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HomeMy WebLinkAboutRes 46-99 10/05/1999 WL/ 9/29/99 RESOLUTION NO. 46-99 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT TO THE ELK GROVE TOWNSHIP FIRE PROTECTION DISTRICT WHEREAS, the Corporate Authorities of the Village of Mount Prospect have entered into negotiations with the Elk Grove Township Fire Protection District in an effort to implement a contract for the sale of water by the Village of Mount Prospect to the Elk Grove Township Fire Protection District, said Contract attached hereto as Exhibit "A"; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect have determined that a contract for the sale of water will be of mutual benefit to both governmental bodies. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor is hereby authorized to sign and the Clerk is authorized to attest his signature on the attached Contract for the sale of water by the Village of Mount Prospect to the Elk Grove Township Fire Protection District, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That if any part of the attached Contract is found to be void and of no effect, that the remainder of the Contract shall remain effective on the terms as written. S_ ._ECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Lohrstorfer, Nocchi, Skowron, Wilks NAYS: ' Corcoran ABSENT: None PASSED and APPROVED this ~th day of October ,1999. ~Far(ey, Mayor/' / / Velrffa W. Lowe, Village Clerk H:\G ~ N~Ies\WIN\RES\Wet er ,EIkGroveTwnshpFireDisLdoc CONTRACT FOR SALE OF WATER BY' THE VILLAGE OF MOUNT PROSPECT TO THE ELK GROVE TOWNSHIP FIRE PROTECTION DISTRICT This Contract made and entered into this . y of . 1999, by and between the. Village of Mount Prospect ('the Village'), an IIlirtois municipal corporation and the Elk Grove Township. Fire Protection District ("the District?), an Illinois Special District. · WITNE$S E .'FH: WHEREAS, in order to p~'operly safeguard and promote the health, welfare and well-being of its constituenCy, the District desires to purchase water.from the Village for support of its station at 1415 E. Algonquin Road; and WHEREAS, the Village iSwilling to furnish water to the District and expects to have available water for the initial'ten .(10) year period of this Contract as well as the ten (10) year option period es set forth in Section t6; and WHEREAS, the Village and the District desire to enter into an agreement for the sale and purchase of water; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this contract, the Village agrees to furnish and sell, and the District agrees to receive, and pay for, water~ upon the following terms and conditions: 1. Quantity of Water. During the term of this Contract, the Village shall provide and make available to the District, for its use at a delivery point set forth in Paragraph 3, water in the volume required by the District for its 1415 E. Algonquin Road station. In the event that it becomes necessary for the Village to limit its delivery of water to its customers, the District shall be entitled to receive during such a period of sc, areity its pre rata Share Of water available as determined by the proportion which the volume of water used by the District during the last preceding twelve (12) month period bears to the volume of water USed by the 'other customers of the Village for the same period. In the event that it becomes necessary for the Village to limit the use of water by its water customers, by imposing iawn and sprinkling restrictions, or otherwise, the District shall, be subject to these same restrictions. Restrictions may be imposed by water pressure zones at the discretion of the Village. 2. Qua!ltv of Water. Wate? to be delivered to the District shall be of the same quality as that provided to customers within the corporate limits of the Village from the Village's system.' Water quality after it teaves the Village water main is the responsibility of the District. So long as the Village meets its responsibility pursuant to this paragraph, the District shall make no claims whatsoever against the Village for costs or damages caused by any failure to meet EPA or other regulatory agency water quality or composition standards. 3. Point of DeliverY. 'Tt3e point of delivery of water from the water supply of the Village to the District shall bathe Village's water main along Linneman Road (as extended) adjacent to the station at a P°ir~t'and in a manner approved by the Village. Any easements required for the connection must be secured by the District. 4. Cost of ImprOvements. The District shall be responsible for one hundred percent (100%) of any costs associated with the construction and installation of any piping or structure required to fulfill this Contra~t, including, but not limited to, all engineering and legal fees of either party. 