IGA Interconnection of Municipal Water System- Elmhurst 11-15-2000 INTERGOVERNMENTAL AGREEMENT
FOR,INTERCONNECTION
OF MUNICIPAL WATER SYSTEM
THIS AGREEMENT made this 15th day of November , 2000,by and
between the CITY OF ELMHURST, an Illinois municipal corporation with offices at 209 North
York Street, Elmhurst, Illinois(hereinafter referred to as "Elmhurst") and the VILLAGE OF OAK
BROOK, an Illinois municipal corporation with offices at 1200 Oak Brook Road, Oak Brook,
Illinois(hereinafter referred to as "Oak Brook") concerning a water main interconnection between
the water systems owned and operated respectively by Elmhurst and Oak Brook,
WITNESSETH:
WHEREAS,Elmhurst and Oak Brook are authorized pursuant to Article 7, Section 10 of the
Illinois Constitution to jointly exercise their powers and functions in any manner not prohibited by
law or ordinance and to enter into intergovernmental agreements such as contained herein; and
WHEREAS, Elmhurst and Oak Brook are authorized pursuant to the Intergovernmental
Cooperation Act, 5 ILCS 220/1, et seq., to enter into agreements with other political subdivisions
of the State of Illinois; and
WHEREAS,Elmhurst and Oak Brook each operate an independent water pumping,treatment
and distribution system; and
WHEREAS, Elmhurst and Oak Brook find it necessary and desirable to enter into this
Agreement to provide for interconnection between the two water systems, and
WHEREAS, Elmhurst and Oak Brook desire to interconnect the Elmhurst and Oak Brook
water systems at the southeast corner of Butterfield Road (Illinois Route 56) and Knighton Court,
as more specifically depicted on Exhibit A hereto, being the final engineering drawings for the
Yorkshire Court Subdivision in Elmhurst;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein set
forth, the sufficiency of which is mutually acknowledged, the parties agree as follows:
1. The recitals set forth hereinabove are incorporated herein by reference and made a
part of this Agreement.
2. Oak Brook authorizes Elmhurst to interconnect the Elmhurst water system with the
Oak Brook water system in a location as depicted on Exhibit A attached hereto and made a part
hereof, in accordance with the Plans and Specifications for such interconnection which are attached
hereto and made a part hereof as Exhibit B. Oak Brook shall pay Elmhurst fifty percent (50%) of
the cost of engineering and constructing the interconnection from the Elmhurst water system to the
Oak Brook water system as described in detail in the Plans and Specifications and generally depicted
in Exhibit B.
3. The interconnection valve B (owned by Elmhurst) and interconnection valve A
(owned by Oak Brook)as depicted upon Exhibit B shall be opened only in the case of an emergency
and only upon the mutual consent authorized by the City Manager of Elmhurst and the Village
Manager of Oak Brook or their authorized agents.
An emergency is:
A. An unforeseen malfunction 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 Elmhurst or Oak Brook to adequately maintain service
to all or a part of its customers and, at the same time, maintain adequate reserves for
firefighting purposes.
B. Any unforeseen, heavy demand 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 the City Manager of Elmhurst and the Village Manager of Oak Brook.
An emergency is not:
A. A general water shortage.
B. Failure by either municipality to properly expand or improve its water and delivery
system in conformance with growth development of the territory being served.
The interconnection valves B and A shall be closed as soon as the emergency has passed.
If either Elmhurst or Oak Brook receives a request to furnish water to the other, the
municipality receiving the request retains the right to deny or limit said request if granting such
request would create a water shortage or reduction in quantity or quality of water for its own
customers.
4. Elmhurst and Oak Brook agree that each has plenary rights of access to the
interconnection valves and vault designated on Exhibit B.
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5. In the event that the interconnection valve B,interconnection valve A and water main
are operating and water is flowing through, the municipality furnishing water may charge the
recipient municipality at its DuPage Water Commission wholesale rate then in effect for the volume
of water provided, as determined by the water meter installed as part of the interconnection.
