HomeMy WebLinkAboutORDINANCE - 3420 - 4/28/2015 - ST. AUBIN TREE HARVESTINGORDINANCE NO. 3420
AN ORDINANCE AMENDING ORDINANCE NO. 3291 PERTAINING TO
SUPPLEMENTING ADDITIONAL TREES OF THE TREE HARVESTING
AGREEMENT BETWEEN THE VILLAGE AND EUGENE A. de ST. AUBIN & BRO.
INC. (ST. AUBIN'S)
WHEREAS, the Village and St. Aubin's entered into a Tree Harvesting Agreement
dated August 21, 2007 and as amended by Ordinance No. 3291 dated March 13, 2012; and
WHEREAS, the Mayor and Board of Trustees of the Village have been advised by the
Director of Public Works that as a result of the continued loss of trees occasioned by the Emerald
Ash Borer infestation of existing Ash trees, it is necessary to acquire additional replacement trees
and thus amend the amendatory provision of Ordinance No. 3291; and
WHEREAS, the Mayor and Board of Trustees find and believe that the proposed
amendment wherein the Village purchases an additional 250 replacement trees in each of the
next four years (2015, 2016, 2017 and 2018) is in the best interest of the Village.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, Illinois, as follows:
Section 1: That this Ordinance is adopted pursuant to the Village's Home Rule
Authority.
Section 2: That the Mayor and Village Clerk are hereby authorized to execute a Second
Amendment to the Tree Harvesting Agreement dated August 21, 2007, a copy of which is
attached hereto.
Section 3: That this Ordinance shall be in full force and effect from and after its passage
and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 28"' day of April 2015.
APPROVED this 28°i day of April 2015.
APPROVED:
Mavor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan, Village Clerl:
S�cand A mend'1'rwl I.m e,l
SECOND AMENDMENT TO TREE HARVESTING AGREEMENT
This Second Amendment made and entered into this 28"' day of April 2015 by and
between the Village of Elk Grove Village, an Illinois Municipal Corporation (Village) and
Eugene A. de St. Aubin & Bro. Inc. (St. Aubin's):
WITNESETH:
WHEREAS, the Village and St. Aubin's entered into a tree Harvesting Agreement dated
August 21, 2007 with respect to the harvesting of trees as replacements for those trees damaged
by the Emerald Ash Borer, which Agreement was previously amended by Ordinance No. 3291;
and
WHEREAS, the impact of the infestation on Ash trees continues to be more significant
than originally determined; and
WHEREAS, the Village and St. Aubin's deem it necessary and appropriate to again
amend the original Tree Harvesting Agreement by harvesting additional trees over the next four
years.
NOW, THEREFORE for good aid valuable consideration, it is hereby agreed, as a
second amendment to the Tree Harvesting Agreement dated August 21, 2007 as follows:
1. That the Tree harvesting Agreement dated August 1, 2007 as previously amended by
Ordinance Number 3291 adopted March 13. 2012, be further amended by adding thereto a new
paragraph 10 which shall react as follows:
10. SECOND SUPPLEMENTAL ADDITIONAL TREES — In 2015, 2016, 2017
and 2018, St. Aubin's will provide two hundred fifty (250) additional 4" trees per
year, one hundred twenty -Five in the Spring and one hundred twenty-five in the
Fall at a price of $325.00 per tree.
2. That all other provisions of the Tree Harvesting Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the date first above written.
EUGENE A. de ST. AUBM & BRO. INC. VILLAGE OF ELK GROVE VILLAGE
By: Mayor Craig B. Johnson
ATTEST:
Judith M. Keegan, Village Clerk