IGA Flagg Creek Water Reclamation District Shut Off of Water Service 12-20-2007 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF
OAK BROOK AND THE FLAGG CREEK WATER RECLAMATION
DISTRICT FOR THE SHUT OFF OF WATER SERVICE
THIS AGREEMENT is entered into this ;,0- day of -As;-M3��`'2007, by and between
the VILLAGE OF OAK BROOK, an Illinois municipal corporation (hereinafter the "VILLAGE")
and the FLAGG CREEK WATER RECLAMATION DISTRICT, a body politic and corporate
(hereinafter the "DISTRICT") (collectively referred to as the "PARTIES").
WITNESSETH:
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 provides that units
of local government may contract to exercise, combine or transfer any power or function not
prohibited to them by law or ordinance; and
WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorizes
units of local government to exercise jointly with any public agency of the State of Illinois,
including other units of local government, as well as individuals, association and corporations,
any power, privilege or authority which may be exercised by a unit of local government
individually, and to enter into contracts for the performance of governmental services, activities
and undertakings; and
WHEREAS, the VILLAGE and the DISTRICT are units of local government providing
necessary and important services to the customers of the VILLAGE through the provision of
potable water by the VILLAGE and the provision of sewerage collection and treatment by the
DISTRICT; and
WHEREAS, the VILLAGE and DISTRICT agree that it is in the best interests of the
customers mutually served by the VILLAGE and the DISTRICT to cooperate whenever possible
on areas of concern affecting said residents; and
WHEREAS, the VILLAGE and the DISTRICT agree that the establishment of this
intergovernmental agreement is necessary to provide the terms and conditions for the
discontinuance of water service to premises that fail to timely pay sewerage service charges;
and
WHEREAS, 70 ILCS 3010/7 provides that the payment of delinquent charges for
sewerage service to any premises may be enforced by discontinuing either the water service or
the sewerage service to that premises, or both; and j
WHEREAS, 70 ILCS 3010/7 also provides that the public or municipal corporation or
political subdivision of the State furnishing water services to a premises shall discontinue that
service upon receiving written notice from the sanitary DISTRICT providing sewerage service
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that payment of the rate or charge for sewerage service to the premises has become
delinquent; and
WHEREAS, the DISTRICT desires that the VILLAGE discontinue water service to
premises for delinquent charges for sewerage service upon proper notice, as provided in 70
I LCS 3010/7.
NOW THEREFORE, in consideration of the foregoing premises, the mutual covenants
and promises contained herein, the sufficiency of which is hereby acknowledged, the PARTIES
agree as follows:
1.0 RECITALS INCORPORATED
The foregoing recitals are incorporated by reference as though fully set forth
therein.
2.0 SHUT OFF OF WATER SERCVICE
Pursuant to the provisions of 70 ILCS 3010/7, the VILLAGE shall shut off water
service to premises within its water service area pursuant to the terms and
conditions recited in this agreement.
3.0 OBLIGATIONS OF DISTRICT
3.1 In the event the DISTRICT requests that the VILLAGE shut off water services to
any premises within the water service area of the VILLAGE, the requirements
contained herein shall be a condition precedent to the shut off of water service by
the VILLAGE.
3.2 After delinquency for nonpayment of sewer service of thirty (30) days or more,
the DISTRICT shall contact the VILLAGE to arrange for water shut off, typically
to be on approximately the 20th day of the following months: February, April,
June, August, October and December. The DISTRICT will provide the VILLAGE
with a list of properties for which water shut off is requested not later than the 15th
day of the month for shut off on approximately the 20th day of the month. Where
the shut off of water service would be rendered impracticable due to emergency
or other similar considerations, such emergencies will take precedence over the
shut off of water service. The VILLAGE retains the discretion to refuse or delay
shut off of water service where it determines that such shut off would not be in
the best interests of the VILLAGE or the DISTRICT, e.g., shut off could create a
serious health issue. The DISTRICT shall provide written notice of the shut off
date to the user by posting in a prominent place on the premises. The notice
shall indicate that a hearing has been scheduled to give the user the opportunity
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to be heard as to why the water service should not be shut off. A copy of the
form of notice is attached hereto as Exhibit "A" and incorporated herein by
reference.
