HomeMy WebLinkAboutRESOLUTION - 50-82 - 9/28/1982 - AGRMNT/MSD/BRICKVALE SUBDIVISIONRESOLUTION NO. 50-82
A RESOLUTION .AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK
TO EXECUTE AN AGREEMENT WITH THE METROPOLITAN SANITARY DISTRICT
OF GREATER CHICAGO
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 for the provision of
sewage collection and treatment services to the Brickvale Subdivision located
in DuPage County and outside the territorial boundaries of the Metropolitan
Sanitary District of Greater Chicago, 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 _228th day of September , 1982.
APPROVED this 28th day of September , 1982.
C v�
Villag7Pr dent
ATTEST:
Village Clerk
SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this
day of
D., 1982, 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 Du Page 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 Du Page County, but desires to avail itself to the sewage
collection and treatment facilities of the MSDGC, to provide service to its
constituents in Du Page 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 April 22, 1982. Authority to execute
this Agreement was granted by the MSDGC Board of Commissioners at its
meeting of
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WHEREAS, the MSDGC is authorized under the present Illinois Statutes to enter
into agreements 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 con-
venience called the SERVICE AREA, which is in Du Page 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 (Devon Avenue), located approxi-
mately 1300 feet east of Busse Road, and extending south of Devon Avenue,
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
nine acres, to be developed as fourteen: commercial/industrial lots.
2. Point of Connection. The VILLAGE shall at no cost to the MSDGC, construct,
or cause to be constructed, any and all se -vier outfalls or laterals necessary
to collect and convey the sewage, industrial wastes, and other wastesfrom the
SERVICE AREA to an MSDGC interceptor.
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,
y,.
4.
5
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require revision to allow for provision of service contemplated by this
Agreement, or if permits or approvals are required by other authorities having
jurisdiction 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 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 amend-
ments to the MSDGC FPS should not exceed $1,000.00.
Applicable Ordinance. Upon execution of this Agreement and subject to the con-
ditions 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 Adminis-
tration of the Sewer Permit Ordinance.
Reimbursement to the MSDGC.. The VILLAGE agrees to pay the MSDGC the cost
for the 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 of final approval and acceptance of this
SERVICE AGREEMENT by the MSDGC Board of Commissioners. Such payment shall
be made in accordance with the following conditions:
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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 equalizes
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 I 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 the 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.
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 annex-
ation to the MSDGC of any part of the SERVICE AREA, this agreement shall become
null and void and of no further force or effect as to all such annexed portions
of the SERVICE AREA.
7. Termination for Cause. In the event of failure by the VILLAGE to make pay-
ments 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
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-5 -
giving the VILLAGE ninety (90) days notice in writing of its intention to do
so. If the Agreement is so terminated, the VILLAGE shall within said 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 ter-
mination. 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 be paid on or before the effective date of
termination.
9. Rights of MSDGC. The MSDGC, in addition to any other 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 ter-
mination 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 pursua
to the exercise by the MSDGC of its rights of termination under the terms and
a'
and conditions hereof, or in connection with any other action taken by the
HSDGC or any others pursuant to this Agreement.
IN WITNESS WHEREOF, the VILLAGE OF ELK GROVE VILLAGE and THE METROPOLITAN
-ARY DISTRICT OF GREATER CHICAGO, the parties hereto, have each caused these
ants to be executed in duplicate, by their duly authorized officers to be duly
:ted and their seals to be hereunto affixed.
3T
-ST:
THE METROPOLITAN SANITARY DISTRICT
OF GREATER CHICAGO
By:
Chairman, Committee on Finance
VILLAGE OF ELK GROVE VILLAGE
am
APPROVED FOR THE METROPOLITAN SANITARY
DISTRICT OF GREATER CHICAGO
AS TO ENGINEERING:
Engineer of Local Sewers Assistant Chief Engineer
Chief Engineer
AS TO FORM AND LEGALITY:
Principal Assistant Attorney Attorney
APPROVED:
General Superintendent Date
APPROVED FOR THE VILLAGE OF ELK GROVE VILLAGE
AS TO ENGINEERING:
llage Engineer
AS TO FORM AND LEGALITY:
i lage Attorney �:..
The following legal description for the Brickvale Subdivision
is provided to include all lots currently subdivided within the
original subdivision.
BRICKVALE SUBDIVISION OF LOTS 4 AND 5 IN DEVON FIVE ACRE FARMS,
A SUBDIVISION OF THE WEST HALF OF THE WEST HALF OF THE NORTHEAST QUAR-
TER OF SECTION 2 AND THAT PART OF THE EAST HALF OF THE NORTHWEST_ QUAR-
TER OF SAID SECTION 2 LYING EAST OF THE EAST LINE OF THE WEST 9 FEET
THEREOF, EXCEPTING FROM ALL OF SAID PREMISES THE EAST HALF OF THE
NORTH 60 ACRES THEREOF CONVEYED TO LUDWIG KOPOWZINSKI, ET AL, BY DEED
DATED MAY 27, 1913 AND RECORDED IN BOOK 110 OF DEEDS ON PAGE 519 AS
DOCUMENT 112247, ALL IN TOWNSHIP 40 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN WHICH INCLUDES THE FOLLOWING:
LOT 1,2,3,4,5,6,7,8,9,10 AND 11 OF THE BRICKVALE RESUBDIVISION OF PART
OF THE BRICKVALE SUBDIVISION, AND
LOT 2 OF THE FIRST DIVISION IN BRICKVALE SUBDIVISION, BEING A SUBDIVISION
OF PART OF BRICKVALE SUBDIVISION, AND...
LOT 2 OF THE SECOND DIVISION IN BRICKVALE SUBDIVISION, BEING A SUBDIV-
ISION OF PART OF BRICKVALE SUBDIVISION, AND
LOT 3 OF THE DE VAC SUBDIVISION, BEING A SUBDIVISION OF PART OF BRICK -
VALE SUBDIVISION, ALL IN DU PAGE COUNTY, ILLINOIS.
RLP: pp
BRICKVALE SUBDIVISION
Analysis of Tax Impact of Property Owners
Due to 140% MSD Surcharge
Permanent Parcel Number
03-02-101-001
03-02-101-002
03-02-101-003
03-02-101-004
03-02-101-005
03-02-102-001
03-02-102-002
03-02-102-006
03-02-102-007
03-02-102-008
03-02-102-009
03-02-102-023
E3O�
(A) 1981 MSD Tax Rate $.643/$100 EAV
x 140% Surcharge - 140%
Adjusted MSD Rate $.90/5100 EAV
MSD Tax (A)
1981
(Estimated
EAV
for 1981)
$15,826
$ 142.43
97,782
880.04
9,283
83.55
61,363
552.27
8,885
79.97
13,983
125:85
15,710
141.39
34,061
306.55
34,205
307.35
8,885
79.97
160,058
1,440.52
83,517
751.65
Total $543,558
$4,892.04
(A) 1981 MSD Tax Rate $.643/$100 EAV
x 140% Surcharge - 140%
Adjusted MSD Rate $.90/5100 EAV