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IGA Municipal Water System Interconnection- Westmont 02-26-1985 MUNICIPAL WATER SYSTEM INTERCONNECTION AGREEMENT THIS AGREEMENT made this 26th day Of February YY—, 1985, by and between the VILLAGE OF WESTMONT, ILLINOIS, an Illinois corporation, with offices at 31 West Quincy Street, Westmont, Illinois, (hereinafter referred to as "Westmont") and the VILLAGE OF OAK BROOK, ILLINOIS, an Illinois corporation, with offices at 1200 Oak Brook Road, Oak Brook, Illinois (hereinafter referred to as "Oak Brook") , concerning an emergency water main interconnection between the water systems owned and operated by Westmont and Oak Brook respectively; WITNESSETH: WHEREAS, Westmont and Oak Brook are authorized by Article VII, Section 10 of the Illinois Constitution of 1970 to exercise jointly their powers and functions in any manner not prohibited by law or ordinance; and WHEREAS, Westmont and Oak Brook operate independent water pumping, treatment and distribution systems; and WHEREAS, Westmont and Oak Brook have found it necessary and desirable to enter into this Agreement to provide for interconnection for emergency transport of water between the two water systems; and WHEREAS, the water systems of Oak Brook and Westmont have been interconnected near the intersection of 35th Street and St. Stephens Green in accordance with the plan attached hereto as �1 Exhibit "A" , said plan being Sheet 2 of 5 entitled Master Utility Plan dated 8/05/83 and last revised 10/20/83. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein set forth, the sufficiency of which is mutually acknowledged, the parties hereto agree as follows: 1. The interconnection valve as depicted on Exhibit "A" , shall be opened only in the case of an emergency and then only by the mutual consent of the Village Managers of Westmont and Oak Brook or their authorized agents. An emergency is: A. Unforseen malfunctions of equipment, including pumps, treatment equipment, water mains, sudden loss of a well, or any equipment malfunction which would make it difficult or impossible for a Village to adequately maintain service to all or a part of its customers and, at the same time, maintain adequate reserves for firefighting purposes. B. Unforseen, heavy demands on water supplies due to a major fire or an act of God. C. Water requirements due to scheduled maintenance and as approved, in advance, by both Villages through their respective Village Managers. An emergency is not: (1) A general water shortage. (2) Failure by either Village to properly expand or improve its water and delivery system in conformance with growth development of the territory being served. The interconnection valve shall be closed as soon as the -2- emergency is past. The Village receiving a request to furnish water shall retain the right to deny or limit said request if, to grant said request would create a water shortage or reduction in quality of water for its own customers. 2. Oak Brook and Westmont shall each own one (1) key to operate the interconnection valve. 3. Westmont and Oak Brook agree that each has plenary rights of access to the interconnection valve and vault designated on Exhibit "A" . 4. In the event that the interconnection valve and water main are operating and water flowing there-through, the party hereto furnishing the water may charge the other at its normal in-town rate for the estimated volume of water provided which shall be paid by the party receiving such water. In the event that one or both parties agree to provide a meter near the interconnection valve, the cost of said meter and its installation shall be borne equally by Westmont and Oak Brook and shall be utilized for the measurement of any water billed as set forth above. S. Maintenance costs for the interconnection valve and vault shall be paid equally by Oak Brook and Westmont. Oak Brook and Westmont shall be jointly responsible for the determination of need for and the performance of said maintenance on the interconnection valve and vault, and the party performing such maintenance shall be reimbursed by the other for one-half of the actual incurred costs within thirty (30) days of the presentation -3- by the party performing such maintenance. Each Village shall reimburse the other for its share of every maintenance cost including, but not limited to, labor, engineering, equipment (at State of Illinois, Department of Transportation equipment rental rates) and material costs. A statement of maintenance costs shall be prepared by the community doing the work and presented to the other community for prompt reimbursement. Each community's water superintendent or his authorized representative shall notify the other community's water superintendent or his authorized representative regarding possible maintenance requirements prior to undertaking such maintenance. 6. The point of separation of ownership of water mains shall be at the point of connection with the interconnection valve in the vault. Westmont shall own the water main on the south side of the interconnection valve and Oak Brook shall own the water main on the north side of the interconnection valve. Each Village shall be responsible for operation and maintenance of that part of the interconnecting water main on its side of the interconnection valve. 7. Each party agrees to prevent excessive use and waste of water and to notify the Water Department of the other party immediately in the event of a ruptured line involving water supplied by either party. 8. Each party agrees to keep its water system free from bacteria and contamination and will sample in accordance with the EPA rules for Public Water Supplies and provide copies of EPA required test results to the other party upon request. Each party -4- will regularly survey for illegal cross connections and possible sources of contamination. Each party agrees to rechlorinate the water, if necessary, to maintain a proper chlorine residual pursuant to EPA standards in its respective system. 