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HomeMy WebLinkAboutRESOLUTION - 58-85 - 7/23/1985 - SERVICE AGRMT/METROPOLITAN SANITARY DIST RESOLUTION NO. 58-85 A RESOLUTION OF AGREEMENT BETWEEN THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO AND THE VILLAGE OF ELK GROVE VILLAGE 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: "SERVICE AGREEMENT" 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 23rd day of July , 1985• APPROVED this 23rd day of July 1985• Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk SERVICE AGREEMENT THIS AGREEMENT, made and entered into this AUG 15 1985 day of A.D. , at Chicago, Illinois by and between THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, a municipal corporation, organized and existing under the laws of the State of Illinois, hereinafter designated "MSDGC"; and the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation, organized and existing under the laws of the State of Illinois, hereinafter designated "VILLAGE". WITNESSETH THAT: WHEREAS, the corporate limits of the VILLAGE include areas in DuPage County which are outside the territorial boundaries of. the MSDGC; and WHEREAS, certain areas in the VILLAGE but located outside Cook County require municipal services by the VILLAGE including sewer services; and WHEREAS, all areas now within the VILLAGE limits in Cook County are within the corporate limits of the MSDGC, qualified to receive MSDGC sewage collection and treatment services; and WHEREAS, the VILLAGE considers it advisable and beneficial not to construct and operate sewage treatment facilities to serve a certain "SERVICE AREA", as hereinafter defined in DuPage County, but desires to avail itself to the sewage collection and treatment facilities of the MSDGC, to provide service to its constituents in DuPage County located in said "SERVICE AREA"; and WHEREAS, under the present Illinois Statutes, areas outside of Cook County may not be annexed to the MSDGC; and NOTE: Authority to negotiate this Agreement was granted by the MSDGC Board of Commissioners at its meeting of May 23, 1985. Authority to execute this Agreement was granted by the MSDGC Board of Commissioners AUG 15 1985 . at its meeting of - .. ..3 - 2 - WHEREAS, the MSDGC is authorized under the present Illinois Statutes to enter into agreement with any city, village or incorporated town located partly within and partly without the MSDGC and to provide sewer service to areas which lie outside the MSDGC but within the corporate limits of said cities, villages or incorporated towns: NOW, THEREFORE, in consideration of the promises, mutual convenants and agreements herein contained, it is agreed by and between the parties as follows: 1. Service by MSDGC. Subject to the terms and conditions of this Agreement, the MSDGC hereby gives and grants to the VILLAGE the privilege to discharge into the intercepting sewer of the MSDGC, directly or indirectly through existing or future local sewers, that sanitary sewage, industrial , and other wastes as may be approved by the MSDGC, originating in a certain area hereinafter for convenience called the SERVICE AREA, which is in DuPage County and within the VILLAGE limits and for which MSDGC sewer services will be rendered under the terms of this Agreement. This area is described as a parcel of land bounded on the north by the Cook-Du Page County Line, located approximately 633 feet east of Tonne Road, and extending south of the Cook-DuPage County Line approximately 700 feet as legally described and depicted in the marked Exhibit "A", which is attached hereto and made a part hereof. Said SERVICE AREA consists of approximately ten acres, to be developed as commercial/industrial property. 2. Point of Connection. The VILLAGE shall at no cost to the MSDGC, construct, or cause to be constructed, any and all sewer outfalls or laterals necessary to collect and convey the sewage, industrial wastes, and other wastes from the SERVICE AREA to an MSDGC interceptor. - 3 - 3. Facilities Planning Study. In the event that the 201 Facilities Planning Studies (FPS) involving the MSDGC Upper Salt Creek Basin area, or any other areas under the jurisdiction of the MSDGC or other planning authorities, require revision to allow for provision of service con- templated by this Agreement, or if permits or approvals are required by other authorities having jurisidiction thereover, the VILLAGE, at its sole cost and expense, shall initiate and conclude any and all actions necessary to secure approval of said permits and/or planning revisions. If such permits or approvals are required and are not obtained, this Agreement and any permits issued by MSDGC pursuant hereto shall forthwith become null and void. Any costs that may be incurred by MSDGC for preparation of any amendment to its FPS shall be paid by the VILLAGE. The MSDGC will bill the VILLAGE on the basis of direct time and material cost to the MSDGC plus overhead. It is estimated that the cost of the preparation of the amendments to the MSDGC FPS should not exceed $1 ,000.00. 