1986-07-21 - Resolution 1986-47 - APPROVING AN AGREEMENT WITH THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO TO TEMPORARILY PROVIDE SEWERAGE TREATMENT AND INTERSEPTOR SERVICE FOR THE PROPOSED POLICE FACILITYRESOLUTION NO. 85 - 47
A RESOLUTION APPROVING AN AGREEMENT WITH THE METROPOLITAN SANITARY DISTRICT
OF GREATER CIIICAGO TO TEMPORARILY PROVIDE SEWERAGE TREAT}.IENT AND INTERSEPTOR
SERVICE FOR THE ?ROPOSED POLICE FACILIfi
mIEREAS, the VlLlage deslres to construct a nerr Pollce Faclllty on
a slte rrhlch ls largely outslde the llnlts of the Metropolltan Sanltary
Dlstrlct of Greater Chlcago (MSDGC); and,
I'IIEREAS, temporary senerage servlce Ls needed untll 1oca1
developments extend sanl.tary serrers whlch are trlbutary to the Lake County
Sewage Treatment Plant to the area of the proposed Police Faclllty; and,
WITEREAS, the ISDGC ls w11llng to provide temporary severage servlce
ln accordance with the terms of an agreenent whlch has been proposed by the
MSDGC;
NOW, TITEREFoRE, BE IT RESoLVED, by the V111age Presldent and Board
of Trustees of the Vlllage of Buffalo Grove, Cook and Lake Countles, Illlnols
as folloss:
1. The agreeEent entltled ttService Agreeroentrr ls hereby approved.
2, The Vlllage Presldent 18 authorlzed and dlrected to execute the
agreement, a copy of whlch ls attached hereto and made a part
hereof.
AYES :5 - llarienthal, O'Reilly, Glover, Shields, Kowalski
NAYES: 0 - None
1- ReidABSENT:
PASSED: July 21, 1986
APPROVED :
v 1 age Pres ident
ATTEST :
SE'rtTn,S.-S,"^vftr+t cLtE
K
SERVICE AGREEHENT
THIS AGREEMENT, made and entered into this 14+h day of
August, 1986 A.D., at Chicago, Illinois by and between THE
METRoPoLITAN SANITARY DISTRICT 0F GREATER CHICAGo, a municipal corporation,
organized and existing under the laws of the state of Illinois' hereinafter
designated ,,MSDGC"; and the VILLAGE OF BUFFALO GR0VE, a municipal corporation,
organized and existing under the laws of the State of Illinois, hereinafter
designated*,ILLAGE"'
HITNESSETHTHAT:
WHEREAS, the corporate timits of the VILLAGE include areas in Lake
County which are outside the territoria'l boundaries of the MSDGC; and
HHEREAS, certain areas in the vILLAGE but located outside cook county
require municipal services by the vILLAGE including sewer services; and
IIIHEREAS, all areas now within the VILLAGE limits in Cook County are
within the corporate I imits 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 Lake County, but desires to
avail itself to the sewage collection and treatrnent facilities of the MSDGC,
to provide service to the Po] ice station in Lake 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
N0TE: Authority to negotiate this Agreement was granted by the l4sDGC Board
of Commissioners at its meeting of August l5' 1985' Authority to
execute this Agreement vras granted by the IISDGC Board of Conrnissioners at
its meeti ng of Auqus 14 - I qe(
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 I4S0GC and to provide sewer service to
areas which Iie outside the MSDGC but within the corporate limits of said
cities, villages or i ncorporated towns:
NOll|, THEREFoRE, in consideration of the promises, mutual convenants
and agreements herein contained, it ls agreed by and between the parties as
fol I ows :
1.Service bv MSDGC.Subject to the terms and conditions of thfs Agreement '
the MSDGC hereby gives and grants to the VILLAGE the privilege to
discharge into the intercepting sewer of the MSDGC, directly or indirect]y
through existing or f,uture 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 Lake County and within the VILLAGE limits and for which MSDGC
sewer services wi]I be rendered under the terrns of this Agreement. This
area is described as a parcel of land fronting on Church Road' the
cook-Lake county Line with a portion of the parcel wlthin cook county 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
two acres, to be developed as the site of the VILLAGE Police Station'
point of connection. The vILLAGE shall at no cost to the MSDGC, construct,2
or cause to be constructed, any and al'l sewer outfalls or 'laterals
necessary to collect and convey the sewage, industrial wastes, and olher
wastes from the SERVICE AREA to an MSD6C interceptor'
3
3. Facilities Planninq Study. In the event that the 201 Facilities Plannin s
Studies (FPS) involving the MSDGC Upper SaIt Creek Basin area, or any
other areas under the jurisdiction of the HSDGC or other planning
authorities, require revision to allow for provision of service contempl ated
by this Agreement, or if permits or aporovals are required by other
authoritie$ 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 pennits and/or planning revisions. If such
pennits or approvals are required and are not obtained, this Agreement
and any perrni ts issued by l,lSDGC 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 any
amendments to the MSDGC FPS for this purpose should not exceed $1,000.00.
4. Appl icable 0rdinance. U pon execution of this Agreement and subject to
the conditions thereof, a'll 0rdinances and other requirements applicable
to areas within the corporate limits of the I'ISDGC shalI become equally
app'l icable to the SERVICE AREA covered by this Agreement, and the
SERVICE AREA shall be entitled to a'll 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. Re imbursement to the MSDGC. The VILLAGE agrees to pay the IISDGC
the cost for the handling and treatment of the sanitary sewage and/or
industrial waste originating on lands within the SERVICE AREA covered
by this Agreement, beginning the first day that sewage and/or waste
water are discharged from sewers serving said SERVICE AREA into the
VILLAGE'S local sewers, or on the date of flnal approval and acceptance
of this SERVICE AGREEMENT by the MSD Board of Commissioners, whichever
is ear'lier. Such payment shall be made in accordance with the following
condi tions :
Tax Exemp t Prooerty.
