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01/23/1933 + 01/25/1933 + 01/30/19331, 00 Motion carried. :fleeting adjourned until-1 1 &4zv-, Village Clerk. <_v Jan. 23, 1333. �7641 President • . Li tees ^f the Iteeting of Jan. •23, 1933 11... -I C nu iieeting ca'.led to order by the president Ur. James. J. Hood with the following Trustee prevent J.. R. Notz, E. H. Selig, E. F. 5egert, A. C. C. Timm,,. !' C? :d. "lillmann. A motion mas.mcde by trustee Notz the Village of Deerfield Illinois Mate Representative in regard to road. wotion carried. . ?fleeting adjourned until 17ed. Jan. and seconded by. Trustee Timm that accept the report of .R. J. L, 0 ne the refund of pavinS. refund on Waukegan 251 1933. ; Cn/ .CC64-,1 Preside. Village Clerk. ' Minutees of the aQt QWIRP meeting of Ja .uS, 1033 adjourned from Jan23,1933' Meeting called to order by the President Mr. Janes J. Hood with the Following:;Truatee Precent J. R.,iTotz, E. H. Selig, E. F. Segert, AC C. C. Timms C. M. willmann, A motion was made By'.Trustee Segert and seconded by TrIxstee Selig That Judge ':S: D. Oven be instructed to correct Highland Parke Oontract and -Op Ordinance add report on Monday Jan. 30, 19333 - :fleeting adjourned until Jan.30, 1933 • aG� l Preciden• Village Clerk !11nutees of the meeting of Jan.. 30;. 1933 adjourned from Jan. ' 25, .1933 Meeting called to order byrt..e President Ur Jamie J. Hood with.the following i Trustees Present J. R. • Notz, E. F. Segert, A. C. 0. Timm, and C. Ifl. V7il11, . Trustee E..H. Selig absent. A motion eras made by Trustee Timm and seconded by Segert That the rulee be-'a� suspended and the water ordinance placed on ite passage. e 9a-» ©c Tied The following vote wac•taken Yeas Segert, Timm, and Willmann,+Naya'`; Piotz. motion carried.. • { A motion was made By Trustee Timm and seconded by Trustee Segert that the fe- following ordinance, be- passe d . -yeas Trustees Segert, Timm and.17111mann; )Nu,ys J. R. Notz. A r r THE y ' CUT10IT OFA A COI` PRACT -.BY T.r PRESIDENT AN ORDIITA,TCL AUTIiORIZIrTG.`, • AND VILLkGE CLERIC OF T11 VILLAGE OF DEERFIELD FOR THE PURCrLkSE OF A ' SUPPLY OF WATER FOR THE VILL AGE OF DL FROI'! T1OVE .:di.R 1' 1932 UIITIL APRIL 30p 1933 AITD FOR THE ADJUSTMErT, DETER.1IIITA`i'ION 91TD LIC';UID.ITION 0?' TtiL DALIIITCE D'JE `FOR ,,;ASTER SUPPLY 1+ROM NOV %',BER 19, 1929 TO NoV ";iBER 11 -1932. j`l'riREr�.S, the Village of Deerfield has been-supplied with water. from Lake laichigan through the water i ►nor s system of the City of Highland Park since Iovember 19 1929, end }TTiLREAS, there has been an in junction suit pending; in the Circuit Court, ease ITo.271279 which has been decided adversely to the Village of Deerfield in a controversey as to the rate to be paid and the balance due the City of Highland Park for water furnished from November 1, 1929 to November 1, 1932, and ,NIREAS, it has now been determined and agreed that the '1i11Q e of lleert'ield is now indebted to the City of Highland Part in the amount of : 13,459.99 being the balance due for water nirnished since November 1, 1929 to the last meter readinP made on i:evP.�nber 1, 192, as ,rill more fully appear from a detailed statement of account hereto attached, Marked ixhibit "u" and made a part of this ordinance, which balance remains due and unpaid as of January `25, 1933, and MIEIREIZ, said 'tillage is and will be indebted in the f iii-ther sum at the rate of fifteen cents (15¢) per hundred cubic feet of all water furnished to said Village since said mater reading, November 1, 1932: VMVIREAS, the Village of Deerfield are desirous of continuing to obtain its water supply for municipal purposes from the City of Highlehd Park until April 30, 1938. N011 THEREFORE, BE IT _ORDAIKEED BY TIM PRESIDENT AND BOARD OF TRUSTEES OF THE VILIAGC, OF DEERFIELD: SECTION 1. That the President, and Village Clerk of the ,-:Village of Deerfield be and.are hereby authorized and directed on-be-- half of the Village in its name and under its corporate seal, and attest- ed by its Village Clerk to make and lenter� into -a Contract for the jl adjustment, determination and limidation of the amount now due t City of Highland Park for water furnished to the Village of Deerfield.