1982-03-15 - Resolution 1982-14 - APPROVING THE FIRST AMENDMENT TO NORTHWEST WATER COMMISSION WATER SUPPLY CONTRACT FOR THE VILLAGE OF BUFFALO GROVE RESOLUTION NO. 82- 14
RESOLUTION APPROVING THE FIRST
AMENDMENT TO NORTHWEST WATER
COMMISSION WATER SUPPLY CONTRACT
FOR THE VILLAGE OF
BUFFALO GROVE
WHEREAS , on March 3 , 1982 the Commissioners of the Northwest
Water Commission formally approved a "First Amendment To
Northwest Water Commission Water Supply Contract" for Commission
members Arlington Heights , Palatine , Wheeling and Buffalo Grove ,
a copy of which First Amendment is attached to the Resolution
and incorporated herein by reference ; and
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 "First Amendment
to Northwest Water Commission Water Supply Contract for the Village
of Buffalo Grove" be approved and executed by the duly authorized
officers of the Village of Buffalo Grove .
NOW, THEREFORE, BE IT RESOLVED by the President and Board of
Trustees of the Village of Buffalo Grove , Cook and Lake Counties ,
Illinois , as follows :
SECTION ONE : The "First Amendment to Northwest Water Commission
Water Supply Contract for the Village of Buffalo Grove, " a copy of
which is attached hereto 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 "First Amendment to Northwest Water Commission Water
Supply Contract for the Village of Buffalo Grove" in six (6)
counterparts , and to cause said documents to be delivered to the
Northwest Water Commission.
SECTION THREE: This Resolution shall constitute the Village
of Buffalo Grove' s consent to the identical First Amendment to
Northwest Water Commission Water Supply Contract for the Villages
of Arlington Heights , Palatine and Wheeling as required under
Paragraph 11 of the "Northwest Water Commission Water Supply Contract
for the Village of Buffalo Grove" , dated April 6 , 1981.
SECTION FOUR: This Resolution shall be in full force and
effect from and after its passage and approval in the manner provided
by law.
AYES : 6 - Marienthal, Stone, O'Reilly, Hartstein, Gerschefske, Schwartz
NAYES : - None
ABSENT: 0 - None
PASSED: March 15 , 1982
APPROVED: March 15 , 1982
Village Presi nt
ATTEST:
'Village Clerk
i V
FIRST AMENDMENT TO
WATER SUPPLY CONTRACT FOR
THE VILLAGE OF BUFFALO GROVE
THIS AMENDMENT, made and entered into this
15th day of MARCH , 1982, by and between the
NORTHWEST WATER COMMISSION (hereinafter referred to as
the "Commission") , a water commission created under
Chapter 24, Article 11, Division 135, Illinois Revised
Statutes, and the Village of BUFFALO GROVE
a municipal corporation in Cook and Lake Counties,
Illinois, acting under the laws of the State of Illinois
(hereinafter referred to as the "Municipality") ,
WITNESSET H:
WHEREAS, the Commission and the Municipality have
entered into a "Northwest Water Commission Water Supply
Contract for the Village of BUFFALO GROVE
dated April 6, 1981 (hereinafter referred to as "the
Contract") ; and
WHEREAS, Paragraph 5 (a) of the Contract provided
that the Municipality' s liability for making payments there-
under would commence at the first quarterly payment date
following the issuance of the Commission' s revenue bonds;
and
WHEREAS, the Commission and the Municipality, as
well as the Commission' s other member municipalities, have
determined that it is not in their best interests for the
Commission to issue its revenue bonds in 1982 as originally
contemplated under the Commission' s 1981 financial plan,
and intend to enter into an "Intergovernmental Agreement
Providing for Proportionate Transfers of Funds Between the
Northwest Water Commission and its Member Municipalities"
to provide for an alternate means of financing the
�.J•
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Commission's project to provide a common source of supply
of Lake Michigan water for its member municipalities; and
WHEREAS, consistent with the arrangements con-
templated under the aforesaid interngovernmental Agreement,
the Commission and the Municipality, as well as the
Commission' s other member municipalities, desire to amend
Paragraph 5 (a) of the . Contract with respect to the Munici-
pality' s liability for making payments thereunder; and
WHEREAS, the Commission and the Municipality, as
well as the Commission's other member municipalities also
desire to amend the aforesaid Paragraph 5 (a) in order to
clarify the method of determining "Net Annual Cost" there-
under.
NOW, THEREFORE, in consideration of the foregoing
and of the mutual covenants and agreements herein contained,
the parties hereto agree as follows:
1. That Paragraph 5 (a) of the Contract is hereby
amended to provide that the Municipality's liability for
making payments thereunder shall commence on May 1, 1983.
2. That Paragraph 5 (a) of the Contract is hereby
further amended to provide that item (2) of "Commission
Receipts" on page 11 shall hereafter be and read as follows:
" (2) any other revenues collected by the Commission for
or with respect to the use or services of its Water
Supply System, other than rates and charges collected by
the Commission under its water services contracts with
the Municipality, Arlington Heights
Palatine and Wheeling
3. That except as modified by this Amendment, all
of the terms and conditions of the aforesaid Contract
shall remain in full force and effect.
v - 3 - . .
IN WITNESS WHEREOF, the parties hereto acting
under authority of their respective governing bodies have
caused this Amendment to be executed in several Counter-
parts, each of which shall constitute an original, all as
of the day and year first written above.
NORTHWEST WATER COMMISSION
VV
ATTEST:
A0A-(4/114/ WAV
c
VILLAGE OF BUFFALO GROVE
-171_(1:10--...- __23<./
Village President
- n
:ATTEST. _
— ,
Vti _ - e-Clirk