18-103 Signed State of Illinois )
County of Kane)
City of Elgin )
CERTIFICATE OF CITY CLERK
I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full,true, and correct copy of:
RESOLUTION NO. 18-103
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO MULTI-COUNTY
MUNICIPALITY INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF ELGIN AND THE METROPOLITAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO
adopted by the Elgin City Council at its legally convened meeting held on September 26, 2018.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this October 3, 2018.
.ram T :Y%• X11/ A64QA
N.fi ' Kimberly Dee", City Clerk
i t,1 YF i.t
This instrument prepared by: Return to:
William A. Cogley Kimberly Dewis
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120
Resolution No. 18-103
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO MULTI-COUNTY
MUNICIPALITY INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF ELGIN AND THE METROPOLITAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO
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 Amendment to Multi-County Municipality Intergovernmental
Agreement with the Metropolitan Water Reclamation District of Greater Chicago,a copy of which
is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 26, 2018
Adopted: September 26, 2018
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT TO MULTI-COUNTY MUNICIPALITY INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ELGIN AND THE METROPOLITAN
WATER RECLAMATION DISTRICT OF GREATER CHICAGO
THIS AMENDMENT TO AGREEMENT ("Amendment") is entered into by and
between the Metropolitan Water Reclamation District of Greater Chicago, a unit of local
government and body corporate and politic, organized and existing under the laws of the State of
Illinois ("District") and the City of Elgin, a municipal corporation and home rule unit of
government organized and existing under Article VII, Section 6 of the 1970 Constitution of the
State of Illinois ("Municipality").
WITNESSETH:
WHEREAS, on September 22, 2016, the Municipality and the District (the "Parties")
entered into a written agreement, entitled "Multi-County Municipality Intergovernmental
Agreement Between the City of Elgin and the Metropolitan Water Reclamation District of Greater
Chicago" ("Agreement") whereby the Municipality administers the stormwater ordinance of
another county in which its municipal boundary is located in lieu of the Watershed Management
Ordinance ("WMO") for the Cook County portions of its municipal boundary; and
WHEREAS, the Municipality has adopted and is administering the Kane County
Stormwater Management Ordinance ("KCSMO") for the municipal area located within Cook
County, which is subject to the WMO; and
WHEREAS,under the Agreement, Watershed Management Permits issued by the District
are still required for development activities as listed in Article 2,Section 201.2 of the WMO,which
includes modifications to District permitted detention facilities and/or their tributary area; and
WHEREAS, the Parties seek to amend the Agreement to be consistent with the
February 15, 2018 amendments to the WMO under which Watershed Management Permits for
development activities listed in Section 201.2.E and 201.2.F of the WMO are not required; and
WHEREAS, all other terms and conditions contained in the Agreement not expressly
amended in this Amendment shall continue to remain in full force and effect; and
WHEREAS, on March 1, 2018, the District's Board of Commissioners granted authority
to negotiate and execute this Amendment; and
WHEREAS,on September 26 , 2018, the Municipality's City Council authorized
the Municipality the amend the intergovernmental agreement with the District; and
NOW THEREFORE, in consideration of the matters set forth, the mutual covenants and
agreements contained herein, it is agreed by and between the parties that the recitals set forth above
shall hereby be adopted as the terms and conditions of this Amendment, and Article 3 of the
Agreement is stricken in its entirety and replaced with the following:
Article 3. Watershed Management Permits
1. Article 2, Section 207 of the WMO regulates development activities for multi-county
municipalities and describes under what circumstances a Watershed Management Permit is
required. In general, multi-county municipalities must obtain a Watershed Management
Permit for: (1) qualified sewer construction tributary to either a combined sewer or
waterway within the District's corporate boundaries; (2) direct connections to District
infrastructure; (3) stormwater discharges on District property; or (4) new or reconstructed
outfalls to waterways. The multi-county municipality should consult Article 2, Section 207
of the WMO for the specific instances where a Watershed Management Permit is required.
2. A Watershed Management Permit shall not be required from the District for any
development activity enumerated in Article 2, Section 201.1 or Sections 201.2.E and
201.2.F of the WMO proposed within the Municipality's corporate limits. For such
development activities, the Municipality shall issue permits within its corporate area in
conformance with the terms and conditions of the KCSMO.
3. Upon request, the Municipality shall reasonably cooperate with the District on
administrative proceedings related to variances, appeals, and violations of the WMO. The
Municipality's reasonable cooperation shall include assistance in the form of supporting
documents, information, and, if necessary, testimony.
EXCEPT AS AMENDED by the provisions contained above, all remaining terms and conditions
of the Intergovernmental Agreement between the Parties shall be and remain in full force and effect.
2
IN WITNESS WHEREOF,the Metropolitan Water Reclamation District of Greater Chicago
and the City of Elgin, the parties hereto, have each caused this Amendment to be executed by
their duly authorized officers, duly attested and their seals hereunto affixed on the dates
specified below.
CITY OF ELGIN
September 26, 2018
Mayor Date
A11 EST:
11. 4/ 1e4(.2S September 26, 2018
City Clerk Date
3
.•
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
P44
Chairman of the Committee on Stormwater Management Date
-01111 RV.-
Neve Director Date
A rasA.
_SAO ,
Clerk/ Or
//'27v7
Date
APPROVED AS TO ENGINEERING AND TECHNICAL MA VIERS:
%Aut. IDat t'
Engineer of Local Sewer Systems
6.4.7.a4 II 7(7
Assistant Director o ErlJpéering Date
C tfnlANt% iti qf IP
Director of Engineering Date
APPROVED AS TO FORM AND LEGALITY:
Head Assistant Attorney Date
7/141 /(4'e? ifi 1LfII
General Counsel Date
4
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ENG - MWRD Multi-County WMO IGA-Amendment#1-Attachment B
September 12, 2018
Amendment to the Multi-County Municipality Intergovernmental Agreement Between the City
of Elgin and the Metropolitan Water Reclamation District of Greater Chicago (MWRD)
The proposed amendment would relieve applicants in Cook County from providing dual
applica-
tions to both the City and MWRD in the following/nstances:
§ 201.
1. A Watershed Management Permit from either the District or an authorized municipality shall
be required for any of the following development activities:
A. Development within a Flood Protection Area;
B. Development with an indirect wetland impact;
C. Development of residential buildings within 100-feet of the regulatory floodplain, exclud-
ing non-substantial improvements to a single-family home; and
D. Development disturbing more than 0.5 acre, unless the development solely involves one
or more of the following:
(1) Installation, renovation,or replacement of a septic system, potable water service line,
or other utility to serve an existing structure, provided that the area is restored to existing
grade and vegetative cover is restored;
(2) Excavation in public rights-of-way or public utility easements,outside of flood protec-
tion areas, for the purpose of installing or maintaining utilities other than qualified sewer
construction, provided that the area is restored to existing grade and vegetative cover is
restored. Utility excavation not requiring a Watershed Management Permit must install
and maintain adequate sediment and erosion control;
(3) Maintenance activities, repair, or at-grade in-kind replacement of existing lawn areas
not otherwise requiring a Watershed Management Permit, provided that the area is re-
stored to existing grade and vegetative cover is restored; or
(4) Maintenance activities, repair,or in-kind replacement of existing impervious areas in-
cluding, but not limited to, roadways or parking lots not otherwise requiring a Watershed
Management Permit.
2. A Watershed Management Permit from the District shall be required for any of the
following development activities:
E. Development proposing reconfiguration of existing major or minor stormwater systems
which alters the service area of a District permitted detention facility;
F. Development proposing modifications to the outlet control structure or storage volume of
a District permitted detention facility;
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