- :,,. wince November 1, 1929 to meter reading made November 1, 1932 and 'to furnish a supply of water from 17ovember 1, 1932 until April 30, 1913a,, which Contract *shall be substtntially as follows:- THIS, -made and -entered ihto, this day of A. D. 19339 b,, and be", een the cuty or mcs.uDa,55 of t of the County or Lake and State. of Illinois, LParty he First Part, and thee V11lqf-,q of Deerfield, a municipal Corporation, of the County of La and State of Illinois, Party of 3econd Part, i WITNL `MAT, the. Party of the First Part hcratofora erected 1 and constructed improvements and betterments to its water wor',s system in the City of Highland Fark, including the construction or a fil_ tratibn plant in connection thorewith and Issued revenue bonds payable solely. out of-the revenue derived-therefrom, under-and by virtue of an Ordin.anco of _'tho-City of Highland passad "-,)proved and recorded Tune tr, 1928, and "JILITIL,ks it is nrovid -in said ord1nanco, among other th inns: That the rates to -.bo'- churged for -water supplied fro:. s u id system, to be offectivo %prll I A'.' D. 1920, shall,-be as foll, -is: TinIMUM-Gf,,rVIce rate: Four months p�riol, begrinnIn,-,,_ April ,first in each Three months period beginning Au­ast',first in each year ----------------------------- 1,50 Vivo naonths period beginning `Toviinb#�r first ----------------- ")"50 in each year ----- 6 ------- "here inoters CAre used' t (20. omts-7-M -7 11 1 a churee of rent, !one hundred (100) cubic feet will be mundes except in cases"where 11 0 C h shii1l -be I f t'e en-'( 15 c en t s '-,o r one hundred-' — T100) L cubic feat. raid rates shall not be reduced olilo any of the -slaid,,,later revenue bonds herein authorized or the interest therpon s . inli -remain un-mid- and it shall be the duty,.,-Of' the L"ouncil to i ncrease such rat C3. -,;henevor it appears that the revenues from said ­aterwor;,. system send u-)on the rtes herein fixod are inadaqunte' to PUY the nrinclpal'� ­7 d U 0 end- Interest of such water revenue, 'bonds us the rrz,,c shall becomes I and to nrovide an 'adequate,Depreclation 'IrUnd and to ),,siy -for the pro der operation and maintenance Of such ra ter warks- system. and 3econd -Part ,,,n �`JEITRI 21NOIS the Party of the t s d es I r ou s of securing water f ro a -La-,'e ichlt sn for Its municipal use thr3u- u said )lur.1 _aad kfiltratlon o Y i t P. belinnin!; Itiovomber 1,. 1929 and aid so hsuT)ply of' vator, and 102 a - '= 17A.11 : AS, the said 'Villa- of Doorfie3ld is now indebted-to the " {;.pity of. 11iriilund Par:, for viater SO - Urchusod and used by it, -iii -th:� � €.amount of w16450.99 for bul;ince due for such supply of wn t,er fine C Ndve-,Iber .l,- LA".9 to r�nt3 ineluct'in ro ~r�ct r rciaciin r�r iyorc,�rt,r$ =1, f' 1:321, after slloirv; all ju,-t credits thereon; :w}aiCh bill is true rind corrget, attached hereto and rondo u p~ixt of this greerent, and the Party of the second Tart- is desirous of scour- ini, from the Party of tho T' irct part i,a tur for Its munio i p al uses for a period until' . pril 30, 1908 under tha;_rates and conditions r.€z rvin- Y._ _ __ above ,and he eaf tar recited, .; :;11,, ,, the ,..arty of the " Irst fart is o..nrr of acrid v.�ter i vor a and' riltration system with nn inlet pie laid in Lai: :o ' }!ichrazz `.