R-1527 - 01/26/2016 - IGA AGREEMENT - Resolutions RESOLUTION 2016-WA-FCWRD-IGA-R-1527
A RESOLUTION APPROVING AND AUTHORIZING AN AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE AND FLAGG CREEK
WATER RECLAMATION DISTRICT FOR THE SHUT OFF OF WATER SERVICE
WHEREAS, on December 20, 2007, the Village and Flagg Creek Water Reclamation District
("Flagg Creek'j entered into an intergovernmental agreement ("Agreement'l for the Village to assist
Flagg Creek to shut off water to customers that fail to pay for sewer services in exchange for the
reimbursement of the Village's costs; and
WHEREAS, the Flagg Creek and the Village desire to amend the Agreement to: (i) extend the
term of the Agreement for one year, which term shall automatically extend unless terminated by either
party; (ii) extend the time a resident has to pay a delinquent water bill before the Village shuts off the
water; and (iii) increase the amounts that Flagg Creek must reimburse the Village for the Village's
assistance; and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to amend the Agreement pursuant to the Amendment attached hereto as Exhibit A
("Amendment'j;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of Amendment. The President and Board of Trustees hereby approve
the Amendment in substantially the same form as attached as Exhibit A, and in a final form approved by
the Village Attorney.
Section 3: Authorization and Execution of Amendment. The Village Manager and Village
Clerk shall be, and hereby are, authorized to execute the Amendment between the Village and Flagg
Creek after receipt of the final Amendment fully executed by Flagg Creek.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2016-WA-FCWRD-IGA-R-1527
Authorizing Flagg Creek Water Shut Off Agmt.
Page 2 of 3
APPROVED THIS 26th day of January, 2016
Gopal G. Lal l
Village President
PASSED THIS 26th day of January, 2016
Ayes: Trustees Adler, Baar, Manzo, Tiesenga, Yusuf
Nays: None
Absent: Trustee Moy
ATTEST:
-}
Charlotte K. Pruss
Village Clerk
a
Resolution 2016-WA-FCWRD-IGA-R-1527
Authorizing Flagg Creek Water Shut Off Agmt.
Page 3 of 3
EXHIBIT A
FIRST AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
VILLAGE OF OAK BROOK AND THE FLAGG CREEK WATER
RECLAMATION DISTRICT FOR THE SHUT OFF OF WATER SERVICE
THIS FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
BETWEEN THE VILLAGE OF OAK BROOK AND THE FLAGG CREEK WATER
RECLAMATION DISTRICT FOR THE SHUT OFF OF WATER SERVICE
("Amendment") is made as of this 44n day of JANUARY , 2016, by and between THE
FLAGG CREEK WATER RECLAMATION DISTRICT ("District"), and the VILLAGE
OF OAK BROOK,ILLINOIS ("Village").
RECITALS
WHEREAS, the District and the Village entered into a certain Intergovernmental
Agreement Between the Village of Oak Brook and the Flagg Creek Water Reclamation District
for the Shut Off of Water Service dated December 20, 2007 ("Agreement"), pursuant to which,
the Village agreed to assist the District by shutting of water to customer of the District that fail to
pay for sewer services in exchange for reimbursement of the Village's costs for shutting off the
water;
WHEREAS,the Parties now desire to extend the Agreement pursuant to the terms of this
Amendment; and
WHEREAS, the Parties also desire to alter: (i) the time periods of non-payment that
result in the shut off of water; and (ii) the fees the Village may charge the District to be
consistent with the fees set in the "Village Code of the Village of Oak Brook, Illinois," as
amended;
NOW THEREFORE, in consideration of the recitals set forth above and other good and
valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged,
the Parties hereto agree as follows:
1. Construction. Capitalized terms used herein but not otherwise defined shall have
the meaning ascribed to such terms in the Agreement.
2. Extension of Term. The term of the Agreement is hereby extended for a period
of one year from the date of execution of this Amendment ("Extension Term"), which
Extension Term shall automatically be extended unless terminated pursuant to Section 3 of this
Amendment.
3. Termination. Either Party may terminate the Agreement at any time upon 15
days prior written notice to the other Party. In the event that this Agreement is so terminated, the
District shall pay any amounts owed to the Village no later than 30 days after termination.
4. Obligations of the District. The first sentence of Section 3.2 of the Agreement is
replaced in its entirety with the following:
"After delinquency for nonpayment of sewer service of 45 days or more, the
DISTRICT shall contact the VILLAGE to arrange for water shut off, typically to
be on approximately the 20th day of the following months: February, April, June,
August, October and December."
5. Reimbursement for Shut Off Water Service. Section 4.0 of the Agreement is
replaced in its entirety with the following:
"In addition to any other fees or compensation provided for in this Agreement to
be paid by the DISTRICT to the VILLAGE, the DISTRICT shall reimburse the
VILLAGE for those costs of the shut off and the resumption of water service by
paying the Village the rates set forth in the "Village Code of the Village of Oak
Brook, Illinois" as may be amended from time to time in the Village's sole
discretion. The Parties acknowledge and agree that on the execution date of this
Amendment, the charge is $50.00, if water service is resumed on a normal
business day between the hours of 7:00 a.m. and 3:30 p.m., and $85.00 if water
service is resumed at any time other than on a normal business day between the
hours of 7:00 a.m. and 3:30 p.m. The VILLAGE understands that Illinois
statutory law provides that it may be reimbursed for any lost water service
revenues resulting from the water shut off. The VILLAGE waives any and all
rights it may have to reimbursement for such lost water service revenues at this
time. However, upon fourteen (14) days prior written notice by the VILLAGE to
the DISTRICT, the VILLAGE may require the DISTRICT to reimburse it from
any lost water service revenues occurring after the date of the notice."
6. Inconsistencies. In the event of inconsistencies between the Agreement and this
Amendment,this Amendment shall control.
IN WITNESS WHEREOF, the District and the Village have respectively executed this
Amendment to be effective as of the date first above written.
ATTEST: VILLAGE OF OAK BROOK
By: By:
Its: Village Clerk- Its: Village Manager
ATTEST THE FLAGG CREEK WATER
RECLAMATION DISTRICT
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By: By:
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