84-0515 Bartlett Water , 1 8q-OS15
CONTRACT FOR SALE OF WATER BY i
CITY OF ELGIN TO THE VILLAGE OF :A 'TLETT
This contract made and entered into this (e day of N1A ti
1984, by and between the City of Elgin (hereinafter called "Elgin") , an
Illinois Municipal Corporation, and the Village Of Bartlett (hereinafter called
"Bartlett") , an Illinois Municipal Corporation,
WITNESSETH
WHEREAS, in order to properly safeguard and promote the health,
welfare and well-being of its residents, Bartlett desires to purchase water
from Elgin for distribution and sale by Bartlett ,to residential, business and
industrial water customers; and
WHEREAS, Elgin is willing to furnishw$ter to Bartlett and expects
to have available water in quantities hereinafter contracted to be sold by
it to Bartlett for a thirty-five year period.
NOW, THEREFORE, in consideration of the mutual covenants and agree-
ments herein contained, Elgin agrees to furnish liad sell, and Bartlett agrees
to receive, and pay for, water upon the terms and conditions, and for the
consideration as hereinafter set forth:
1. Water to be Supplied
A. Subject to the provisions and limitations stated herein,
Elgin agrees to tender and sell to Bartlett, at formal operating pressure and
at metering points hereinafter specified, water in the volume required or
desired by Bartlett.
B. Water to be delivered at the point of metering by Elgin and
received by Bartlett 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.
2. Limitation on Water Use
A. In the event that it becomes necessary for Elgin to limit
its delivery of water to its customers, Bartlet6hall be entitled to receive
during such a period of scarcity its prorata share of water available as
determined by the proration which the volume of water used by Bartlett during
the last preceding six (6) month period (or, if Bartlett has been using water
for less than six (6) months, during whatever time period Bartlett has used
Elgin water) bears to the volume of water used bb the other customers of Elgin
for the same period. As used in this agreement, customers shall include all
residential, commercial, industrial and municipal purchases of water from
Elgin regardless of whether they are located within or outside of Elgin's
corporate boundary.
B. Except for emergency situations; Bartlett shall use the
water purchased from Elgin pursuant to this agreement to meet the needs of
the residential, commercial or industrial establishments within the corporate
limits of Bartlett only.
3. Points of Connection and Metering
A. There shall be three (3) points', of connection from the water
supply of Elgin to Bartlett which shall be located as shown on Exhibit A, (which
is attached hereto and made a part hereof) unless otherwise provided in this
agreement or in any subsequent agreement between ''the parties. Connections shall
be to the Elgin watermains as designated below:
Points of Connection Elgin Watermain and Timing of Connection
Point 1 Existing twelve W") watermain north of Bluff
City Boulevard, so4th of U.S. 20 to be connected
not later than Jani4ary 1, 1986.
Point 2 Existing twelve inch (12") watermain on West
Bartlett Road apprcpximately 2500 feet east of
Gifford Road to be ',connected not later than
January 1, 1989.
Point 3 Existing twenty-foir inch (24") watermain on
Summit Street approximately 250 feet east of
Hunter Drive to be 1,connected not later than
January 1, 1994.
B. The anticipated connection dates are estimates only; however,
the sequence of connection shall be as specified ''above. Provided further,
however, notwithstanding the foregoing, Bartlett may, at its option, eliminate
points of connections 1 and/or 2 (and thus also eliminate metering Points 1
and/or 2) and connect to Point 3 at any time aftr execution of this agreement.
When the connection is made at Point 3 the valve ,at metering Points 1 and 2
shall be closed and these connections, if established, shall serve as emergency
connections only and shall not be used for normal. service.
C. There shall be three points of 'metering which will measure
the rate and quantity of water transferred to the Bartlett water system. These
points of metering shall be located as shown on Ixhibit A, unless modified
pursuant to this agreewnt or in any subsequent agreement between the parties.
4. Construction of Watermains
A. Bartlett agrees to cause at it$ sole expense all work and
improvements necessary to construct and install necessary watermains from
Bartlett to and including a connection at the points of connection specified
above. The construction of the watermain shall include the installation of
such devices and appurtenances as are necessary and usual and customary for
a complete system. The size and path of the watermains to be constructed
between the points of metering and the points oftonnection shall be in sub-
stantial conformance with Exhibit A.
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B. Elgin agrees that to the extent that it may do so lawfully,
it will grant easements to Bartlett over property Elgin may own, and otherwise
cooperate with Bartlett in acquiring necessary easements within the corporate
limits of Elgin and in the unincorporated areas between Bartlett and Elgin, to
provide access to the points of connection and metering. Bartlett shall pay for all costs
incurred in acquiring said easements, including but not limited to compensa-
tion to third parties, title charges, filing fess, legal fees and expenses.
