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S-542 - 07/28/1984 - WATER - Ordinances ORDINANCE NO. S 542 AN ORDINANCE AUTHORIZING THE FJa=ION OF AN AbUMMCNTP TO THE WATER PURCHASE CONTRACT WHEREAS, the Village of Oak Brook and the DuPage Water Commission have entered into a Water Purchase Contract; and WHEREAS, the DuPage Water Commission currently has before it the consideration of, or has adopted an ordinance to cause the amendment of the Water Purchase Contract; and WHEREAS, the corporate authorities of the Village of Oak Brook would accept the amendment to that Contract and wish to herein authorize the Village President and Village Clerk to execute said amendment in the form approved by the DuPage Water Cammission. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENTP AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the preamble hereinabove set forth is hereby adopted as though fully set forth herein. Section 2: That the Village President and Village Clerk are hereby authorized to execute an amendment to the Water Purchase Contract between the DuPage Water Commission and the Village of Oak Brook. Section 3: That the Village President and Village Clerk are hereby authorized to execute the amendments which are attached to this ordinance, labelled Exhibit "A", and hereby made a part hereof. Section 4: That this Ordinance shall be in full force and effect fran and after its passage and approval as provided by law. Passed this 28th day of July , 1984. Ayes: Trustees Maher, Rush, Watson and President Cerne Nays: Trustee Philip Absent: Trustees Imrie and Listecki Approved this 28th day of July , 1984. fwl it age res dent ATTEST: Village Clerk Approved as to Form: �. \7�Le�htac�C Village Attorney Published Date Paper Not Published XX I AN AMENDMENT TO THE WATER PURCHASE CONTRACT BETWEEN THE DU PAGE WAT$R COM-MISSION AND THE VILLAGE OF OAK BROOK WHEREAS, the DuPage Water Commission (hereinafter referred to as "COMISSION") , and the Village of Oak Brook (hereinafter referred to as "MUNICIPALITY") , have entered into a contract known as the DuPage Water Commission Water Purchase Contract (hereinafter referred to as "CONTRACT"); and WHEREAS, the COMMISSION and the MUNICIPALITY desire to amend the terms and provisions of that CONTRACT. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual covenants and agreements herein contained, and in consideration of the sun of One Hundred Dollars and No Cents ($100.00) paid by the MUNICIPALITY to the COMMISSION, the receipt of which is hereby acknowledged, the parties hereto agree that the CONTRACT shall remain in full force and effect between then except for the amendments to such CONTRACT set forth below: 1. Section 1: The definition of "Bonds": shall be amended by adding to the definition the following sentence: "Bonds" shall not, however, mean interim development notes nor general obligation bonds. 2. Section 2: The definition of "Member" shall be amended by adding to the definition the following sentence: Whenever in this CONTRACT the approval of a Member or Members is required or permitted, such approval shall be evidenced only by a resolution or ordinance passed by the Corporate Authorities of the Member or Members. Exhibit "A" Page 1 of 4 - r 3. Section 12: Section 12 shall be 'amended to read as follows: 12. Service to Others: Except for this CONTRACT and similar contracts and any other agreement entered into between the COMMISSION and other Members, and except as hereafter provided in Section 21, no contract or any other agreement for the sale of Lake Water by the COMMISSION to any custaner shall be entered into unless such contract or any other agreement shall first be approved by resolution or ordinance affirmatively adopted by at least two-thirds (2/3) of the Members. No such Contract or any other agreement for the sale of Lake Water to any such customer shall contain rates or charges equivalent to or more favorable than those provided in this CONTRACT without the unanimous approval of the Members. 4. Section 11: Section 11 shall be amended in that the first paragraph shall read as follows: 11. Abandonment: The Members by resolution or ordinance approved by at least two-thirds (2/3) of their corporate authorities may authorize the COMMISSION to terminate acquisition and construction of all or any part of its Waterworks System prior to its substantial completion. Provided, however, that if such termination would result in delivery of water to some Members but not delivery of water to others, the affirmative vote to terminate must also have included more than 50% of the Members who would be entirely deprived of Lake Water from the COMMISSION if such acquisition and construction of the Waterworks System were terminated. All of the following must occur before such termination. 5. Section 8: Section 8 shall be amended in that the second sentence of suL_ section (c) shall read as follows: -2- Exhibit "A" Page 2 of 4 The COMMISSION shall only be permitted to borrow funds or issue its Bonds therefore if at one time it can borrow funds or issue Bonds or general obligation bonds in a total amount sufficient (together with expected interest earnings ngs on Bond proceeds prior to disbursement) to pay Eighty-Five percent (85%) of the cost of acquiring and construction the entire Waterworks System sufficient to serve the needs of the Members through the year 2020, and shall at such time as it may determine provide in due course for the payment of all cost of acquiring and constructing the Waterworks System. The parties intent that the terms of this Amendment are to be non-severable. To the extent that any part, terns or provision of this Amendment to the CONTRACT should be determined by a court of competent jurisdiction to be illegal, invalid, unenforceable or in conflict with any law, then the parties herein desire to cause the termination and cancellation of the CONTRACT in its entirety. IN WITNESS WHEREOF, the parties hereto have caused their respective names to be subscribed hereto and their corporate seal to be hereto affixed and attested by their duly authorized officers, all on the date set opposite their respective corporate name. DU PAGE WATER COMMISSION, BY: TITLE: DATED: 1984 ( ATTEST: BY: TITLE: -3- Exhibit "A" Page 3 of 4 VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, a municipal corpora- tion VILLAGE PRESIDENT, DATED: 1984 ATTEST: VILLAGE CLERK -4- Exhibit "A" Page 4 of 4