4. Applicable Ordinance. Upon execution of this Agreement and subject to the conditions thereof, all Ordinances and other requirements applicable to areas within the corporate limits of the MSDGC shall become equally applicable to the SERVICE AREA covered by this Agreement, and the SERVICE AREA shall be entitled to all the sewage transport and disposal services rendered by the MSDGC to properties within its corporate limits. The VILLAGE shall not construct and shall not permit any person to construct any sewer or sewer connection to serve the SERVICE AREA or any part thereof until such time as the MSDGC shall have issued the necessary permits in accordance with the requirements of the Sewer Permit Ordinance and the Manual of Procedures for the Administration of the Sewer Permit Ordinance. - 4 - 5. Reimbursement to the MSDGC. The VILLAGE agrees to pay the MSDGC the cost for handling and treatment of the sanitary sewage, industrial wastes, or other wastes originating on lands within the SERVICE AREA covered by this Agreement, beginning on the date that the MSDGC gives final approval of the sewer connection to the local sewer system serving any portion of the property within the SERVICE AREA. Such payment shall be made in accordance with the following conditions: a. The rate of payment shall be 140% of the ad valorem tax rates levied for the MSDGC upon property within its corporate limits multiplied by the latest available equalized assessed value of the real estate in the SERVICE AREA, determined at the time the payment is made for the services provided. b. The VILLAGE shall furnish to the MSDGC a detailed statement of the equalized assessed real estate values upon which payments are based, in a form satisfactory to the MSDGC. Payment shall be made semi- annually by the VILLAGE and the payments shall be due March 1 , and September 1 of each year. 6. Annexation to MSDGC. It is understood that, under the present Illinois Statutes, areas outside of Cook County may not be annexed to the MSDGC. It is expressly understood and agreed that this Agreement is not intended nor shall it be construed to grant any rights or privileges not granted by Illinois law. It is further expressly understood and agreed that only privileges granted by this Agreement are those of discharge of sewage, industrial waste, and other wastes into the MSDGC interceptor. Nothing in this Agreement shall be construed to establish a contractual relationship between the MSDGC and any party other than the VILLAGE. - 5 - In the event that the Illinois Statutes are revised to permit annexation to the MSDGC of areas outside of Cook County, the VILLAGE shall , at its own expense, promptly undertake the necessary steps and diligently pursue the annexation to the MSDGC of any part of the SERVICE AREA, and this agreement shall become null and void and of no further force or effect for all such annexed portions of the SERVICE AREA as of the date of annexation to the MSDGC. 7, Termination for Cause. In the event of failure by the VILLAGE to make payments as hereinabove specified or to comply with any other condition hereof or any conditions of any sewerage permits issued by the MSDGC by virtue of this Agreement, the MSDGC may, at its option declare this Agreement terminated upon giving the VILLAGE ninety (90) days, disconnect all sewers serving the SERVICE AREA covered by this Agreement, and no flows from said SERVICE AREA shall be allowed to enter into the MSDGC interceptor sewers or treatment facilities thereafter. 8. Termination by the VILLAGE. The VILLAGE may, at its option, terminate this Agreement at any time prior to the annexation of the SERVICE AREA to the MSDGC upon giving the MSDGC an advance notice in writing of at least thirty (30) days, of its intent to do so, and specifying the effective date of such term- ination. On or before the effective date of termination, the VILLAGE shall have disconnected all the sewers, and shall have terminated all discharges into the MSDGC interceptor from the SERVICE AREA. All reimbursements due to the MSDGC from the VILLAGE shall become due and are to be paid on or before the effective date of termination. - 6 - 9. Rights of MSDGC. The MSDGC, in addition to any tether rights under this Agreement, may bring an action in any court of competent jurisdiction, to enforce the terms hereof or to recover any sums of money due it. The rights and remedies of the MSDGC shall be cumulative and election by the MSDGC of any single remedy shall not constitute a waiver of any other remedy which it has under the Agreement. 10. Term of Agreement. This Agreement shall remain in full force and effect until terminated by reason of annexation of the SERVICE AREA to the MSDGC, or termination in accordance with the terms and conditions hereof. 11 . Indemnification. The VILLAGE shall defend, indemnify, keep and save harmless the MSDGC and its officers, commissioners, and employees of and from any and all claims, liabilities, judgments, demands, liens, choses in action, whatsoever, whether meritorious or not, which arise or are asserted against the MSDGC pursuant to the exercise by the MSDGC of its rights of termination under the terms and conditions hereof, or in connection with any other action taken by the MSDGC or any others pursuant to this Agreement. 12. Completion of SERVICE AGREEMENT. The VILLAGE must conform to the terms of this Agreement and make application for a Sewer Permit for the Service Area within one year of the date of the Agreement or the Agreement becomes null and void. IN WITNESS WHEREOF, the VILLAGE OF ELK GROVE VILLAGE and THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, the parties hereto, have each caused these presents to be executed in triplicate, by their duly authorized officers to be duly attested and their seals to be hereunto affixed. ATTEST: THE METROPOLITAN SANITARY DISTRICT ,0-FGREATER CH CAGO tAAAJ C airman, Commitee on Finance ATTEST: VILLAGE F ELK GROVE VI AGE By: Village Clerk Vi 11 q5fel Pre nt APPROVED FOR THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO AS TO ENGINEERING: Engineer of Loca ewers Assistant Enief Engineer Chief Engineer AS TO FORM AND LEGALITY: <:�( Head Assistant Attorney��� � Attor eh y APPROVED: ""14) W."j, ? - S )r ener 1 Superintendent Date APPROVED FOR THE VILLAGE OF ELK GROVE VILLAGE AS TO ENGINEERING: - -7 At-:- )Pillage Engineer AS TO FORM AND LEGALITY: ,o�/ -, 1Village Attorney —PLAr oc A"/^�Exarron/ - -7'O THE - - I�/GG�aG'E OF ELK GROvE I//GL.aGF — Ml( � tM 1� rr^wnc � _ r 'n ] ]• rp r1 f��0� wcrl l„ qtr .n .. .. ..n. 1�.: r( .n:l t.e ., ilt In peon •:�•unt i. 111��.��. 3g47 4 3R a � � 5 � l Gecrr A v- 10.oo3z R�5_ 31270' _ _ 31297' _ (125194' -.N.n¢..e cV 1M .lun r vmlevlwz n: .R.Vrllac� u( I4 Glovn V111an.. 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