80-0611 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
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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
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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:
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(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
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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.
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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
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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
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•
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
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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
•
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