�.nd with supply pipes Tar 'the use of its a n inhabitantz, and said water works,systcm is in full operatione IN CollSIDFRA.Tai'G:1 ,C}r SAID ��ll is , It is `hereby .:greed, by and betvoen the parties h €;roto, that the pasty of Vhv FA rat Fart shull`.uso all due diligence to furnish to the Marty !of the Second '?nrt watcr� fro, Lake = lichiran for its municipal uses, !by and throu,t its grater works system from November 1, 1951: until '.april "3C, 1933, rand'the V1113ge of Deerfield, a "unic1pnl Co;porution, An connidorrition or said premiseal hereby agrcos to pay to the City or fii ;inland lour:: said baalanoe duo of -and to obtain and re- ceive x:12 its wnter supply for munio pal uses from tho Party of the ;Flnit t'artthrou!;h its said water works system undat and pursuant to the �` y follo�ir, terms, conditions and prorisiona:- trot: Said Varty of. the First Part shall use ordinary care i and diligence to deliver said y,ator to the party of the aeconA fart `at end throu gh its water main and reciter, located at or non." the rest city limits of the City of Hirhland par, north of and adjoining the Hi Blend PnrY- :eerfiold bond, ho eullga , and "Co maintain the s =e nreauure at-tho said point of delivery 'which is not or shall be main- tained from time to time nny :hare ol.se in the City of. Highland, Park at the, amb t.lictsnco and at the acme elevation from the pumpin plant °of said tarty, of the First Psrt,+hich ^xascare in cso of firo lzi ,any b °ail. iin ; in the " illego of Oo! rfi f: ? i, or in ease or'. a Piro alarm Qf said w'J' lu c3, shall be the a L-ms a t said point � 0f'. del ivcr�K gas shell lo rr.w intaInad in case of fire or lY rc alnrzi within the cor aorate _limi•ts T!i hlr.nd Far =: at a li.:Q distsnc© and elevation that oasis;_ molter and lace of dolivory in distant fro:a u aid )u j�ir�;� plent; .provided,* lzoi,- ... Ivor, the City of Iiirhland Pay;. Sk:al! I1'Y b0 :.e14s to exorcise ordinary J >airc and dili:,f,cnoa iia the carc::ni:os; and providled further. that the rt r. oi' the Socond part shall first. iaotif ._ the engineer or c•i ;'seers f the pumping plcnt :ai -else +pity of tii :eland P rIc in or, ' .of any :such "_t fire. 2nd: In consideration of said pr discs and the i`wz r,isain of said water supply to tho party of they _'3eco,li3 !art, for its municipal use:;, the ;'nary of the, ecord : w 103 City of Hiahlend Park from time to tim3 according to said mater reading n and after the payment of the said necessary expenses of distribution and. repairs to said rater system of the Village of Deerfield shall be t ii applied in reduction of the said balance n= duo and axing by the Par. ty F of the Second Part to the Party of the First Part and no: in arrears j j for water used and shoran on exhibit "A ", hereto attached, and mdo a - 1 part of this agree -tent I provided that in no event shall said payments in my one year, be 1css than : 2000 «00 for each year until said balance of X18,459.90 is fully paid. �I rr is 7UR1711sm, cQV.:aE,rrnNu . :c#Ln that then city of 111r i.land Part r-111 furnish to the Villna;e,of Deerfield statonents of the operation o: its L'ater Department at eny neater reading elate u son request by said d i 11a aQ• . F 1 ;l T �- for or t+nry 4th : -The water so to be furnichod as aforesaid shall- by Paraiciaed and nsttrad by and throw a rel itablo -rates rn measuring accurately the stater passing, throe. h' the servo, sufficient � in size and ntuabor for the purpose .of measuring said Water-supply,, which said Otero shall be .of a typo, satisfactory' to the Varty of the irnt Pa.rt'tand undor the care and control of the Party of the rirst i Part and rnintained and contained 'in' the ::peter .vuu,lt noax conotructerd north of and adjoining the I'Llahland Park-Deerfield Road at or near the test city limits: of the city of fltt;hle:iid Psar.� and any and all tenance and repairs of .; aid_m tern and metcr..v:'wult shall be : reads by the, Party n of' the First art: and. paid Por, by the Party of then :Second art, sub Ject, hoi saver, to the inspection by. the. Party of the cccond Part tat all reasonublez titan upon reasonable notice to the tarty ;if ,.� .� s the z°irst Part, and tall said nr oters. shn1l be located rrithin.the oity limits of the City of highland 'ark' :.