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S-543 - 08/14/1984 - WATER - Ordinances ORDINANCE NO S-543 AN ORDINANCE AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE WATER PURCHASE CONTRACT BETWEEN THE DU PAGE WATER COMMISSION AND THE VILLAGE OF OAK BROOK WHEREAS, the Du Page Water Commission (hereinafter referred to as the "Commission") and the Village of Oak Brook (hereinafter referred to as the "Village") have previously entered into a contract known as the Du Page Water Commission Water Purchase Contract (hereinafter referred to as the "Contract") , and WHEREAS, the parties have entered into an amendment to that Contract and desire to enter into a second amendment, and WHEREAS, the subject of this Second Amendment will be to authorize the Village to enter into new, renewed or extended contract arrangements for the acquisition of water from any other unit of local government or any entity other than the Water Commission, and to enter into any new, renewed or extended contracts, agreements or other arrangements to provide for the supply or distribution of water outside of its corporate boundaries until such time as the Water Commission is able to furnish Lake Michigan water to the Village, and WHEREAS, the Commission desires to offer to the Village by the passage of this ordinance the ability of the Village to cause the Second Amendment to the Contract to take place, and WHEREAS, the acceptance by the Village of this offer by the Commission may be exercised by the Village through the passage of a motion, ordinance or resolution accepting the offer of the Commission, or through the execution of the contract amendment which is appended to and made a part of this Ordinance; and WHEREAS, this Ordinance shall constitute an acceptance of the Commission's offer embodied in the Second Amendment to the Water Purchase Contract, which offer is irrevocable for a period of ninety (90) days from July 28, 1984• NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1 : That the Village President is hereby authorized to execute and the Village Clerk to attest the Second Amendment to the Water Purchase Contract, which amendment is attached hereto and made a part hereof as Exhibit A. Section 2: That this Ordinance shall be in full force and effect immediately upon its passage. Passed this 14th day of August , 1984. Ayes: Trustees Imrie, Maher, Philip, Rush and Watson Nays: None Absent: Trustee Listecki Approved this day of , 198 oil ATTEST: Village President Villag4 Clerk Appprgved As To Form: A VIllage Attorney Published Date Paper Not Published XX EXHIBIT A SECOND AMENDMENT TO THE WATER PURCHASE CONTRACT BETWEEN THE DUPAGE WATER COMMISSION AND THE MUNICIPALITIES WHEREAS, the Du Page Water Commission (hereinafter "Commission") and twenty (20) municipalities-, the names of which are appended to this Second Amendment (hereinafter "Municipality") as Exhibit 1 , have previously entered into a contract known as the Du Page Water Commission Purchase Contract (hereinafter the "Contract") , and WHEREAS, the Commission and the Municipality have determined that in light of the passage of the Illinois General Assembly's passage of a statute entitled The Illinois Water Commission Act, Public Act 83-1123, formerly known as Senate Bill 1859, a Second Amendment to that Contract should take place; and WHEREAS, the purpose of that Second Amendment will be to permit the Municipality to buy and sell water, as aforesaid until such time as the Commission shall make Lake Michigan water available to it in adequate amounts to fulfill the water needs of the Municipality; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS AND OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE that the Contract shall remain in full force and effect between them, except for the previous amendment to this Contract and this Second Amendment which is set forth below: Section 1 : The Contract shall be amended by adding a new Section 26 which shall read as follows: 26. Waiver of Statutory Term. Until such time as the Commission shall be able to provide to the Municipality its Full Water Requirements, the Commission does hereby consent to the Municipality continuing in force or entering into any new, renewed or extended contracts, agreements or other arrangements for the acquisition of water from any other unit of local government, or any entity other than the Commission. In addition, until such time as the Commission shall be able to provide to the Municipality its Full Water Requirements, the Commission does hereby consent to the Municipality continuing in force or entering into any new, renewed or extended contracts, agreements or other arrangements to provide for the supply or distribution of water outside its corporate boundaries. In agreeing to this amendment, the Commission intends to grant the approval required under the provisions of Senate Bill 1859 and in so doing has precluded itself from asserting such rights under that legislation or amendments to that legislation for the life of this Contract. Section 2: This Contract may be executed in counterparts. If the counterparts should bear the signatures of the Commission and any individual municipality, such documents shall constitute a Contract herein. DU PAGE WATER COMMISSION THE VILL F OAK BY: BY: Chairman Vil age r sidenf ATTEST: ATTEST: Villa e Clerk Dated Dated EXHIBIT 1 VILLAGE OF ADDISON VILLAGE OF LISLE VILLAGE OF BENSENVILLE CITY OF NAPERVILLE VILLAGE OF BLOOMINGDALE VILLAGE OF OAK BROOK VILLAGE OF CAROL STREAM CITY OF OAK BROOK TERRACE VILLAGE OF CLARENDON HILLS VILLAGE OF ROSELLE CITY OF DARIEN VILLAGE OF WESTMONT VILLAGE OF DOWNERS GROVE CITY OF WHEATON CITY OF ELMHURST VILLAGE OF WILLOWBROOK VILLAGE OF GLENDALE HEIGHTS CITY OF WOOD DALE VILLAGE OF HINSDALE VILLAGE OF WOODRIDGE STATE OF ILLINOIS ) ) SS. COUNTIES OF COOK $ DU PAGE) I , Marianne Lakosil do hereby certify that I am the duly qualified and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties , Illinois . I DO FURTHER CERTIFY that the annexed document is a - true and correct copy of ORDINANCE NO. S-543 AN ORDINANCE AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE WATER PURCHASE CONTRACT BETWEEN THE DU PAGE WATER COMMISSION AND THE VILLAGE OF OAK BROOK I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the re- cords '. Journals , entries , resolutions , ordinances , and documents of the said Village of Oak Brook, DuPage and Cook Counties , Illinois . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 15th day of August 1984 Willa e leek oot he_Ti jage of Oak Brook, DuPage Coa-k_ Counties , Illinois .