HomeMy WebLinkAboutRESOLUTIONS-1997-008-R-971 /30/97
• 8-R-97
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A RESOLUTION
Approving An Agreement By and Between
The City of Evanston and the Village of Skokie
Relating to Settlement of Village of Skokie vs.
City of Evanston, Case No. 95 CH 08595
WHEREAS, Skokie has been purchasing from Evanston all of the potable Lake
Michigan Water required by the customers of the Skokie public water supply system (the
"Skokie System") since June 5, 1944; and
WHEREAS, on June 30, 1993, the long term agreement between Evanston and Skokie
pursuant to which Evanston had sold and delivered Lake Michigan Water to Skokie to meet
the demands of the Skokie System expired (the "Prior Agreement"); and
WHEREAS, Skokie desires to continue to purchase and receive Lake Michigan Water
from Evanston for distribution and sale by Skokie to the customers of the Skokie System; and
WHEREAS, Evanston desires to continue to sell and deliver Lake Michigan Water to
Skokie and currently has, and will continue to have, available facilities sufficient to pump,
treat and deliver Lake Michigan Water to Skokie in quantities sufficient to meet the
maximum daily demands of the Skokie System ("Water Supply Service"); and
WHEREAS, following the expiration of the Prior Agreement, Evanston and Skokie
were unable to agree on a water rate for continued Water Supply Service; and
WHEREAS, such lack of agreement led to the filing by Skokie of a lawsuit, Village
of Skokie v. City of Evanston, Case No 95 CH 08595, by which Skokie sought to have the
Circuit Court of Cook County establish a new water rate for continued Water Supply Service
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and in which Evanston filed a counterclaim seeking to compel payment of the water rate
demanded by it for such continued Water Supply Service (the "Litigation"); and
WHEREAS, Evanston and Skokie have, nevertheless, continued to negotiate in good
faith in an effort to agree upon a new water rate for continued Water Supply Service; and
WHEREAS, Evanston and Skokie have settled and compromised all differences
between them relating to Water Supply Service and have agreed on a new agreement for
Water Supply Service to replace the Prior Agreement; and
WHEREAS, such settlements and compromise have been incorporated into a
proposed settlement agreement, a copy of which is attached hereto, and by this reference
incorporated herein, as Exhibit A (the "Settlement Agreement");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Recitals. The foregoing recitals are by this reference incorporated
into this Resolution as the findings of the City Council.
SECTION 2: Approval and Execution of Settlement Aereement. The Settlement
Agreement is hereby approved, and the City Manager and City Clerk are hereby authorized
and directed, respectively, to execute such Settlement Agreement on behalf of the City, and
the Corporation Counsel is hereby authorized and directed to take all actions as may be
necessary to obtain the dismissal of the Litigation in accordance with the terms of said
Agreement.
SECTION 3: Effective Date: Condition. This Resolution shall be in full force
and effect immediately upon its passage and approval in the manner provided by law, the
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8-R-97
City Council hereby finding and declaring the approval of the Settlement Agreement to be
a matter of urgency ; provided, however, that this Resolution shall be of no force or effect
unless and until the President and Board of Trustees of the Village of Skokie shall have
passed and approved a similar resolution, satisfactory to the Corporation Counsel, approving
and authorizing and directing the execution of the Settlement Agreement and directing the
prompt completion of all actions as may be necessary to obtain the dismissal of the
Litigation in accordance with the terms of said Settlement Agreement.
AYES: Aldermen: Moran, Engleman, Jacobi, Feldman, Newman, Drummer, Guthrie,
Heydemann and Kent
NAYES: NONE
ABSENT: NONE
PASSED AND APPROVED THIS 10' day of February, 1997.
Mayor
ATTEST:
ti
A�
sty Clerk 'r
Adopted: 22e'4Y , 1997
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