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HomeMy WebLinkAbout80-0611 Sleepy Hollow • CONTRACT FOR SALE OF WATER BY THE CITY OF ELGIN TO THE VILLAGE OF SLEEPY HOLLOW This contract made and entered into this 11 day of ( , 1980, by and between the City of Elgin (hereinafter called "Elgin"), an Illinois Municipal Corporation, and the Village of Sleepy Hollow (hereinafter called "Sleepy Hollow"), an Illinois Municipal Corporation, WITNESSETH WHEREAS, in order to properly safeguard and promote the health, welfare and well-being of its residents, Sleepy Hollow, desires to purchase water from Elgin for distribution and sale by Sleepy Hollow to residential, business and industrial water customers; and WHEREAS, Elgin is willing to furnish water to Sleepy Hollow, and expects to have available water in quantities hereinafter contracted to be sold by it to Sleepy Hollow for a twenty (20) year period. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, Elgin agrees to furnish and sell, and Sleepy Hollow agrees to receive, and pay for, water upon the terms and conditions, and for the consideration as hereinafter set forth: 1. Quantity of Water. Subject to the provisions stated in this contract, Elgin agrees, during the period from the date of this contract until the completion of the expansion of the Elgin water treatment system including construction of a new treatment plant and associated facilities including lime residue storage and a river intake facility which will increase the capacity of the Elgin system to 16 million gallons per day, to tender and make available to Sleepy Hollow, for its own use and at delivery points as hereinafter specified, water in the volume required by Sleepy Hollow or which the Sleepy Hollow Water System may be capable of taking at a normal operating pressure of the Elgin system at certain points of delivery to serve the area of Sleepy Hollow limited to the Walnut Hill Subdivision, Unit 10, 1st Addition to Unit 10, 2nd Addition to Unit 10, Unit 12, 1st Addition to Unit 12, Unit 14, Unit 15 and Unit 16 of the Village of Sleepy Hollow. During the period of this contract, after the completion of the expansion of the Elgin ;a= ;.rc�_.,-... --__-__- _==- '__ _ _ _ _�. . . _r -1- new treatment plant and associated facilities including lime residue storage and a river intake facility which will increase the capacity of the Elgin system to 16 million gallons per day, Elgin will tender and make available to Sleepy Hollow, for its own use and at tilivery points as hereinafter specified, water in the volume required by Sleepy Hollow or which the Sleepy Hollow water system may be capable of taking at a normal operating pressure of the Elgin water system at certain mints of delivery to serve the entire area of Sleepy Hollow provided that the maximum volume of water used from Elgin over any one twenty-four (24) hour period shall not exceed 800,000 gallons and the maximum rate of delivery shall not exceed 750 gallons per minute. Sleepy Hollow further agrees to pay Elgin for such service in accordance with the provisions as hereinafter set forth in this agreement. Should Sleepy Hollow desire to increase the maximum volume or rate of delivery as heretofore set forth herein in this paragraph, a request in writing stating the desired volume or rate of increased delivery shall be made to Elgin and shall then become a matter of negotiation between Elgin and Sleepy Hollow, but Elgin shall be under no obligation to agree to an increase in the maximum volume and rate of delivery heretofore specified herein. Elgin will use its best efforts to remain in a position to furnish water as herein contracted to be sold to Sleepy Hollow but its obligation shall be limited to the capacity of the Elgin system and water plants. In the event that it becomes necessary for Elgin to limit its delivery of water to its customers, Sleepy Hollow shall be entitled to receive during such a period of scarcity after the first twelve months of water service hereunder its pro-rata share of water available as determined by the proportion which the volume of water used by Sleepy Hollow during the last preceding six (6) month period bears to the volume of water used by the other customers of Elgin for the same period. In the event that it becomes necessary for Elgin to limit the use of water by its water customers, by imposing lawn and sprinkling restrictions, or otherwise, Sleepy Hollow shall, upon notification by Elgin, impose the same wr*"- m..i 191..