S-781 - 09/13/1994 - WATER - Ordinances ORDINANCE 94-WA-S-781
AN ORDINANCE ESTABLISHING THE POLICY OF THE
VILLAGE OF OAR BROOK
WITH RESPECT TO PROVISION OF WATER SERVICE TO AREAS OUTSIDE
THE VILLAGE OF OAK BROOK
WHEREAS, the Village of Oak Brook (the "Village") operates a public
potable water supply system (the "System") serving substantially all of the
Village as well as certain areas outside the Village; and
WHEREAS, in 1978 the Village purchased the waterworks and other fixed
assets of the Oak Brook Utility Company, which formerly operated a potable
water supply system within the Village and certain areas outside the Village;
and
WHEREAS, the Village serves those areas outside the Village limits which
are located within the accredited area formerly served by the Oak Brook
Utility Company (the "Accredited Area") on essentially the same basis as the
area within the Village limits; and
WHEREAS, pursuant to separate contracts previously approved by the
President and Board of Trustees (the "Village Board") , the Village also serves
certain areas outside the Village limits and outside the Accredited Area;
and
WHEREAS, the System supplies Lake Michigan water purchased from the
DuPage Water Commission (the "Commission") ; and
WHEREAS, the amount of water which is available to the System from the
Commission is limited pursuant to Lake Michigan Allocation Permit No. 134,
issued to the Village by the Illinois Department of Transportation, Division
of Water Resources on March 13, 1990 (the "Allocation") , and by the Water
Purchase and Sale Contract between the Village and the Commission dated
June 11, 1986 (the "Contract") ; and
WHEREAS, the System's demand for water has exceeded its maximum hourly
entitlement under the Contract on numerous occasions since the inception of
Lake Michigan water delivery in 1992; and
WHEREAS, the policies of the Commission provide for entities in
possession of Allocations to contract with existing customers of the
Commission to receive water through their water systems rather than through
direct connection to the Commission's system ("Wheeling Agreements") ; and
WHEREAS, the ability of the System to serve additional users outside the
Village and not within the Accredited Area is limited by the distribution and
storage facilities existing within the System as well as by the Allocation and
Ordinance 94-WA-S-781
Water Service to Areas Outside
the Village of Oak Brook
Page 2
Contract; and
WHEREAS, limitations in the System's storage and distribution facilities
are particularly acute in the area west of Illinois Highway 83; and
WHEREAS, the Board finds that it is necessary and desirable to state its
policy concerning applications for water service to areas outside the Village
and not within the Accredited Area, in order to maintain properly its system
for present customers and future customers within the Village and the
Accredited Area;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as
follows:
Section 1: That it is the general policy of the Village Board to not
approve applications to furnish water to areas outside the Village and not
within the Accredited Area, except as provided in Section 2 hereof.
Section 2: That the Village Board may consider, on a case by case basis,
applications to furnish water to individual applicants located on single lots
of record as of the date of adoption of this Ordinance, outside the Village
and not within the Accredited Area, and abutting an existing System main, and
may direct the Village Attorney to prepare a Water Service Agreement for the
Village Board's consideration, provided that the Board finds, on the basis of
a report from the Village Manager, that approval of such application will not
have a substantial impact on the ability of the System to serve the present
and future needs of its customers within the Village and the Accredited Area
and, further, that the applicant agrees to be bound, in addition to the
standard provisions of the Water Service Agreement, by the following
additional restrictions:
A. That service be provided only to the lot of record, which must be in
existence as of the date of adoption of this Ordinance, which abuts
directly the System main.
B. That there be no outdoor use of water for landscaping or any other
purpose except firefighting.
C. That plans for domestic and fire connections are subject to the
review and approval of the Village Engineer and the Building Commissioner
of the Village.
D. That the applicant reimburse the Village for any and all costs,
including personnel costs, which it may incur in the future in connection
with enforcement of the Water Service Agreement or applicable ordinances
of the Village.
Ordinance 94-WA-S-731
Water Service to Areas Outside
the Village of Oak Brook
Page 3
Section 3: That given the limitations of the System's water storage and
distribution facilities west of Illinois Highway 83, the Village Board will
strictly scrutinize any applications for water service agreements in that
area.
Section 4: That it is the policy of the Village Board not to entertain
requests to serve areas which are outside the Village and not within the
Accredited Area, but which possess Allocations of Lake Michigan water, through
Wheeling Agreements.
Section 5: That the Village Board will favorably consider requests for
the transfer of customers located outside the Village to other water
utilities, pursuant to applicable law and provided that the Village Board, in
its sole discretion, finds that such transfer is in the public interest and in
the best interests of the Village.
Section 6: That all ordinances or resolutions or parts of ordinances and
resolutions in conflict with this Ordinance including, specifically, the water
service area description and related service policy and procedure dated
November 21, 1978 and approved by the Village Board on December 12, 1978, and
the Village of Oak Brook Service Area map dated May 24, 1979, are hereby
repealed.
Section 7: That this Ordinance shall be in full force and effect from
and after passage, approval and publication as provided by law.
PASSED THIS 13th day of September , 1994.
Ayes: Trustees Calzaretta, Kenny, McInerney and Payovich
Nays: Trustee Bartecki
Absent: Trustee Shumate
Abstain: None
APPROVED THIS 13th day of September , 1994.
Village President
Ordinance 94-WA-S-781
Water Service to Areas Outside
the Village of Oak Brook
Page 4
ATTEST:
Village Clerk
Approved as to Form:
>/ `t
Village Attorney
Published 9-14-94 Pamphlet form
Date Paper
Not Published