(A) Continuance Of Water Main Connections And Shutoff Valves: Previously heretofore, pursuant to a prior intergovernmental agreement between the parties hereto, the village of North Pekin was granted the right to install shutoff valves and connections with the water mains of Creve Coeur. It is agreed by and between the parties that unless this agreement is otherwise terminated as provided herein, the village of North Pekin shall continue to maintain in place the presently existing shutoff valves and connections with the water mains of Creve Coeur.
(B) Maintenance And Repairs: It is agreed by and between the two (2) municipalities that all costs incurred for upkeep and repair of the master meter and shutoff valves installed and maintained in conjunction with the connection with the water main of Creve Coeur shall be paid for by the village of North Pekin, Illinois. Said master meter and shutoff valves shall be and remain the property of the village of North Pekin and at any time this agreement should be terminated, the village of North Pekin shall have the right to remove said meter and shutoff valves.
(C) Water Supply Production: Each municipality shall maintain the ability to supply to the other water at forty (40) psi (pounds per square inch) except at such time as the supplying municipality may be in an emergency situation, or otherwise unable to do so.
(D) Water Rates: During the time the valves and connections described and provided for herein are in operation, the consumer municipality shall pay to the supplying municipality a sum equal to one hundred percent (100%) of the highest rate between two (2) municipalities per one thousand (1,000) gallons of water in effect at the time of consumption. The amount of water consumed shall be determined by the increase or decrease of water pumped at each one of the municipality's wells.
(E) Emergency Purposes Only: It is further agreed that the valves shall only be used in case of an emergency or in instances where either party, due to planned shutdown or otherwise, has unavailable to it sufficient water to meet its needs, and not for the purpose of supplying the normal water needs of the consuming municipality. The water operator of each municipality shall immediately notify the water superintendent of the other municipality when water is turned on or shut off by means of the connections made pursuant to this agreement. At any time an emergency condition is to last for a period of greater than thirty (30) days, the other municipality shall have the right to terminate water consumption by means of the shut off valves installed on the water main of Creve Coeur as agreed to herein. Any such shut off valve shall not be left in the "on" position after the emergency ceases to exist, regardless of the fact that thirty (30) days may not have elapsed since the commencement of the emergency.
(F) Quality Of Water: The supplying municipality shall not be liable for the quality of the water after water leaves the main of the supplying municipality and enters the mains of the consumer municipality. Each municipality shall undertake all efforts necessary to provide cross connection protection.
(G) Term Of Agreement: This agreement shall be in full force and effect from the date of execution and hereafter until amended or changed by mutual agreement of both respective corporate authorities. It is agreed that neither North Pekin nor Creve Coeur shall either directly or indirectly seek any modification of this agreement through court action.
This agreement may be terminated by either municipality by giving to the other six (6) months' notice in writing, authorized by the corporate authority of the notifying municipality, indicating the intention to so do.
(H) Invalidity: If any provision of this agreement shall be declared invalid for any reason, such invalidation shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end, the provisions of this agreement are to be severable.
(I) Construction: This agreement shall be construed in accordance with the laws of the state. (Ord. 293-J, 6-14-1995)