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File #: 17-0771    Version: 1
Type: Agenda Item Status: Adopted
File created: 7/20/2017 In control: Engineering Committee
On agenda: 8/3/2017 Final action: 8/3/2017
Title: Authority to amend extraterritorial service agreement with the City of Chicago to add an additional 98.70 acres of land located in DuPage County at O’Hare International Airport, outside the territorial limits of the Metropolitan Water Reclamation District of Greater Chicago
Attachments: 1. Final Amendment to BOC.PDF

TRANSMITTAL LETTER FOR BOARD MEETING OF AUGUST 3, 2017

 

COMMITTEE ON ENGINEERING

 

Mr. David St. Pierre, Executive Director

 

Title

Authority to amend extraterritorial service agreement with the City of Chicago to add an additional 98.70 acres of land located in DuPage County at O’Hare International Airport, outside the territorial limits of the Metropolitan Water Reclamation District of Greater Chicago

Body

 

Dear Sir:

 

On November 19, 2008, the District entered into an extraterritorial service agreement with the City of Chicago (City) for treatment of sanitary sewage, industrial wastes, and contaminated stormwater originating on 994 acres of land located in DuPage County at O’Hare International Airport, outside the District’s territorial limits.  Development of this acreage was part of the modernization and expansion of the airport pursuant to the O’Hare Modernization Act (620 ILCS 65/1 et seq.).  This includes two detention basins, referred to as the North Airfield Detention Basin (NADB) and the South Airfield Detention Basin (SADB), which discharge stormwater runoff contaminated by deicing chemicals.  Under the District’s Enabling Act, the District is authorized to enter into agreements with any municipality whose boundaries are located partly, but not entirely, outside the District’s corporate boundaries to perform collection and treatment services for any sewage and industrial wastes originating on and discharging from those outside areas, provided those areas are located within the boundaries of the District’s current Facility Planning Area (FPA).

 

On October 2, 2014, the parties entered into an agreement entitled “Amendment to Extraterritorial Service Agreement between the City of Chicago and the Metropolitan Water Reclamation District of Greater Chicago for the O’Hare Modernization Program within DuPage County” (First Amendment).  The First Amendment revised the development deadline, authorized discharges from the SADB from May through October, authorized groundwater discharge from the NADB, included a fee for pumping from TARP, outlined the District’s right to access the airport, required additional documentation be submitted with the annual service charges, and included USEPA pretreatment requirements.  The First Amendment did not change the service area of the Agreement.

 

The City is currently proposing plans to construct new facilities at O’Hare International Airport, which will be partially outside of the Agreement service area.  The proposed amendment, in substantially the same form as the attached, entitled “Second Amendment to Extraterritorial Service Agreement between the City of Chicago and the Metropolitan Water Reclamation District of Greater Chicago for the O’Hare Modernization Program within DuPage County” (Second Amendment) seeks to increase the overall service area by 98.70 acres.  The revised boundary is located entirely within the District’s current FPA.  Since the service area is increasing, the Second Amendment includes Extraterritorial Connection Impact Fees (ECIF) in the amount of $7,500 per acre.  Pending execution of the Second Amendment, the total ECIF of $740,250 is due on or before December 31, 2017.

 

It is requested that the Executive Director recommend to the Board of Commissioners that it authorize the District to enter into the proposed amendment to extraterritorial service agreement with the City of Chicago pertaining to an additional 98.70 acres of land located in DuPage County at O’Hare International Airport, outside the territorial limits of the Metropolitan Water Reclamation District of Greater Chicago.

 

It is also requested that the Executive Director, Chairman of the Committee on Finance, and Clerk be authorized and directed to execute the proposed amendment on behalf of the District after it is approved by the Director of Engineering as to technical matters and by the General Counsel as to form and legality.

 

Requested, Marcella V. Landis, Acting Director of Engineering, WSS:JK

Recommended, David St. Pierre, Executive Director

Respectfully Submitted, Frank Avila, Chairman Committee on Engineering

Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for August 3, 2017

 

Attachment