3.3 If the customer does not attend the hearing, or if a hearing is held but it is
determined that the water service should be shut off, the water service shall be
shut off. The DISTRICT shall make a reasonable attempt to make an advance
telephone call to the user advising them of the shut off date. Prior to the shut off
of service, the DISTRICT and the VILLAGE shall arrange for an employee of
each party to meet at or accompany each other to the premise for the purposes
of shutting off water service at the premises. The DISTRICT shall post notice of
the shut off in a prominent place on the premises.
4.0 REIMBURSEMENT FOR SHUT OFF OF WATER SERVICE
In addition to any other fees or compensation provided for in this Agreement to
be paid by the DISTRICT to the VILLAGE, the DISTRICT shall reimburse the
VILLAGE for those costs of the shut off and the resumption of water service
which the VILLAGE would normally charge for shut off/resumption of service for
unpaid water bills. The amount of that cost shall be as set forth in the
VILLAGE'S ordinance. At the present time, the charge is forty dollars ($40.00), if
water service is resumed on a normal business day between the hours of 7:00
a.m. and 3:30 p.m., and seventy-five dollars ($75.00) if water service is resumed
at any time other than on a normal business day between the hours of 7:00 a.m.
and 3:30 p.m. The DISTRICT shall not be obligated to reimburse the VILLAGE
in any greater amount unless and until the VILLAGE has informed the DISTRICT
of an increase in those rates. The VILLAGE understands that Illinois statutory
law provides that it may be reimbursed for any lost water service revenues
resulting from the water shut off. The VILLAGE waives any and all rights it may
have to reimbursement for such lost water service revenues at this time.
However, upon fourteen (14) days prior written notice by the VILLAGE to the
DISTRICT, the VILLAGE may require the DISTRICT to reimburse it from any lost
water service revenues occurring after the date of the notice.
5.0 RESUMPTION OF WATER SERVICE
5.1 Upon notification by the DISTRICT to the VILLAGE, the VILLAGE shall resume
water service at the premises, and provided, however, that prior to the VILLAGE
resuming water service, the DISTRICT shall confirm that the occupant of the
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premises is present so that service can be resumed. The DISTRICT will notify
the occupant that they must be present on the premises when water service is
restored. Water service shall not be resumed unless the occupant of the
premises is present on the premises. Prior to the resumption of service, the
DISTRICT and the VILLAGE shall arrange for an employee of each party to meet
at or accompany each other to the premise for the purposes of restoring water
service at the premises.
5.2 The DISTRICT shall provide an emergency number to be called in the event that
an emergency arises during other than normal working hours. When such an
after-hours emergency call is made, it shall be relayed to an individual who shall
be designated to be "on-call'. That person shall be charged with the responsibility
to take such action as is needed for such emergency. That procedure shall be
utilized by the DISTRICT in the event of an after-hours call related to the shut
off/resumption of water service. The VILLAGE will provide the DISTRICT with its
after-hours contact information so that the DISTRICT and the VILLAGE can
communicate to resolve any issues related to after-hours shut off/resumption.
6.0 COMPLAINTS AND INQUIRIES
All complaints, correspondence, inquiries and communications from the
DISTRICT sewer customer shall be directed to the DISTRICT. The DISTRICT
shall so notify its customers. The VILLAGE shall have no obligation to reply,
respond, communicate or otherwise correspond to any DISTRICT sewer user.
7.0 INDEMNIFICATION
The DISTRICT shall indemnify and hold harmless the VILLAGE, its officers,
agents and employees from and against any and all suits, actions, claims,
losses, liabilities, judgments, verdicts, damage, costs, expenses, and attorneys
fees of any nature due to personal injury or property damage and/or the
disruption of any business in the Village (including but not limited to lost profits)
arising from any act or omission of the DISTRICT arising out of, occurring in
connection with, resulting from, or caused by the performance or failure to j
perform any act pursuant to the terms of this Agreement, or pursuant to that part
of 70 ILCS 3010/7 added by P.A. 93-500 (H.B. 3231), including but not limited to
any claim for personal injury or property damage as well as any claim under the I
United States Constitution, the Illinois Constitution, 42 U.S.C. 1983 or any other
similar law; provided, however, the DISTRICT shall have no obligation to
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indemnify and hold harmless the VILLAGE for any willful or wanton negligence
on the VILLAGE's part in the performance of its obligations under this
Agreement.
8.0 MODIFICATION
This Agreement may be modified or amended only by written instrument signed
by both the DISTRICT and the VILLAGE.