5. Drawings and Pa.traits. The working engineering drawings for any piping or struoffure required 'to deliver water to the District shall be submitted to the Village for review, modification and aPProval. The District shall be responsible for obtaining such other governmental approvals or permits as are necessary, including but not limited to, Illinois EPA. 6, Notification and .Cost of Repair. The District sh~l! notify the Village immediately upon discovery of any break, defect, or other malfunction in such improvements and shall f°llow~up notification in writing within twenty-four (24) hours. In tlie event the Village shall detect such break, defect, or malfunction, it shall notify the District immediately upon discovery and shall follow up in writing within twenty-four (24) hours. The District shall'use its best efforts to repair such breaks, defects or malfunctions within twelve (12) hourS.after initial notification of such break, defe~t or malfunction and in any event shall make .necessary repairs as promptly as is practical. If the District notifies the Village that it cannot make the repair within twelve hours or fails to make tile repairs within twelve hours; the Village shall have the right to cause the repairs to be made at the sole expense 'of the District. The cost of any repair, including labor and materials to any improvements required On account of this Contract shall be borne by the District, whether performed by the Village or the District. 7. Olher. Cp .nn.e!~..tion~, No connection or extension to serve any property other than for the station at 1415 E. Algonquin Road shall be permitted. 3 8. Measurina Equipment. The District agrees to furnish, install and replace as may be necessarY, at :its own expense, at the point of delivery to the District the necessary meter pits, valves and meterS.. All such equipment shall ~ of a standard type approved by the Village and capable of reading rate and quantit~ with the capacity of accepting telemetering equipment to permit remote reading, for measuring the quantity of water delivered under this Contra~ Meters may be tested and calibrated annually by the Village at the expense of the DiStrict. The Distri~ shal. I be r}otified, in writing, of such calibration so that it may be done in the presence of a representative of the District and so that the parties may jointly observe any adjustments which are made to the meter or meters in case any adjustments shall be necessarY. Mai~enance and testing shall be performed by a contractor or representative from the Viilage and shall be paid for by the District. The connexion shall be equipped with a backflow preventer approved by the Village. 9. Meter Readin. a Recordation. For the purpose of this Contract, the original record or readings of the meter or meters shall be in the meter journal or other record book of the Village. Upon request by the District, the Village shall furnish the District with a copy of such records or permit the District to have access to them during reasonable business hours. · 10. Unit of' Measure.re.ant. The unit of measurement for determining compensation for water delivered shall be in thousartds of gallons and all measuring devices shall be so calibrated. 4 11. Price and Termsl The District shalt pay the Village the non-residential water rate as set forth in Section 22.504.2 of the Mount Prospect Village Code as it may from time to time be amended. ' 12. Bil!in~l. The Viltage shall bill the Distr'~ monthly for all water furnished under this Contract and payments shall be due and payable by the District to the Village within thirty (30) days from the date of billing. 13. Commencerqent £iabilitv for payments; Liability for making payments as above set forth shall commence on the date of the first tender of delivery of water by the District. 14. No Liability~ The Village shall not be liable for damages for breach of c°ntract or otherwise for failure, suspension, diminution or other variation of service. 15. Term.of.Contract..This Contract shall continue in full force and effect for a period of ten (10) years. The District shall have the option to extend this Contract for an additional ten (10) year' period. The Contract may be renewed for any additional term · permitted by law upon such ten~ns and .conditions and rate adjustments, if any, wl~ich may be then agreed by and between the District and the Village. 16. Modification. This Contract may be amended onty in writing and with the consent of the .governing. bodies of both the Village and the District. 17. H_old Harmless. The District, for itself, its officers, agents and employees agrees to hold and save the VilJage, its officers, agents and employees harmless from any and all claims, damages, suits; causes of action and the like which may arise by virtue of this Contract_ 18. Notices. All notices of communication shall be in writing and shall be either delivered to the V!llage or the District; or, if mailed, shall be sent by registered mail, postage prepaid, to the office of the Clerk of the Village or the Chief of the Elk Grove Township Fire Protection District. 19. Severability.'. In the event that any part, term or provision or paragraph of this Contract shall be found to be illegal or in conflict with any law by any court of proper jurisdictiOn, the validity of the remaining portions or provisions of this Contract shall not be affected, IN WITNESS WHEREOF, the parties acting under the authority granted by their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which Shall constitute an original, all as of the date and year first above written. Village of Mo~nt Prospect, ATTE,~T: filla~te Pre. ent / 'Village Clerk ELK GROVE TOWNSHIP FIRE PRoTEcTION DIST~_I:~CT, a Special District President oft Distri