1990-26RESOLUTION NO. 90 -26
A RESOLUTION APPROVING AN
AMENDMENT TO THE FIRST AMENDED
WATER SUIPLY CONTRACT BETWEEN THE
NORTHWEST WATER COMMISSION AND THE VILLAGE
OF ARLINGTON HEIGHTS, THE VILLAGE OF BUFFALO GROVE
THE VILLAGE OF ?SLATINE, THE VILLAGE
OF WHEELING
WHEREAS, the Village of Buffalo Grove (the
"Village ") is a member of the Northwest Water Commission (the
"Commission "); and
WHEREAS, the Village and Commission desire to amend the
First Amended Water Supply Contract between the Commission and
the Villages of Arlington Heights, Buffalo Grove, Palatine and
Wheeling to provide for the design and construction of an addi-
tional Point of Delivery for Arlington Heights, to revise the
elevation of Buffalo Grove Point of Delivery No. 1, and to
provide an alternate method for design and construction of and
payment for additional Points of Delivery; and
WHEREAS, the Village hereby waives the notice and meeting
procedure for amending the Contract as set forth in Paragraph 11
of the Contract and agrees that the Amendment attached hereto may
be approved and made by written resolution duly adopted by the
-governing bodies of all of the parties to the Contract;
NOW, THEREFORE, BE IT RESOLVER by the President and Board of
Trustees of the Village of Buffalo Grove Cook
[and Lake] County [Counties], Illinois as follows:
Section One: That an amendment to the First Amended Water
Supply Contract between Northwest Water Commission and the
0
Village of Arlington Heights, the Village of Buffalo Grove, the
Village of Palatine, the Village of Wheeling in substantially the
form attached hereto as Exhibit L and made a part hereof by this
reference is hereby approved .
Section Two: That the Village Presi =?ent and Village Clerk
are authorized and directed to execute and seal the aforesaid
Amendmexz': on behalf of the Village in substantially the form
attached hereto as Exhibit A, following adoption of a resolution
approving the First Amendment by each of the parties to the
Contract.
Section Three: This resolution shall be in full force and
effect from and after its passage and approval.
PASSED THIS 16th day of July , 1990.
AYES: 5 - Marienthal, Reid, Mathias, O'Malley, Kahn
NAYS: 0 - None
ABSENT: 1 - Shifrin
APPROVED THIS 16th day of
ATTEST:
Vtllage Clerk
ME
1990.
Village President
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NORTHWEST WATER COMMISSION
RESOLUTION NO. 90 -R-
A RESOLUTION APPROVING AN
AMENDMENT TO THE FIRST AMENDED WATER
SUPPLY CONTRACT BETWEEN THE NORTHWEST
WATER COMMISSION AND THE VILLAGE OF
ARLINGTON HEIGHTS, THE VILLAGE OF
BUFFALO GROVE, THE VILLAGE OF PALATINE,
THE VILLAGE OF WHEELING
WHEREAS, the Northwest Water Commission (the "Comrission ")
desires to amend the First Amended Water Supply Contract between
the Commission and the Villages. of. Arlington Heights, Buffalo
Grove, Palatine and Wheeling to provide for the design and
construction of an additional Point of Delivery for Arlington
Heights, to revise the elevation of Buffalo Grove Point of
Delivery No. 1, and to provide an alternate method for design and
construction of, and payment for, additional Points of Delivery;
and
WHEREAS, the Commission hereby waives the notice and meeting
procedure for amending the Contract as set forth in Paragraph 11
of the Contract and agrees that the Amendment attached hereto may
be approved and made by written resolution duly adopted by the
governing bodies of all of the parties to the Contract;
NORM, THEREFORE, BE IT RESOLVED by the Commissioners of the
Northwest Water Commission as follows:
Section One: That an Amendment to the First Amended Water
Supply Contract between Northwest Water Commission and the
Village of Arlington Heights, the Village of Buffalo Grove, the
Village of Palatine, the Village of Whaeling in substantially the
0
form attached hereto as Exhibit A and made a part hereof by this
reference is hereby approved.
Section Two: That the Chairman of the Northwest Water
Commission is authorized and directed to execute the aforesaid
Amendment on behalf of the Commission in substantially the form
attached hereto as Exhibit A, following adoption of a resolution
approving the First Amendment by each of the parties to the
Contract.
Section Three: This resolution shall be in full force and
effect from and after its passage and approval.
PASSED THIS% day of . Tttrtp-_, 1990.
AYE S:8vwelerr, kaJ Let, :'k, AnJew4ept, i3auro j
NAYS:
ABSENT: !�
Y�
APPROVED THIS *11 day of Sk n t 1990.
