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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