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R-1943 - 04/13/2021 - WATER - Resolutions ITEM 6.D.5 BOARD OF TRUSTEES MEETING V11 IAGE or SAMUEL E. DEAN BOARD ROOM OAK BR , K BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of April 13, 2021 SUBJECT: Sale of Surplus Real Estate, the various Easements located within the Non- Resident Portions of the Villages Water System FROM: Doug Patchin, Director of Public Works aP BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move the Village Board Approves Passage of Resolution R — 1943, a Resolution authorizing and approving the Sale of Surplus Real Estate of various Easements located within the Non-Resident Portions of the Villages Water System, which extends outside the Village Corporate Limits. Background/History: Part of the Asset Purchase Agreement for the sale of the Non- Resident Water System include easements, which extend outside the Village Corporate Limits. The majority of these easements are located within State, County, and Municipal Roadways and/or Right of Ways.There are recorded Easements where the water mains are located in shared Utility and Water Main Easements that run through private properties. All of the Water Main Easements located within the Non-Resident Portions of the Villages Water System will be included as part of the Asset Purchase Agreement. A legal notice for the Sale of Surplus Real Estate was posted in the Daily Herald newspaper on March 25, 2021 and April 1, 2021. Recommendation: Staff recommends that the Village Board Approves Passage of Resolution R — 1943, a Resolution authorizing and approving the Sale of Surplus Real Estate of various Easements located within the Non-Resident Portions of the Villages Water System, which extends outside the Village Corporate Limits. BOT AGENDA Page 1 RG THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2021 -PW-SURP-RE-R-1943 A RESOLUTION APPROVING AND AUTHORIZING THE SALE OF SURPLUS REAL ESTATE GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAWED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 1311 day of April 2021 RESOLUTION NO.2021-PW-SURP-RE-R-1943 A RESOLUTION APPROVING AND AUTHORIZING THE SALE OF SURPLUS REAL ESTATE WHEREAS, the Village of Oak Brook is a municipal corporation organized pursuant to Illinois Statute and authorized to transact business as set forth in the Illinois Municipal Code; WHEREAS,the Village of Oak Brook(hereinafter referred to as"Village")pursuant to the Illinois Municipal Code is authorized to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS,Chapter 65 Section 5/11-76-4.1 of the Illinois Compiled Statutes provides that the corporate authorities of a village may authorize the sale of surplus public real estate to be conducted by the staff of the municipality and may accept any contract proposal determined to be in the best interest of the Village by a vote of 2/3 of the corporate authorities then holding office; WHEREAS, to the extent the property referred to herein and described in Exhibit A includes real estate,in the opinion of the corporate authorities of the Village of Oak Brook such property is surplus real estate and as a result of which said property is no longer necessary or useful to the Village of Oak Brook,therefore,in the opinion of the corporate authorities,it is in the best interests of the Village of Oak Brook to dispose of said real estate as part of the sale of the water transmission system; WHEREAS,the Corporate Authorities of the Village of Oak Brook hereby find that the aforementioned real property is no longer necessary or useful to,or for the best interests of the Village of Oak Brook,therefore,the aforementioned property should be disposed of in a manner as provided for in this resolution, WHEREAS,in 2017,staff was directed to investigate the potential interest in the sale of non-resident portions of the Village of Oak Brook's water system,which first included exploration of interest from the adjacent communities and ultimately ended in Staff exploring interest from the private business sector; WHEREAS, in or about the beginning of 2019 the Village engaged American Infrastructure Technologies, LLC (hereinfter referred to as "AIT") to develop and write the specifications for a Request for Proposals(hereinfter referred to as"RFP"); WHEREAS, in August of 2019,the Village Board authorized the issuance of the RFP,a notice of which was posted publicly by the Village,and as a result of which two sealed proposals were received by the Village and subsequently opened on September 4,2019; WHEREAS,the two proposals were submitted to the Village Board for consideration,Aqua Illinois, Inc., Kankakee, Illinois, $12.5 Million purchase price and Illinois American Water, Belleville,Illinois,proposed$5.5 Million or$8.5 Million purchase price,depending on an appraisal; 2 WHEREAS,the Village Board after careful deliberation of the matter selected Aqua Illinois, Inc. (hereinafter referred to as"Aqua') and directed Staff to work with Aqua and the DuPage Water Commission(hereinafter referred to as the"DWC") on a cost estimate for the DWC Buy- In for Aqua,who requires this cost before continuing with the Asset Purchase Agreement; WHEREAS,the outstanding issues have been resolved and memorialized in an Asset Purchase Agreement between the Village and Aqua,which was approved by the Village Board on March 23,2021;and WHEREAS,the Village of Oak Brook Corporate Authorities are of the opinion that it is in the best interests of the health,welfare and safety of the residents of the Village of Oak Brook to declare the property referenced herein as surplus real estate and finalize the sale of the water transmission system for the purposes referenced herein. NOW,THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook,DuPage and Cook Counties,Illinois,in open meeting assembled,as follows: Section One—Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this resolution are full,true and correct and do hereby,by reference, incorporate and make them part of this resolution as legislative findings. Section Two—Declaration of Surplus Real Estate The Village Board by 2/3 of the Corporate Authorities now holding office are of the opinion that to the extent the property listed in Exhibit A includes real estate,such property is surplus real estate and is no longer necessary or useful to,or for the best interests of the Village,the Corporate Authorities hereby authorize and direct the conveyance or sale of said real estate in the manner and form directed herein. Section Three—Authorization and Direction To the extent that the property listed in Exhibit A includes real estate: a) The Board of Trustees hereby authorizes and directs the Village Manager to sell said real estate as listed in Exhibit A which is incorporated herein and made a part hereof pursuant to the terms and conditions set forth in the Asset Purchase Agreement which as approved at the March 23,2021 meeting of the Village Board of Trustees. b) The Village President is hereby authorized,empowered and directed to sign and the Village Clerk to attest thereto,any and all documents necessary to transfer title and finalize the sale of said real estate as per any finally negotiated terms. Section Four-Other Actions Authorized The officers,employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this resolution and otherwise to consummate the transactions contemplated herein, and shall take all actions necessary in conformity therewith including, without limitation, the finalization, execution and delivery of all 3 documents required to be delivered in connection with the Asset Purchase Agreement and the transaction contemplated herein and the obtaining of any regulatory approvals and delivery of any notices in connection therewith. Section Five-Acts of Village Officials That all past,present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this resolution are hereby, in all respects, ratified, approved,authorized and confirmed. Section Six-Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Seven-Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Eight-Conflict Clause All resolutions, parts of resolutions and/or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Nine-Saving Clause If any section,paragraph,clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional,the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution which are hereby declared to be separable. Section Ten-Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. (Remainder of This Page Intentionally Left Blank) 4 PASSED THIS 131hday of April 2021. Trustees Baar, Cuevas, Saiyed, Tiesenga, Yusuf Ayes: Trustee Manzo Nays: Absent: None APPROVED THIS 13`h day of April 2021. Gopal G. Lalmalani Village President ATTEST Charlotte K. Pruss Village Clerk t � � V 5 Exhibit A Description of Surplus Real Estate 6