13-82 Resolution No. 13-82
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH FOX RIVER WATER RECLAMATION DISTRICT
FOR WATER SERVICE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and
directed to execute an intergovernmental agreement with Fox River Water Reclamation District on
behalf of the City of Elgin for water service, a copy of which is attached hereto and made a part.
hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 8, 2013
Adopted: May 8, 2013
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
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FRWRD3\El in Water Service Agreement
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INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT made and entered into this 8th day of May
2013, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to
as the "City") and the Fox River Water Reclamation District (hereinafter referred to as the
"District"); and
WHEREAS, the District is the owner of the property commonly known as 197 N.
LaFox Street, South Elgin, Illinois 60177, such property being depicted and legally described on
the plat of survey of such property attached hereto as Exhibit A (hereinafter referred to as the
"Subject Property'); and
WHEREAS, the Subject Property is not located within the corporate limits of the City but
is located adjacent to the southern boundary of the corporate limits of the City and adjacent to
other property owned by District commonly referred to as the District's West Water Reclamation
Facility (hereinafter referred to as the "West WRF") ; and
WHEREAS, a City water main is located in South State Street in Elgin adjacent to the
Subject Property, such water main being depicted on the Water Main Atlas attached hereto as
Exhibit B (such City water main is hereinafter referred to as the "Subject City Water Main"): and
WHEREAS, the District has requested that the City allow the District at the District's
expense to connect buildings located on the Subject Property by way of existing connections on
the West WRF property to provide City water service for the buildings located on the Subject
Property; and
WHEREAS, the City has requested and the District has agreed to construct a new master
meter and back flow preventer on the District's West WRF that is located wholly within the
corporate limits of the City to provide a single point of connection, metering and back flow
prevention to accommodate the water needs of the Subject Property and the West WRF;
NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. The District is hereby granted permission by the City to connect to the Subject
City Water Main so as to provide City water service to the buildings on the Subject Property and
to the West WRF. The District's connection to the Subject City Water Main shall be performed
in conformance with all applicable City ordinance requirements and other applicable
requirements of law as determined by the City's Water Director and shall be at the sole cost and
expense of the District without any cost or expense to the City. With the exception of the City's
water meter, the improvements to be installed by the District east of the Subject City Water Main
extending to the Subject Property and within the West WRF shall be considered private service
improvements to be owned and maintained by the District and to be installed in easements (as
may be required or applicable) to be obtained by the District at District's expense. Prior to the
connection by the District to the Subject City Water Main the District shall submit plans and
specifications regarding such proposed connection to the City's Water Director for approval.
Prior to such connection the District shall also pay all applicable charges and fees to the City as
provided by City ordinances or otherwise provided by law.
2. The City water service as authorized herein shall be solely and only for the
buildings on the Subject Property and the District's West WRF. It is the intention of the parties
that the water service for the buildings on the Subject Property shall be only for the existing
building now under construction on the Subject Property consisting of its administration building
and laboratory and related uses.. The City water service to be provided by the City to the District
for the buildings on the Subject Property pursuant to this Agreement shall be on a basis
comparable to other applicable areas of the City bearing similar characteristics to the Subject
Property it being agreed and understood that the water service referred to herein is intended as a
general service only and that no special duty or obligation is intended nor shall be deemed to be
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created by this Agreement. The water service to be provided to the buildings on the Subject
Property shall be subject to all applicable city ordinances and other regulations including, but not
limited to, Title 14 of the Elgin Municipal Code, 1976, as amended. Water rates and fees for all
water furnished by the City to the District shall be at the rates and fees in such amounts for
properties located within the corporate limits of the City notwithstanding the Subject Property is
not within the corporate limits of the City. Such water rates and fees shall be in the amounts as
established from time to time by the City. District shall also pay all charges and associated fees
to the City when due for the water service provided by the City pursuant to this Agreement. It is
agreed and understood that the water system capital connection fee provided for in Elgin
Municipal Code Section 17.04.050 does not apply to the District water connection referred to in
this Agreement pursuant to Elgin Municipal Code Section 17.01.040C.