+tntilnuc nn +•rotor customers connected to its system served by Elgin water, and shall make -2- every reasonable effort to publicize and shall enforce such limitations and restrictions until notified by Elgin that said limitations and restrictions may be removed. If Sleepy Hollow's volume of water is in excess of 750 gallons per minute for more than thirty consecutive minutes on any day (the period from 9:00 a.m. of one calendar day until 9:00 a.m. of the following calendar day) on more than four days during the period from May 1 through-August 31 or if the volume exceeds 800,000 gallons per day on more than four days during any calendar year then and in that event a surcharge of 50% will be applied on all billings during the next calendar year, provided, however, as follows: (a) The above surcharge will not go into effect until such time as Sleepy Hollow approves such additional subdivisions so as to add more than twenty-five lots of record to the total number of lots of record existing on the date of execution of this agreement. (b) The above surcharge will not go into effect unless Elgin notifies Sleepy Hollow within seventy-two hours of each day during which the rate limitations is exceeded. (c) The above surcharge is not applicable where the rate limitations are exceeded due to main breaks or in case of a fire provided Elgin is notified within twenty-four hours of such circumstances. (d) If Sleepy Hollow has provided a storage system for water, then Sleepy Hollow's maximum volume on a gallon per minute basis shall be increased to 800 gallons per minute commencing in the year 1990 and extend- ing through the life of this contract. 2. Quality of Water. Water to be delivered at the point of delivery by Elgin and received by Sleepy Hollow hereunder shall be of the same quality as that provided to customers within the corporate limits of the City of Elgin from the Elgin system. 3. Points of Delivery. The initial point of delivery of water from the water supply of Elgin to Sleepy Hollow shall be at the intersection of Randall Road and the southerly right-of-way of the Northwest Toll Road. Upon request by Sleepy Hollow and agreement by Elgin, additional points of delivery may be added and shall be at the sole expense of Sleepy Hollow. Each point of delivery connect4. •�- ,.-•,._ .»••••.,,, N�t� ^f Elgin shall be sujbect to the following conditions, to-wit: -3- (a) The location of any such connection and the method of effecting such connection to the Sleepy Hollow system shall be subject to the approval of Elgin and the work of effecting any such connection shall not be started until any such approval has been granted in writing by the Water Operations Director of the City of Elgin. (b) Each connection shall be provided with a water measuring device along with a water r-tering pit. (c) Each connection shall be provided with a check valve to be mounted close to the water measuring device in such a manner as to pre- vent the flow of water from Sleepy Hollow to Elgin. 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 of booster pumps of Sleepy Hollow located within the corporate boundaries of the Village of Sleepy Hollow. • Sleepy Hollow agrees to construct a 12 inch watermain from the intersection of Randall Road and Fox Lane to the southerly right-of-way of the Northwest Toll Road and shall be solely responsible for necessary permits, easements or other approvals which may be required; plans and specifications for such watermain extension shall be submitted to Elgin for its review and approval prior to construction. The legal description of the location of said watermain and its extension to Sleepy Hollow is attached hereto as Exhibit A. All improvements constructed by Sleepy Hollow for the water system located within the corporate limits of the City of Elgin shall be conveyed by Sleepy Hollow to Elgin including necessary easements. Improvements constructed in any unincorporated territory shall be the property of Sleepy Hollow and shall be maintained and kept in good repair by Sleepy Hollow. Sleepy Hollow shall notify Elgin within 24 hours of any break, defect, or other malfunction in such improvements; in the event Elgin shall detect such break, defect, or malfunction, it