C. The exact location of any connection at the points of con-
nections and the method of effecting such connection to the Bartlett system
shall be subject to the reasonable approval of Elgin and the work of effecting
any such connection shall not be started until such approval has been granted
in writing by the Water Operations Director of the City of Elgin.
D. The watermains between connection Point 1 and metering
Point 1 shall include a twelve inch (12") watermain from connection Point 1
to Point A as shown on Exhibit A; a twelve inch (12") watermain from Point B
to Point A as shown on Exhibit A; and a sixteen inch (16") watermain from
Point A to the point of metering #1 as shown on xhibit A. This will result
in the looping of the Elgin system between the existing twelve inch (12")
watermain located near Bluff City Boulevard (connection Point 1) and the
twelve inch (12") watermain located east of Lovell Road and north of U.S. 20
as shown on Exhibit A. Such looping is necessary to provide sufficient water
pressure at point of metering #1 to meet the needs of Bartlett pursuant to
this agreement.
E. Elgin may request that Bartlett oversize any of the water-
mains shown on Exhibit A to a size larger than that shown on said exhibit.
Bartlett shall cause said oversizing to be inclijded in the plans and construc-
tion of the watermain affected. Elgin shall pay the costs and expenses of
said oversizing and in no event shall Bartlett' costs or expenses be increased
due to said oversizing. The parties agree that ,they shall endeavor to cooperate
in the planning and construction of said oversied watermain.
F. Notwithstanding the foregoing Elgin may decide to extend
the existing twelve inch (12") watermain on West Bartlett Road (connection
Point 2) or the existing twenty-four inch (24") I,watermain on Summit Street
(connection Point 3) to meet Elgin's need prior 1,to Bartlett's connection as
provided in paragraph 3A. In such case, Elgin Shall cause said watermain to
be oversized to meet the needs of Bartlett as provided in this agreement.
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Bartlett shall pay the costs and expenses of said oversizing. The parties
agree that they shall endeavor to cooperate in the planning and construction
of any extension.
G. In the event Elgin requests the oversizing of the proposed
sixteen inch (16") watermain located on Summit Street (connection Point 3)
pursuant to paragraph 4E or in the event Elgin extends said watermain pursuant
to paragraph 4F, then the point of metering #3 aS shown on Exhibit A shall be
relocated as follows:
i) If the proposed watermain is oversized pursuant to
paragraph 4E the metering Point 3 shall be located at the point on said
watermain where such oversizing terminates.
ii) If the proposed watermain is extended pursuant to
paragraph 4F, the metering Point 3 shall be ', located at the point on
said watermain where such extension terminates.
iii) In the event the proposed iatermain is extended pursuant
to paragraph 4F and Elgin subsequently requests oversizing pursuant to
paragraph 4E then the point of metering #3 $hall be as provided in sub-
paragraph (i) above.
5. Ownership and Maintenance of Waternain
A. The watermains constructed by Bartlett pursuant to this
agreement between the points of metering and the! points of connection and
the "looping" watermains as provided in paragraph 4D shall be owned and
maintained by Elgin. Upon completion, in conformance with the terms of this
agreement, Bartlett agrees to dedicate said watermains and necessary easements
to Elgin and Elgin agrees to accept and maintain same throughout the term of
this agreement.
B. Upon dedication and acceptance, as provided above, Elgin
shall take all steps necessary as far as it may lawfully do so to pass a
recapture ordinance which ordinance shall requirje the owners of property
adjoining said improvement to bear a proportionate share of the cost of an
eight inch (8") watermain in the event that said owners desire to connect
to and use the watermains described above. It is expressly understood that,
although watermains of various sizes will be involved (e.g. , 16 inch and
12 inch) the recapture ordinance shall assess hook on fees for the adjoining
property owner as if an eight inch (8") watermain was constructed and all
costs to such owners shall be determined accordingly. Provided, however,
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nothing in this section shall affect or limit the obligation of Elgin to pay
for oversizing of mains in excess of that shown an Exhibit A pursuant to
paragraph 4E. Provided further, that Bartlett shall not be entitled to
reimbursement for that portion of any watermain extended by Elgin pursuant
to paragraph 4F. The total costs to be included in the recapture ordinances
as well as the actual properties to be included and the proportionate cost
to be assessed to each parcel shall be mutually agreed to by the parties
prior to the passage of the recapture ordinances. Although Elgin agrees to
use its best efforts to collect the costs assessed against adjoining property
owners, it shall not be liable to Bartlett for its failure to collect such
sums.
C. All metering pits, valves and measuring equipment as well
as the watermains extending east of the point of metering to Bartlett shall be
owned and maintained by Bartlett except as proviled in paragraph 6.
6. Measuring Equipment
A. Bartlett shall furnish, install and replace as may be necessary,
at its own expense, at each point of metering, the necessary meter pits, valves,
meters and rate of flow recorders of a standard type reasonably approved by
Elgin, capable of reading and recording the constant rate of flow and daily
quantity and with the capacity of accepting teleOetering equipment to permit
remote reading at a point to be designated by Bartlett for measuring the rate
and quantity of water delivered under this contract.
B. Each point of metering shall be provided with a check valve
to be mounted close to the water measuring device in such a manner as to
prevent the flow of water from Bartlett to Elginl. In addition, valves on
each side of the meter shall be provided as well as a bypass around the meter.
C. For the purpose of this contract, the original record or
readings of the meter or meters shall be the journal or other records of the
Water Department of the City of Elgin. Upon regluest by Bartlett, Elgin shall
furnish Bartlett with a copy of such records or permit Bartlett to have access
thereto during the reasonable business hours.
D. Upon receipt of a written request by either Bartlett or
Elgin, 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 transferred by
Elgin to Bartlett at the point, or points, of metering. Such calibration
shall be done in the presence of a representative of Bartlett and the parties
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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 the reasonable cost thereof shall be paid for by
Bartlett.
E. 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.
F. In the event any meter malfunctions or becomes inoperable
so that it fails to properly register the quantity of water consumed, the
same shall be determined and charges made pursuant to the Elgin Municipal
Code, Section 14.04.250 or its successor.
G. All equipment installed pursuant to this section shall
remain the property of Bartlett.
7. Price and Terms
A. The price to be paid for the flirnishing of water under the
terms of this contract by Bartlett to Elgin shall be calculated by reference
to the Elgin residential user rate for water in effect from time to time, as
hereinafter specified. Bartlett shall pay Elgin 1.25 times the Elgin resi-
dential water rate in effect at the time for each 100 cubic feet of water
delivered through the meters at each point of delivery to Bartlett.
B. In addition Bartlett shall pay Elgin an annual water avail-
ability charge equal to 1.25 times the Elgin water availability charge as
determined pursuant to Elgin Municipal Code, Section 14.04.180 or its successor,
for each meter at each point of delivery based On the size of said meter.
C. Elgin shall bill Bartlett for all water furnished under
this agreement monthly and payments shall be due and payable by Bartlett to
Elgin within twenty-three days from the date ofHbilling.
D. Liability for making payments as above set forth shall
commence on the date of the first tender of delivery and acceptance of water
by Bartlett under this agreement.
8. Minimum Purchase Levels
A. Bartlett agrees to purchase not less than the amount of
water for each year of this agreement as shown below:
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Calendar Minimum Purchase Levels
Year (100 cu ft)
1986 256,200
1987 283,500
1988 310,800
1989 338,600
1990 366,000
1991 $98,200
1992 430,400
1993 462,600
1994 494,800
1995 $27,000
1996 105,100
1997 683,200
1998 761,200
1999 $39,300
2000 917,400
2001 and all years 950,600
thereafter
B. In the event the amount of water actually purchased by
Bartlett pursuant to this agreement fails to equal or exceed the above specified
minimum in any given year, Bartlett shall nevertheless remain liable to pay
for said minimum levels as though said levels were reached and such quantity
of water delivered and received. In the event the minimum purchase levels
are not reached in any year, Bartlett shall pay the difference in cost for
that year between the quantity of water actually purchased and the applicable
minimum quantity of water shown above.
C. Liability for making payment fbr the minimum purchase levels
set forth above shall commence in 1986 and shall continue during each year of
this agreement. It is expressly understood that, water purchases in excess of
the minimum requirement shall not be credited to' or used to offset the minimum
purchase levels in any other year.
D. Notwithstanding the foregoing, in the event Bartlett is ready,
willing and able to accept, receive and purchase sufficient quantities of
water equal to or in excess of the minimum amounts required by the agreement,
but Elgin is unable to tender and sell water to Bartlett in sufficient quantity
during any calendar year to equal to the above described minimum levels, then
Bartlett shall be relieved of the obligation of purchasing and paying for
said minimums. However Bartlett shall in said event be required to pay for
such quantities of water actually delivered by Elgin. Provided, however,
Bartlett shall not be considered "ready, willing and able" as provided above
unless it has operational points of connections, iieters and watermains in accordance
with the terms of this agreement with sufficient capacity to receive and
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transfer to the Bartlett water system an amount of water equal to or greater
than the above specified minimums for any given year.
9. Quantity of Water--Limitation
A. Each point of metering individually and in the aggregate
shall have a maximum permitted flow (hereafter MPF) as hereinafter provided.
The purpose of the MPF is to protect the Elgin water supply system. No
transfer of water from the Elgin water system at the point of metering shall
be permitted in excess of the MPF even if this results in Elgin being unable
to supply water to Bartlett equal to the minimum purchase limits contained in
paragraph 8. Notwithstanding the foregoing, but subject to the limitations
contained in paragraph 8(D) , Bartlett shall remain liable for the minimum
purchase requirements established in paragraph 8, 'it being understood that it
is the responsibility of Bartlett to construct and maintain sufficient points
of connection and metering to permit the transfer from the Elgin water system
of the required minimum or other amounts of water in excess of said minimum
as desired by Bartlett.
Maximum Permitted Flow
Point of Metering MPF/Day MPF/Hour
Point 1 1.01 MGD 750 GPM
Point 2 .72 MGD 550 GPM
Point 3 3.00 MGD 2200 GPM
Any Combination of
Points 1, 2 and 3 3.00 MGD 2200 GP'1
B. Should Bartlett 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 Bartlett, but Elgin shall be under no obligation to agree to an increase
in the maximum volume and rate of delivery herethfore specified herein.
10. Surcharge Imposed
A. In addition to all other charges, Bartlett shall pay a
surcharge, as established herein, in the event that their use exceeds the
following described limits at any single or combination of metering points
for more than 30 consecutive minutes during a day, defined as the period
from 9:00 a.m. of one calendar day until 9:00 a.ln. of the following calendar
day, on three or more days during any calendar year of this agreement
(January 1 through December 31.)
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Surcharge Imposed
If U$e Exceeds the
Following for
Point of Metering 30 Minutes on 3 or More Days
Hereby Defined as Excessive Use
Point 1 750 GPM
Point 2 550 GPM
Point 3 2200 GPM
Any Combination of
Points 1, 2 and 3 2200 GPM
B. The surcharge shall be a sum equal to fifty percent (50%)
of all charges required to be paid by Bartlett pursuant to paragraphs 7 or 8
of this agreement, whichever is applicable, during the calendar year immediately
following the year in which the excessive use as described above occurred.
C. In the event there is a period of excessive use during
the last year of this agreement, and this agreement is not renewed or extended
or a successor agreement entered into providing for the payment of any unpaid
surcharge which may properly be assessed due to 4 period of excessive use
during the last year of this agreement, then Bartlett shall become liable for
and shall pay to Elgin an amount equal to fifty percent (50%) of all charges
required to be paid by Bartlett, pursuant to paragraph 7 of this agreement,
during the twelve (12) month period immediately preceding the termination
or expiration of this agreement. Such payments may be made in equal monthly
installments provided that all surcharges for which Bartlett may become liable
for under this agreement shall be due and payable no later than twelve (12)
months after the expiration or termination of this agreement.
D. The surcharge will not be applicable where the rate limita-
tions are exceeded due to main breaks, or an act of God, provided Elgin Water
Department is notified within 72 hours of each occurrence.
11. Continuity of Service--Conditions
A. From the time that water is tendered for delivery to
Bartlett pursuant to this agreement, Elgin shall, subject to the terms
and conditions of this contract, continually hold itself ready, willing and
able to supply water to Bartlett to the extent of the maximum amount as
hereinabove provided for.
B. Elgin shall not be liable for Hdamages, breach of contract
or otherwise, 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
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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.
12. Term of Contract
This contract shall continue in full force and effect for a
period of thirty-five years from the date hereof.
13. Modification
This contract may be amended, changed or modified only with the
consent of the governing bodies of both Elgin and Bartlett.
14. Hold Harmless
Except for the wilful or wanton acts of Elgin, its officers,
agents and employees, Bartlett agrees to hold and save Elgin harmless from any
and all claims, damages, suits, causes of action and the like which may arise
by virtue of this agreement or for any water sold pursuant to this agreement
by Elgin to Bartlett.
15. Notices
A. All notices or communications as provided for herein shall
be made in writing and shall be either delivered or sent by registered mail
to the office of the Clerk of the addressee.
B. Not less than five years prior to the expiration of this
agreement, the parties shall serve notice on each other of their intent or
willingness to extend the present agreement or to enter into a new agreement.
Nothing, herein, shall obligate or require either party to so extend this
agreement or enter into a new agreement nor shall the failure to serve the
notice as required in this paragraph be considered a breach of, or in any way
extend the obligation or rights of the parties pursuant to this agreement .
16. 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 provi-
sions 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
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executed in several counterparts, each of which shall be constituted an
original, all as of the date and year first above written.
CITY OF ELGIN, an Illinois Municipal
Corporation
By 4
'. a!er
Attest:
VILLAGE OF BARTLETT, an Illinois
Municipal Co '..ration
Of
By #111111 -
Attest: -Attest:
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