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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. 2 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. 3 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. 4 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" ����,_t .,.rr .%•''may 5 B NEW s" WATER MAIN UTTERFIELD ROAD CROSSING TV ' 8"X8"' TEE REDUCER" NEW FIRE HYDRANT m 8 X.6'' 206'0 VAL VES' 60' VALVE VAULT 6" .r 6"X6''' CUT IN TEE or OAKBROOK WATER MAIN o -VALVE "A0. AL VE "B* Z V. , * _ NEW 8" WATER MAIN I 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