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File #: PW-R-0004-23    Version: 1
Type: Public Works Resolution Status: Adopted
File created: 10/23/2023 In control: Public Works Committee
On agenda: 11/28/2023 Final action: 11/28/2023
Title: WATER PURCHASE AND SALE AGREEMENT BETWEEN THE DUPAGE WATER COMMISSION AND DUPAGE COUNTY, ILLINOIS
Attachments: 1. DWC-Contract Customer Contract clean, 10-2-2023.pdf

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...

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