3. The City shall not be liable for damages, breach of contract or otherwise for
failure, suspension, diminution, or other variation of water service occasioned by any cause
beyond the control and without the fault or negligence of the City or its operating plant
personnel. Such causes include, but are not limited to, acts of God or of the public enemy, acts
of the state or federal government in either its sovereign or contractual capacity, fires, flood,
epidemics, quarantine restrictions, strikes or failure or breakdown of transmission or other
facilities. The District agrees to hold and save the City harmless from any and all claims,
damages, suits, causes of action and the like which may arise by virtue of this Agreement for any
water sold pursuant to this Agreement.
4. In the event the providing of City water service to the buildings on the Subject
Property requires amendments to facility planning areas, District shall at its cost apply for and
obtain any such facility planning area amendments and the City agrees to reasonably cooperate
in such efforts.
5. The term of this Agreement shall be for twenty (20) years from the date and year
first written above. Notwithstanding the foregoing, the District may terminate this Agreement, at
any time upon thirty (30) days advance written notice to the City whereupon City water service
to the Subject Property shall terminate.
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6. Any notices which may be or are required to be given under this Agreement shall
be sent by overnight courier or United States certified mail/return receipt requested, postage
prepaid, and shall be addressed to the addresses and persons as set forth hereunder:
If to the City: City Manager
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
With a Copy to: Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
If to Owner: Executive Director
Fox River Water Reclamation District
P.O. Box 328
Elgin, Illinois 60121-0328
With a Copy to: Douglas J. Scheflow
Scheflow & Rydell
63 Douglas Ave., Suite 200
Elgin, Illinois 60120
7. This Agreement shall not be deemed or construed to create an employment,joint
venture, partnership, or other agency relationship between the parties hereto.
8. That the failure by a party to enforce any provision of this Agreement against the
other party shall not be deemed a waiver of the right to do so thereafter.
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9. This Agreement may be modified or amended only in writing signed by both
parties hereto, or their permitted successors or assigns, as the case may be.
10. This Agreement, and its exhibits, contains the entire Agreement and
understanding of the parties hereto with respect to the subject matter as set forth herein. All prior
Agreements and understandings have been merged herein and extinguish hereby.
11. This Agreement is and shall be deemed and construed to be a joint and collective
work product of the City and Owner, and, as such, this Agreement shall not be construed against
the other party, as the otherwise purported draft of same, by any court of competent jurisdiction
in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or
provisions contained herein.
12. This Agreement is subject to and shall be governed by the laws of the State of
Illinois and the parties agree that Sole Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane
County, Illinois.
13. This Agreement shall be binding on the parties hereto and their respective
successors and permitted assigns. This Agreement and the obligations herein may not be
assigned without the express written consent of each of the parties hereto which consent may be
withheld at the sole discretion of either of the parties hereto.
14. If either party fails or refuses to carry out any of the material covenants or
obligations herein, the other party shall be entitled to pursue any and all available remedies as
specified herein or as otherwise available at law, equity or otherwise. Notwithstanding the
foregoing or anything else to the contrary in this Agreement, no action shall be commenced by
the District or any other person or entity against the City or any of its officials, officers,
employees, agents or any other related person or entity for monetary damages.
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IN WITNESS WHEREOF, the parties have entered into and executed this Agreement on
the date and year first written above.
CITY OF ELGIN, an Illinois FOX RIVER WATER RECLAMATION
municipal corporation DISTRICT
By By 4L�'=
Mayor President
Attest: Attest:
1,0,1 A...ty Clerk Cle -Treasurer
FALeeal Dept\AgreementUntegovemmental Agreement-FRWRD-1957 N LaFox-clean 6-11-12.docx
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EXHIBIT A
Legal Description of Subject Property
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EXHIBIT B
Water Main Atlas
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ATTACHMENT B: LOCATION MAP
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Exhibit B