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80-93 Sleepy Hollow • t • H ,SO.v r l O1; i 93 A RESOLUTION AUTHORIZING THE PRESIDENT AND CLERK TO SIGN A CONTRACT WITH THE CITY OF ELGIN FOR PURCHASE OF WATER. WHEREAS, the Chairmen of the Planning Commission, the Village Attorney and the Village _:.ngin.;er have negotiate(1 n contract with the City of Elgin for the Village of Sleepy Hollow to purchase water from that City, and; WHEREAS, the City Co-_:neil of Elgin has authorized the signing of that contract; NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Vi1la.ge of Sleepy !lollc•w, (;ane Co'int.y, 17iinois as follows: Section 1 . That. the Pres;tient and Board of Trustee of the Village of Sleepy Hollow hereby authorize the President :.nd Clerk to sign the contract with the City of Elgin for the nurchaso of water from the City of Elgin, os;•T of which Is attacher hereto and made a part hereof; Section 2. That this Lesciut ion shol. - be dr: full f( rte and effect from and f ter its , t• . :01(1 sail' Y ly.' ? :ic(7,rd lid' i , 1:tv. UTE: J YES NAYS ABSEIr A:TEST : 7'- CONTRACT FOR SALE OF WATER BY THE CITY OF ELGIN TO THE VILLAGE OF SLEEPY HOLLOW This contract made and entered into this it day of 6 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 water treatment system including construction of a -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 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 water system at certain points 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 became 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 water use restrictions and limitations on water 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 connection to the water supply system of 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 metering 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 such 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 charge 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 due 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 instaflation and testing of the aforesaid water- main. In the event that Sleepy Hollow shall bill its customer; 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, from 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. A11 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. CI , OF ELG N, an I ino -. Man'cipal Co .ration By _► ..A) r. �.�. . .ger Attest: r City Cler VILLAGE OF SLEEPY HOLLOW, an Illinois M nicipal Corporation, By (1424-4,-e7 ct�z Attest: I ' a \' ►�.. / i age er -7- 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.