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R-51-26 Approving An Intergovernmental Agreement By and Between the Village of Lemont and Grand Prairie Water Commission for Cooperating in Constructing a Waterworks System418 Main Street I Lemont, IL 60439 TO: Village Board Meeting FROM: George Schafer, Administration THROUGH: SUBJECT: A Resolution Approving An Intergovernmental Agreement By and Between the Village of Lemont and Grand Prairie Water Commission for DATE: Cooperating in Constructing a Waterworks System June 8, 2026 SUMMARY/BACKGROUND Attached for consideration is an intergovernmental agreement by and between the Villa Lemont and the Greater Prairie Water Commission (GPWC). ge of The Greater Prairie Water Commission (GPWC) comprised of the City of Joliet, Village of l Shorewood has purchased a 15+- acre property at 12550 Bell Road within the Villlla e of e of Lemont to locate an intermediate pumping station and storage standpipe facilities. The Village of Lemont is not a part of the commission. The facilities would be constructed prior to 20�0 where the commission is to serve its communities with Lake Michigan Water. The standpipes are approximately 130+ feet tall potentially starting with one immediately and another by es complete buildout of the system, according to GPWC. It has been made known that the GPWC has been granted authority by the state legislature a water commission and can locate its infrastructure in and through the Village limits, with or without the Village's permission. Officials from GPWC have attended theCommittee g th e as Whole in September of 2024 and again in February 2026 to discuss theirpro ectand th the Village's ongoing concerns. The outstanding items were discussed once again at the My Committee of the Whole. While not perfect, legal is recommending that the Village Boar approve the intergovernmental agreement at this time to move the issue forward. The Viillla e was able to secure additional terms favorable to the Village on issues related to: g • Coordination of the numerous Village capital projects taking place on 131st Street; • Coordinating to avoiding utility conflicts along proposedroute Village infrastructure and long-term maintenance provisio sin he ev nIt they a eg needed. • Assurances against GPWC as an entity serving in unincorporating areas within Lemont's planning area; • GPWC to assist in mitigating drainage, noise and other impacts for the residents most impacted by facilities on Bell Road and assisting in connecting Bell Road via path/pedestrian connectivity. • Assurances the Village is able to recoup costs associated with outside review of lans for facilities and utilities through Village limits throughout duration of project. p Subsequent to the IGA, staff will be presenting for approval a planned unit development the facility site on Bell Road, likely at the June 22nd Village Board meeting. for ANALYSIS Consistency with Village Policy Lemont 2030 Comprehensive Plan STAFF RECOMMENDATION Discussion. BOARD ACTION REQUESTED The item is up for discussion. The document and resolution may be presented for formal approval at the next Board Meeting along with the PUD documents if recommended by Committee of the Whole. ATTACHMENTS Lemont - Resolution Approving IGA with Grand Prairie Water Commis.pdf CLEAN GPWC-Lemont IGA 5.7.2026(1367221.pdf VILLAGE OF LEMONT RESOLUTION NUMBER R- -5 l -26 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF LEMONT AND GRAND PRAIRIE WATER COMMISSION FOR COOPERATING IN CONSTRUCTING A WATERWORKS SYSTEM JOHN EGOFSKE, Village President CHARLENE M. SMOLLEN, Clerk JANELLE KITTRIDGE SAMUEL FORZLEY KEN MCCLAFFERTY KEVIN SHAUGHNESSY RICK SNIEGOWSKI RON STAPLETON Trustees Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont onb �2026 RESOLUTION NO. R- 51 -26 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF LEMONT AND GRAND PRAIRIE WATER COMMISSION FOR COOPERATION IN CONSTRUCTING A WATERWORKS SYSTEM Be it resolved by the President and Board of Trustees of the Village of Lemont, Cook County, Illinois as follows: SECTION 1: The Intergovernmental Agreement between the Village of Lemont and the Grand Prairie Water Commission for a period of twenty-five (25) years with the potential for automatic renewals for additional terms of ten (10) years in substantially the form attached hereto as Exhibit A is approved ("Agreement"). SECTION 2: The Village President and Village Clerk are hereby authorized to execute the Agreement on behalf of the Village. SECTION 3: If any section, paragraph, clause or provision of this resolution shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this resolution. SECTION 4: All resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. 2 ADOPTED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, ON THIS _6__ DAY OF �(,c ��/ 2026. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Janelle Kittridge Samuel Forzley V Ken McClafferty Kevin Shaughnessy Rick Sniegowski V Ron Stapleton Attest: John Egofske, Village President l ' harlene M. Smollen, Village Clerk -'t®;nois STATE OF ILLINOIS COUNTY OF COOK )SS CERTIFICATION I, Charlene Smollen, do hereby certify that I am the duly qualified and elected Village Clerk of the Village of Lemont, Cook, DuPage and Will County, Illinois, and that as such Village Clerk I do have charge of and custody of the books and records of the Village of Lemont, Cook County, Illinois. I do her by further certify that the foregoing is a full, true and correct copy of Resolution No. �- "A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF LEMONT AND GRAND PRAIRIE WATER COMMISSION FOR COOPERATION IN CONSTRUCTING A WATERWORKS SYSTEM" adopted Lemont, Illinois on an approV54 by the President and Board of Trustees of the Village of 2026. IN WITNESS WHEREOF, I have hereunto affixed my hand and the Corporate eal of the Village of Lemont, Cook, DuPage and Will County, Illinois this e 2026. �z day of Charlene Smollen Village Clerk Village of Lemont Cook County, Illinois EAR B17OIS C! Exhibit A Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT BETWEEN GRAND PRAIRIE WATER COMMISSION AND VILLAGE OF LEMONT This Intergovernmental Agreement ("Agreement") is made as of the date of its execution by and between the GRAND PRAIRIE WATER COMMISSION, an Illinois regional water commission, municipal corporation and public body politic and corporate ("GPWC"), and the VILLAGE OF LEMONT, an Illinois municipal corporation ("Lemont") (individually, a "Party" and collectively "Parties"). 1. Recitals. 1.1. The Parties have authority to enter into this intergovernmental agreement pursuant to the Intergovernmental Cooperation Act, 5 ILCS 22o/i et seq., Article VII, Section to of the Illinois Constitution of 1970, and other applicable law. 1.2. The Grand Prairie Water Commission has been established pursuant to the Regional Water Commissions Act, 65 ILCS 5/11-135.5-1 et seq., ("RWC Act") by the Village of Channahon, the City of Crest Hill, the City of Joliet, the Village of Minooka, the Village of Romeoville and the Village of Shorewood ("GPWC Members") for the purposes of jointly acquiring, either by purchase or construction, and to jointly operate and improve, a waterworks system or a common source of supply of water, or both. The Parties acknowledge that the GPWC is an entity that is separate and distinct from the GPWC Members and that this Agreement is binding directly on the GPWC and is not binding on the GPWC Members as individual units of government. 1.3. The GPWC has entered into a water supply agreement between the GPWC and the GPWC Members as well as a project management agreement between the GPWC and the City of Joliet ("Joliet") pursuant to which Joliet serves as the Program Manager for the GPWC. 1.4. GPWC has acquired the property at 1255o Bell Road in Lemont ("Site"), which will be the location for certain facilities that will be part of the proposed waterworks 1 system to enable the GPWC to provide a source of Lake Michigan water to the GPWC Members. GPWC desires Lemont's cooperation in obtaining the necessary approvals and permits for construction, operation and maintenance of water storage tanks and pump station facilities and related appurtenances ("Water Facilities") at the Site and its water transmission main and related appurtenances ("Transmission Main") between the Site and other points in the GPWC waterworks system. 1.5. Lemont has determined that it is willing to cooperate with the GPWC and Joliet (as Program Manager) in connection with GPWC obtaining approvals and permits for GPWC's use of the Site for the Water Facilities and the construction of the Transmission Main within Lemont. 1.6. Lemont has identified certain Village capital projects and Lemont Park District capital projects that will be occurring in the vicinity of the Transmission Main as well as certain existing utility facilities in the vicinity of the Transmission Main that may require protection, and coordination between GPWC and Lemont on these matters will be beneficial. 1.7. Lemont recognizes the GPWC is a regional water commission with territory outside the Lemont municipal borders and which will have facilities located in multiple counties and municipalities, and that Lemont cannot prevent GPWC from achieving its governmental purpose of providing a joint source of water and waterworks system for the GPWC Members. 1.8. The Parties have discussed the potential impact of GPWC's proposed construction of the Water Facilities and Transmission Main on Lemont and its residents and have agreed upon certain considerations that will mitigate that potential impact. 1.9. By entering into this Agreement, Lemont and the GPWC intend to enable GPWC and Joliet to continue planning, designing and constructing the waterworks system 2 of the GPWC for the delivery of Lake Michigan water and operation by the GPWC and coordinating such work with Lemont in the manner described in this Agreement. 