6. Maintenance costs for the interconnection vault and meter shall be paid equally by
Elmhurst and Oak Brook. Elmhurst and Oak Brook shall be jointly responsible for the
determination of need for and the performance of said maintenance on the interconnection vault,
valves and meter, and the party performing such maintenance shall be reimbursed by the other party
for one-half(V2) of the costs incurred, including, but not limited to, labor, engineering, equipment
(at State of Illinois, Department of Transportation equipment rental rates) and materials costs. A
statement of maintenance costs shall be prepared by the municipality performing the work and
presented to the recipient municipality,which shall pay its share of the costs incurred within thirty
(30) days of the presentment of such invoice. Each municipality's water superintendent or his
authorized representative shall notify the other municipality's water superintendent or his authorized
representative regarding possible maintenance requirements prior to undertaking such maintenance.
7. The point of separation of ownership of water mains shall be at the point of
connection with the interconnection valves in the vault. Elmhurst shall own the water main on the
north side of the interconnection vault and Oak Brook shall own the water main on the south side
of the interconnection vault. Each municipality shall be responsible for the operation and
maintenance of that part of the interconnecting water main on its side of the interconnection vault.
Elmhurst shall own valve B, Oak Brook shall own valve A, and the parties shall jointly own the
interconnection vault and the water meter.
8. 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. Each party shall be obligated to repair any ruptured line as expeditiously as possible
to avoid unnecessary waste.
9. Each party agrees to keep its water system free from bacteria and contamination and
will sample in accordance with the IEPA rules for Public Water Supplies and provide copies of
IEPA required test results to the other party upon request. Each party 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 residue pursuant to IEPA standards in its
respective system.
10. 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 in accordance with the requirements of paragraph 13 of this Agreement. Each-party shall
have free access to the interconnection valves and vault and all other facilities provided for herein
for the purpose of shutting off water and for the purpose of reading meters or testing same.
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11. Neither party will be responsible for damages for any failure to supply water or for
interruption of the water furnished. Each party will carry commercial general liability, workers'
compensation, and other such insurance or self-insurance necessary to protect it in the operation of
its water distribution system, which insurance shall name the other party as an additional insured.
Each parry 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, treatment, testing and sale of water, and
maintenance and repair of its water system.
12. This Agreement is not assignable or transferable.
13. Any written notice required hereunder shall be served by personal delivery or by
deposit in the United States mail with proper postage prepaid, and properly addressed to the other
party at the following addresses, and shall be deemed served three (3) days after delivery or
depositing in the United States mail as aforesaid:
If to Elmhurst:
CITY OF ELMIHURST
City Manager
209 North York Street
Elmhurst, IL 60126
If to Oak Brook:
VILLAGE OF OAK BROOK
Village Manager
1200 Oak Brook Road
Oak Brook, IL 60521
14. This Agreement represents the entire agreement between the parties.
15. This Agreement shall continue in effect for ten(10)years, unless sooner terminated
as provided below. This Agreement may be terminated at any time by ninety (90) days written
notice by either party, or sooner by mutual agreement. At the end of the ten (10)-year term, this
Agreement shall continue in full force and effect for succeeding period of ten(10)years each,unless
one party notifies the other that it wishes to terminate the Agreement at the end of a ten (10)-year
term or the Agreement has been terminated prior to the end of a ten (10)-year term as provided
above.
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IN WITNESS WHEREOF, the parties hereto have affixed their respective signatures and
seals this 15th day of November , 2000.
CITY OF ELMHURST,
a municipal corporation
By:
.d
Mayor
ATTEST:
—ale I Ike,
Ci +,,.erk
VILLAGE OF OAK BROOK,
a municipal corporation
Village President
ATTEST:
Vi age lerk1"
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TO DEVELOPMENT
Contract Specifications
Water main cross connections shall be installed in accordance '
with the "STANDARD SPECIFICATIONS FOR WATER AND
SEWER MAIN CONSTRUCTION IN ILLINOIS". All water
shut offs must be coordinated with the Village of Oakbrook and
the City of Elmhurst.
EXHIBIT BI
Ayes: 5 - President Bushy, Trustees Caleel, Craig, Kenny and
McInemy.
