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CONCURRENCE FOR AN EXTENSION OF THE WATER SUPPLY CONTRACT BETWEEN THE DUPAGE WATER COMMISSION AND THE CITY OF CHICAGO
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 COUNTY is authorized under the Acts to receive Lake Water through the instrumentality of the COMMISSION; and
WHEREAS, in 1984, the COMMISSION entered into a Water Supply Contract Between the COMMISSION and the City of Chicago (the “Water Supply Contract”) for the Commission to purchase Lake Michigan water from the City of Chicago (the “City”) to provide to the COMMISSION’s customers (the “Charter Customers”); and
WHEREAS, in 1986, the COUNTY entered into a Water Purchase and Sale Contract with the COMMISSION for the COMMISSION to purchase Lake Michigan water from the City of Chicago (the “City”) to provide to the Charter Customers; and
WHEREAS, the Water Purchase and Sale Contract expires on February 24, 2024; and
WHEREAS, the Water Supply Contract expires on March 19, 2024; and
WHEREAS, the Water Supply Contract grants the COMMISSION the option to unilaterally extend the Water Supply Contract on the same terms and conditions for a period not less than ten (10) years nor more than forty (40) years; and
WHEREAS, the COMMISSION has commenced negotiations with the City on a new water supply contract, but the COMMISSION does not believe that a water supply contract will be executed before the current Water Purchase and Sale contract expires; and
WHEREAS, pursuant to Section 16 of the Water Purchase and Sale Contract Between the COMMISSION and Charter Customers, the COMMISSION held a public meeting of its customers on October 31, 2023 to present the status of negotiations and current proposed terms and conditions regarding a new water supply contract with the City; and
WHEREAS, the COMMISSION has deemed it to be in the interest of the COMMISSION and its customers to exercise its option to extend the Water Supply Contract under its current terms and conditions for a period not less than fifteen (15) years nor more than twenty (20) years; and
WHEREAS, the COUNTY deems it to be reasonable, necessary, and in the best interests of the public’s welfare to approve and consent to an extension of the Water Supply Contract for a period not less than fifteen (15) years nor more than twenty (20) years; and
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 Board hereby approves and consents to the Commission’s extending the Water Supply Contract for a period not less than fifteen (15) years nor more than twenty (20) years, without further action by the DuPage County Board; and
BE IT FURTHER RESOLVED that the Clerk is hereby authorized and directed to provide a copy of this Resolution to the Commission immediately after its approval.
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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