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HomeMy WebLinkAboutRes 02-81 01/20/1981 r~, RESOLUTION NO. 2-81 A RESOLUTION AUTHORIZING A SETTLEMENT IN CASE NO. 78CH 5555 (MSD) WHEREAS, the Metropolitan Sanitary District of Greater Chicago (hereafter "the District.") has filed in the Circuit Court of Cook County an action entitled Metropolitan Sani- tary District of Greater Chicago v. Village of Mount Prospect, Cause No. 78 CH 5555, to recover a sum of money alleged to have been withheld by the Village in breach of an express written agreement; and WHEREAS, the Village of Mount Prospect in the aforesaid action has filed a counterclaim alleging that funds in the possession of the District collected and held pursuant to a bond ordinance adopted by the District on April 2, 1958, have been unlawfully diverted contrary to the express terms of the bond ordinance and the stqtutes of the State of Illinois pursuant to which the said ordinance was adopted; and WHEREAS, the duly authorized officials of the Village and the District have conducted discussions looking toward a compro- mise of the matters at issue between the Village and the Dis- trict and have negotiated terms of agreement for submission to and consideration and approval by the corporate authorities of the District and the Village; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have been advised that the Board of Trustees of the District did, on January 8, 1981, approve a compromise and settlement of the aforesaid litigation and other matters in dispute between the District and the Village on the terms hereinafter set out; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the proposed terms of compro- mise, hereinafter set out, and have determined that compromise of the matters at issue in the litigation, and other matters of dispute between the District and the Village, hereafter described, would be in the best interests of the residents of the Village of Mount Prospect and, therefore, the President and Board of Trustees desire to approve the same and authorize the preparation of such documentation as may be necessary to effectuate such compromise. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: The President and Board of Trustees find as facts the matters hereinabove set forth. SECTION TWO: The President and Board of Trustees do by this resolution approve the compromise and settlement of the matters at issue in Metro olitan Sanitar District of Greater Chica 0 Village of Mount Prospect, Cause No. 78 CH 5555, pending on appeal in the Illinois Appellate Court for the First District as Docket No. 80-0667, and other outstanding differences and disputes between the District and the Village on the follow- ing terms and conditions: 1) The Village of Mount Prospect will pay to the District the sum of $192,500.87 claimed by the District to be due to it and held by the Village in escrow pursuant to order of the Circuit Court of Cook County together with the interest accrued thereon. r1 " - 2 - 2) The District will reimburse the Village for the cost and expense of maintenance of the District's sanitary sewer system in Mount Prospect in the amount of $74,665.45. 3) The District will call all of the out- standing revenue bonds issued for the construction of the District's local sanitary sewer system in Mount Prospect on the next date that such bonds are callable and will retire such bonds, and pay the interest that may then be due thereon from funds held by the District in the Sewer Revenue Fund (Mount Prospect Area). 4) The District will convey its local sanitary sewer system in Mount Prospect to the Village for the sum of $1.00 by a good and sufficient bill of sale and will execute such other documents as may be necessary to effectuate the con- veyance. 5} The District will pay over to the Village any surplus remaining in the Sewer Revenue Fund (Mount Prospect Area) after the pay- ment of outstanding bonds and the interest thereon and the deduction of such costs and expenses as the responsible officials of the District and the Village may agree reasonably should be deducted, provided that in no event shall the amount of such surplus paid to the Village be less than $350,000. 6) From and after the conveyance of the said local sewér system the Village will be responsible for the operation, maintenance, repair and rehabilitation of the said sewer system. . 7) The Village understands that the District acknowledges that the said local sewer system does not presently comply with the regula- tions of the Environmental Protection Agency and the District itself with respect to inflow and infiltration and that the District will allow the Village a reasonable time to bring the said system into compliance with such regulations. 8} The retirement of the outstanding bonds, the payment of the surplus remaining, and the conveyance of the local sanitary sewer system to the Village will take place on or before April 1,1981. n - 3 - SECTION THREE: The Mayor, Village Engineer, and the General Counsel to the Village be and they are hereby authorized and directed to prepare and execute such documents as may be necessary to effectuate settlement of the aforesaid litigation on the terms hereinabove set forth and the General Counsel of the Village be and he is hereby authorized and directed to enter into such stipulations and consent to the entry of such orders as may be necessary to postpone the briefing schedule and further hearings in the above-entitled cause pending implementation of the above terms of settlement. SECTION FOUR: This resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED THIS 20th DAY OF January ,1981. AYES: Farley, Floros, Miller, Murauskis, Richardson, Krause NAYS: None ABSENT: Wattenberg APPROVED THIS 20th DAY OF January ,1981. ~ ~/l.K. Ca~.<'. . . ta...<.~ Villag ípresident ATTEST: k~~~ Village Clerk -