9. Any violation of any provision of this agreement shall be considered a default and can result in the shutting off of water within a reasonable period of time after written notice has been delivered to the office of the respective Village Manager. Each party shall have free access to the interconnection valve and vault and all other facilities provided for herein for the purpose of shutting off water and for the purpose of reading meters, if any, or testing same. 10. Neither party will be responsible for damages for any failure to supply water or for interruption of the water furnished. Each party will carry product liability, workmen's compensation, and other such insurance or self-insurance necessary to protect it in the operation of its water distribution system. Said insurance coverage shall hold the other party harmless for any claims against the other party arising out of any action or inaction of that party in the distribution and/or sale of water provided by the other party. 11. This agreement is not assignable or transferable. 12. Any written notice required hereunder shall be served by personal delivery or by deposit in the United States mail with postage properly prepaid, and properly addressed to the offices of the other party as listed above, and shall be deemed served three (3) days after delivery or depositing in the United States mail as -5- aforesaid. VILLAGE OF WESTMONT VILLAGE OF OAK BROOK ATTN: VILLAGE MANAGER ATTN: VILLAGE MANAGER 31 W. Quincy Street 1200 Oak Brook Road Westmont, IL 60559 Oak Brook, IL 60521 13. This agreement represents the entire agreement between the parties. 14. This agreement shall continue in effect for five (5) years. This agreement may be terminated by 180 days written notice by either party or sooner by mutual agreement, and if not terminated, shall continue in full force and effect for succeeding periods of five (5) years each. IN WITNESS WHEREOF, the parties hereto have affixed their respective signatures and seals this 26th day of _February 19�. VILLAGE OF WESTMONT, A Muni r pal Corpora ion BY: Vi1 age a a T ATTE Village Clerk VILLAGE 0 OAK BROOK, A Munic ' Corp a ion /,- BY: Village Presi d ent- a ATTEST: Village Clerp -6- G�OF Oqk e j OF'r-FICIAL FILE C�COUNTy,•�. LIAR 1 1985 VILLAGE OF OAK B R O O&GE OF OAK BROOK, IL. 1200 OAK BROOK ROAD ADMINISTRATION OAK BROOK, ILLINOIS 654-2220 February 28, 1985 Harlan Spiroff Village Manager Village of Westmont 31 West Quincy Westmont, Illinois 60559 RE: Municipal Water System Interconnection Agreement Dear Harlan: I am pleased to enclose an original executed copy of the agreement between Westmont and Oak Brook concerning the interconnection of our water system specified therein. This agreement was approved by the Village Board at its meeting of February 26, 1985, and has been appropriately executed by the Village President and Village Clerk. We appreciate the cooperation we have received from Westmont, which this agreement evidences. Sincerely, Jo H.J Brechin Village Manager JHB/ko enclosure VILLAGE OF OAK BROOK Minutes -3- February 26, 1985 ROLL CALL VOTE: Ayes: Trustees Imrie, Listecki, Maher, Philip, Rush, Watson and President Cerne. Nays: None So ordered. D. Rep ;t of Activities: 1. Finance & Library: Trustee Rush - 1985/86 Budget to be reviewed at the Committee-of-the-Whole Meeting of March 11, 1985. 2. Personnel: Trustee Watson No report. 3. Public Safety: Trustee Listecki - Fire Department Tele-Squirt Pumper will soon be in service. 4. Public Works & Traffic: Trustee Imrie No report. 5. Sports Core: Trustee Philip - Mailings to residents for the 1985 Season Sports Core membership have been sent. 6. Zoning & Planning: Trustee Maher -Commended the Plan Commission and Zoning Board of Appeals' members for their professional manners. VI FEW BUSINESS: A. Nat6ma Assessment Plat - (1425 Kensington Road)_ Proposed plat recognizes a single lot of 14.25 acres. Trustee Maher moved, seconded by Trustee Listecki. . . To approve Natoma Assessment Plat subject to the modifications required by the Engineering Department outlined in memo dated February 21, 1985, and that the Village Attorney prepare the necessary resolution. VOICE VOTE: All present, in favor. So ordered. B. Water Service Request - Marriott Corporation - Courtyards" Request for service for a 148 room motel of approximately 80,000 square feet located on a 4.5 acre parcel East of Meyers Road, North of Butterfield Road, and West of TransAm Plaza Drive, Oakbrook Terrace. Property is subject to annexation to the City of Oakbrook Terrace and is outside the Village limits, the accredited area of the Oak Brook Utility Company and the Oak Brook service area. Trustee Imrie moved, seconded by Trustee Maher.. . To authorize the Village President and Village Clerk to execute the Agreement with Marriott Corporation for water service to the subject property at two (2) times the water service connection fees and meter charges. ROLL CALL VOTE: Ayes: Trustees Imrie, Maher, Philip, Rush, Watson and President Cerne. Nays: Trustee Listecki. So ordered. C Munici al Water S stem Interconnection A reement - (Westmesnt/Oak Brook Proposed agreement concerns an emergency water main interconnection between the water systems of the muncipalities of Westmont and Oak Brook. Trustee Imrie moved, seconded by Trustee Rush. . . To approve the Municipal Water System Interconnection Agreement as presented and authorize the Village President and Village Clerk to affix their signatures thereon. ROLL CALL VOTE: Ayes: Trustees Imrie, Listecki, Maher, Philip, Rush, Watson and President Cerne. Nays: None So ordered. VILLAGE OF OAK BROOK Minutes -3- February 26, 1985 V",-