__._ k IT TS .1717J..LLY coo" ".i,?l'm SID 1.iGmm by =d .betwcon the partics :..hzrcto, "that the Party of the Second Part shall take, use and consume tgee nrticl Yr3ter -r�pp1 .i'or..,, the `�i#:.o- cf�'ocrfioid for all purpaddxi :°cinder and pursuant to this_ xLgree =nt durinti; the t mio -arid. ; Y in the, canner herein spooified� end pay for the me3 as lie rein r vide ld. ,.... 5th: That any and all notices' by and between the riarti ©s hereto pro iv ded for in this contract or relntin3 to 10,1i is contract, shtall_bo given in writing by servin to copy thereof upon: the .:'_ayor or 'lie City or highland Pa,x. or the President or the tiillam of Deerfield,- or by fiiin- such notico. with' the respective clerks of the respective municipalities. Gth: IT IS t'MIALLY ACM iG:�. E'11? that all Mss ansibili y or the City of 1ir,h1and' Par's for .the use and/or dis- tribution of said ranter by tho , Villa gQ of Deerfield : shall cease r-nd determine upon itu- dolivery at th© naid =ter Lereinbefore referred to. 7th: IT IS '.=Ui >:.LY CGV42 i,i LED 1:11D that in event that the net r supply system and filtrdLion plant now maned by the City of Hi alanci' Park should at. eny ti-a: during the term of this contract bt :co: c . 3Qcl quote to` supply tho demands_cr' the' roniclertn of the city nor_ rii<,lxLlnd . Park and also out side out ro or_- consumers, then the; amount''or, watezr to be deiivored undor this contract shall be li-,Iited to the disposition of the excess ss rater cupply „over and obovo then amount, needed for homy consult ion In .the City .of : ilarva rat the caption of the Party-of - the :"'ir: t Vert« - • - _�� Sth: IT IS ',UM.Uy C�}VE.iAN:I`:.DI 12 i7, I�GIJ z.D. by ts•xc�_,b "et to�it 'thte i rtioa that in case of t:7a buTatin of any of the' _" :�sr'�^aina .or ?iPes in either of raid'unicipezlitioa, in case It ray' become necasstar* -- to rnrm- it tiny_ part of the ;.rater vor'4s systan of either `of `;said perties horcto, whereby it beco=mes nc,�oraary to shun off sui 'Mater supply temporarily, the` Party of tho -17irvt 'Part is hareby cuth- : ` orized to olos3e3 , any vhlvo or valves_ in any --af the rains in citie 't or 'both of siaid.municipalities or at`'thc point of'-delivery bet -en the said municipalities as m y_ be tiocoosary. :f"or tho' protection of wait: . "eater works systOcl, or to resat the oxig encios of the ctaSes 104 f .L: �+aS1 i:i 1.Rt�i+.t.!>Ji Y CO iS`i#a�L:, 53ML.:Yw.) aa3 iJ1f5.YRr:w3J that the said Zarty of t'ho rirst part shall in no vise be held liable or accountable for any each bursting, broak ago or accident ,o.f my kind � that raay' occur to said cantor rorks .system cr rater .;ins, hydrants,;. E vnlvos or other connections within tho, Villpir o of Deerfield Or for any Eater taken for raid village in connection with tho furnishing- of said eater as herein provided- by,the Warty of tha Fir-.t 2' art, and the _ paid part y of the Second Part hereby covenants and 4greon to save, and keep harmless said Party of the .'first Part from any Laid ell darmgo or exponae that it -ty in eny wize incur,,or suffer by ronson of the execution or perf orvznce of this J111- rc=ent. ' 9th- IT IS :} y:.G1� CC}�d�;�' ra »�'UD *��_.G MLD. thc.t tho enid J Party of i s First part nr.rll not be :;.3.d accoantable car liteble, nor j n %all it b�► held or considared as a brew h of this .contract for failuro on its part to supply eater to the said Par ty of the uoeond ,part ;rowing out of any brecaknao, unavoidable accident or injury of any rind occurin, to the grater wor!cs aystem, filtration plant, Later `rrarina� or an par thereof, ` or. ion- ~�ccouat of any suit or �r ©cee:iin:a, judE?ra3nt Or docre . in any coUr_t: of reoord, restruinin or interfering �ritb the City of Iiis�hlund pari; in 'carrying out this contract on its I part,; nor shall it be hold liable or accountable urder this A roement �- - :for any fniluraa "to supply renter growing- out of cny lack .of fue.1 or v - er:;to-opc:rato : its pumpin wor:.s occasioned by cny unavoidab.LQ..�..