Loading...
HomeMy WebLinkAboutRes 30-94 08/02/1994 RESOLUTION NO. 30-94 A RESOLUTION Au'z'uORIZING THE VILLAGE PRESIDEI4T AND VILLagE CLERK TO EXECUTE COXr~ACT FOR SALE OF WATER BY.THE VILLAGE OF MOUNT PROSPECT TO THE CITY OF PROSPECT HEIGHTS · WHEREAS, the Corporate Authorities of the City of Prospect Heights have entered into negotiations, with the Village of Mount Prospect in an effort to secure a contract for the sale of water by the Village of Mount Prospect to the City of Prospect Heights, said Contract being attached hereto as Exhibit #A"~ and WHEREAS, the Corporate Authorities of the City of Prospect Heights have determined that a Contract for the purchase of water is necessary and in the best interest of the governmental properties within the City of Prospect Heights. NOW, THEREFORE, BE IT RE~OLVED by the Mayor and Board of the City of Prospect Heights, Cook County, State of Illinois as follows: Section 1: That the Village President and the Village Clerk be and are hereby authorized to execute a Contract for the sale of water by the Village of Mount Prospect to the City of Prospect Heights, a copy of which is attached hereto and incorporated by this reference as Exhibit "A". Section 2= That if any part of this agreement is found to be void and of no effect, that the remainder of the agreement including the Contract $hall remain effective on. the terms as written. Section 3: That this agreement shall be in full force and effect from and after its passage, approval and publication according to law. APPROVED f Vi'llage Pres~ent . ATTEST: · PASSED this £nd day of Auqust , 1994 APPROVED this 2nd day of AUqU$t , 1994 PUBLISHED this 2nd day of Auaust , 1994 in. pamphlet form. RESOLUTION NO. R-94-48 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE coNTRAcT FOR SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT TO THE CITY OF PROSPECT HEIGHTS WHEREAS, the Corporate Authorities of the City of Prospect Heights have entered into negotiations with the Village of Mount Prospect in an effort to secure a contract for the sale of water by the Village of Mount Prospect to the City of Prospect Heights, said Contract being attached hereto as Exhibit "A"; and WHEREAS, the Corporate Authorities of the City of Prospect Heights have determined that a Contract for the purchase of water is necessary and in the best interest of the City of Prospect Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Prospect Heights, Cook County, State of Illinois as follows: Section 1. That the Mayor and the City Clerk be and are hereby authorized to execute a Contract for the sale of water by the Village of Mount Prospect to the City of Prospect Heights in substantially the form attached hereto and incorporated by this reference as Exhibit "A". Section 2. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED this 15 day of Auqust , 1994 APPROVED this 18 day of August ., 1994 MAYOR J ATTEST: C~TY ~:LER-K AYES: Fisher, Jendreas, Monaco, O'Donoghue, Shipanik, Shirley NAYS: none ABSENT: Suerth, Vole and Richartz CONTRACT FOR SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT TO THE CITY OF PROSPECT HEIGHTS This Contract made and entered into this 15thday of Aucjust , 1994 by and between the Village of Mount Prospect (hereinafter called "Mount Prospect"), an Illinois municipal corporation and the City of Prospect Heights (hereinafter called "Prospect Heights"), an Illinois municipal corporation. WITNESSETH: WHEREAS, in order to properly safeguard and promote the health, welfare and well-being of its governmental properties Prospect Heights desires to purchase water from Mount Prospect for distribution to its governmental properties along Camp McDonald Road; and WHEREAS, Mount Prospect is willing to furnish water to Prospect Heights, 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 as set forth in Section 20 hereof. ~,,,1-1EREAS, Mount Prospect and Prospect Heights desire to enter into an agreement for the sale of water. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, Mount Prospect agrees to furnish and sell, and Prospect Heights agrees to receive, and pay for, water upon the terms and conditions, and for the consideration as hereinafter set forth: 1. Quantity of Water. During the term of this Contract, Mount Prospect shall provide and make available to Prospect Heights, for its use at a delivery point as hereinafter specified, water in the volume required by Prospect Heights or which the Prospect Heights water system may be capable of taking at a minimum operating pressure (25 PSI) of the Mount Prospect water system at point of delivery. In the event that it becomes necessary for Mount Prospect to limit its delivery of water to its customers, Prospect Heights shall be entitled to receive during such a period of scarcity its pro ratashare of water available as determined by the proportion which the volume of water used by Prospect Heights during the last preceding twelve (12) month period bears to the volume of water used by the other customers of Mount Prospect for the same period. In the event that it becomes necessary for Mount Prospect to limit the use of water by its water customers, by imposing lawn and sprinkling restrictions, or otherwise, Prospect Heights shall, upon notification by Mount Prospect, impose the same water use restrictions and limitations on water customers connected to its system served by Mount Prospect water, and shall make every reasonable effort to publicize and shall enforce such limitations and restrictions until notified by Mount Prospect that said limitations and restrictions may be removed. Restrictions may be imposed by water pressure zones at the discretion of Mount Prospect. 