HomeMy WebLinkAboutRESOLUTIONS-1997-009-R-971 /30/97
9-R-97
A RESOLUTION
Approving An Agreement By and Between
The City of Evanston and the Village of Skokie
Relating to Water Supply and Service
Effective March 1, 1997
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
9-R-97
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 0
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
WHEREAS, such settlements and compromise have been incorporated into a
Settlement Agreement, which has been approved by both the City of Evanston and the
Village of Skokie and pursuant to which the Litigation is to be dismissed; and
WHEREAS, pursuant to such Settlement Agreement, the City of Evanston and the
Village of Skokie have agreed to execute a new agreement for Water Supply Service to
replace the Prior Agreement, which new agreement is attached hereto, and by this reference
incorporated herein, as Exhibit A (the "New Water Supply and Service 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: ADDroval and Execution of New Water SUDUIV and Service
Agreement. The New Water Supply and Service 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.
SECTION 3: Effective Date: Condition. This Resolution shall be in full force
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9-R-97
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and effect immediately upon its passage and approval in the manner provided by law and
the City Council hereby finding and declaring the approval of the New Water Supply and
Service Agreement to be a matter of urgency; provided, however, that this Resolution shall
be of no force or effect unless and until (1) the Settlement Agreement shall have been
executed and become binding on both the City of Evanston and the Village of Skokie; (2)
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 New Water Supply and Service Agreement; and (3) the
Litigation shall have been dismissed in accordance with the Settlement Agreement.
AYES: Aldermen: Moran, Engelman, Jacobi, Feldman, Newman, Drummer, Guthrie,
Heydemann and Kent
NAYES: NONE
ABSENT: NONE 2 /f
PASSED AND APPROVED THIS 5'�!�'
ATTEST:
City Clerk
Adopted:
day of Februa , 1997.
is 3
, 1997
i
Mayor