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HomeMy WebLinkAboutRESOLUTION - 54-85 - 7/9/1985 - EMERGENCY WATER SERVICE AGRMNT RESOLUTION NO. 54-85 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO SIGN AN EMERGENCY WATER SERVICE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND VILLAGE OF BENSENVILLE NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1 : That the Village President be and is hereby authorized to sign the attached documents marked: Emergency Water Service Agreement 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 Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 9th day of July 1985, APPROVED this 9th day of July 1985, Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk EMERGENCY WATER SERVICE AGREnEM/ EN T On the day of , 19 the parties to this Agreement, the 011age of Bensenville and the Village of Elk Grove Village, in order to provide for emergency water service, do hereby agree as follows: 1. A section of watermain will be installed, inter- connecting the water distribution systems of the Village of Bensenville and the Village of Elk Grove Village, at a point in Eastern Street, approximately 950 feet east of Ellis Avenue as shown on Exhibit A to this Agreement. The flow of water through said interconnection is controlled by one valve which will be installed as part of the Devon-Ellis Resubdivision and taken over by the Village of Bensenville. The cost of repairs or replacement of the interconnect 12" valve shall be divided equally between the parties. 2. The water available through the interconnection valve may be used by either party only in the event of an emergency, such as broken watermain, tornado, fire or other calamity beyond the control of the parties. The parties agree to notify the other municipality' s Public Works Director (or Fire Department if after regular working hours) of the emergency and need to use the emergency interconnection prior to the opening of the valve for such use. The interconnection shall be closed immediately upon the end of the emergency, or at the end of seven days of usage, whichever first occurs. Neither party shall charge for water used by the other during an emergency of seven days or less. 3. Should conditions beyond the reasonable control of the receiving municipality require sue of water through the interconnect for more than seven days, the supplying municipality agrees to negotiate the terms and circumstances of supplying water until the emergency is past. 4 . This Agreement is for an indefinite term and may be terminated by either Village on a 90-day written notice by either party. Such notice is to be delivered by messenger to the Office of the Village Clerk. 5. Neither party warrants the quality and fitness of water to be provided by the emergency interconnect and each party shall be responsible to its customers for any alleged defects or damages arising from the use of the water. VILLAGE OF BENSENVILLE VILLAGE OF ELK GROVE VILLAGE (�� C' GRarles J. Zettek VIlage President ViLl4ge President al Patricia S. Smith Village Clerk Village Clerk 143 Z8 S July 9. 1955 to U Date