--- ----�= �--� dent; -fiat of God beyond' its control the., tint of the elements,"' -��-- strikes,' riots or ;public enemy, prat the City or pre my coven-ants and agrees to use due diligmge; and care `to per i form its con-tract upon its pnrt and use ell duo dill fnce to repair ' ^r replace cny and all broakaacs. ioth: rr is rFJzti�ii:�3 G'3V P: ;�'�D -AND AGRZi? , try* the !,)arty,- of the Second 'Part, that in case the 'arty of the :reecond: Fart shall, , at any ti:naq make any default in the performance oP -:any of._the :" ,. covc;nants, conditions and agreements to be Impt and c formed by it f on _it':s .part, or ma%e default in any of the pzaymonts lerein provided for on its part as cef'orescaid, and if any such dofoult nhn1l con- t inue for a period or sixty clays, than and in that 'case this con- . tract nray be' forthwith terMirzo t+ad at the ont ion of the Party of -,the First pert uncap ;c,;ivin ton days provious notice in „riting .of its :,, ntention no to cio," and thuroupon tho ,_�;tator..apply may be diccontinuod, ��ut the tcarninntion of this cortrsct l° i the Party o*' t:2f2 : "iz °u : ;'art f and the d1scontinuance- of the "supply "or ;:ester shall in no "ay: k thfi�.l.inbility of the .}arty of the socond part to 'day for the mater �= us. shall hClve Wen :nu$ plied and the e«`ount now . due to the party of tae. k "Irst ' # a.rt, provided, that the exercise -of said option, tho giving of ; I.said noulao and declamation 'of the Braid terminet'ion of said. contract i be orrectivo' only rafter and upon c racOutlon to that effect, {� !�d! 7.pted by the City CounaLl Of the City of Hi- ;hland- Par!; first 1tho i^ing .the name. _.. 1Mlltth: Time sucall be of the essence of thin Ccartrnct red i :11. -.the. terms and covenants and conditions thereof. F -- `12th: In event this Contract chall be terminated aw .afore -- said by the srty of the First° Part, then and in that aria _ of the First, Ptirt may, nt its opr ion, i =xadlatoly disconnect tho s -apply wa yr rains, end said tarty or the l`irst x"azrt shall, upon C'a3d;- , tf,rmination, be .under no further e.Aigntion- to =pply thv Party oP ! : the Cncond Part with grater. - ti f E 105 } This :�antreet ia_adc and executed in duicnie` in .pu. ~- L 'suanee —of,an Ordinance of. the <Cit `Co1.t:� it of the It of i,i;2rlau 'ax , dtAly =adopted on bo, day of - :; D. 1,4333, author12ing the execution of they smro by-­ the AM,ayor aid- and in _, rsuanco- of la like Crdinewace dul;. aAopt.ed Eby thr nresidont and D rd ; Trastees cf - the` ��illage - of. , Loserfiold fln the' �* day a i ♦ ! =i. .D. 1933. X7(1 �+ _p � t R.., :7i:�.a.i.�:+.Iw �. the1-:�� My. 0"r a111G11�' M) '%:.7e, tho. ? esents to be signed � by its ,11ay�©r, �Quntaral ed by ._its pity Cle.'� and Attes tod under. -its .' Cor -pnrate Seal,, and, the: ,'ILLta:,� OF ; "11 1.1.?) hats caused thaso prascnts to bo signed by its : resident= ountersigned by its `lillego ' Clan, end At tasted -under its. Corporate ;teal, all on -the day of A, ). 1D33. { bSayoz• of the Cit;� a� :zirtilan: Park.' 3ar _ ,. _A `«��.. `.... City Clark b ✓ w II % .. Door- . / eld ' . ... ss Vital • .. SECTIp,T 2. This Ordinance shall be in full force and , effect from and after its passage-, approval and recor'dati pn l - Presi-de 1 e bard. n ATTEST 4 Clerk - . s ,sue ti � FILED: PASSED: Gf, it APPROT� o : RECQRD 'D : - 1 CITY OF HIGHLAND PARK � i STATLIiENT OF 14A SEA ACCOUNT WITH THE VILLAGL OF DEL RFIELD -AS OF J.AITUARY 25, 1933. April 1, 1930 47995° —° X7199.25 Paid X4000.00 July.2, 1930. 15¢ rate i n August 19 1930 291810 4377.15 Paid X5595.35 Nov.- 25, 1930 November it 1930 294390-0 4415.85 PQid {46609.33 Oct. 8, 1931 { { r.. A pril 1 1931 37839_O 5675.85 Paid X3179.07 Feb. 59 t 1932 August 1, 1931 35598° —°' 53390 'Paid w�3750.00 June 70 1932 r November it 1931 00 35323_... 5 298 45:: Paid 42222.19 Aug. 30, 1932 4 April 19 1932 4316500 6474.75. Paid w1996 , 92 Jan. 25, 1933 r--- August l , 1932 24691° —° 3703.65 ._ { November 1, 1932 2218 °O 3328.20 027352.88 18h59.99 . }. X45812.85 } r. c! IT "E?OI BIT , A" ff 1 AdIld f