Loading...
HomeMy WebLinkAboutRESOLUTION - 6-85 - 1/22/1985 - JOINT WASTE WATER AGRMT/1ST AMENDMENT RESOLUTION NO. 6-85 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT TO SIGN A FIRST AMENDMENT TO THE JOINT WASTEWATER AGREEMENT OF 1984 BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE VILLAGE OF BENSENVILLE NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1 : That the Village President be and is hereby authorized to sign the attached documents marked: FIRST AMENDMENT TO JOINT WASTEWATER AGREEMENT OF 1984 a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 22nd day of January , 1985. APPROVED this 22nd day of January , 1985. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk FIRST AMENDMENT TO JOINT WASTEWATER SERVICE AGREEMENT OF 1984 The Joint Wastewater Service Agreement of 1984 ("Joint Agreement") executed by the Village of Bensenville ("Bensenville") on or about March 1, 1984 and executed by the Village of Elk Grove Village ("Elk Grove") on or about June 27, 1984 is hereby amended as follows: 1. Sub-paragraph (c) of the definition of "Costs of Operation, Maintenance and Replacement" found on page 4 of the Joint Agreement is amended to read as follows: "(c) costs of replacement, that is, expendi- tures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the design or useful life, whichever is longer, of the treatment works to maintain the capacity and performance for which such works were designed and constructed. 'Costs of OM&R' do not include capital expenditures." 2. The term "reconstruction" shall be substituted for the term "replacement" wherever the latter appears in paragraphs 16.1 and 16.2 of the Joint Agreement. The term "reconstructed" shall be substituted for the term "replaced" wherever the latter appears in paragraph 16.2 of the Joint Agreement. The parties understand and agree that costs of replacement do not include capital expenditures and that capital expenditures do not fall within costs of replacement. 3. Paragraph 6.1 of the Joint Agreement is amended by the addition of the following to the end of said paragraph: "Provided, however, that Dischargers within the Service Area may be assessed by Bensenville a Sur- charge pursuant to sections 8-6-23-6 and B-6-23-7 of Bensenville's Ordi- nance for Sewers and Wastewater Treatment". 4. All other terms and conditions of the Joint Wastewater Service Agreement of 1984 shall remain -unchanged. VILLAGE OF BENSENVILLE By: SEAL Attest: Date: VILLAGE OF ELK GROVE VILLAGE By: SEAL Attest: Date: