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R-747 - 05/23/2000 - AGREEMENT - Resolutions Supporting Documents�h i k4l,t VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 -2255 DATE: May 19, 2000 TO: SUBJECT: Village President and Board of Trustees ge PHONE: 630 990 -3000 FAX- 630 990 -0876 Temporary Water Service - Lincoln Properties - Oakbrook Terrace RECOMMENDATION: That the Village Board approve the following resolutions, approving and authorizing execution of the following agreements: 1. An intergovernmental agreement concerning the construction and operation of a joint facility and interim and emergency water deliveries among the City of Oakbrook Terrace, the Village of Oak Brook and the DuPage Water Commission. 2. An intergovernmental agreement between the City of Oakbrook Terrace, the Village of Oak Brook and Lincoln- Oakbrook Terrace I and II LLC's for Lake Michigan water through a second interconnection. 3. An intergovernmental agreement between the City of Oakbrook Terrace and the Village of Oak Brook for interconnection of municipal systems. Attached are the agreements necessary to accomplish temporary water service to Lincoln Properties' two new office buildings (located near Butterfield Road and Trans Am Plaza Drive) pursuant to the arrangement we have described to the Board on several occasions over the past three months. Oakbrook Terrace is pursuing a second DuPage Water Commission connection on Butterfield Road near the Lincoln site, which will ultimately serve Lincoln and other future Oakbrook Terrace customers in the western portion of the City. The temporary service arrangement involves connecting the new mains being built toi serve the Lincoln buildings to the Oak Brook system at Trans Am Plaza Drive (using a standard emergency interconnection configuration) and serving the Lincoln buildings through that interconnection for a period of time. The arrangement also provides for delivery to the Oak Brook system of additional water, should we need it in order to avoid impact on Oak Brook customers, through the existing interconnection on Midwest Road. Oakbrook Terrace will be obligated to deliver such water, if requested, in an amount at least equal to that taken by Lincoln. Finally, the second interconnection will be constructed at no cost to the Village and will continue to exist after the temporary service arrangement ceased. Village President and Board of Trustees May 19, 2000 Page 2 The first agreement, among the DuPage Water Commission, Oakbrook Terrace and Oak Brook, relates prnmanly to the second Oakbrook Terrace DuPage Water Commission connection, but also governs temporary use of the two interconnections for the purpose of getting water to Lincoln. Water delivered through the second interconnection will be treated as water purchased by the City from the Commission. Water delivered through the first interconnection will be treated as water purchased by the Village from the Commission. I The selcond agreement, between Oakbrook Terrace, Oak Brook and Lincoln, governs the temporary supply arrangement including limitations on our obligation to deliver water; particularly in the event Oakbrook Terrace is unable to provide us with additional water through the first interconnection. The second Oakbrook Terrace DuPage Water Commission connection is expected to be in operation within a year. The interim arrangement will end at that time. The third agreement, between Oakbrook Terrace and Oak Brook, governs the ongoing operation of the second interconnection (similar to the existing agreement that governs the first interconnection). Cooperating with the City of Oakbrook Terrace in this way is consistent with Oak Brook's interest in seeing a viable water utility developed in Oakbrook Terrace and protects the Village against adverse impacts. In addition, it will provide a second emergency interconnection at no cost to the Village. The resolutions appear on the Active Agenda for your meeting on May 23. z 4,exwz� - Stephen B. Veitch Village Manager /sv Attachments 3) RESOLUTION #2000- AG -WA -EX 1 -R -747 A RESOLUTION RES 00- AG -wA- � APPROVING AND AUTHORIZING THE EXECUTION OF AN Ext -R -747 INTERGOVERNMENTAL AGREEMENT CONCERNING THE AGREEMENT CONSTRUCTION AND OPERATION OF A JOINT FACILITY H2O DELIVERY AND INTERIM AND EMERGENCY WATER DELIVERIES OB TERRACE & AMONG THE CITY OF OAKBROOK TERRACE, THE DP WTR COMM VILLAGE OF OAK BROOK AND THE DuPAGE WATER COMMISSION: Oakbrook Terrace is pursuing a second DuPage Water Commission connection on Butterfield Road near the Lincoln site, which will ultimately serve Lincoln and other future Oakbrook Terrace customers in the western portion of the City. The temporary service arrangement involves connecting the new mains being built to serve the Lincoln buildings to the Oak Brook system at TransAm Plaza Drive (using a standard emergency interconnection configuration) and serving the Lincoln buildings through that interconnection for a period of time. The arrangement. also provides for delivery to the Oak Brook system of additional water, should the Village need it in order to avoid impact on Oak Brook customers, through the existing interconnection on Midwest Road. Oakbrook Terrace will be obligated to deliver such water, if requested, in an amount at least equal to that taken by Lincoln. Finally, the second interconnection will be constructed at no cost to the Village and will continue to exist after the temporary service arrangement ceased. The first agreement, among the DuPage Water Commission, Oakbrook Terrace and Oak Brook, relates primarily to the second Oakbrook Terrace DuPage Water Commission connection, but also governs temporary use of the two interconnections for the purpose of getting water to Lincoln. Water delivered through the second interconnection will be treated as water purchased by the City from the Commission. Water delivered through the first interconnection will be treated as water purchased by the Village from the Commission. The second agreement, between Oakbrook Terrace, Oak Brook and Lincoln, governs the temporary supply arrangement including limitations on our obligation to deliver water; particularly in the event Oakbrook Terrace is unable to provide us with additional water through the first interconnection. The second Oakbrook Terrace DuPage Water Commission connection is expected to be in operation within a year. The interim arrangement will end at that time. VILLAGE OF OAK BROOK Minutes N111A Page 4 of 7 May 23, 2000 The third agreement, between Oakbrook Terrace and Oak Brook, governs the ongoing operation of the second interconnection (similar to the existing agreement that governs the first interconnection). Motion by Trustee Savino, seconded by Trustee Caleel, to approve Resolution #2000- AG -WA -EX 1 -R -747, "A Resolution Approving and Authorizing the Execution of an Intergovernmental Agreement Concerning the Construction and Operation of a Joint Facility and Interim and Emergency Water Deliveries Among the City of Oakbrook Terrace, the Village of Oak Brook and the DuPage Water Commission," as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Butler, Caleel, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 1 - Trustee Craig. Motion carried. 4) RESOLUTION #2000- AG -WA -EX 1 -R -748 A RESOLUTION RES 00- AG -WA- APPROVING AND AUTHORIZING THE EXECUTION OF AN EXI -R -748 INTERGOVERNMENTAL AGREEMENT BETWEEN THE AGREEMENT CITY OF OAKBROOK TERRACE THE VILLAGE OF OAK H2O INTERCON BROOK AND LINCOLN - OAKBROOK TERRACE I & II LLC'S OB TERRACE & FOR LAKE MICHIGAN WATER THROUGH A SECOND LINCOLN - INTERCONNECTION: OB TERRACE Motion by Trustee Savino, seconded by Trustee Caleel, to approve Resolution #2000- AG- WA -EXl -R -748, "A Resolution Approving and Authorizing the Execution of an Intergovernmental Agreement Between the City of Oakbrook Terrace, the Village of Oak Brook and Lincoln - Oakbrook Terrace I and II, LLC's for Lake Michigan Water through a Second Interconnection," as presented and waive the full reading thereof. ROLL CALL VOTE. Ayes: 5 - Trustees Butler, Caleel, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 1 - Trustee Craig. Motion carried. 5) RESOLUTION #2000- AG -WA -EX 1 -R -749 A RESOLUTION RES 00- AG -WA- APPROVING AND AUTHORIZING THE EXECUTION OF AN EXI -R -749 INTERGOVERNMENTAL AGREEMENT BETWEEN THE AGREEMENT CITY OF OAKBROOK TERRACE AND THE VILLAGE OF MUNICIPAL OAKBROOK FOR INTERCONNECTION OF MUNICIPAL H2O SYSTEMS WATER SYSTEMS: OB TERRACE Motion by Trustee Savino, seconded by Trustee Caleel, to approve Resolution #2000-AG-WA-El-R-749, "A Resolution Approving and VILLAGE OF OAK BROOK Minutes Page 5 of 7 May 23, 2000 PJ