shall notify Sleepy Hollow in writing within 24 hours. Sleepy Hollow shall repair such breaks, defects or malfunctions within twenty-four hours after learning of su:h break, defect or malfunction. No person shall be permitted to connect to the aforesaid watermain and its extension to Sleepy Hollow unless a special connection fee or charge is established by the mutual agreement of Elgin and Sleepy Hollow for the recapture by Sleepy Hollow of an appropriate part of the costs of said -4- improvement. The parties shall use their best efforts to collect such special fees or charges to the extent that they may be lawfully established and imposed. No such connection to serve any property outside the corporate boundaries of Elgin shall be permitted without the joint consent of Elgin and Sleepy Hollow. 4. Measuring Equipment. Sleepy Hollow agrees to furnish, install and replace as may be necessary, at its own expense, at each point of delivery hereunder to Sleepy Hollow, the necessary meter pits, valves and meters of a standard type approved by Elgin, capable of reading rate and quantity and with the capacity of accepting telemetering equipment to permit remote reading, for measuring the quantity of water delivered under this contract. For the purpose of this contract, the original record or readings of the meter or meters shall be the journal or other record book of the Water Department of the City of Elgin. Upon request by Sleepy Hollow, Elgin shall furnish Sleepy Hollow with a copy of such records or permit Sleepy Hollow to have access thereof during the reasonable business hours. Upon receipt of a written request from Sleepy Hollow, but not more than twice in any contractual year, on a date as near the end of a calendar month as practical, Elgin shall calibrate all meters used for measuring the quantity of water delivered by Elgin to Sleepy Hollow at the point, or points, of delivery. Such calibration shall be done in the presence of a representative of Sleepy Hollow and the parties shall 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 Elgin and shall be paid for by Sleepy Hollow. 5. Unit of Measurement. The unit of measurement for determining compensation for water delivered hereunder shall be cubic feet of water and all measuring devices shall be so calibrated. 6. Price and Terms. The price to be paid for the furnishing of - water under the terms of this contract by Sleepy Hollow to Elgin shall be related to the lowest Elgin residential user rate for water as hereinafter specified. Sleepy Hollow shall pay Elgin 1.25 times the lowest Elgin resi- dential water rate for each 100 cubic feet of water delivered through the meters at each point of delivery to Sleepy Hollow. In addition Sleepy Hollow shall pay Elgin an annual water avail- ability charge equal to 1.25 times the Elgin water availability ch age for each meter at each point of delivery based on the size of said meter. -5- Elgin shall bill Sleepy Hollow for all water furnished under this agreement bi-monthly and payments shall be cue and payable by Sleepy Hollow to Elgin within twenty days from the date of billing. Liability for making payments as above set forth shall commence on the date of the first tender of delivery and acceptance of water by Sleepy Hollow after completion of the installation and testing of the aforesaid water- main. In the event that Sleepy Hollow shall bill its customers more frequently than bi-monthly, it shall give Elgin written notice of such change in billing prior to implementing such a change in billing; upon such implementation Elgin shall bill Sleepy Hollow for water furnished for a similar billing period and Sleepy Hollow shall remit payment within twenty days of the date of billing. 7. Continuity of Service - Conditions. 4rom the time that water is tendered for delivery to Sleepy Hollow at designated points of delivery, Elgin shall, subject to the terms and conditions of this contract, continually hold itself ready, willing and able to supply water to Sleepy Hollow to the extent of the maximum amount as hereinabove provided for. Elgin shall not be liable for damages, breach of contract or other- wise, for failure, suspension, diminution, or other variation of service occasioned by any cause beyond the control and without the fault or negligence of Elgin or its operating plant 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, epidemics, quarantine restrictions, strikes, or failure or breakdown of transmission or other facilities. Sleepy Hollow agrees not to sell water to any customers other than those specified in this contract without written approval from Elgin. 