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S-541 - 07/24/1984 - WATER - Ordinances ORDINANCE NO. S- 541 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE WATER DEVELOPMENT COST CONTRACT t WHEREAS, the Village of Oak Brook and the DuPage Water Commission entered into a Water Development Cost Contract dated March 1, 1983; and WHEREAS, the parties desire to cancel that Contract; and WHEREAS, an amendment to the Water Development Cost Contract has been prepared which amendment will cancel that document, 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 preamble hereinabove set forth be 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 Development Cost Contract in substantially the form attached hereto, labelled Exhibit "A" and hereby made a part hereof. The corporate authorities are informed that the DuPage Water Commission is currently considering authorizing its officials to execute such a contractual amendment. Section 3: That "An Ordinance Declaring The Intent Of The Municipality To Obligate Itself For A Proportional Share Of The Development Costs Of A Project Proposed By The DuPage Water Commission" passed by the corporate authorities of the. Village of Oak Brook on February 22, 1983, is hereby repealed. Section 4: That this ordinance shall be in full force and effect from 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. i Vil age resi ent ATTEST: Villag, Clerk Approved as to Form: Village Attorney Published Date Paper Not Published XX r AN AtMMIENT TO THE WATER DEVELOPMENT COST CONTRACT WHEREAS, the DuPage Water Commission and some of its member municipalities C` have entered into a Contract dated as of March 1, 1983, and known as "The Water Development Cost Contract"; and WHEREAS, that Contract authorized the Commission to issue interim Water Development Notes and obligates the members of the Commission to make contributions to the Commission to pay sums sufficient to retire such Notes; and WHEREAS, the Commission and some or all of its contracting members have determined that it is no longer feasible or desirable to issue such interim water development Notes; and WHEREAS, Section 22 of the Water Development Cost Contract does not limit the power of the contracting parties to amend that Contract prior to the initial issuance of Notes; NOW, THEREFORE, in consideration of the mutual covenants herein contained and the mutual desire of the parties to cancel the Water Development Cost Contract, it is agreed, as follows: Section 1: The Water Development Cost Contract entered into between the DuPage Water Commission and this municipality dated as of March 1, 1983, is hereby cancelled and terminated. Section 2: Upon the cancellation and termination of this Agreeenent, neither the Water Commission nor any of the municipalities which became signatories to the Water Development Cost Contract shall have any obligation under such Contract. In particular, the Water Commission does hereby relinquish any rights which it may i` have had under the Water Development Cost Contract to require the Village of Oak Brook to pay to the Commission sums for the payment of principal of or interst on the Notes and does hereby waive and relinquish any right to issue such Notes as a result of the Water Development Cost Contract. Exhibit "A" Page 1 of 2 Section 3: This Contract may be executed in several counterparts, each of which shall be deemed to be an original, and all of which shall constitute but one and the same instrument. Any such counterpart may be signed by one or more of the parties hereto. 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: VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, a municipal corpora- tion Village President-yam; DATED: 1984 ATTEST Village Clerk -2- Exhibit "A" Page 2 of 2