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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 Z-)q-q°I ATTEST: April 22, 1997 Date i Patricia S. Smith Village Clerk Village Clerk 1 ( 1q April 22, 1997 Date Date