2. Approvals for GPWC. GPWC, as owner of the Site, has applied to Lemont for zoning approvals in connection with construction, operation and maintenance of the Water Facilities. GPWC will also apply for other land development approvals (if needed) pertaining to the development of the Site for these purposes. These applications by GPWC are voluntarily submitted but not required for a regional entity like GPWC and are submitted for the purpose of coordination with Lemont with a reservation of rights by GPWC. 3. Permits and Other Approvals. Lemont will issue all permits and approvals pertaining to the construction of the Water Facilities and Transmission Main within Lemont or rights -of -way or other areas over which Lemont has jurisdiction, both on private or public property and in public rights -of -way. Lemont will not charge GPWC/Joliet any fees in connection with any permits, approvals and other items required in connection with the Water Facilities and Transmission Main. GPWC agrees to pay for reasonable costs associated with third -party architectural/engineering and attorney review of the plans necessary for issuance of building and construction permits ("Permit Review Fees") required in connection with the Water Facilities. The GPWC hereby agrees to reimburse Lemont within sixty (6o) days following written request, which includes detailed invoices provided by Lemont from time -to -time within sixty (6o) days following the date of the invoice and no more frequently than monthly. 4. Coordination of GPWC and Lemont Construction. 4.1. GPWC will coordinate with Lemont in connection with construction projects to be performed by Lemont (or its contractors) within the Village of Lemont during construction of the GPWC Water Facilities and Transmission Main. However, GPWC and Lemont acknowledge and agree that control of and jurisdiction over roads and rights -of -way within and adjacent to the Village of Lemont may be held by third -parties, including the Illinois Department of Transportation, Will County Department of 3 Transportation, and Cook County Department of Transportation and Highways ("CCDOTH") and are not under the control of GPWC or Lemont. 4.2. GPWC plans to construct and install a portion of the Transmission Main within the CCDOTH right-of-way in/along 131s' Street between Bell Road and Archer Avenue, a portion of which is within Lemont's village limits. Lemont plans to construct and install a new bicycle path on the south side of 131s' Street from Bell Road to Derby Road. GPWC and Lemont agree to discuss with each other their respective designs, locations and schedules for their improvements in/along 131st Street in this area in an effort to coordinate their schedules to minimize disruption of the right-of-way and damage to the other's improvements. If the bicycle path is installed prior to initial construction of the Transmission Main and is damaged by GPWC or its contractors during initial Transmission Main construction, GPWC will restore (by repair or replacement) the bicycle path to its condition at the commencement of GPWC construction of the Transmission Main. If the bicycle path is installed after the initial construction of the Transmission Main, Lemont will not lower the ground elevation above the Transmission Main and will adjust the elevation of any appurtenances to the Transmission Main in coordination with and as directed by the GPWC. 4.3• Lemont and GPWC understand that Lemont Park District plans to construct improvements to Derby Farms Park ("Park"), a ten -acre park located near the intersection of 131s' Street and Derby Road. GPWC will coordinate with the involved entities to design its Transmission Main taking into account the proposed locations for utilities to serve the Park and the planned right -in, right -out entrance to the Park from 131s' Street. GPWC will comply with all requirements of permits issued to GPWC by CCDOTH in connection with any traffic signal (either permanent or temporary) controlling ingress and egress to and from the Park that is in place and operating during initial construction and installation of the Transmission Main. M 4.4• GPWC and Lemont have discussed the design, location and timing of construction of the Transmission Main within the CCDOTH right-of-way along 135th Street between Smith Road and Archer Avenue as well as within the CCDOTH right-of- way on Bell Road between 131st Street and the south property line of the Site and the proposed Lemont 12-inch diameter water main that Lemont has determined is necessary for Lemont's use in these areas. Plans have been provided to Lemont's staff showing sufficient space is available for Lemont's future water main within the 135th Street right of way and in the planned GPWC easements along Bell Road. To the extent and during the time period in which GPWC acquires easements for the initial construction of the Transmission Main along Bell Road, GPWC agrees to