2 2. Quality of Water. Water to be delivered at the point of delivery by Mount Prospect and received by Prospect Heights hereunder shall be of the same quality as that provided to customers within the corporate limits of Mount Prospect from the Mount Prospect system. Water quality after the point of delivery is the responsibility of Prospect Heights. So long as Mount Prospect meets its responsibility pursuant to this paragraph, Plaintiff shall make no claims whatsoever against Mount Prospect for costs or damages caused by any failure to meet EPA or other regulatory agency water quality or composition standards. 3. Point of Delivery. The point of delivery of water from the water supply of Mount Prospect to Prospect Heights shall be at or near the intersection of Camp McDonald Road and Route 83. The connection point shall be on the south side of Camp McDonald west of the intersection of Route 83 to an existing 8" water main owned and maintained by mount Prospect. Any future point of delivery or service connection to the water supply system of Mount Prospect, whether the connection is in Mount Prospect or Prospect Heights, shall be subject to the following conditions, to-with: a. The connection, the location of any such connection and the method of effecting such connection to the Prospect Heights system shall be subject to the approval of Mount Prospect and the work of effecting any such connection shall not be started until any such approval has been granted in writing, in a timely fashion, by the Corporate Authorities of Mount Prospect. 3 b. Each connection, if permitted, shall be provided with a water measuring device meeting Mount Prospect's specification and capable of remote reading along with a water metering pit. c. Each connection shall be provided with a back water check valve to be mounted close to the water measuring device, as approved by Mount Prospect, in such a manner as to prevent the flow of water from Prospect Heights to Mount Prospect. In addition, a valve on each side of the meter shall be provided. d. Each water metering device and water metering pit shall be situated at the site near the point of delivery or the connection to the water supply of Mount Prospect. 4. Installation Route. The installation route, the size of the piping and the necessity and location of other structures, shall be as described in Exhibit "1" as attached hereto. 5. Cost of Improvements. Prospect Heights 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 Contract, including, but not limited to, all engineering and legal fees. 6. Drawings and Permits. The working engineering drawings for the entire system shall be submitted to Mount Prospect for review, modification and approval. Prospect Heights shall be responsible for obtaining such other the 4 governmental approvals or permits as are necessary, including but not limited to, Illinois EPA. 7. Ownership of Improvements. Any improvements constructed by Prospect Heights for the water system located within the corporate limits of Mount Prospect shall be conveyed along with necessary easements by Prospect Heights to Mount Prospect. The cost and preparation for acquisition of easements shall be the responsibility of Prospect Heights, but Mount Prospect shall provide such support as may be necessary to legally accomplish such acquisition. 8. Notification and Cost of Repair. Prospect Heights shall notify Mount Prospect immediately upon discovery of any break, defect, or other malfunction in such improvements and shall follow-up notification in writing within twenty-four (24) hours. In the event Mount Prospect shall detect such break, defect or other malfunction in such improvements and shall follow-up notification in writing within twenty-four (24) hours. In the event Mount Prospect shall detect such break, defect, or malfunction, it shall notify Prospect Heights immediately upon discovery and shall follow up in writing within twenty-four (24) hours. Prospect Heights shall use its best efforts to repair such breaks, defects or malfunctions within twelve (12) hours after initial notification of such break, defect or malfunction and in any event shall make necessary repairs as promptly as is practical. The cost of any repair, including labor and materials to any improvements required on account of this Contract shall be borne by Prospect Heights, whether occurring in Mount 5 Prospect or Prospect Heights, or whether performed by Mount Prospect or Prospect Heights. 9. Other Connections. No connection or extension to serve any property other than those for governmental use shall be permitted without the joint consent of Mount Prospect and Prospect Heights. 10. Measuring Equipment. Prospect Heights agrees to furnish, install and replace as may be necessary, at its own expense, at each point of delivery hereunder to Prospect Heights the necessary meter pits, valves and meters. All such equipment shall be of a standard type approved by Mount Prospect and capable of reading rate-and quantity; with the capacity of accepting telemetering equipment to permit remote reading, for measuring the quantity of water delivered under this Contract. Meters will be tested and calibrated annually. Prospect Heights shall be notified, in writing, of such calibration so that it may be done in the presence of a representative of Prospect Heights 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. Maintenance and testing shall be performed by a contractor or representative from Mount Prospect and shall be paid for by Prospect Heights. 