9.0 ENTIRE AGREEMENT
This Agreement represents the entire agreement between the DISTRICT and the
VILLAGE with respect to termination of water services.
10.0 GOVERNING LAW
This Agreement shall be governed by the laws of the State of Illinois both as to
interpretation and performance.
11.0 SEVERABILITY
The terms, conditions, and provisions of this Agreement shall be severable, and
if any term, condition, or provision is found to be unenforceable for any reason
whatsoever, the remaining terms, conditions, and provisions shall remain in full
force and effect, unless the Agreement can no longer by performed by one or
both of the parties. '
12.0 NOTICE
Notice or other writings which either party is required to, or may wish to serve
upon the other party in connection with this Agreement shall be in writing and
shall be delivered personally or sent by registered or certified mail, return receipt
requested, postage prepaid, addressed as follows:
A. If to the VILLAGE:
David Niemeyer
Village Manager
Village of Oakbrook
1200 Oak Brook Road
Oak Brook, IL 60523-2255
With a copy to:
Michael J. Meranda
Director of Public Works
Village of Oakbrook
1200 Oak Brook Road
Oak Brook, IL 60523-2255
5
B. If to the DISTRICT:
Ed Kokat
Executive Director
Flagg Creek Water Reclamation DISTRICT
7001 Frontage Road
Burr Ridge, Illinois 60527-5788
13.0 TERM OF AGREEMENT
This Agreement shall be in full force and effect from and after the date first above
written and shall be for a term of one (1) year. Not less than ninety (90) days
prior to the end of the one year term, the parties will begin discussions in an
effort to continue the Agreement for an additional period of time.
IN WITNESS WHEREOF, the parties set their hands and seals of the date first written
above.
FLAGG CREEK WATER VILLAGE OF OAK BROOK
RECLAMATION DISTRICT
By.G• aa�C- . By: 1 G
Executive Director l;' Village President
Att Attest
By: � 1 Bye
Village Clerk
Distric Clerk
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]-]ATTORNEYS AT LAW t i 3318 WEST 95TH STREET
{ EVERGREEN PARK,IL 60805
rk� Ltd, (708)424-5678
FAX(708)425-1898
www.odelsonsterkxom
ME ORANIL M
TO: Dave Niemeyer
FROM: Mark Sterk
RE: Flagg Creek Water Reclamation District
DATE: October 17,"2007
Attached is the final version of the intergovernmental agreement with the Flagg
Creek Water Reclamation'District. The agreement establishes procedures for the Vi lage
to discontinue water service to customers who have outstanding bills with the District.
The agreement also outlines the procedures for the Village to reinstate water service
after the affected customer pays the outstanding bill:
The Village has very little alternative on this issue. 70 ILCS 3010/7 requires a
municipal water service provider to disconnect water service whenever a water
reclamation district notifes the municipality about a delinquent bill: Following is a
summary of the.agreement's operative: ernis
3.3 Bef..ore water service can be discontinued the customer's bill must be at least 30
day$ overdue. By the 15 of February, April, June, August, O:ctotier and
December the District will provide the Village with a delinquent customer list for
shut off. The Village has the discretion to refuse;or delay a shut off due to an '
emergency or public health =con8tdeA Pqr The District must .provide the
customer with an o.pportunity fo'r a heanng.before.the disconnection.
4.0 The District will pay the Village's disconnection/connection fees, which are
currently $40.00 and 75.00 depending on when $ervice is restored. The statute
requires the District to reimburse the Village for lost water erurce revenues
resulting from the disconnection. In the agreement"the Village waives that right
but retains the right to be reimbursed upon 14 days notice to the District.
5.1 The Village will restore service following written notification from the District. An
occupant of the premises as well as an employee of the Village and an employee
of the District must be present when 'service eist restored.
5.2 The Village and the District will exchange after hours contact information in order
to facilitate water service restoration during non-business hours.
6.0 All complaints about sewer service shall be communicated to the District. The
Village is not required to respond to any complaints about sewer service.
7.0 The statute requires the District to indemnify the Village for any liability arising
from the disconnection of service. I`have amended this section to 'broaden the
indemnification language to specifically include constitutional claims and any civil
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wTTOANEYS AT LAW
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Dave Niemeyer
Page 2
10/17/2007
rights actions as I am more concerned about a lawsuit over the hearing process
then about damage claims.