8. Term of Contract. This contract shall continue in full force and effect for a period of twenty years from the date hereof. Sleepy Hollow shall have the option of renewing the contract for any term permitted by law upon such terms and conditions and rate adjustments, if any, to be then agreed by and between Sleepy Hollow and Elgin. 9. Modification. This contract may be changed or modified only with the consent of the governing bodies of both Elgin and Sleepy Hollow. 10. Hold Harmless. Sleepy Hollow agrees to hold and save Elgin harmless from any and all claims, damages, suits, causes of action and the -6- like which may arise by virtue of this agreement or for any water sold pursuant to this agreement by Elgin to Sleepy Hollow. 11. Notices. All notices of communications as provided for herein shall be in writing and shall be either delivered to Elgin or Sleepy Hollow, or to the office of the Clerk of the respective municipality; or, if mailed, shall be sent by registered mail, postage prepaid, to the office of the respective clerk of each respective municipality. 12. 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 thereby. IN WITNESS WHEREOF, the parties hereto acting'under authority of their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which shall be constituted an original, all as of the date and year first above written. CIg OF ELG N, an I ino J4i cipal Co 11 •ration BY a. AI -ger Attest: r City Cler VILLAGE OF SLEEPY HOLLOW, an Illinois Municipal Corporation, By af-t-4*-e710--/et- ---ay Attest: �.�. t Village Clerk -7- • I EXHIBIT A Watermain within the easterly right of way line of Randall Road, in the Northwest quarter of Section 32 and part of the Southwest quarter of Section 29 , all in Township 42 North, Range 8 East of the Third Principal Meridian described as follows : Beginning at the intersection of Randall Road and Fox Lane in the aforesaid Northwest quarter of Section 32, thence northerly within the easterly right of way of Randall Road to the Southwest corner of Lot 51 (for the point of termination) in Walnut Hill of Sleepy Hollow, a subdivision in part of Section 29, Township 42 North, Range 8 East of the Third Principal Meridian, accord- ing to the plat of said subdivision recorded June 6, 1979 as Document 1107012, in Kane County, Illinois. January 9, 1980 MEMORANDUM TO: Leo Nelson, City Manager FROM: David Jepson, Deputy Finance Director SUBJECT: Sleepy Hollow Water Rates During a meeting with representatives of the Village of Sleepy Hollow regarding supplying water to the Village, two possible water rates were presented for considera- tion. One of these rates was based upon recovering a stated rate of return on the total investment in our water system and the other was a rate that included a percentage factor added to our existing water rates. It was pointed out at that meeting that these rates were presented for consideration, but that they had not been approved by the Elgin City Council . The Return on Investment Rate is illustrated in Schedule I . This rate is determined by calculating the percentage of water billed to Sleepy Hollow to the total and apply- ing this percentage to depreciation and net operating expenses and to the net invest- ment in fixed assets times an expected rate of return of 6%. The Add-On to Our Existing Rates is illustrated in Schedule II and simply adds a 25% charge to the exist- ing rate. Also attached are Schedule III , Population and Water Demand - Sleepy Hollow, and Schedule IV, Water Rate Information, which we have used in preparing the rates proposed. The Return on Investment Rate is similar to the rate structure that the City of Evanston uses to charge for the water supplied to the Village of Skokie. We think that this is an equitable method of determining a rate, but it could be difficult to administer. We believe the Add-On Rate is appropriate when we considered that Sleepy Hollow would be maintaining their own distribution system and doing their own billing. We will be meeting again on Saturday, January 10, 1980 at 10:00 A.M. with Sleepy Hollow, and we expect that we will discuss