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R-936 - 01/24/2006 - DUPAGE WATER COMMISSION - Resolutions Supporting Documents• AGENDA ITEM Regular Board of Trustees Meeting of January 24, 2006 I'!'l:M moll. 1) U�17 SUBJECT: Resolution for a Waiver of Provisions of the DuPage Water Commission Contract FROM: Richard B. Boehm, Village Manager 4 BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to approve adopting Resolution 936 entitled: "A Resolution Approving a Waiver of Certain Provisions of the Charter Customer Contract with the DuPage Water Commission" Background /History: Public Act 93 -0226 required that all water supply customers of the Commission pay water rates equal to the rates paid by other water supply customers of the Commission and only pay for the pro -rata portion of the Commission's original capital costs less any rebates and costs of connection. The Commission has adopted a pricing methodology for all subsequent water customers. Provisions of Public Act 93 -0226 is in conflict with Section 12(c) regarding subsequent water customers of the Charter Customer Contract. This resolution waives the provisions of Section 12(c) of the Charter Customer Contract and puts our contract in compliance with State law. All charter water customers with the exception of Bensenville have either approved the waiver or are expected to. Recommendation: It is recommended that the Village of Oak Brook approve adopting Resolution 936 entitled: "A Resolution Approving a Waiver of Certain Provisions of the Charter Customer Contract with the DuPage Water Commission" Last saved by Administrator J \2006 Board Transmittals \12(c) Waiver for Water Commission doe Last printed 1/20/2006 3 16 PM 12(c) Waiver Charter Customer Waiver Approval Resolution No. Date Expected to be Approved Date Approved Addison 1/16/06 1/16/06 Bensenville 1/17/06 --- Bloomingdale 1/23/06 Carol Stream 1/17/06 1/17/06 Clarendon Hills 1/16/06 1/16/06 Darien 1/16/06 1/16/06 Downers Grove 2/7/06 Elmhurst 1/16/06 1/16/06 Glen Ellyn 1/23/06 Glendale Heights 1/19/06 1/19/06 Hinsdale 1/17/06 1/17/06 Itasca 1/17/06 1/17/06 Lisle 1/9/06 Lombard 1/19/06 1/19/06 Naperville 1/17/06 1/17/06 Oak Brook 1/24/06 Roselle 1/9/06 Villa Park 1/16/06 1/16/06 Westmont 1/16/06 1/16/06 Wheaton 1/17/06 1/17/06 Willowbrook 06 -R -02 1/9/06 Wood Dale 1/12/06 1/12/06 Woodridge 2/2/06