ATTEST:
/6S
xecutive Di ector
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Chairman)
i
AMENDMENT TO THE FIRST AMENDED
WATER SUPPLY CONTRACT BETWEEN THE NORTHWEST
WATER COMMISSION AND THE VILLAGE OF ARLINGTON HEIGHTS,
THE VILLAGE OF BUFFALO GROVE, THE VILLAGE OF PALATINE,
THE VILLAGE OF WHEELING
This Amendment (the "Amendment ") to the "First Amended Water
Supply Contract between the Northwest Water Commission and the
Village of Arlington Heights, the Village of Buffalo Grove, the
Village of Palatine, the Village of Wheeling" (the "Contract ")
made and entered into as of this 16th day of July 19900
by, between and among the NORTHWEST WATER COMMISSION (the "Com-
mission "), a water commission created under Chapter 24, Arti-
cle 11, Division 135, Illinois Revised Statutes, 1989, and the
VILLAGE OF ARLINGTON HEIGHTS (sometimes referred to as "Arlington
Heights "), the VILLAGE OF BUFFALO GROVE (sometimes referred to as
"Buffalo Grove "), the VILLAGE OF PALATINE (sometimes referred to
as "Palatine "), the VILLAGE OF WHEELING (sometimes referred to as
"Wheeling "), municipal corporations in Cook and Lake Counties,
Illinois, and each of them (hereinafter sometimes referred to
individually as the "Municipality" and collectively as the
" Municipalities "), acting under the Constitution and laws of the
State of Illinois,
W I T N E S S E T H:
WHEREAS, the parties desire to amend the Contract to provide
for the design and construction of an additional Point of Deliv-
ery for Arlington Heights, to revise the elevation of Buffalo
Grove Point of Delivery No. 1,; and to provide generally for an
alternate method for design and construction of, and payment for,
additional Points of Delivery; and
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WHEREAS, the governing bodies of the Commission and all of
the Municipalities have consent•:_�d to this First Amendment by
written resolution duly adopted, and the Commission and all of
the Municipalities agree that the notice and meeting procedure in
Paragraph 11 of the Contract shall not be required for this First
Amendment to be adopted;
NOW THEREFORE, in consideration of the foregoing and of the
mutual covenants and agreements herein contained, and pursuant to
authority under the Constitution and laws of the State of Illi-
nois, and particularly Chapter 241 Article 11, Division 135,
Illinois Revised Statutes, 1989; Article VII, Section 10 of the
Illinois Constitution of 1970; Chapter 127, Section 741 et sea.,
Illinois Revised Statutes, 1989; and the home rule powers of the
Municipalities, the Commission and the Municipalities hereby
agree as follows:
1. AF =DENT. Subparagraph 2(b) of the Contract is
hereby amended to read as follows, with slashes to indicate text
deleted and bold -faced underlined type to indicate text added:
b) Points of Deliver. Each Municipality's
"Points of Delivery" shall be defined as the points of
outlet where the water delivered hereunder leaves the
Commission's Water Supply System and inters such
Municipality -'s receiving storage facilities. The
Points of Delivery of Water to the Municipalities from
the Commission's Water Supply System shall be at the
following approximate locations and maximum required
elevations:
Arlington Heights:
1. 3702 N. Kennicott Avenue -- 777.0' U.S.G.S.
2. 1405 W. Kirchoff Road -- 739.0' U.S.G.S.
3. 222 N. Ridge -- 749.0' U.S.G.S.
�.
23302 N. Arlington -- 747.2' U.S.G.S.
Heights Rd..
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Buffalo Grove:
1. 400 LaSalle Lane -- 1j9j9;K1;'X 69 5,25' U. c.G. S.
2. 120 Horatio Boulevard -- 678.0' U.S.G.S.
3. 345 S. Arlington Heights Road -- 731.0'
U.S.G.S.
4. 525 N._ Arlington Heights Road -- 703.25'
U.S.G.S.
Palatine:
1. Palatine High School -- 781.33' U.S.G.S.
2. Salt Creek at Michigan Avenue -- 763.68'
U.S.G.S.
Wheeling:
1. Commonwealth Ed. /Soo Line R -O -W South of bake
Cook Road -- 695.00' U.S.G.S.
2. Wheeling Road North of Hintz Road -- 695.00'
U.S.G.S.
3. Commonwealth Ed. R -0 -W North of Old Willow
Road -- 695.00' U.S.G.S.
Arlington Heights, Buffalo Grove and Wheeling each
respectively agrees to reimburse the Commission in full
on demand for the cost to the Commission of designing
and constructing any of its XX¢xX respective /XX;VXd /gyj9j/
Points of Delivery
other than its first and second Points of Delivery as
listed above, or, in the alternative, to design_ end
construct such other Points of Delivery, at its sole
cost and expense, pursuant to a separate agreement
between itself and the Commission Such reimbursements
shall be obligations coming due pursuant only to this
subparagraph (b) and not pursuant to Paragraph 5 below,
and such reimbursements shall not constitute "Commis-
sion Receipts" or revenue of any nature for purposes oZ
this Contract. Such _ eimbursements shall, upon re-
ceipt, be placed in the Commission Construction Fund or
such other fund or account as may be required or
authorized by the ordinance or ordinances authorizing
the issuance of the Bonds.
2. NO OTHER TS. All other provisions of the
Contract shall remain in f %ll force and effect.
IN WITNESS WHEREOF, the parties hereto acting under author-
ity of their respective governing bodies have caused this Amend-
meet to be duly executed in several counterparts, each of which
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shall constitute an original, all as of the day and year first
written above.
ATTEST: NORTHWEST WATER COMMISSION
By.
Chairman
ATTEST: VILLAGE OF ARLINGTON HEI S
Village Clerk By: President
(Seal)
ATTEST:
Vil"ge Clerk
(Seal)
ATTEST:
Village Clerk
(Seal)
ATTEST:
Village Clerk
(Seal)
VILLAGE BUFFALO GRO
By:
Tri4fildent
VILLAGE OF PALATINE
By:
President
VILLAGE OF WHEELING
By:
President
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