1t. Meter Reading 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 of Mount Prospect. Upon request by Prospect Heights, Mount P~ospect shall furnish Prospect Heights with a copy of such 6 records or permit Prospect Heights to have access thereof during reasonable business hours. 12. Testin.q of Lines and Structures, Flushin.q. Testing of the water mains and associated equipment and structures Shall be done by Mount Prospect at least once every two years at the sole expense of Prospect Heights. Additionally, periodic flushing of hydrants may be necessary. All hydrant water use shall go through a meter at a connection point and shall be paid for by Prospect Heights. 13. Unit of Measurement. The unit of measurement for determining compensation for water delivered hereunder shall be in thousands of gallons and all measuring devices shall be so calibrated. 14. Price and Terms. Prospect Heights shall pay Mount Prospect 1.25 times the Mount Prospect residential water rate for each thousand gallons of water delivered through the meter(s) at each point of delivery to Prospect Heights. In addition, Prospect Heights shall pay a capital expenditure surcharge for each thousand gallons of water delivered through the meter(s) at each point of delivery to Prospect Heights equal to 1.25 times an amount calculated in the following formula: "Capital expenditure surcharge (Surcharge) for each 1,000 gallons equals Special Service Area No. 5 property taxes (SSA No. 5 Taxes) levied for the previous year divided by the total 1,000 gallon units of water billed (1,000 gallons billed) to all Mount Prospect water customers for the previous May 1 through April 30. The Surcharge for = 1993 SSA No. 5 Tax Levy May 1, 1994 - April 30, 1995 %000 Gallons billed May 1, i993 - April 30, 1994" The Surcharge shall be calculated May 1 of each year. The Surcharge so. calculated shall be in effect from May I through April 30 of the next year. 7 15. Billing. Mount Prospect shall bill Prospect Heights for all water furnished under this agreement bimonthly and payments shall be due and payable by Prospect Heights to Mount Prospect within thirty (30) days from the date of billing. 16. Commencement Liability for Payments. Liability for making payments as above set forth shall commence on the date of the first tender of delivery and acceptance of water by Prospect Heights after completion of the installation and testing of the aforesaid water main. 17. Continuity of Service - Conditions. From the time that water is tendered for delivery to Prospect Heights at the .designated point of delivery, Mount Prospect shall, subject to the terms and conditions of this Contract, continually hold itself ready, Willing and able to supply water to Prospect Heights to the extent required by this Contract. 18. No Strict Liability. Mount Prospect shall not be liable for damages for breach of contract or otherwise for failure, suspension, diminution or other variation of service occasioned by any cause beyond the control and without the fault or negligence of Mount Prospect or its operating personnel, such causes include, but are not restricted to, acts of God or of the public enemy, acts of the State or Federal government in either its sovereign or contractual capacity; fires, flood, freezing, epidemics, quarantine restrictions, strikes, or failure or breakdown of transmission or other facilities. 8 t9. No Resale. Prospect Heights agrees not to resell or otherwise provide any water provided pursuant to the Contract to any other user, without prior written approval of Mount Prospect. If requested by Mount Prospect, the City of Prospect Heights will, at its own time and expense, apply to the appropriate State agency for permission to convey to Mount Prospect a portion of Prospect Height's Lake Michigan water allocation that is equal to the use, pursuant to this Contract. 20. Term of Contract. This Contract shall continue in full force and effect for a period of ten (10) years from the date hereof. Prospect Heights 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 terms and conditions and rate adjustments, if any, which may be then agreed by and between Prospect Heights and Mount Prospect. 21. Modification. This Contract may be amended only in writing and with the consent of the governing bodies of both Mount Prospect and ProspectHeights. 22. Hold Harmless. Prospect Heights and Mount Prospect mutualiy agree to hold and save each other harmless from any and all claims,~damages, suits, causes of action and the like based on the fault or negligence of the other which may arise by virtue of this Agreement. 23. Notices. All notices of communications as provided for herein shall be in writing and shall be either delivered to Mount Prospect or Prospect Heights, or to the office of the clerk of the respective municipality; or, if mailed, shall be sent 9 y registered mail, postage prepaid, to the office of the respective clerk of each respective municipality. 24. 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 of provisions of this Contract shall not be affected thereby. IN INITNESS WHEREOF, the parties hereto 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 Mount Prospect An Illinois Municipal Corporation Village I~resident ATTEST: Village Clerk City of Prospect Heights An Illinois Municipal Corporation ATTEST: