93-83Resolution No. 93 -83
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDED CONTRACT FOR SALE OF WATER
BY THE CITY OF ELGIN TO THE VILLAGE OF SLEEPY HOLLOW
WHEREAS, the City of Elgin and the Village of Sleepy
Hollow have heretofore entered into a certain contract for the
sale of water by the City of Elgin to the Village of Sleepy
Hollow; and
WHEREAS, it is necessary and desirable to amend said
contract.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF
THE
CITY OF
ELGIN, ILLINOIS, that Larry
L. Rice, City Manager,
and
Dolonna
Mecum, City Clerk, be and
are hereby authorized
and
directed
to execute, on behalf of the City of Elgin,
an
Amended
Contract for Sale of Water by the City of Elgin to
the
Village
of Sleepy Hollow for the
sale of water, a copy
of
which is
attached hereto and made a
part hereof by reference.
sl George VanDeVoorde
George VanDeVoorde, Mayor
Presented: March 24, 1993
Adopted: March 24, 1993
Vote: Yeas 5 Nays 1
Recorded:
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
A
FEB- 15 -193 MON 12:37 ID:ULG SLEEPY HOLLOW TEL F1O:708 426 4022 #788 P02
AMENDED CONTRACT FOR SALE OF WATER BY THE
CITY OF ELGIN TO THE VILLAGE OF SLEEPY HOLLOW
This contract made and entered into this day
of 414kc y , 1993, 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,
W I T N E S S E T H
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; and
WHEREAS, Elgin and Sleepy Hollow have heretofore
entered into a written contract for the sale of water dated
June il, 1980; and
WHEREAS, Elgin and Sleepy Hollow desire to enter
into an amended agreement for the sale of water.
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
ExgH1217 14
Parge.l. of
O
FEB- 15 -193 MON 12:38 ID:VLG SLEEPY HOLLOW TEL NO:708 426 4082 9788 P03 --
for, water upon the terms and conditions, and for the
consideration as hereinafter set forth$
1. Onantity of Water. During the term of this
contract, Elgin shall provide 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 minimum operating pressure (20 psi) of the Elgin water
system at such points of delivery.
Elgin shall 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
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 twelve (12) 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
Page 2 of 10 m'�
FEB- 15 -193 MON 12:38 ID:VLG SLEEPY HOLLOW TEL NO:708 426 4082 4788 PO4 --
a
restrictions and limitations on water customers connected to
its system served by Elgin water, and shall make every
reasonable effort to publicize and shall enforce such
limitations and restrictions until notified by Elgin that said
limitations and restrictions may be removed. Restrictions may
be imposed by water pressure zones at the discretion of Elgin.
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, water quality after the point of
delivery is the responsibility of Sleepy Hollow,
34 Points of Delivery. The points of delivery of
water from the water supply of Elgin to Sleepy Hollow shall be
at or near the intersection of Randall Road and the southerly
right-of -way of the Northwest Toll Road, and at or near the
intersection of Sleepy Hollow Road and the southerly
right -of -way of the Northwest Toll Road.
Each point of delivery connection to the water
supply system of Elgin shall be subject to the following
conditions, to -wit:
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
Page 3 of 10
an J lD
FEB- 15 -193 MON 12:39 ID:VLG SLEEPY HOLLOW TEL NO:708 426 4082 #788 P05 -
any such approval has been granted in writing, within $ timely
fashion, by the Water operations Director of the City of Elgin.
b. Each connection shall be provided with a
water measuring device meeting Elgin's specifications and
capable of remote reading 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,
as approved by Elgin, in such a manner as to prevent 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,
(if such booster pumps are determined to be necessary by
Sleepy Hollow). Any such metering pit shall be located at or
near the point(s) of delivery (connection) to the water supply
of Elgin (the Elgin water system).
Any 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 immediately upon discovery of any
break, defect, or other malfunction in such improvements and
Page 4 of 10 Page C o to
FEB- 15 -193 MON 12:40 ID:VLG SLEEPY HOLLOW TEL NO:708 426 4082 #788 P06
shall follow -up notification in writing within 24 hours. In
the event Elgin shall detect such break, defect, or
malfunction, it shall notify Sleepy Hollow immediately upon
discovery and shall• follow -up in writing within 24 hours.
Sleepy Hollow shall use its best efforts to repair such
breaks, defects or malfunctions within 24 hours after initial
notification of such break, defect or malfunction and in any
event shall make necessary repairs as promptly as is
practicalt in the event that unincorporated territory
containing such improvements is annexed to Elgin, such
improvements and easements therefor shall be transferred to
Elgin by appropriate instruments and Sleepy Hollow shall have
no further obligation to maintain such improvements.
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; no water shall
be sold by Sleepy Hollow to serve property not within its
current Facilities Planning Area,
4. Measuring EguiPment. 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
Page 5 of 10 t� t
Pug I' a to
FEB- 15 -'93 MON 12:40 ID:JLG SLEEPY HOLLOW TEL NO:708 426 4082 #788 P07 "-
delivered under this contract. Meters will be tested and
calibrated annually and paid for by Sleepy Hollow.
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.
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
residential water rate for each 100 cubic feet of water
Page 6 of 10 f `
Page!
FEB- 15 -'93 MON 12:41 ID:VLG SLEEPY HOLLOW TEL NO:708 426 4082 #?ee P08 - --
delivered through the meters at each point of delivery to
Sleepy Hollowt
in addition Sleepy Hollow shall pay Elgin an
annual water availability 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,
Elgin shall bill Sleepy Hollow for all water
furnished under this agreement bimonthly 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
installation and testing of the aforesaid water main,
In the event that Sleepy Hollow shall bill its
customers more frequently than bimonthly, 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
Page 7 of 10 EXHIBIT
Off
t
9
Page
FED- 15 -193 MON 12:41 ID:ULG SLEEPY HOLLOW TEL NO:708 426 4082 #788 P09 -
ready, willing and able to supply water to Sleepy Hollow to
the extent hereinabove provided for.
Elgin shall not be liable for damages, 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
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 for use outside of its corporate boundaries without
prior written approval of Elgin.
89 Exclusivity. For the term of this agreement,
Sleepy Hollow will not purchase water from any other water
purveyor unless agreed to in writing as an addendum to this
agreement. In the event that Elgin is unable to deliver
water, this provision shall not apply during the period of
such nondelivery.
9. 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
Page 8 of 10W'a________
;gig � ��
FEB- 15 -193 MON 12:42 ID:VLG SLEEPY HOLLOW TEL h10:708 426 4082 #73e P10
conditions and rate adjustments, it any, which may be then
agreed by and between sleepy Hollow and Elgin.
10. Modification. This contract may be amended only
with the consent of the governing bodies of both Elgin and
Slespy,Hollow.
ll. Hold Harmless, Sleepy Hollow and Elgin mutually
agree to hold and save each other 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.
12. 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.
13. 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 of
provisions of this contract shall not be affect thereby.
144 Termination of Prior Agreement. The terms of
this amended agreement shall supersede and replace the water
contract between Elgin and Sleepy Hollow executed on June 11,
MI:I�l�
Page 9 of 10�a�'�
�� -
FEB- 15 -'93 MON 12:43 ID:ULG SLEEPY HOLLOW TEL NO:70e 426 4052 47ee P11
IN WITNESS WHEREOF, the parties hereto acting under
the authority granted by their respective governing bodies
have caused this contract to be duly executed in several
counterparts, each of which shall constitute an original, all
as of the date and year first above written.
Attest:
village C akr
CITY OF ELGIN, an Illinois
Municipal Corjration
0
VILLAGE OF SLEEPY HOLLOW, an
Illinois Municcipal Corporation
By ( E Lc� C 4 ✓a
301
Agenda Item Ncl
March 17, 1993
TO: Mayor and Members of the City Council
FROM: Larry L. Rice, City Manager
SUBJECT: Approval of Water and Boundary Agreements with
Sleepy Hollow
At the Committee of the Whole meeting last time, the
Council approved by a 5 -2 vote the attached water and bounda-
ry agreements with Sleepy Hollow. As noted in the attached
letter to Sleepy Hollow Trustee Dan Johnson, a couple of
minor ministerial adjustments were made in the boundary agree-
ment subsequent to your earlier approval and prior to final
signatures by Village President Theresa Peterson. The docu-
ments are now ready for final City Council approval and signa-
ture by the Mayor_.,
Larry L Rice, Cites Manager
LLR:amp
Attachments
1 TELEPHONE 708/931 -6100
FAX 708/931 -5610
Ln
FOR HEARING IMPAIRED
- TOO 706/931 -5616
CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120.5555
March 11, 1993
Mr, Dan Johnson, Trustee
Village of Sleepy Hollow
One Thoroughbred Lane
Sleepy Hollow, IL 60118
RE: Water and Boundary Agreements
Dear Dan:
Last evening at its regular meeting, the City Council ap-
proved the proposed water and boundary agreements which we
have worked on over the past months and which were approved
by the Village Board of Sleepy Hollow recently. The final
action by the City Council will be the formal approval at its
next regular meeting on March 24th.
Attached are the two agreements (I have kept the enact-
ing resolutions which are signed) for Theresa's signature
prior to the 24th meeting so that George VanDeVoorde can sign
on our behalf and return a completed copy of each to you.
Please note the ministerial corrections made on the
boundary agreement which are highlighted in yellow. On page
4 the date has been corrected for your comp plan amendment
adoption, and somehow the term of the agreement which I think
we have all assumed is for 20 years based upon state statute
and the water agreement was left out of the earlier ver-
sions. It is inserted in this one. Assuming these two chang-
es are agreeable, please ask Theresa to sign two originals of
each and return to us by next Thursday, March 18th, for our
agenda mailing.
Thanks.
sincer%ply,
L, ry Ir RiZ
City Manager V
LLR:amp