R2022-92 Resolution Authorizing an Intergovernmental Agreement between the City of Decatur and the Decatur Park District Regarding Easements and Storm Water Utility Fees

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INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF DECATUR AND THE DECATUR PARK DISTRICT THIS AGREEMENT made and entered into by and between the City of Decatur,an Illinois municipal corporation "City'),and the Decatur Park District,an Illinois unit of local government District on the da of � h e, 2022. The i ( ), �. y U parties mutually desire to eater into this Agreement and further stipulate and agree as follows: WHEREAS, City and District are both public agencies as defined under the Intergovernmental Cooperation Act (5 ILCS 220/1 et. seq.), and are therefore authorized and empowered to enter into intergovernmental agreements whereby they may exercise, combine, transfer and enjoy jointly any powers,privileges,functions,or authority;and WHEREAS, City and District have each determined that it is in the public interest and general welfare to address issues regarding the orderly management of stormwater and water resources; WHEREAS, no ordinances or laws prohibit this Intergovernmental Agreement, or the transaction described herein; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein,the adequacy and sufficiency of which are hereby acknowledged,the parties mutually agree as follows: 1. R.eduA0Q of District Stormwater Utility Fees: City shall decrease the District's stormwater utility fees as described below. Adjustments to this annual credit will be made as a result of increases in fees assessed by the City to all customers by ordinance, or changes to other credit provisions of the Decatur Storm Water Ordinances. a. Ibc Decatur Airnort p gay as a car lk transp2rt Won faWity will receive a mQWWI credit reduction of 5650 or VAN ann,u�s11y. b. Monthly Storm Water Utility credits totaling $200, or $2,400 annually, will be provided for other non-exempted Park District properties unless development changes to these properties no longer support the assigned credits, c. The District will provide the City with an annual plan for conducting public education programs.Upon approval by the City and the execution of the approved programs, the District will receive an annual Storm Water Utility credit up to a maximum of$5,250, 2. Upon receiving an invoice from the District,the City will remit an annual payment of $2,500 to provide storm water, sanitary sewer, water and other City utility easements in accordance with Section 4 of this Agreement. The District will adjust this annual invoice by the same percentage as changes are made to the aggregated fees in items la-- 1 c of this Agreement. 3. Payment of Outstanding Stomnwater Utility Fees: District shall pay City Ten Thousand Dollars($10,000.00)as and for full payment of outstanding stormwater utility fees due Page 1 of 3 May 25,2022