Nays: 1 - Trustee Savino.
Absent: 1 - Trustee Butler. Motion carried.
Motion by Trustee Caleel, seconded by Trustee Kenny, to approve
Resolution #2000-TX-PRPTY-EXP-EX2-R-759, "A Resolution
Authorizing the Execution of a Contract for the Sale of Public Real
Estate to DuPage Mayors and Managers Conference (1220 Oak Brook
Road, Oak Brook, IL 60523)," with the changes to the real estate sales
contract which were approved in a prior motion. ROLL CALL VOTE:
Ayes: 5 - President Bushy, Trustees Caleel, Craig, Kenny and
McInerny.
Nays: 1 - Trustee Savino.
Absent: 1 - Trustee Butler. Motion carried.
D. CANCELLATION OF THE DECEMBER 25 2000 COMMITTEE- CNCL MTGS
OF-THE WHOLE AND DECEMBER 26, 2000 VILLAGE BOARD cow-I2M/00
MEETINGS: BOT-12/26/00
It has been tradition for the regular Village Board meeting scheduled
for the fourth week of December to be canceled due to the
Christmas/New Year's holidays. Since the Committee-of-the-Whole
meeting now precedes this Board meeting, it is recommended that the
Village Board cancel both the December 25, 2000 Committee-of-the-
Whole and December 26, 2000 Village Board meetings this year.
Motion by Trustee Savino, seconded by Trustee Kenny, to cancel the
Village Board December 25, 2000 Committee-of-the-Whole and the
December 26, 2000 Village Board meetings. VOICE VOTE. Motion
carried.
0E. EMERGENCY WATER INTERCONNECTION AGREEMENT - EMGNCY H2O
ELMHURST: INTCN AGRMT
ELMURST
Staff has reached agreement with the City of Elmhurst for an
emergency water interconnection at the southeast corner of Butterfield
Road and Knighton Court. This emergency connection would provide
a means of serving the Yorkfield area (certificated area north of
Roosevelt Road and west of 1-88 spur) in the event of a problem with
either of the two mains that run under Roosevelt Road to serve this
area. The agreement is substantially identical to similar agreements the
Village has in place with the Villages of Lombard, Downers Grove,
Westmont, Hinsdale and Hillside. As the interconnect with benefit
VILLAGE OF OAK BROOK Minutes Page 11 of 13 November 14, 2000
both municipalities, the cost to engineer and construct will be equally
shared.
Motion by Trustee Craig, seconded by Trustee Caleel, to approve an
Intergovernmental Agreement for an Interconnection of Municipal
Water System between the Village of Oak Brook and the City of
Elmhurst, and authorize the Village President to execute the agreement
on behalf of the Village. ROLL CALL VOTE:
Ayes: 5 - Trustees Caleel, Craig, Kenny, McInerney and Savino.
Nays: 0- None.
Absent: 1 - Trustee Butler. Motion carried.
8. INFORMATION & UPDATES: INFO&
UPDATES
A. VILLAGE PRESIDENT: No report was given. VLLG PRES
B. VILLAGE MANAGER: No report was given. VLLG MGR
9. DEPARTMENTAL REPORTS—LIAISON ASSIGNMENTS: DEPT RPTS
Community Development Trustee Savino
Finance, Information Services & Purchasing Trustee Caleel
Intergovernmental Relations Trustee McInerney
Library&Community Events Trustee Butler
Public Safety Trustee Kenny
Public Works & Engineering Trustee Craig
Sports Core President Bushy
Village Clerk Clerk Gonnella
Departmental reports were accepted as presented.
10. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated):
No Business.
11. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None.
12. ADJOURNMENT: ADJM
Motion by Trustee Caleel, seconded by Trustee Craig, to adjourn the meeting
at 10:23 p.m. ROLL CALL VOTE:
Ayes: 5 - Trustees Caleel, Craig, Kenny, McInerney and Savino.
Nays: 0- None.
Absent: 1 - Trustee Butler. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 12 of 13 November 14, 2000