2002-420 - � I -� 0
RESOLUTION NO. 2002- 42
A RESOLUTION APPROVING AN AMENDMENT
TO THE ST. MARY'S SANITARY SEWER SERVICE
AGREEMENT
WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove
desire to amend the existing Agreement dated June 17, 1974.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Buffalo Grove, Lake and Cook Counties, Illinois, that the President and
Clerk be, and they are hereby authorized and directed to execute the "Amendment to the
Agreement Between the Metropolitan Water Reclamation District of Greater Chicago,
the Village of Buffalo Grove and the Catholic Bishop of Chicago, Dated June 17, 1974 ".
A copy of said agreement is attached thereto and made a part thereof.
AYES: 6 - Braiman, Glover,Berman, Johnson, Kahn, Trilling
NAYES: 0 - None
ABSENT: 0 - None
PASSED:
November
18
, 2002
APPROVED:
November
18
, 2002
APPROVED:
Village President
ATTEST:
Village Jerk
GAENGINEEM Ord & ReMes02 -5.doe
Metropolitan Water Reclamation District of Greater Chicago
100 EAST ERIE STREET CHICAGO, ILLINOIS 60611 -3154 312.751.5600
Joseph T. Zurad, P.E.
Chief Engineer
312.751.7905 FAX 312 •751.5681
Mr. William Balling
Village Manager
50 Raupp Boulevard
Buffalo Grove, IL 60089
Dear Mr. Balling:
December 26, 2002
BOARD OF COMMISSIONERS
Terrence J. O'Brien
President
Kathleen Therese Meany
Vice President
Gloria Alitto Majewski
Chairman Of Finance
James C. Harris
Barbara J. McGowan
Martin A. Sandoval
Cynthia M. Santos
Patricia Young
Harry "Bus" Yourell
SUBJECT: Amendment to the Service Agreement between the Metropolitan
Water Reclamation District, the Village of Buffalo Grove and the
Catholic Bishop of Chicago
Attached herewith is one original executed copy of the amendment to the
Service Agreement between the District, the Village of Buffalo Grove and the
Catholic Bishop of Chicago for your records.
Very truly yours,
Joseph T. Zurad, P.E.
Chief Engineer
RS /ci
Enclosure
AMENDMENT TO THE AGREEMENT BETWEEN THE
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO,
THE VILLAGE OF BUFFALO GROVE AND THE CATHOLIC BISHOP OF CHICAGO
DATED JUNE 17, 1974
THIS AGREEMENT, made and entered into this 3rd day of
October A.D., 2002, at Chicago, Illinois by and between the VILLAGE OF
BUFFALO GROVE, a municipal corporation, organized and existing under the laws
of the State of Illinois, hereinafter designated "VILLAGE ", METROPOLITAN
WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a municipal
corporation, organized and existing under the laws of the State of Illinois hereinafter
designated `DISTRICT" and The CATHOLIC BISHOP OF CHICAGO, a corporation
sole, hereinafter designated `BISHOP
WITNESSETH THAT
WHEREAS, the DISTRICT, the VILLAGE and the BISHOP have heretofore
entered into an agreement dated June 17, 1974 to provide sewage transport and
disposal service to an area outside the corporate limits of the DISTRICT pursuant to
statute made and provided ( "Service Agreement "); and
WHEREAS, the intent of the agreement was to provide service to a facility
owned by the BISHOP known as St. Mary's Catholic Church in that part of the
Village of Buffalo Grove, Illinois which is outside Cook County; and
WHEREAS, the VILLAGE now advises the DISTRICT, that it wishes to
include in the service area contemplated by the Service Agreement, adjacent
additional area, located at the northwest corner of Lake-Cook Road and Buffalo
Grove Road which is included in the site of St. Mary's Catholic Church in Buffalo
Grove, Illinois which is outside Cook County and which is legally described and
depicted in the Plat of Additional Service Agreement Area attached hereto as
Appendix "Y, and
WHEREAS, the VILLAGE has requested that the Service Agreement be
amended to increase the size of the Service Area set forth therein to a total area of
approximately 4.45 acres which area is legally described and depicted in Appendix
"C" attached hereto.