The agreement should be forwarded to the President and Board of Trustees for
approval at the next meeting. Please let me know if you have any questions or
comments.
® 41MIJO 445
FLAGG CREEK WATER RECLAMATION DISTRICT
7001 N. Frontage Road
Burr Ridge, Illinois 60527-5788
NOTICE OF WATER SHUT-OFF
August 2, 2007
Mr. John Doe
123 Main Street
Flagg Creek, IL 60527
Subject: The delinquent sewer bill for account number 1234567 in the amount of$100.00 for the
property at 123 Main Street, Flagg Creek, Illinois 60527, serviced by the Flagg Creek Water
Reclamation District.
The laws of the State of Illinois provide for the termination of water service to any premises for
which the sewerage charge remains unpaid for thirty days or more. Since we have not yet
received payment for your sewer charge, and since it is long past the thirty day period noted
above, this letter serves as the required notice of our intent to have your water service shut off if
we do not receive payment as indicated below.
On August 12, 2007 the Flagg Creek Water Reclamation District will hold a hearing in its offices
located at 7001 Frontage Road, Burr Ridge, Illinois. The purpose of this hearing will be to give
you the opportunity to be heard as to why the water service should not be shut off. If you fail to
attend this hearing, the District will have your water service terminated. In addition, we may
also file a lien on the property for which sewer services are provided.
Once your water service is shut off,before water service can be restored, you must make full
payment of all delinquent sewer service and user charges which the District was obligated to pay
to your water provider, and the appropriate reconnection fee prior to turning the service back on.
The fee is $40.00 for reconnection between 7:00 a.m. and 3:30 p.m. Monday through Friday. At
all other times the reconnection fee is $75.00. You must be present on the premises at the time
water service is restored.
We would appreciate your prompt attention to this matter. If you have questions about your
account,please feel free to contact us at (630) 323-3299.
Sincerely,
Executive Director
I
Phone: (630) 323-3299 Fax: (630) 323-4230
EXHIBIT A
Q,GG FLAGG CREEK WATER RECLAMATION DISTRICT
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FC�NRD� Burr Ridge, IL 60527-5788
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October 18, 2007
Mr. Michael Meranda
Public Works Director
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523-2255
Re: Intergovernmental Agreement—Water Disconnection.
Dear Mike:
Enclosed are two original Intergovernmental Agreements signed by the Executive Director and
Clerk of Flagg Creek. Also enclosed is a copy of the Resolution authorizing execution of the
Agreement. Please keep one original for your records, and return one original after appropriate
Oak Brook signatures are obtained. Thanks for your assistance in this matter.
Very truly yours,
`Robert L. Abraham
Encl.
Phone: (630)323-3299 Fax: (630) 323-4230
FLAGG CREEK WATER RECLAMATION DISTRICT
RESOLUTION NO. -ACY
APPROVAL OF INTERGOVERNMENTAL AGREEMENT WITH THE
VILLAGE OF OAK BROOK,FOR THE DISCONNECTION OF
WATER SERVICE FOR UNPAID SEWER CHARGES
WHEREAS, the ability to collect unpaid sewer charges is important to the financial
operations of the District; and
WHEREAS, recognizing the inherent difficulties in disconnection of sewer service in
order to collect unpaid sewer charges, the Illinois Legislature amended the Sanitary District Act
of 1917 to provide that any municipal corporation furnishing water services to a premises shall
discontinue that service upon receiving written notice from the sanitary district providing
sewerage service that payment of the rate or charge for sewerage service to the premises has
become delinquent; and
WHEREAS, the District is negotiating with each of the municipalities within its
jurisdiction in order to enter into Intergovernmental Agreements which would establish the terms
and procedures for the shut off of water service to District customers who have unpaid sewer
charges; and
WHEREAS, the District and the Village Oak Brook each have agreed to the terms of an
Intergovernmental Agreement which would provide for the shut off of water service to premises
within the water service area of Oak Brook where the sewer charges to such premises are unpaid;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE FLAGG CREEK WATER RECLAMATION DISTRICT AS FOLLOWS:
SECTION 1: The Board of Trustees hereby approves the Intergovernmental Agreement
with the Village of Oak Brook for the Discontinuance of Water Service for Nonpayment of
Sewerage Service Charges; and
SECTION 2: The Board of Trustees hereby authorizes the Executive Director and the
Clerk to execute the Agreement on behalf of the District.
