R-91-09RESOLUTION NO. R -91- 09'
A RESOLUTION RETAINING SPECIAL LEGAL COUNSEL
REGARDING HIGHLAND PARK WATER RATE INCREASE
WHEREAS, the Village of Deerfield has for many years received
its water supply from the City of Highland Park; and
WHEREAS, when the City of Highland Park increased its water
rates to the Village of Deerfield in 1986, Deerfield objected to the
amount of the increase and claimed the right to receive a wholesale
rate that was fair and justifiable; and
WHEREAS, the Village of Deerfield was coerced and required to
enter into a Water Service Contract in March of 1986 for a period of
twenty years; and
WHEREAS, while Article III, Section 10 of said agreement
provides for water rates and possible increases in said rates, it is
implicit that said rates will be fair, reasonable, justifiable and
non - discriminatory; and
WHEREAS, the City of Highland Park advised the Village of
Deerfield that it will increase the water rate to the Village of
Deerfield from $.99 per 100 cubic feet to $1.20 per 100 cubic feet
effective January 1, 1992; and
WHEREAS, the Village of Deerfield believes that the proposed
rate increase is not fair and justifiable and the Village of
Deerfield further believes that it should investigate and determine
what legal remedies, if any, it may have with respect to said
proposed rate increase.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, AS FOLLOWS:
SECTION That the law firm of Ancel, Glink, Diamond & Cope,
ONE: P.C. is hereby retained as special counsel to
determine what legal remedies exist in favor of the
Village of Deerfield with respect to the water rate
increase proposed by the City of Highland Park.
SECTION That said law firm is further authorized to employ
TWO: such experts as may be necessary to enable said firm
to determine the Village of Deerfield's legal rights.
Said law firm shall consult with and receive the
approval of the Village Manager prior to the
engagement of any such experts and the costs of
employing such experts shall be promptly reimbursed to
said law firm.
SECTION This resolution shall be in.full force and effect from
THREE: and after its passage and approval as provided by law.
AYES: Ehlers, Marovitz, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None (0)
ABSENT: None (0)
PASSED this 21st day of October A.D., 1991.
APPROVED this-21st day of October A.D., 1991.
'VILLAGE PRESIDENT
ATTEST:
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VILkGE —CLERK