HomeMy WebLinkAboutRESOLUTION - 2-01 - 1/23/2001 - Roselle, IGA emergency water interconnectRESOLUTION NO. 2-01
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE
OF ELK GROVE VILLAGE AND THE VILLAGE OF ROSELLE PERTAINING
TO AN EMERGENCY WATER SYSTEM INTERCONNECT
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook
and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to
sign the attached document marked:
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
VILLAGE OF ELK GROVE VILLAGE
AND THE VILLAGE OF ROSELLE
a copy of which is attached hereto and made a part hereof as if
fully set forth and the Village Clerk is authorized to attest
said documents upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and
effect from and after its passage and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 23rd day of January , 2001.
APPROVED this 23rd day of January , 2001.
Craig B. Johnson
Mayor
ATTEST:
Ann I. Walsh
Village Clerk
ResIntergovagmtRoselle.doc
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND THE VILLAGE OF ROSELLE
This Agreement is entered into by and between the Village of Elk Grove Village, a
municipal corporation of the Counties of Cook and DuPage in the State of Illinois,
(hereinafter "Elk Grove") and the Village of Roselle a municipal corporation of the
Counties of Cook and DuPage, in the State of Illinois (hereinafter "Roselle") on the
27th day of November, 2000.
WHEREAS, Roselle and Elk Grove, (hereinafter the "Communities") agree that
an emergency water connection will enhance the health, safety and welfare of
both Communities; and
WHEREAS, Roselle and Elk Grove are supplied with Lake Michigan water from
independent water supply systems; and
WHEREAS, it is unlikely that both water supply systems would be out of service
concurrently; and
WHEREAS, the Communities concur that a water supply interconnection
between the Communities would be beneficial as a supplemental source of
water during an emergency with Elk Grove receiving a greater benefit and
Roselle a minimal benefit due to the operating characteristics of each system;
and
WHEREAS, Section 10 of Article 7 of the 1970 Illinois Constitution authorizes
units of local government to contract or otherwise associate among themselves
in any manner not prohibited by law or ordinance; and
WHEREAS, the Intergovernmental Cooperation Act, "51LCS220/1 et seq.:
provides that any power or powers, privileges or authority exercised or which
may be exercised by a unit of government of this State may be exercised and
enjoyed jointly with any other unit of local government.
NOW, THEREFORE, in consideration of the promises, covenants, and mutual
convenience hereinafter set forth, it is agreed by and between the parties as
follows:
SECTION ONE:
A. Elk Grove will design and construct the water system
interconnection. Design plans shall be approved by the Roselle
Village Engineer prior to construction.
B. Elk Grove will pay 100% of the cost of design and construction of
the interconnection. The costs shall include complete restoration of
any private or public property disturbed by the construction.
C. Elk Grove will maintain and repair the interconnection at its sole
expense.
D. The interconnection will be located on Nerge Road, and its
operation shall be controlled by the Village of Roselle.
E. Both the DuPage Water Commission and the Northwest Suburban
Municipal Joint Action Water Agency will be asked by the
Communities to approve the interconnection.
F. Through the emergency water supply interconnection, one
community will, as soon as practical, supply the other community
with a limited temporary water supply should one community's
water supply be unavailable. The community experiencing an
emergency shall proceed diligently to resolve the emergency
conditions so as to limit, to the greatest extent feasible, the need
for use of the emergency water supply connection. The emergency
water supply connection shall not be used to provide a regular
water supply during non -emergency periods.
G. Actual use of the emergency water system connection will require
mutual consent by the Director of Public Works of each community,
or their designates. Neither Community shall unreasonably
withhold consent.
H. The receiving community shall reimburse the supply community for
the amount of water transferred. The unit price of water will be the
actual unit price the supplying community was charged by the
respective commission or agency for the emergency period (for
Roselle, the DuPage Water Commission, and for Elk Grove, the
Northwest Suburban Municipal Joint Action Water Agency) plus
10% administrative cost. The quantity of water transferred shall be
as metered or agreed upon by the Director of Public Works of each
community as a reasonable estimate for reimbursement.
Each community reserves the right to terminate use of the
interconnection for the protection of its respective water supply.
SECTION TWO: To be effective any amendments to the Agreement must be in
writing and signed by both parties. This Agreement may be terminated by either
party upon 90 days written notice to the other party.
SECTION THREE: This Agreement will be binding upon and inure to the benefit
of any successor government entity, which may assume and perform the duties
of either party without the prior written consent of the other party to tFiis
Agreement.
SECTION FOUR: The invalidity of any provision of this Agreement will not impair
the validity of any other provision. If any provision of this Agreement is
determined by a court of competent jurisdiction to be unenforceable, that
provision will be deemed severable and the Agreement may be enforced with the
provision severed or modified by the court.
SECTION FIVE: This Agreement will be interpreted and construed in
accordance with the laws of the State of Illinois.
IN WITNESS WHEREOF: The parties hereto have affixed their hands and seals
pursuant to the resolution of the corporate authorities of the Village of Roselle and
Village of Elk Grove Village.
VILLAGE OF ELK GROVE VILLAGE
Craig B. Johnson
Village President
January 23, 2001
Date
ATTEST:
Ann I. Walsh
Village Clerk
January 23. 2001
Date
VILLAGE OF ROSELLE
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