these proposals at some length at that time. City of Elgin - Water Fund Schedule I Water Rates for Resale Return on Investment 1978-1983 Actual Estimated Estimated Estimated Estimated Estimated 1978 1979 1980 1981 1982 1983 Investment in Fixed Assets Cost of Fixed Assets 11,982,246 12,400,000 12,800,000 23,200,000 34,600,000 35,000,000 Less: Accumulated Depreciation 3,052,480 3,235,347 3,424,347 3,694,347 4,127,847 4,649,847 Net Investment in Fixed Assets 8,929,766 9,164,653 9,375,653 19,505,653 30,472,153 30,350,153 Annual Depreciation 174,144 182,867 189,000 270,000 433,500 522,000 Operating Expenses (*) Total Operating Expense 1,613,735 1,858,055 2,363,785 2,439,400 2,582,600 2,633,100 Less: Meter and Billing Costs 128,910 156,670 167,695 178,785 190,470 202,850 Net OperatingExpenses 1,484,825 1,701,385 2,196,090 2,260,615 2,392,130 2,430,250 (*) Excluding Debt Service and Depreciation Volume of Water Billed (100 Cubic Feet) Elgin 3,149,805 3,206,000 3,300,000 3,400,000 3,502,000 3,607,000 Sleepy Hollow 63,905 70,990 78,075 82,750 87,700 93,000 Total 3,213,710 3,276,990 3,378,075 3,482,750 3,589,700 3,700,000 Percent of Sleepy Hollow to Total 1,9884 2.1663 2.3112 2.3760 2.4431 2.5135 Return on Net Investment in Fixed Assets Sleepy Hollow Billings Total Billings X Net Investment X 6% 10,654 11,912 13,001 27,807 44,668 45,771 Depreciation Sleepy Hollow Billings X Annual Depreciation 3,463 3,961 4,368 6,415 10,590 13,120 Total Billings Operating Expenses Sleepy Ho low Billings X Net Oper. Expenses 29,524 36,857 50,756 53,712 58,442 61,084 Total Billings Total 43,641 52,730 68,125 87,934 113,700 119,975 Rate Per 100 Cubic Feet Return on Investment .1667 .1678 .1665 .3360 .5093 .4922 Depreciation .0542 .0558 .0559 .0775 .1208 .1411 Operating Expenses .4620 .5192 .6501 .6491 .6664 .6568. _ Total .6829 .7428 .8726 1.0626 1.2965 1.2901 Schedule II City of Elgin - Water Fund Water Rates for Resale Add-On to Existing Rates 1980-1983 1980 1981 1982 1983 Water Resale - Sleepy Hollow Estimated Water Demand - Annual Gallons 58,400,000 61,900,000 65,600,000 69,500,000 Estimated Percentage to be Supplied by Elgin 15% 25% 33% 100% Estimated Percentage as Annual Gallons 8,800,000 15,500,000 21,900,000 69,500,000 Estimated Percentage as 100 Cubic Feet 11,765 20,720 29,280 92,915 Rate Per 100 Cubic Feet .67 .75 .84 .87 Availability Charge - 8 inch meter (per month) 240 240 240 285 Annual Costs Availability Charge 2,880 2,880 2,880 3,420 Water Charge 7,885 15,540 24,595 80,835 Total 10,765 18,420 27,475 84,255 Add-On Charge 25% 2,690 4,605 6,870 21,065 Total 13,455 23,025 34,345 105,320 Effective Rate Per 100 Cubic Feet Availability Charge .3060 .1737 .1230 .0460 Water Charge .8376 .9375 1.0500 1.0875 Total 1.1436 1.1112 1.1730 1.1335 Schedule III POPULATION AND WATER DEMAND - Sleepy Hollow Average Day Water Maximum Day Water Average Annual Water Village Population Pumped in Million Pumped in Million Pumped in Million Gallon Year Population Served Gal/Day Cal/Day Per Year 1978 2008 1640 .131 .262 47.8 1980 2400 2000 .160 .32 58.4 1990 3800 3500 .280 .56 102.2 2000 5000 5000 .400 .80 146.0 City of Elgin - Water Fund Schedule IV Water Rate Information 1978-1983 'i" Actual Estimated Estimated Estimated Estimated Estimated 1978 1979 1980 1981 1982 1983 Water Fund Expenditures Total Expenditures 2,279,110 2,506,435 3,027,190 4,433,190 4,678,000 4,660,800 Meter and Billing Costs 128,910 156,670 167,695 178,785 190,470 202,850 Debt Service 354,475 348,785 203,600 1,672,500 1,749,400 1,719,700 Water Fund Revenues Total Revenue (Excluding Investment Income) 2,889,244 2,983,520 3,267,125 3,694,100 4,130,000 4,540,100 Sale of Water 1,787,658 1,923,600 2,172,500 2,550,000 2,943,300 3,138,100 Availability Charge 840,000 850,000 865,000 890,000 905,000 1,070,000 Total Water Billed (100 Cubic Feet) 3,149,806 3,206,000 3,300,000 3,400,000 3,502,000 3,607,000 Expenditures and Revenues Per 100 Cubic Feet Total Expenditures .7236 .7818 .9173 1.3039 1.3358 1.2922 Meter and Billing Costs .0409 .0489 .0508 .0526 .0544 .0562 Debt Service .1125 .1088 .0617 .4919 .4995 .4768 Total Revenue .9173 .9306 .9900 1.0865 1.1793 1.2587 Sale of Water .5675 .6000 .6583 .7500 .8405 .8700 Availability Charge .2667 .2651 .2621 .2618 .2584 .2966 Rates for Selected Elgin Customers Average Elgin Resident .9268 .9268 .9967 1.0771 1.1667 1.2621 Chicago Rawhide .6118 .6118 .6818 .7618 .8518 .8841 Willow Lake Estates .6473 .6473 .7173 .7973 .8873 .9262 Illinois Tool Works 1.0800 1.0800 1.2025 1.3425 1.5000 1.5581 2 6 � 6 � • LAW OFFICES KATTEN, MUCHIN, GITLES, ZAVIS, PEARL & GALLER 4100 MID-CONTINENTAL PLAZA 55 EAST MONROE STREET CHICAGO,ILLINOIS 60603 ALAN M.BERRY MICHAEL E.C.MOSS SHELDON I BANOFF NANCY A.PACH ER VICTOR H.BEZMAN ALLAN B.MUCHIN TELEPHONE (312) 346-7400 DAVID A.BRONN ER DANIEL M.PELLICCIONI ROBERT L.BROOKS JAMES C.MURRAY.JR. PIER (312 MATTHEW S.BROWN GAYLE R PODELL TELECO RONALD M.DE KOVEN STEPHEN M.NEUM ER ) 346-1437 GARRY W.COHEN STEVEN M.RASHER DONALD E.EGAN MELVIN E PEARL ROBERT S.CONNORS NANCY S.RENDLEMAN ALAN S.FINGER GERALD M.PENNER TELEX 25-5102 CABLE ATLAW" AVERY DELOTT PETER J.RUE GERALD H.GALLER KEITH N.POCKROSS RICHARD L.EPLING VINCENT A.F. SERGI GERALD A.GITLES MICHAEL A.REITER MICHAEL 5.FRIED WILLIAM J.SHERIDAN,JR. ALAN 5.GRATCH HOWARD N.RICHARD STUART E.GRASS MICHAEL C.SHINDLER FRANCIS S.GROSSI,JR. LESLIE SANFORD LEE HARRIS BENTON C.STRAUSS ARTHUR W.HAHN DAVID R.SHEVITZ NANCY HOPKINS PERRY L.TAYLOR,JR DAVID J.HOCHMAN ROBERT Y.SPERLING LIZABETH F.HORN LEE ANN WATSON MELVIN L.KATTEN RICHARD W.WALLER LAWRENCE A.LASKEY KAEL S.KENNEDY HERBERT S.WANDER BARRY LEVIN SKY OF COUNSEL GARRY LAKIN THOMAS R.WECHTER IRVING B.LEVINSON CHARLES D.STEIN GARY B.LAWSON JEFFREY K.WOHLSTADTER LAURIE G.MAC FARLANE DAVID ALTMAN BERNARD M.LUBELCNEK MICHAEL WM.ZAVIS FLOYD A.MANDELL JERRY M.REINSDORF JOHN J.MUSTES HOWARD C.PIZER June 6 , 1980 Mr. Erwin W. Jentsch r. George B. Knickerbocker Corporation Counsel Samelson, Knickerbocker & Schirott City of Elgin 780 Lee Street 150 Dexter Court DesPlaines, Illinois 60616 Elgin, Illinois 60120 Re: Elgin - Sleepy Hollow Proposed Water Contract Dear Erwin and George: Enclosed is a legal description suggested by our surveyor for the water main connection along the easterly right of way of randall Road from Fox Lane to the southwest corner of Lot 51 in Tlalnut Hill of Sleepy Hollow (which is also the southwest corner of the Village) . Perhaps this could be added as Exhibit A to the Contract and it could ultimately be recorded after it has been signed and acknowledged. In the Contract itself, please consider the following: 1. In line 3 on page 2 , change the period to a V . comma after "day" ; 2 . In the next to the last paragraph on page 2, in the third line after "scarcity" add "after the first twelve months of water service hereunder" ; and in the last line of that paragraph add "other" before tIA- "customers"; 3. At the beginning of subparagraph (b) on page 3 , ,r/,c/ add "The above surcharge will not go into effect U� unless" ; 4. In the second line of subparagraph (d) on page 3, after "then" add "thereafter"; and in the third 4 LAW OFFIC BATTEN, MUCHIN,GITLES,ZAVIS, PEARL & GALLER June 6 , 1980 Page Two r line thereof delete "commencing in the year 1990 and extending" ; 5. In the first full paragraph following sub- paragraph (d) on page 4 : in the second line after "Randall Road" add "and Fox Lane" ; and add a sentence at the end as follows : "The legal description of the location of said watermain and its extension to Sleepy Hollow is attached hereto as Exhibit A. " ; 6 . The last paragraph of Section 3 at the bottom of page 4 and top of page 5 should be revised to read as follows : "No person shall be permitted to connect to the aforesaid watermain and its extension to Sleepy Hollow unless a special connection fee or charge is established by the mutual agree- ment of Elgin and Sleepy Hollow for the recap- ture by Sleepy Hollow of an appropriate part of the costs of said improvement. The parties shall use their best efforts to collect such special fees or charges to the extent that they may be lawfully established and imposed. No such connection to serve any property outside the corporate boundaries of Elgin shall be permitted without the joint consent of Elgin and Sleepy Hollow. " ; 7. In line 3 of the first paragraph of Section 4 on V page 5, after "delivery" add "hereunder to Sleepy Hollow"; 8. At the end of the second paragraph on page 6, after "Sleepy Hollow" add "after completion of the installation and testing of the aforesaid watermain. " Ihope that you will be able to have the contract approved and its execution authorized by Elgin at its June 11th meeting and by Sleepy Hollow at its June 16th meeting. We