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R-1585 - 09/13/2016 - BOARD - Resolutions Supporting Documents ITEM 6.E.3) BOARD OF TRUSTEES MEETING W LLAGE OF SAMUEL E. DEAN BOARD ROOM B BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of September 13, 2016 SUBJECT: Approve Resolution R-1585, and Repeal Resolution R-1554 1 FROM: Doug Patchin, Public Works Director BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: Motion to Approve Resolution R-1585,A Resolution Repealing R-1554. Backp,round/History: On April 12, 2016, the Village Board adopted a Resolution approving and authorizing an Intergovernmental Agreement between the Village of, Oak Brook and Downers Grove Sanitary District for shut-off of water service due to sewer bill non-payment. The Sanitary District did not agree with the proposed IGA authorized by the Village Board and did not sign as drafted. The Village is willing to continue to discuss this matter with the Sanitary District, but the Resolution previously adopted should be repealed. Recommendation: Staff recommends the Village Board Approve Resolution R-1585. BOT AGENDA Page 1 Ole RESOLUTION 2016-WA-DGSD-IGA-R-1554 A RESOLUTION APPROVING AND AUTHORIZING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE AND DOWNERS GROVE SANITARY DISTRICT FOR THE SHUT OFF OF WATER SERVICE WHEREAS, the Village and Downers Grove Sanitary District ("DGSD") desire to enter into an intergovernmental agreement ("Agreement') for the Village to assist DGSD 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 President and Board of Trustees have determined that it is in the best interests of the Village to enter into this Agreement with DGSD. 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 Agreement 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 Agreement between the Village and DGSD after receipt of the final Agreement is fully executed by DGSD. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. APPROVED THIS 12th day of April, 20161 Gopal G. Lalmalani Village President PASSED THIS 12th day of April, 2016 Ayes: Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: None Absent: None ATTEST: i' Charlotte K. Pruss Village Clerk 1.. RESOLUTION 2016-WA-DGSD-IGA-REPEAL-R-1585 A RESOLUTION REPEALING RESOLUTION R-1554 WHEREAS, on April 12, 2016, the Corporate Authorities of the Village of Oak Brook adopted a Resolution Approving and Authorizing an Amendment to the Intergovernmental Agreement by and Between the Village and Downers Grove Sanitary District for the shut-off of water service (Resolution); and WHEREAS, that Resolution made a slight modification in a draft Resolution submitted by the Downers Grove Sanitary District; and WHEREAS, the Sanitary District did not agree with the proposed Amendment authorized by the Village Board; and WHEREAS, there is no current understanding between the Village and the Sanitary District regarding the issue of water service shut-off and instances where sewer service is not paid for to another governmental body; and WHEREAS, there is statutory language which deals with this issue; and WHEREAS, the Village is willing to continue to discuss such matters with the Sanitary District, but the Resolution previously adopted, should be repealed. 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: Repeal of Resolution. Resolution R-1554, a Resolution approving and authorizing an amendment to the Intergovernmental Agreement by and between the Village and Downers Grove Sanitary District for the shut-off of water service passed on the 12th day of April 2016 is hereby repealed. Section 3: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. APPROVED THIS 13th day of September, 2016 Gopal G. Lalmalani Village President PASSED THIS 13th day of September, 2016 Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk