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HomeMy WebLinkAboutOrd 3369 09/06/1983 RDINANCE NO. 3369 AN ORDINANCE AUTHORIZING A RIGHT TO A FUTURE SUPPLY OF LAKE MICHIGAN WATER FOR AND A WAIVER OF CONNECTION FEES AND CHARGES TO THE ILLINOIS TOLL HIGHWAY AUTHORITY PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 6th DAY OF September ,1983. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7th day of September , 1983. AN ORDINANCE AUTHORIZING A RIGHT TO A FUTURE SUPPLY OF LAKE MICHIGAN WATER FOR AND A WAIVER OF CONNECTION FEES AND CHARGES TO THE ILLINOIS TOLL HIGHWAY AUTHORITY BE IT ORDAINED BY THE PRESIDENT AND BOARD OF RUSTEES OF THE VILLAGE OF }~OUNT PROSPECT AS FOLLOWS: Section 1. nd Board of Trustees Mount Prospect (the "Village") as follows: (a) It is found and declared by the President (the "Board'') of the Village of The Village is a member of the Northwest Suburban Municipal Joint Action Water Agency (the "Agency"); (b) The Agency is established for the purpose of providing adequate supplies of Lake Michigan water on an economical and efficient basis to the Village and other Agency members; (c) The Village has entered into a water supply agreement with the Agency to provide certainty of an adequate supply of Lake Michigan water for the Village; (d) The Agency has undertaken the construction of a Lake Michigan water transmission system in order to obtain and deliver on an economical and efficient basis Lake Michigan water to the Village and other Agency members (the "Agency System"); (e) The Agency is going to construct a part of the Agency System on right-of-way acquired by an easement for 16.5 miles granted to the Agency by the Illinois Toll Highway Authority (the "Tollway Authority") along the Northwest Tollway; -2- (f) As additional consideration for this grant of a 16.5 mile easement to the Agency by the Tollway Authority, the Agency has r~quested each of its members, including the Village, to grant the Tollway Authority a right to a supply of Lake Michigan water for use at its facilities at the lowest rates charged by that member to similar users within its boundaries at such time as Lake Michigan water is generally available to all residents and customers of that member. In exercising this right, the Tollway Authority will comply with the terms and conditions as set forth in the Easement Agreement for the 16.5 miles of right-of-way between the Agency and the Tollwa¥ Authority (the "Easement Agreement") including, but not limited to member approval of the location of a connection to its water system and Tollway Authority payment of the costs of construction of any such connection and pipes leading to the connection. In the event that the Tollway Authority exercises this right, the Agency has further requested its members to waive any connection, hook-up or initial fees, charges or assessments otherwise payable at that time by the Tollway Authority to the member; and (g) It is necessary and in the best interests of the Village and the Agency that the Village approve and authorize the Agency's requests as set forth in paragraph (f) of this Section. Section 2. The Village by this Ordinance grants to the Tollway Authority a right to a supply of Lake Michigan water for use at its facilities at the lowest rates charged by the Village to similar users within the Village at such time as Lake Michigan water is generally available to all Village residents and customers, provided that this right shall be exerciseable by the Tollway Authority only in compliance with the terms and conditions set forth in the Easement Agreement, including, but not limited to Village approval of the location of a connection to its water system and Tollway Authority payment of the costs of construction of any such connection and pipes leading to the connection. In the event of the exercise'by the Tollway Authority of the right granted by this Ordinance,-the Village by this Ordinance waives any hook-up, connection or initial fees, charges or assessments otherwise payable at that time by the Tollway Authority to the Village. The appropriate officers of the Village are authorized and directed to file a copy of this Ordinance with the Agency and to take such steps as necessary from time to time to give effect to this Ordinance. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. ~SED by the President and Board of Trustees of ti is September 6 , 1983. V¢ ~ing Aye Vo ~ing Nay Ab ~taining: Ab Ap (list names): (list names): None ~ent: None the Village Arthur, Far!~v, F!oros, f!urauskis~ Van Ge~ None ~a- Village CIe~ roved this = ~ ~ ~ep~emDer 6 , 1983 AT~ ~Pr~sident Village Clerk