are anxious to have the construction work commence at the earliest possible date. We are unable to complete any sale of lots to builders until they know that water is available. Anything you can do to expedite this will very much be appreciated. Since ly, Leslie Sanford LS/dv cc: Helmut Baumann EXHIBIT A Watermain within the easterly right of way line of Randall Road, in the Northwest quarter of Section 32 and part of the Southwest quarter of Section 29 , all in Township 42 North, Range 8 East of the Third Principal Meridian described as follows : Beginning at the intersection of Randall Road and Fox Lane in the aforesaid Northwest quarter of Section 32, thence northerly within the easterly right of way of Randall Road to the Southwest corner of Lot 51 (for the point of termination) in Walnut Hill of Sleepy Hollow, a subdivision in part of Section 29, Township 42 North, Range 8 East of the Third Principal Meridian, accord- ing to the plat of said subdivision recorded June 6, 1979 as Document 1107012, in Kane County, Illinois. May 29, 1975 ?Yid/ o + / Ar ak MEMORANDUM 6i))?- ' T : Ery Jentsch, Corporation Counsel1:;:ljjtil FROM: Jim Spore, Director of Community Development 'r 4 . i Iv() RE: Proposed Boundary Agreement with Sleepy Hollow / Please prepare a draft intergovernmental boundary agreement for consideration by the City Council relative to a suggested common boundary with the Village of Sleepy Hollow. The attached letter from Carol Schoengart and map depicting the boundary should be of assistance. If you have any questions or need help on a legal description, etc. please call on me. JKS JKS:dko cc: Leo Nelson, City Manager §N 1,/ t) � S ' S\ i • .� IObd� 7‘eVe aa�1e a� 1r� ft•rily ijult i, ;iiitrtntg • THOROBRED LANE SLEEPY HOLLOW, ILLINOIS 60118 � (312) 428-2266 - (312) 426-6708 DEED May 16, 1975 James K. Spore Director of Community Development City of Elgin 150 Dexter Court Elgin, Illinois 60120 Dear Jim, Thanks for the very informative and productive meeting you and Leo Nelson held with our consulting engineer, Bob Anderson, and myself on Friday, 2 May 1975. I think meetings like this certainly are a step up on telephone calls and newspaper articles for sharing concerns and accomplishing things. Although there doesn't seem to be much resolution of the Sleepy Hollow Road question, at least all of us understand the others thinking and what problems we foresee. We are most pleased that the jurisdictional boundary question seems easy to resolve. You indicated your corporation council would prepare the agreement basically as discussed by ourselves and within the Dundee Municipalities Planning Group, from the center line of Rt. 31 , west on the geographic ridge, including that additional few acres in the parcel approaching Elgin for annexation and west along the Tollway to the Township line. Hopefully, you were able to get this agreement in the works, so we can resolve the matter finally and as pleasantly and easily as we were able to resolve things this past month. Since I've been hoping to get Sleepy Hollow' s jurisdictional boundaries finally established for the past three years, it' s certainly nice to see at least part of ones goals reaching attainment. Today, and most importantly, agreement with Elgin; tomorrow, agreement with West Dundee and Gilberts - then the world! _ Sincerly, Carol J. choengart, President Village of Sleepy Hollow CJS;kk cc: Leo Nelson Manager, City of Elgin • DRAFT BOUNDARY AGREEMENT BETWEEN THE CITY OF ELGIN AND THE VILLAGE OF SLEEPY HOLLOW WHEREAS, certain territory in Kane County, Illinois, lying in the vicinity of the Northwest Tollway, presently unincorporated, lies between the existing corporate boundaries of the City of Elgin and the Village of Sleepy Hollow; and WHEREAS, the City of Elgin and the Village of Sleepy Hollow are aware that plans and opportunities for development of the aforesaid territory will result in greater demands on transportation services, police and fire protection, utility service and other municipal services; and WHEREAS, it is in the best interest of the City of Elgin and the Village of Sleepy Hollow to plan for such development and to provide for the general welfare of their respective residents by proceeding with expansion of their present municipal boundaries in an orderly and determined fashion; and - WHEREAS, the City of Elgin and the