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R-1018 - 05/27/2008 - AGREEMENT-WATER - Resolutions Supporting Documentsr( }}Y Y 11 4 ITEM 9,B,2i AGENDA ITEM Regular Board of Trustees Meeting of May 27, 2008 SUBJECT: Yorkfield Area Water System Purchase Agreement FROM: David J. Niemeyer, Village Manager BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTION: A Resolution R -1018 approving the Yorkfield Area Water System Purchase Agreement by and between the City of Elmhurst and the Village of Oak Brook. Backi!round/History: A number of years ago, Oak Brook and Elmhurst began discussions on the sale of the Yorkfield portion of the Village of Oak Brook water system to the City of Elmhurst. Elmhurst Hospital is in need of tying into this system as a result of their expansion. The area is generally an unincorporated area north of Roosevelt Road, south of Butterfield Road, east of Euclid Avenue, and west of Caldwell Avenue adjacent to Elmhurst. In 2004 the Village engaged Alvord, Burdick, and Howson to come up with a valuation for the area. The report outlined a low value of $110,000 based on an economic value to the City of Elmhurst to a high of $889,000 based on reproduction cost for a new system less depreciation. The two communities Board's eventually agreed on a sale price of $350,000. According to previous staff memos, this represented seven years of net revenue to the area. Over the past several months Attorney Sterk, Mike Meranda, Dale Durfey and I have been working on a purchase agreement for the sale of this part of the system to Elmhurst. Attached is final draft of the agreement that was approved by the Elmhurst City Council last week. The sale closing is scheduled for May 28, 2008. It should be noted that if the Village decided not to sell the system we would have to spend upwards of $4.5 million between 2016 and 2018 for water main and hydrant replacement. Last saved by Default J \Agenda ItemsWorkfield Area Water Purchase doc Last pnnted 5/22/2008 4 08 PM Recommendation: That the Board of Trustees approve the Resolution R -1018, approving the System Purchase Agreement by and between the City of Elmhurst and th e Brook. Last saved by Default J \Agenda Items \Yorkfield Area Water Purchase doc Last punted 5/22/2008 4 08 PM Yorkfield Area Water Village of Oak RESOLUTION 2008- AG- WA -EX1 -R -1018 A RESOLUTION APPROVING THE YORKFIELD AREA WATER SYSTEM PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF ELMHURST AND THE VILLAGE OF OAK BROOK WHEREAS, the Village of Oak Brook ( "Oak Brook ") owns and operates a water system known as the Yorkfield Area Water System as described in the Purchase Agreement attached hereto as Exhibit A; and WHEREAS, the City of Elmhurst ( "Elmhurst') desires to purchase the Water System from Oak Brook substantially in conformance with the Purchase Agreement; and WHEREAS, Oak Brook will sell the Water System to Elmhurst substantially in conformance with the Purchase Agreement. 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: The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein. Section 2: The Purchase Agreement in the form attached hereto as Exhibit A is hereby approved subject to review and approval of the Village Attorney. Section 3: Upon approval of the Village Attorney, the President and the Village Clerk are authorized to execute and attest the Purchase Agreement and such other documents as may be necessary to effectuate the sale of the Water System to Elmhurst. Section 3. If any section, paragraph, clause or provision of this resolution shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this resolution. Section 4: All resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5: This resolution shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS day of May, 2008. PASSED THIS day of May, 2008. Ayes: Nays: Absent: John W. Craig Village President ATTEST: Charlotte Pruss Village Clerk