coordinate with Lemont and use best efforts to acquire (by mutual agreement with property owners) easement rights for possible shared use by Lemont for the proposed Lemont 12-inch diameter water main. 5. Future Utility Coordination. GPWC and Lemont recognize that at certain locations within Lemont, the Transmission Main will be installed at a location that is above specific Lemont utilities in existence as of the date of this Agreement. These existing locations are: Lemont Utility Location/Type of Potential Conflict Sanitary Sewer (10-inch) Transmission Main crosses existing 10-inch diameter sanitary sewer on Bell Road along northern portion of the frontage of the Site Sanitary Sewer (10-inch) Transmission Main crosses existing 10-inch diameter sanitary sewer on Bell Road along southern portion of the frontage of the Site Sanitary Sewer (8-inch) Transmission Main crosses existing 8-inch diameter sanita sewer on �31st Street west of Silver Fox Drive Sanitary Sewer (8-inch) Transmission Main crosses existing 8-inch diameter sanitary sewer on 131st Street east of Silver Fox Drive Water Main (12-inch) Transmission Main crosses existing 12-inch diameter water main on 131st Street at Silver Fox Drive 5.1. In the event that Lemont needs access to any of the Lemont utilities at the locations listed in the table in Section 5 for the purpose of repair or maintenance, Lemont shall notify GPWC during the planning phase of any such proposed work. In the event of a need for 5 emergency repair, Lemont shall notify GPWC upon becoming aware of the need for a repair (which notice may be pursuant to a JULIE locate request). Lemont and GPWC shall meet to discuss the proposed repair or maintenance and how it can be performed in a manner that is cost-efficient and minimizes any potential risk to the existing Lemont utilities and the Transmission Main as listed in the Table in Section 5; such discussion shall include which type of repair or maintenance best benefits both Lemont and GPWC, and may include rehabilitation methods that do not require excavation at the location listed in Section 5. GPWC agrees to cooperate with Lemont to not unreasonably delay any repair or maintenance work by Lemont. Lemont shall provide copies of any plans and specifications and an estimate of the cost of the proposed repair or maintenance work, including identification of any incremental additional costs attributable to the presence of the Transmission Main in a location identified in the table in Section 5 as compared to the costs of such repair or maintenance without the Transmission Main in that location. GPWC agrees to pay the incremental additional costs of the repair or maintenance of the Lemont utility that are attributable to the presence of the Transmission Main in a location identified in the table in Section 5. 6. Water Service in the Area. GPWC agrees that GPWC will not sell potable water at retail to unincorporated properties located within that portion of Lemont's planning area as established pursuant to Division 12 of Article a of the Illinois Municipal Code, 65 ILCS 5/11-12-1 et seq. 11.5 miles], as it exists at the time of this Agreement, and that are also located within the County of Cook and County of Will without the written approval of Lemont. If another municipality annexes any unincorporated properties that were part of Lemont's planning area, the properties annexed to another municipality will no longer be considered part of Lemont's planning area and the restriction of this provision will no longer apply to such annexed properties. Ce 7. Additional Consideration. 7.1. Signage on the Water Facilities will be limited to GPWC signage and those required or permitted by law, and no other branding or information about off -premises businesses will be included in signs located on the Water Facilities. 7.2. GPWC represents GPWC's performance of construction activities at the Site will not adversely affect the wells or septic systems located within the residential lots adjacent to the northern boundary of the Site ("Adjacent Properties"). 7.3. GPWC agrees that all sound generated by the Water Facilities will be mitigated and managed. GPWC will comply with all applicable noise laws and regulations including those set forth in Section 17.14.010, titled "Noise Standards", of the Lemont Unified Development Ordinance of 20o8 ("UDO"), applicable to R Districts as the Sound Source Zoning District, as measured at the Site's northern property line. 7.4. GPWC has provided a detailed Grading and Drainage Plan, Project No.173440124, dated 2025.10.15 ("Drainage Plan") as part of its zoning application and will submit the Drainage Plan for permit approval by the Metropolitan Water Reclamation District ("MWRD"). The current condition of the Site includes a low-lying wetlands area and no detention basins. GPWC confirms that the Drainage Plan demonstrates that GPWC will retain the low-lying wetlands area and provide two