Village of Sleepy Hollow are "units of local government" as defined by Article VII, Section 1, of the Constitution of the State of Illinois; and WHEREAS, the City of Elgin is also a "home rule" unit within the meaning of Article VII, Section 6 of the Constitution of the State of Illinois; and - - WHEREAS, units of local government are authorized to enter into agreements among themselves to "exercise, combine or transfer any power or =function, in any manner not prohibited by law or ordinance"; and - WHEREAS, the establishment of logical municipal boundaries and areas of municipal authority between municipalities is a powerorfunction authorized by the Constitution of the State of Illinois; and . ' V WHEREAS, the City of Elgin and the Village of Sleepy Hollow have authorized, by duly passed resolution, the execution of this agreement, as an exercise of intergovernmental cooperation. Now, therefore, in consideration of the'mutual promises contained herein, it is hereby agreed between the City of Elgin and the Village of Sleepy Hollow, as follows: - • 1. That the boundary line between the City of Elgin and the Village of Sleepy Hollow, for municipal government planning, subdivision control and municipal purposes shall be as follows: Commencing at the intersection of the South Line of Section 24, Township 42 North, Range 7 East of the Third Principal Meridian and the East right-of-way line of the Chicago and North Western Railroad; thence Easterly along the aforesaid South Line of Section 24 to the Northerly right-of-way of the Northwest Tollway; thence Southeasterly along the Northerly right-of-way of the Northwest Tollway to the North South Centerline of Section 35, Township 42 North, Range 8 East of the Third Principal Meridian; thence Northerly along the East West Centerline of the Easterly Line of Section 35, a Distance of 1,100 feet more or less; thence Southeasterly a Distance of 1,400 feet more or less; thence Northeasterly a Distance of 640 feet more or less; thence Southeasterly a Distance of 220 feet more or less; thence Northeasterly a Distance of 300 feet more or less; thence Southeasterly a Distance of 250 feet more or less to the Centerline of State Route 31. • The aforesaid boundary line is depicted on the map attached hereto, marked as Exhibit A, and incorporated by reference herein as if fully set forth. 2. That the City of Elgin and the Village of Sleepy Hollow hereby agrees that neither will act to annex or exercise any zoning authority or subdivision control authority beyond the corporate boundary established in this agreement except as specified herein or upon subsequent joint written agreement, duly authorized by the corporate authorities of the parties. • 3. Nothing herein shall be construed so as to limit the right of either the City of Elgin or the Village of Sleepy Hollow to object to any proposed rezoning within one and one-half miles of their respective corporate limits. 4. The City of Elgin and the Village of Sleepy Hollow further agree that each will actively oppose any attempt to effect involuntary annexation to its respective municipality which would have the effect of altering the corporate boundaries established under this agreement. S. In the event that either the subdivision control authority of the City of Elgin or of the Village of Sleepy Hollow cannot be exercised on its side of the boundary established by this agreement because it is not located within one and one-half miles of a proposed subdivision, and if the other municipality is located within one and one-half miles of said subdivision, then, in such circumstances, the City of Elgin and the Village of Sleepy Hollow each hereby transfer their subdivision control authority to the other municipality pursuant to Section 10, Article VII of the Constitution of the State of Illnois, to the end that subdivision control can be in effect. 6. This agreement will remain in full force and effect until amended or altered by the mutual agreement of the respective corporate authorities of the parties to this agreement. 7. An executed copy of this agreement shall be filed with the Recorder of Deeds of Kane County, Illinois. IN WITNESS WHEREOF the parties have hereunto set their hands and seals this day of , 1975. CITY OF ELGIN • BY Mayor Attest: City Clerk - . . --. - VILLAGE OF SLEEPY HJLLOW By President Attest: CityClerk • 1•;;