R2012-181 AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT

Home Browse Search

K DECATUR, ILLINOIS' AGREEMENT TO BECOME AN ADDITIONAL MEMBER OF INTERGOVERNMENTAL COALITION OPPOSING THE CLINTON LANDFILL PERMIT APPLICATION TO ACCEPT POLYCHLORINATED BIPHENYLS WHEREAS, the City Council of the City of Decatur, Illinois, at its regular meeting on October 15, 2012, approved a resolution to participate as a Fully Participating Member of an intergovernmental group, hereinafter referred to as the "Intergovernmental Coalition"that has agreed to share costs incurred for professional contractual services retained to assist the Members in challenging any U.S. EPA approval of a pending application by Clinton Landfill, Inc. for permission to accept PCBs at its Landfill#3 site near Clinton, Illinois; and WHEREAS, said participation as a Fully Participating Member requires that the City of Decatur, Illinois agree to all of the terms and conditions of the current Intergovernmental Agreement that outlines the Members' responsibilities and rights, a copy of which is attached hereto as Attachment A, and incorporated by reference herein as the "Intergovernmental Agreement;" and WHEREAS, the City of Bloomington, Illinois, Piatt County, Illinois and the Mahomet Valley Water Authority have previously agreed to participate as a Fully Participating Members of the aforesaid intergovernmental group in accordance with the terms and conditions of the current Intergovernmental Agreement. NOW THEREFORE, in consideration of the forgoing recitals and those recitals contained in the Intergovernmental Agreement, Decatur, Illinois hereby agrees to the following: 1. To become a Fully Participating Member of and party to the Intergovernmental Agreement, and thereby agree to all of the terms and conditions of the Intergovernmental Agreement, subject to the adjustment of the cost share formula set forth in Section 6 of the Intergovernmental Agreement to include the populations, according to the 2010 U.S. Census, of the City of Bloomington, Illinois, of Piatt County and DeWitt County in Illinois, and Decatur, Illinois, according to the table on Attachment B, attached hereto and incorporated by reference herein. 2. To pay its share, based upon the revised formula set forth in Exhibit B, of the costs of attorneys fees for phase one of legal work performed by attorneys Albert Ettinger and David Wentworth pursuant to the terms and conditions of their initial contract with the City of Champaign, Illinois, a copy of which is attached hereto and incorporated by reference herein as Attachment C, and the terms and conditions of the contract for future phases of their legal work, attached hereto and incorporated by reference herein as Attachment D.