detention basins in the central/southwest quadrant of the Site and additional basins along Bell Road to accommodate off -site (roadway) drainage and allow the stormwater to flow out at the southwest corner of the Site, which diverts stormwater runoff away from the Adjacent Properties and is consistent with the current drainage pattern on the Site. GPWC agrees to construct the Water Facilities and maintain the Site in compliance with the final Drainage Plan approved by the MWRD. 7.5. GPWC will preserve and enhance the tree and vegetation buffer along the northern Site boundary contiguous to the Adjacent Properties as shown on the updated Landscape 7 Planting Plan, Project No. 173440124, dated 2026.01.28 ("Landscape Plan"). GPWC will comply with the Landscape Plan which provides for supplemental landscaping beyond what is required by Lemont's UDO. 7.6. GPWC has provided an updated Site Plan Photometric Exhibit I and II, Project No. 173440124, dated 2026.1.28 ("Lighting Plan") as part of its zoning application and agrees that the lighting on the Site will be in conformance with the standards set forth in the Lighting Plan. GPWC also confirms that the Lighting Plan is in compliance with the regulations set forth in Section 17.14.020, titled "Illumination Standards", of Lemont's UDO. 7.7. GPWC agrees to donate to Lemont a 3o-foot-wide strip of property along the northern end of the Site ("Donated Property") to be used for any public purpose that does not interfere with the GPWC's use of the Subject Property or operations of its Water Facilities or Transmission Main, including the purpose of Lemont's future development of a pedestrian connectivity and bicycle path. The Donated Property will be conveyed pursuant to a deed limiting the use of the property for such public purpose. GPWC's conveyance of the Donated Property to Lemont will take place after completion of the construction of the Water Facilities and the Transmission Main within Lemont and issuance by Lemont of final certificates of occupancy for the Water Facilities and upon written notice from Lemont of its intent to use the Donated Property for a proper public purpose. 7.8. GPWC will dedicate a strip of land in an amount up to 50 feet in width along the Bell Road frontage of the Site by a statutory plat for highway purposes. Lemont agrees to use its best efforts to obtain dedication of right-of-way for Bell Road between the Site and 131st Street. 7.9. GPWC will pay to Lemont a one-time amount of Two Hundred Fifty Thousand Dollars ($250,000.00), to be paid within 6o days after completion of the construction of the Water Facilities and the Transmission Main within Lemont and issuance by Lemont of final certificates of occupancy for the Water Facilities. This payment shall be used by Lemont for Lemont's future development of a pedestrian connectivity and bicycle path that benefits the Adjacent Properties or to accomplish the objectives set forth in Section 7.7 of this Agreement. 8. Term. This Agreement shall be in force commencing from the date of its execution by both parties for a period of twenty-five (25) years and shall automatically renew for additional terms of ten (1o) years unless either party notifies the other party of its intent not to renew not less than one (1) year prior to the end of the then -current term. 9. No Third -Party Beneficiary. This Agreement is for the benefit of the Parties and not for the benefit of any third -party beneficiary. No third party shall have any rights or claims against the GPWC or Lemont arising from this Agreement. io. Notices. All notices and other communications in connection with this Agreement shall be in writing and will be deemed delivered to the addressee thereof when delivered in person, by a reputable overnight courier, or by messenger at the address set forth below, or three business days after deposit thereof in any main or branch United States post office, certified or registered mail, return receipt requested, postage prepaid, properly addressed to the Parties, respectively, at each Party's contact information as provided with its signature. A Party may change its contact information by giving notice to the other Party pursuant to this Section. ii. Execution. The persons signing this Agreement on behalf of each Party confirm that they are executing this Agreement pursuant to proper authority duly granted. [signatures on following page] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written below. Village of Lemont, an Illinois municipal corporation Grand Prairie Water Commission, an Illinois regional water commission, municipal corporation and public body politic and corporate By: By: Its: ' i Ve i i G 0 f Its: Date: tt 6 - Date: ATTEST: v� �0 ATTEST: v Z By: By: Its: u Its: Contact Party for the villa ont: Contact Party for the Grand Prairie Water Commission: Name: Name: Address: Address: L-&Mo A+ . T I Telephone: tDy Telephone: Email: ga4e, it ko gA4� Email: v r Ito]