SECTION 3: The Board of Trustees hereby further authorizes the Executive Director or
his designee to act as hearing officer during any proceedings held in connection with the
disconnection of water service pursuant to the Intergovernmental Agreement.
SECTION 4: This Resolution shall be in full force and effect upon its adoption
according to law.
Passed and Approved this 18th day of October, 2007
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1're dent
ATTEST:
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Approved:
Exec e Director
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General Counsel
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AGENDA ITEM
Regular Board of Trustees Meeting
of
November 27, 2007
SUBJECT: Intergovernmental Agreement -Flagg Creek - Water Disconnection for Unpaid
Sewer Charges con tinued from November 13, 2007
FROM: David Niemeyer, Village Manager
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: Motion to approve the proposed Intergovernmental
Agreement with Flagg Creek Water Reclamation District
Background/History:
At the November 13, 2007 Board of Trustees meeting, the Village Board directed additional
revisions to Section 7.0 of the agreement. Village Attorney Sterk has revised the
Indemnification section and provided a black-lined version of the changes along with a complete
version of the agreement for your consideration.
Recommendation:
I recommend approval of the revised agreement.
Last saved by charty V:\AGENDA\Flagg Creek Additionsl 127.doc U
Last printed 11/20/2007 10:49 AM
7.0 INDEMNIFICATION
The DISTRICT shall indemnify and hold harmless the VILLAGE, its officers, agents and
employees from and against any and all suits, actions, claims, losses, liabilities, judgments,
verdicts, damage, costs, expenses, and attorneys fees of any nature due to personal injury or
property damage and/or the disruption of anv business in the Village (including but not limited to
lost profits) arising from any act or omission of the DISTRICT arising out of, occurring in
connection with, resulting from, or caused by the performance or failure to perform any act
pursuant to the terms of this Agreement or pursuant to 70 ILCS 3010/7, including but not limited
to any claim for personal injury or property damage as well as any claim under the United States
Constitution, the Illinois Constitution, 42 U.S.C. 1983 or any other similar law; provided,
however, the DISTRICT shall have no obligation to indemnify and hold harmless the VILLAGE
for any willful or wanton negligence on the Village's #s part in the performance of its obligations
under this Agreement.
IT13M 10.1).
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AGENDA ITEM
Regular Board of Trustees Meeting
of
November 13, 2007
SUBJECT: Flagg Creek Water Reclamation District Intergovernmental Agreement
FROM: David Niemeyer, Village Manager
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: Motion to approve the proposed Intergovernmental
Agreement with Flagg Creek Water Reclamation District.
Background/History:
This agreement establishes procedures for the Village of Oak Brook to discontinue water service
to customers who have outstanding bills with the Flagg Creek Water Reclamation District. The
agreement also outlines the procedures for the Village to reinstate water service after the affected
customer pays the outstanding bill.
The Village has very little alternative on this issue. 70 ILCS 3010/7 requires a municipal water
service provider to disconnect water service whenever a water reclamation district notifies the
municipality about a delinquent bill.
A summary of the agreement's operative terms are attached.
Recommendation:
It is recommended that the Board of Trustees approve the proposed Intergovernmental Agreement with
the Flagg Creek Water Reclamation District.
,v
Last saved by Default J:\Agenda Items\Intrgvnmtl Agmnt-Flagg Creek.doc
Last printed 11/8/2007 11:03 AM
�C�Yl ar iaw 3318 WEST 95TH STREEI
T t EVERGREEN PARK.IL 60805
Ltd. (708)424-5678
FAX(708)425-1898
www.0delsonsterk.com
November 15, 2007
Mr. Robert Abraham
Flagg Creek Water Reclamation District
7001 North Frontage Road
Burr Ridge. Illinois 60427
Re: Intergovernmental Agreement
Dear Mr. Abraham:
At last Tuesday's meeting, the Village Board directed additional revisions to
Section 7.0 of the agreement. Attached is a black-lined version of Section 7.0 indicating
the changes and a complete version of the agreement including the revised Section 7.0.
This version of the agreement is the one the Village Board will consider at its November
27, 2007 meeting. Please return two original signed copies of this agreement to the
Village Manager, Dave Niemeyer. Please call me if you have any questions or
comments.
Very truly yours,
ODELSON & STERK, LTD
pvk0A,c 4 Ozic-
Mark H. Sterk
MHS/sp
Enclosure
cc: Dave Niemeyer
u.._
445