title
WATER PURCHASE AND SALE AGREEMENT BETWEEN
THE DUPAGE WATER COMMISSION AND DUPAGE COUNTY, ILLINOIS
resolution
WHEREAS, the County of DuPage, a body corporate and politic (hereinafter referred to as COUNTY) and the DuPage Water Commission, organized to supply water within its territorial limits under the Water Commission Act of 1985, 70 ILCS 3720/0.001 et. seq. (hereinafter referred to as COMMISSION), are public agencies within the meaning of the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and
WHEREAS, pursuant to Article VII, Section 10 of the Illinois Constitution of 1970; the Counties Code, 55 ILCS 5/1001 et seq.; the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., as amended,; and the Water Commission Act of 1985, 70 ILCS 3720/0.001 et. seq. (the “Acts” as hereafter defined); the Illinois General Assembly has granted the COUNTY the authority to enter into contracts with the COMMISSION for the purchase and sale of potable Lake Michigan water ("Lake Water''); and
WHEREAS, the COMMISSION has entered into a "Water Supply Contract" to purchase Lake Water sufficient to meet the water supply needs of the COMMISSION and the COUNTY and other municipalities (the “Contract Customers”); and
WHEREAS, the COUNTY is authorized under the Acts to receive Lake Water through the instrumentality of the COMMISSION; and
WHEREAS, the COUNTY is a current Charter Customer of the COMMISSION pursuant to the Water Purchase and Sale Contract between the COMMISSION and the COUNTY dated June 11, 1986 (the “Original Contract”); and
WHEREAS, the Original Contract expires on February 24, 2024;
WHEREAS, the COMMISSION and COUNTY desire and intend to enter into a new Water Purchase and Sale Contract between the COMMISSION and COUNTY (the “New Contract”) (attached hereto as Exhibit 1 and incorporated as if fully set forth herein) whereby the COMMISSION will supply water to the COUNTY according to the terms and conditions of the New Contract negotiated between them; and
WHEREAS, the COUNTY has determined that it is reasonable, necessary and in the public interest and welfare to enter into the New Contract with the COMMISSION.
WHEREAS, the New Contract will expire on February 24, 2064;
NOW THEREFORE IT BE RESOLVED by the DuPage County Board that the foregoing recitals are hereby incorporated herein and made a part hereof as findings of the Board; and
BE IT FURTHER RESOLVED that the DuPage County Chair is hereby directed and authorized to execute the attached Water Purchase and Sale Contract on behalf of the COUNTY, and the DuPage County Clerk is hereby authorized to attest thereto; and
BE IT FURTHER RESOLVED that two (2) certified original copies of this Resolution and Water Purchase and Sale Contract be sent to the COMMISSION, by and through the DuPage County Division of Public Works.
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Enacted and approved this 28th day of November 2023, at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK