HomeMy WebLinkAboutRes 33-97 06/17/1997 af/
6/12/97
RESOLUTION NO. 33-97
A RESOLUTION AMENDING RESOLUTION NO. 30-94
AUTHORIZING THE VILLAGE OF MOUNT PROSPECT
TO SELL WATER TO THE CITY OF PROSPECT HEIGHTS
WHEREAS, the corporate authorities of the Village of Mount Prospect did enter into an
Agreement with the City of Prospect, authorized by the passage of Resolution 30-94,
which Agreement authorizes the Village to sell water to the City of Prospect Heights;
and
WHEREAS, said Agreement prohibited the City of Prospect Heights from allowing
additional connections without the joint consent of Mount Prospect and Prospect
Heights; prohibited Prospect Heights from selling water to any other entity; and
established a specific fee for water; and
WHEREAS, the facilities receiving water from Mount Prospect pursuant to said
Agreement will change ownership and the City of Prospect Heights has asked Mount
Prospect to authorize the new occupant of that facility to continue receiving water from
the Village of Mount Prospect.
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 corporate authorities of the Village of Mount Prospect have
agreed to amend the Agreement between the Village of Mount Prospect and City of
Prospect Heights, being the subject of Resolution 30-94, a copy of which is attached
hereto and hereby made a part hereof as Exhibit "A".
SECTION TWO: That said Agreement is hereby amended to add Exhibit "B", a copy of
which is attached hereto andhereby made a part hereof.
SECTION 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: Clowes, Hoefert, Lohrstorfer, Necchi, Wilks
NAYS: None
ABSENT: None
PASSED and APPROVED this 17th day of June, 1997.
ATTEST:
Carol A. Fields, Village Clerk
RESOLUTION NO. 30-94
A RESOLUTION Au'£~ORIZING THE VILLAGE PRESIDENT AND
VILLAGE 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 ProsDect
· 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 ~rospect 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 Hoard 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 shall 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
ATTEST: Village P~ent
Village er
PASSED this 2nd day of Auqust , 1994
APPROVED this 2nd day of AUqUSt , 1994
PUBLISHED this 2nd day of ~UgU~ , 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 contractfor 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
ATTEST:
LEI~K- -
AYES: F±s~e~,-, ,..Tencl. reas, Iv[one. co, O'Donoghue, Shipanik, Sh'~z-..!.e~,'
NAYS:
ABSENT: Suez'th, 'Vo]_e
EXHIBIT
CONTRACT FOR SALE OF WATER BY t~-
THE VILLAGE OF MOUNT PROSPECT TO THE
CITY OF PROSPECT HEIGHTS
This Contract made and entered into this 15t~-day of August ,
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.
WlTNESSETH:
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.
INHEREAS, 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:
2. Quality of Water. Water to be delivered atthe 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
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
records or permit Prospect Heights to have access thereof during reasonable
business houm.
12. Testinq of Lines and Structures, Fiushinq. 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 (%000 gallons billed) to all
Mount prospect water customers for the previous May I through April 30,
The Surcharge for = 1993 SSA No. 5 Tax Levy
May 1, t994 - April 30, 1995 1,000 Gallons billed May 1, t993 - April 30, 1994"
The Surcharge shall be calculated May I of each year. The Surcharge so-
calculated shall be in effect from May I through April 30 of the next year.
7
19. 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 prospect Heights~
22. Hold Harmless. Prospect Heights and Mount Prospect mutually 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
EXHIBIT "B"
AMENDMENT TO AGREEMENT
BE'I'VVEEN THE VILLAGE OF MOUNT PROSPECT
AND THE CITY OF PROSPECT HEIGHTS
· It has been determined by the corporate authorities of the Village of Mount
Prospect and the City of Prospect Heights that the best interests of both communities
would be served by amending the "Contract for Sale of Water by the Village of Mount
Prospect to the City of Prospect Heights", dated August 15,1994.
The "Contract for Sale of Water by the Village of Mount Prospect to the City of
Prospect Heights", dated August t5,1994 is hereby amended as follows:
1. Section 9 is hereby amended in its entirety; so that hereafter Section 9 shall be
and read as follows:
"Section9. OtherConnections. Mount Prospect and Prospect Heights
consent to one commercial service connection at the northeast comer of Camp
McDonald Road and IL 83 for a 15,120 sq. ft. commemial building. Plans for
connection and internal plumbing plans will be submitted for review and approval
to Mount Prospect.
a. The connection shall be equipped with a water measuring device meeting
Mount Pmspect's specifications.
b. The connection shall be equipped with a water check valve to be mounted
close to the water measuring device as approved by Mount Prospect, in a
such a manner as to prevent the flow of water from the commercial
building back into the water system. In addition, a valve on each side of
the meter shall be provided.
c. Prospect Heights will be responsible for annual testing of the back water
check valve by a certified cross-connection control device inspector. A
copy of the inspection report shall be submitted to Mount Prospect
annually.
d. No other connection or extension to service other properties shall be
permitted without the joint consent of Mount Prospect and Prospect
Heights:
2. Section 10 is hereby amended by replacing the first paragraph in its entirety; sp
that hereafter the first paragraph of Section 10 shall be and read as follows:
"Section 10. Measuring Equipment. Prospect Heights agrees to furnish, install
and replace, as may be necessary, at its own expense, at each point of delivery
and/or service connection 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 and/or consumed under this Contract.
Meters will be tested and calibrated annually."
3. Section 14 is hereby amended by adding thereto the following; so that hereafter
Section 14 shall include the following:
"For water used by the commercial service connection as described in Section 9
of this Agreement, the minimum amount charged by the City of Prospect Heights
shall be the rate established by the Village of Mount Prospect for non-resident
users plus the capital expenditure surcharge as outlined in this Section."
. Section 19 is hereby amended in its entirety; so that hereafter Section 19 shall
be and read as follows:
"Section 19. No Resale. Other than the service connection described in
Section 9, Prospect Heights agrees not to resell or otherwise provide any water
provided pursuant to this 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."
The Village of Mount Prospect and the City of Prospect Heights, acting under
the authority granted by their respective governing bodies, have caused this
Amendment to be added to the Agreement attached hereto as Exhibit "A' and is duly
executed in the same manner as the original Agreement this ? ~ day of ~
1997.
VILLAGE OF MOUNT PROSPECT
An Illinois Municipal Corporation
Timothy J. Co.~c, ora~
President Pr~ Tq~ti
Al-rEST:
.~.~.e~ CITY OF PROSPECT HEIGHTS
......... An Illinois Municipal Corporation
'.;Aa
City ~,~rk