R-768 - 03/27/2001 - WATER - ResolutionsW
RESOLUTION 2001 -DWC-R- 7 68
A RESOLUTION IN OPPOSITION OF THE DuPAGE WATER COMMISSION'S
EXTENSION OF WATER SERVICE WITHOUT REQUIRING THE SUBSEQUENT
CUSTOMER TO ACCEPT FULL WATER ALLOCATION
WHEREAS, the Village of Oak Brook is a Charter Member of the DuPage Water Commission; and
WHEREAS, the Village of Oak Brook has been obligated by the DuPage Water Commission
pursuant to the terms of the Water Purchase and Sales Contract (hereinafter "Charter Agreement ") to
accept its full allocation water requirement; and
WHEREAS, there is currently a request from DuPage County to secure a partial water allocation
for its Greene Road water customers also known as the Woods of Hobson Greene Subdivision; and
WHEREAS, DuPage County has not agreed to accept a full water allocation, and
WHEREAS, granting an isolated group of customers, which are not a public utility or a
municipality, partial water allocation is inconsistent with the Charter Agreement and the Water
Commission's prior practice of requiring full water allocation; and
WHEREAS, failure to require a Subsequent Customer to accept its full water allocation prejudices
the Charter Customer's recoupment of both past and future fixed costs, and
WHEREAS, there is no justification under the Charter Agreement to require Charter Customers or
Subsequent Customers to accept a full allocation and permit a Subsequent Customer to accept only a
partial allocation, and
WHEREAS, equal treatment of Charter Customers and Subsequent Customers is required by the
Charter Agreement and is fundamentally fair, and
WHEREAS, the Village of Oak Brook has no objection to the Water Commission servicing
DuPage County or any other Subsequent Customer so long as they are required to accept a full water
allocation within a reasonable period of time based on the practicalities associated with connection to the
Water Commission and so long as they are required to accept a Subsequent User Water Agreement
subject to the same essential terms and conditions of the Charter Customer's and Subsequent Customer's
Water Purchase Agreement and Sales Contract
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS that the Village of Oak
Brook is opposed to the granting of a partial water allocation to any Subsequent Customer of the Water
Commission, including, but not limited to the Greene Valley customers unless the municipality or the
private utility entity agrees to accept its full allocation within a reasonable date established by the
Commission
The Village Clerk is hereby directed to immediately forward a certified copy of this Resolution to
Joel Herter, Chairman of the DuPage Water Commission.
Resolution 2001- DWC -R- 768
DuPage Water Commission
Water Allocation, Page 2
PASSED AND APPROVED this 27th day of March 2001, by the President and Board of
Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, according to a roll call vote as
follows:
Ayes: Trustees Butler, Caleel, Craig, Kenny and McInerney
Nays- None
Absent. Trustee Savino
Abstain* None
ATTE Sl,'�
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V1llage,CierA
Village President