about six hundred seventy two customers and it was originally part of a private have private have a village own water system and there are three particular contracts that appl that are relevant to this particular water system there was a nine hundred seventy three agreement where the proper part of the privately held water system was transferred to lake county there was a nine hundred seventy five agreement which the builders transferred its portion of the h w g water system to the county and the county x to do pursuant to state statute and then there was a two thousand and nine agreement entitled water supply and sales agreement that involved not only the village and the county but also  for the remaining waters portion of the water system and gave it to lake county again that was pursuant to us state statute there is nothing in the ukraine interim one hundred seventy five and this is relevant to the intergovernmental cooperation act that has anything to do with the transfer of governmental authority the purposes of powers the rights the objectives or the responsibilities of contract in parties those contract in parties being the village and the county but as far as any transfer of governmental authority from the village to the county and why is that important is important because the intergovernmental cooperation act which is no hold if i could just call the act the enterprise quote that any contract under the act quota set forth fully the purposes of powers rights objectives and responsibilities of the contracting parties so if you're going to have a transfer of any governmental authority from one village had nothing to do with the county system of the county water system located within the w g subdivision other than it allowed for and this is typical any franchise agreement that a village might have that the village would not have been competing stories were already given and provided for by the legislature to the county the village did not need to do anything as far as giving those rights and if they were going to just ask you any more of the rebuttal of rights and i suggest that the court that at th hand over in this case the bones the only other where the other half is privately owned your own by a a plan truss which had developed part of the h w g subdivision and that was the nineteenth that was the subject here of the hundred seventy three agreement so there were two agreements that eventually transferred the entire water system one from a private entity a land trust to the county this is in the safety seventy three and then the second in one hundred seventy five from the local revenue bond refund in again very much like an s s a from the subdivision here at seventy five hundred i don't believe there's a clause indicating that with the county received from the village was the ownership of the waterworks system by taking the ownership of half of the villages water for a system that did not de facto transfer all the area such very much like an s s a as the county proposes this language would have been here didn't think nineteen seventy five now let's be clear about one thing the village isn't a party in this case you know me ok but in nineteen and part of that agreement said that the car off this project would be paid by the consumers who are the consumers they're your clients correct partly yes because of the act the intergovernmental cooperation it is very explicit when it says this any contract if this was going to be an idea in your governmental remit of course which it makes no mention of in the next seventy five agreement or the two thousand cause and that's a fix that the thing didn't fix it entirely in the sense joy it's really our property damage claims go back five years that's the statute of limitations and your property damage claims amount to what came this water system needs to be replayed so we're not disputing at least i didn't think we were not disputing the two thousand and six fix that was paid for not by revenue bonds it was paid for somehow i don't see the all of the storage tanks that were in the over only they would have had to elevate the core mission facility which they couldn't have done with the existing system so they did a temporary coordination system in two thousand still through the years like any other system we hid pieces of it replaced in k it was early operating expense of the system the temporary coronation facilities were part of the operation of the system they went in with the twenty years ago but they did fail out of computing system to be built i can still find it said that even though there is there may be some language in that nine hundred seventy five contract that language is not sufficient go in and replace the system in the village streets in frankly when it came down to actually doing that in two thousand and now they're actually in two thousand and eight when the when  the county apply for a permit to do that and they refused to do it unless the county switched and instead of the contrary for the well how soon reservoir site in some division connected with the competing system that they'd allow which was part of the reason for the two thousand and eight agreement so that the village could impose recapture fees on this particular subdivision for connected into that other competing system and the village couldn't post connection or connection fees to this system which to build was good enough to include back in is part of our construction project cost for building and constructing the brand new system but once again the village isn't part of displaying a geisha it's not a party right here no not never this one there are several others that they were and several others with river in building a new water system in an existing subdivision i mean this is not putting him in wrong ground before any houses are up all the houses are already there him in turn is not how you can put that pavement you can do the to do it how are you no pay for you look at the circumstances you hear every where he have all of these houses two hundred twenty four residences and you're going to be working within their own while people are living the county made their discretionary determination and in fact they did the whole of the project by boring method of construction and that's what the bill is his authority over with respect to giving you're going to be drilling under you're going to be working in our streets we don't want you to rebook the streets or cause damage actual damage like there was in the old pro terrorist case that was cited by the plaintiffs but again specific damages that were alleged but the ones that just claimed that they were damaged they couldn't use their basement they hid these other economic losses the court rejected that said those are our property may be worth a moment less because we've got a fifty year old water system in the ground and they do they did let me ask you a question regarding water works system isn't the definition and frankly if the plaintiff's interpretation was the meaning you would need any of those phrases or combination or all in the institution because it would almost be the whole thing it would always be the any waterworks property because within counties you're going to have systems like the fix in this case show the county hit dozens of water systems located different areas throughout the brief court there in the state it did you know the you want a constitution article seven section ten makes quite clear that local governments are authorized to country between themselves to share and to share their to release the village from any claims the county made here because of breach of contract because they allowed the competing system in the village in violation of what we would consider any violation of the terms of the one nine hundred seventy five each of those rights and responsibilities is quite specified specifically laid out including the obligations of the cost customers of the system to pay for the upgrade of the system in much the same way that section six of the name hundred seventy five trick waited out only this time it was more specific because we knew exactly what we were going to be doing with a subordinate rep in the back and the and the written by the monumental construction project as opposed to the one there were the less expensive temporary facilities until the system could be replaced both in the temporary system socke heavily populated with very interested people and all the other lawsuits involving the village the room oh thank goodness the systems in the ground is one step attention was brought the rest of the system is now you know laid open and how can you how can you say that it was the villages or the counties negligence in painting that caused it to have to be repaired because that