HomeMy WebLinkAboutRESOLUTION - 20-97 - 4/22/1997 - Arlington Hts, IGA emergency water interconnectRESOLUTION NO. 20-97
A RESOLUTION RESCINDING RESOLUTION NO. 58-96 AND AUTHORIZING
THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE
VILLAGE AND THE VILLAGE OF ARLINGTON HEIGHTS FOR AN EMERGENCY
WATER SYSTEM INTERCONNECTION
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 as follows:
Section 1: That the Village President be and is hereby authorized to
sign the attached documents marked:
INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF
ARLINGTON HEIGHTS AND THE VILLAGE OF ELK GROVE VILLAGE
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.
VOTE: AYES 6 NAYS 0 ABSENT 0
PASSED this 22nd day of April 1997.
APPROVED this 22nd day of April , 1997.
ATTEST:
Patricia S. Smith
Village Clerk
Dennis J. Gallitano
Village President
INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF
ARLINGTON HEIGHTS AND THE VILLAGE OF ELK GROVE VILLAGE
This Agreement is entered into by and between the Village of Arlington Heights, a
municipal corporation of the County of Cook, State of Illinois, ("Arlington
Heights"), and the Village of Elk Grove Village, a municipal corporation of the
Counties of Cook and DuPage, State of Illinois, ("Elk Grove").
WITNESSETH:
WHEREAS, Arlington Heights and Elk Grove agree that an emergency
water connection would enhance the health, safety and welfare of both
communities; and
WHEREAS, Arlington Heights 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, both communities concur that a water supply interconnection
between the communities would be beneficial as a supplemental source of
water during an emergency; 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, "SILCS22011 et seq.,
provides that any power or powers, privileges or authority exercised or
which may be exercised by a unit of local government of this State may be
exercised and enjoyed jointly with any other unit of local government,
NOW THEREFORE, in consideration of the mutual convenience
hereinafter set forth, it is agreed by and between the parties as follows:
SECTION ONE: Both parties in consideration for this respective agreement
agree as follows:
A. This will be a joint project with Arlington Heights and Elk Grove
sharing the engineering and construction costs equally. Any required
maintenance or repair of the emergency water supply system will be
jointly approved by the Director of Public Works of each Village.
The cost of maintenance and repair will also be shared equally by
both communities.
B. The connection will be made at the south end of Embers Lane and
Cedar Glen Drive from the existing eight inch water main loop in the
Lost Creek Subdivision in Arlington Heights and will cross under the
Toll Road and connect into the existing water main in Lee Street in
Elk Grove in basic conformance with Alternate Route C as described
in the Emergency Water Connection Supply Connection report dated
October 27,1995 prepared by Stanley Consultants.
C. Both the Northwest Water Commission and the Northwest Suburban
Municipal Joint Action Water Agency must approve the connection
before this agreement becomes effective.
D. With the emergency water supply connection, one community will, as
soon as practicable, 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 condition 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.
E. Actual use of the emergency water system connection will require
mutual consent by each community's Department of Public Works.
Neither community shall unreasonably withhold consent.
F. The receiving community shall reimburse the supplying community
for the amount of water transferred. No permanent meter shall be
installed to measure the amount of water transferred. However either
community may install a temporary meter and all costs for the
temporary meter shall be shared equally. 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
Arlington Heights, the Northwest Water Commission, and for Elk
Grove, the Northwest Suburban Municipal Joint Action Water
Agency). 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.
The water supply interconnection which includes the constructed
piping and associated appurtenances shall be jointly owned by each
community.
SECTION TWO: Any amendments to this Agreement must be in writing
and signed by both parties.
SECTION THREE: This Agreement will be binding upon and inure to the
benefit of any successor governmental entity which may assume and perform
the duties of either party without the prior written consent of the other party
to this 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 Arlington Heights and Village
of Elk Grove Village,
VILLAGE OF ARLINGTON HEIGHTS VILLAGE OF ELK GROVE VILLAGE
Dennis J. Gallitano
VillagiKPresfilent Village President
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ATTEST:
April 22, 1997
Date
i
Patricia S. Smith
Village Clerk Village Clerk
1 ( 1q April 22, 1997
Date Date