2013-10-21 - Ordinance 2013-072 - APPROVING THE AMENDED AND RESTATED WATER SUPPLY CONTRACT BETWEEN THE NORTHWEST WATER COMMISSION AND ITS MEMBER COMMUNITIES 10/14/2013
Ordinance No. 2013 - 72
An Ordinance Approving the Amended and Restated
Water Supply Contract Between The Northwest Water
Commission and Its Member Communities
WHEREAS, the Village of Buffalo Grove is a member of the Northwest Water
Commission (hereinafter referred to as the "Commission") a water commission created under
Chapter 65, Article 11, Division 135, Illinois Compiled Statutes (65 ILCS 5/11-135-1 etseq.),
along with the Village of Arlington Heights, the Village of Palatine and, the Village of
Wheeling, municipal corporations in Cook and Lake Counties, Illinois, the municipalities are
collectively referred to as "Members"; and
WHEREAS, the Commission has been created to acquire and operate a common source
for supply of water and to develop facilities of sufficient capacity to furnish an adequate
supply of potable water to Commission members and customers; and
WHEREAS, the Commission has entered into a Water Supply Contract with the City of
Evanston, dated March 4, 1981, as amended, in order to have available Lake Michigan water
in the quantities contracted to be sold by it to its Members; and
WHEREAS, the Commission and each of its Members have previously entered into
substantially identical Northwest Water Commission Water Supply Contracts dated April 6,
1981, and have amended said Water Supply Contracts by entering into substantially identical
First Amendments thereto; and
WHEREAS, the Commission and its Member have previously on April 4, 1983 entered
into a First Amended Water Supply Contract ("1983 Agreement"), an Amendment to the 1983
1
Agreement dated September 5, 1990 and a Second Amendment to the 1983 Agreement
dated September 20, 1993; and
WHEREAS, the Commission and the Municipalities desire to enter into the attached
Amended and Restated Water Supply Contract ("Contract") in order to consolidate the
provisions of the aforementioned Water Supply Contracts, First Amendments, and to provide
for other necessary and appropriate amendments to said contracts, amendments and
agreement; and
WHEREAS, by entering into the Contract, the Village intends that the Contract shall
supersede the aforementioned contracts and amendments and that from and after the
effective date of the attached Contract said contracts and amendments shall become null and
void and that the attached Contract shall thereupon become the entire agreement between
and among the Commission and the Village with regard to the matters addressed herein; and
WHEREAS, by the execution of the attached Contract, the Village is surrendering none
of its rights to the ownership and operation of its Municipal Systems, nor is the Commission
surrendering any of its rights to the ownership and operation of its Water Supply System, but
each expressly asserts its ownership of and continued right to operate such Systems
consistent with the Contract;
WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove have
determined it to be in the best interest of the Village of Buffalo Grove and its citizens that the
"Amended and Restated Water Supply Contract Between the Northwest Water Commission
and the Village of Arlington Heights, the Village of Buffalo Grove, the Village of Palatine, and
the Village of Wheeling," be approved and executed on behalf of the Village of Buffalo Grove
by its duly authorized officials.
NOW,THEREFORE, BE IT ORDAINED by the President and Board of Trustees, of the
Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows:
2
SECTION ONE: The Amended and Restated Water Supply Contract
Between the Northwest Water Commission and the Village of Arlington Heights, the Village of
Buffalo Grove, the Village of Palatine, and the Village of Wheeling, a copy of which is attached
to this Ordinance, and by this reference incorporated herein and made a part hereof, be, and
the same hereby is approved.
SECTION TWO: The President and Village Clerk of the Village of Buffalo
Grove are hereby authorized and directed to execute the aforesaid Amended and Restated
Water Supply Contract on behalf of the Village of Buffalo Grove. The Village President has the
authority to approve non-conceptual changes to the attached Amended and Restated Water
Supply Contract.
SECTION THREE: This Ordinance shall be in full force and effect from and
after its passage and approval in the manner provided by law.
AYES: 6— Berman, Trilling, Sussman, Terson, Stein, Ottenheimer
NAYES: 0 - None
ABSTAIN: 0 - None
ABSENT: 0 - None
PASSED: October 21 , 2013.
APPROVED: October 21 , 2013.
all Village President
ATTEST:
Village Clerk
#99594
3