NOW THEREFORE, in consideration of the promises, mutual covenants and
agreements herein contained, the parties hereto agree as follows
1. That the Service Agreement dated June 17, 1974 between the VILLAGE, the
DISTRICT, and the BISHOP for sewer service to approximately 3.9 acres of land in
the VILLAGE and located in Lake County is incorporated by reference herein and
made a part thereof, as though set forth in full.
2. Appendix "A" to the SERVICE AGREEMENT, being a legal description of
the original SERVICE AREA is hereby stricken and deleted from the Service
Agreement and is declared null and void and without further force and effect.
3. Section 1 of the SERVICE AGREEMENT is hereby stricken in its entirety
and substituted therefore is the following
"1. The DISTRICT hereby gives and grants to the VILLAGE and
BISHOP, as permittee and co- permittee respectively, the privilege to discharge
into the intercepting sewer of the DISTRICT, through the local sewer system of the
VILLAGE, that sanitary sewage or waste water originating on a parcel of land_
located north of Lake-Cook Road, west of Buffalo Grove Road, north of Buffalo
Creek and east of Raupp Boulevard located in that part of the VILLAGE located in
Lake County, Illinois, hereinafter for convenience sometimes called the "PARCEL",
2
s
or the SERVICE AREA, which contains approximately 4.45 acres, the legal
description of which is attached hereto as Appendix "C" and made a part hereof.
The SERVICE AGREEMENT is hereby amended by adding a new Section 9
thereto, which provides as follows
"9. A one-time, non-refundable Extraterritorial Impact Fee computed at the rate of
$7,500.00 per acre for a total of $4,200.00 for the Additional Service Agreement
Area, identified in Appendix B attached hereto, will be paid by the VILLAGE to
the DISTRICT under this amended Agreement. Twenty five percent (25 %) of the
Extraterritorial Impact Fee in the amount of $1.050.00 shall be paid upon
submittal of this amendment Agreement executed by the VILLAGE to the
DISTRICT and prior to the executing of this amendment by the DISTRICT. The
balance shall be paid within the first to occur of 1 year from the date of this
Agreement or connection or discharge to DISTRICT facilities, from the Additional
Service Area identified in said Appendix B."
5. Except as modified herein, all other terms and conditions of the SERVICE
AGREEMENT of June 17, 1974 as heretofore executed shall remain in full force and
effect.
3
0 . t •
IN WITNESS WHEREOF, the VILLAGE OF BUFFALO GROVE, the
DISTRICT and the BISHOP have each caused these presents to be executed in
triplicate by their duly authorized officers to be duly attested and their corporate
seals to be hereto affixed all on the day and year first above written.
ATTEST: THE VILLAGE OF BUFFALO GROVE
Clerk President
ATTEST: THE CATHOLIC BISHO OF CHICAGO
BY —
Clerk icar General
ATTEST: THE METROPOLITAN WATER
RECLAMATION DISTRICT OF
GRE R CHICAGO
lerk Chair n, Committee of Fina cIhe
Bo d of Commissioners
4 -
APPROVED FOR THE METROPOLITAN WATER RECLAMATION DISTRICT OF
GREATER CHICAGO
AS TO ENGINEERING
Engineer of Local Sewers A&Ilant Chief En ' eer
Chief Engineer
AS TO FORM AND LEGALITY -
l .6
Head Assistant Attorney Attorney
APPROVED
60ne�r�al Superintendent
APPROVED FOR THE VILLAGE OF BUFFALO GROVE
AS TO ENGINEERING
Village Engineer
AS TO FORM ALITY
Village Attorney
Attachments ,
Appendix B
Appendix C
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