The rate of payment shal l be 140% of the unit prices contained in
the MSDGC's User Charge 0rdinance for Tax Exernpt Users. It is
understood and agreed that the User Charge Ordinance may from time
to time be amended by the MSDGC, during the life of this Agrearent'
and the VILLAGE agrees to make payments according to the rates in
effect during the period of service multiplied by l4O%. The
current unit prfces contained in the User Charge Ordinance are
shown bel ow.
(l) Liquid $72.52 per mil1 ion gallons (MG)
(2) S-Day $90.14 per thousand pounds of BoD
(3) Suspended So1 ids $09.89 per thousand pounds of SS
Under the provisions of the User Charge Ordinance, two options
are available to the Village to calculate the amounts due to the
MSDGC, as fol I ows:
0ption 1. Institute a sampling and measurement program in accordance
with the provisions of Section 5 of the User Charge Ordinance to
determine the quantities and strength of the waste discharged into
the sewer system.
a
b
6
v
-5-
\./
0ption II. In accordance with the provisions of Section 7f of
the User Charge ordinance, consider the waste quantities to be
equa'l to water meter readings' and the strength of the waste
to be 119 msll (gg2.35 lb/MG) for BOD and 168 mg/l (1401.12 Ib/l4G)
for suspended sol ids.
c. The VILLAGE sha]l suhnit to the MSDGC certified copies of the sewage
flow measurements or water meter readings on a sefli-annual basis
and payment shal'l be made accordingly. The payments shall be due
on January 1 and July l.of each year.
To compute payments, multiply rates indicated by 140%' The provisions
contained in the User Charge 0rdinance relative to real estate tax
credits shal l not be applicable to the users in the SERVICE AREA
covered by th is Agreement.
Annexation to HSDGC. 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 shal'l 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 shal 1' at its
own expense, promptly undertake the necessary steps and dil igently 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 MS DGC.
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 l',lSDGC may, at its option declare this
Agreement terminated upon giving the VILLAGE ninety (90) days notice in
writing of its intention to do so. If the Agreement is so terminated,
the VILLAGE shal l within said ninety (90) days, disconnect all saners
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 treatrnent facilities thereafter.
8. Termination b the VILLAGE. The VILLAGE ma y, 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 termination. 0n or before the effective date of
termination, the VILLAGE shal l have disconnected alI the sewers, and
shall have terminated a1l discharges into the MSDGC interceptor from
the SERVICE AREA. Al l reimbursements due to the MSDGC from the VILLAGE
shal l become due and are to be paid on or before the effective date of
termi nation.
Riqhts 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.
9
6
7
10. Term of Agreement. This Agreement shail remain in ful I force and effect
The VILLAGE shall defend, indemnify, keep and save
harmless the MSDGC and its officers, conrnissioners, and ernployees of and
from any and a'll claims, l iabilities, judgments, demands, liens, choses
in action, whatsoever, whether meritorious or not, which arise or are
asserted against the HSDGC pursuant to the exercise by the MSDGC of its
rights or termination under the terms and conditions hereof, or in
connection with any other action taken by the MSBGC or any others
pursuant to this Agreement.
12. Completion of SERVICE AGREEMENT.The VILLAGE must conform to the terms
of this Agreanent 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. The fol'lowing special conditions will apply and will be
made oart of the sewer permit:
l. The proposed sanitary sewer service is allowed on a temporary basis
and the Service Agreement will expire in three years from the effective
date of the Agreement;
2- The VILLAGE will furnish a report to the Chief Engineer on the
activities that they will undertake to achieve the sewering of the
service area;
3. A status report on these activities to provide the alternate system
will be suMitted at six month periods to the Chief Engineer;
4. At the end of the three year period; or the completion of the
alternate system, whichever is sooner, the temporary sewer constructed
under the MSD sewer piermit will be perrnanently disconnected frorn the
accepting local sewer system by removal of approximately ten lineal
feet of sewer pipe and the plugqing of the service ivith concrete.
unti'l terminated by reason of annexation of the SERVICE AREA to the MSDGC,
or tennination in accordance with the terms and conditions hereof.
11. Indemnification.
. -8-
\-/ .v
IN I,,ITNESS WHERE0F, the VILLAGE 0F BUFFAL0 GR0VE and THE i'IETR0POLITAN
SANITARY DISTRICT 0F GREATER CHICAG0, the parties hereto, have each caused
these presents to be executed in tripl icate, by their duly authorized officers
to be duly attested and their seal 5 to be hereunto affixed.
ATTEST:THE METROPOLITAN SANITARY DISTRICT
OF GREATER CHICAGO
BY C
rman ,omm t on na ncet
ATTEST:VILLAGE OF BUFFALO GROVE
BY:t e:
O'r,i?n.&"!";U
9
AS TO ENGINEERING:
ng n ro
AS TO FOR}4 AND LEGALITY:
s s
APPROVED:
nera
AS TO ENGINEERING:
AS TO FORM AND LEGALITY:
APPROVED FOR THE METROPOLITAN SANITARY
DISTRICT OF GREATER CHICAGO
ewers Assistant Chief Engi neer
n9 ne r
-?4
tant orney
Jo
nten0er ent
APPROVED FOR THE VILLAGE OF BUFFALO GROVE
a9e ng n eer
rney
te
210
age ttorn