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HomeMy WebLinkAboutORDINANCE - 1455 - 5/12/1981 - JAWA/AMEND AGREEMENTORDINANCE NO. 1455 AN ORDINANCE AUTHORIZING THE AMENDMENT OF THE NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY AGREEMENT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF Elk Grove Village AS FOLLOWS: Section 1. It is found and declared by the Presi- dent and Board of Trustees (the "Board") of the Village of (the "Village") as follows: (a) The Village is a member of the Northwest Suburban Municipal Joint Action Water Agency (the "Agency") which Agency was established and is governed by the Northwest Suburban Municipal Joint Action Water Agency Agreement (the "Agreement"); (b)(i) The Agreement provides for the Agency to decline to provide water to a municipal- ity which is a member of the Agency (a "Municipality") whose charges have not been paid within sixty days after billing by the Agency. (ii) It is in the best interest of the Agency and of the Village that the Agreement be amended to allow the Agency to suspend the membership on the Board of Directors -2- and the Executive committee of any Muni- cipality failing to pay in full all amounts due the Agency in prompt fashion as provided in Section 1 of the Agreement of Amendment presented to this meeting and attached hereto and made a part hereof (the "Agreement of Amendment"); The Agreement provides for a Municipality to withdraw on condition that such withdrawing Municipality shall be respon- sible for its share of any unpaid contracts, debts, and obligations of the Agency. (ii) It is in the best interest of the Agency and of the Village that the Agreement be amended to require further a withdrawing Municipality to pay to the Agency an amount sufficient to pay additional costs occasioned to the Agency by a Municipality's withdrawal as provided in Section 2 of the Agreement of Amendment presented to this meeting, and attached hereto and made a part hereof; (d) Section 12 of the Agreement provides for amendment of the Agreement by a written agreement authorized by an ordinance of -3 - the corporate authorities of each Municipality; and (e) The Village desires to authorize the Agreement of Amendment. Section 2. The Village hereby authorizes the execution on its behalf of the Agreement of Amendment. Section 3. This ordinance shall become effective as of its approval by the President and Board of Trustees of the Village. PASSED by the President and Board of Trustees of this Village this May 12, , 1981. Approved t --Village Clerk , 1981. Attest 'Village Cletk - 3 - Voting AYE (list names): Trustees Bosslet, Chernick, Hauser, Petri, Tosto, Uhlarik Voting NAY (list names): ABSTENTIONS (list names) ABSENT (list.names): None None None 3 .% 3 NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY AGREEMENT OF AMENDMENT THIS AGREEMENT is entered into by and between those municipalities (the "Municipalities") who are members of the Northwest Suburban Municipal Joint Action Water Agency (the "Agency") WITNESSETH WHEREAS, the Municipalities are all members of the Agency; WHEREAS, the Agency was established and is governed by the Northwest Suburban Municipal Joint Action Water Agency Agreement (the "Agreement"); WHEREAS, Section 12 of the Agreement provides that the Agreement may be amended by written agreement of the Municipalities, authorized by ordinances of their respective corporate authorities; WHEREAS, the Municipalities desire to amend the Agreement as stipulated herein;'and THEREFORE, IT IS AGREED BY AND BETWEEN THE MUNICI- PALITIES AS FOLLOWS: -2 - Section 1. Section 10(c) of the Agreement is hereby amended to read as follows (the added language being underlined in this Agreement only for ease of understanding): (c)(i) The Agency may suspend the membership on the Board of Directors and the Executive Committee of any Municipality whose capital contributions and payments or charges for operation and maintenance rd of Directors•as provided in this eement, have not been paid in full hin sixty days after demand by the ncy. A Municipality under suspension 11 have no power to make or second ions or to vote, nor shall it be nted for the purposes of the estab- hment of a quorum or the determina- n of the vote needed to pass or rove any matter coming before the rd of Directors or the Executive mittee. A Municipality under suspen- n shall continue during its suspensio be responsible for its share of anv incurrea ov me Agency, ana sucn respon- sibility shall be terminated only upon withdrawal by such Municipality. Upon payment of all amounts due the Agency under this Agreement, including those accrued during the suspension. a Municin 3llC llIUCL J111 �! V 1.11C ouQlU V1 UIICU LV1b all the Executive Committee. The Agency may decline to provide water to any Municipality whose charges have not been paid within sixty days after billing by the Agency. Further, a reasonable penalty charge for late payments may be established and imposed by the Executive Committee. Section 2. Section 10(e) of the Agreement is hereby amended to read as follows (the added language being underlined in this Agreement only for ease of understanding): Attest "Village Clerk - 3 - Voting AYE (list names): Trustees Boss let, Chernick, Hauser, Petri, Tosto, Uhlarik Voting NAY (list names): None ABSTENTIONS (list names): None ABSENT (list names): None Section 3. -3- (e) Any withdrawing Municipality shall be responsible for its share of any unpaid contracts, debts and obligations of the Agency incurred prior to the date of withdrawal pursuant to Section 7a er reneeal in proportion to its respective share or cost-sharing, as the case may be, all as provided in paragraph (b) of this Section 10. Further, a withdrawing Municipality shall pay to the Agency in full at the time of withdrawal from the Agency an amount determined by the Agency to be sufficient to pay any and all additional costs occassioned to the Agency by reason of a Municipality's withdrawal. Payment by a withdrawing Municipality to the Aaencv of all amount cue ana cetermined pursuant to tnis Agreement shall be a condition precedent to any consents by the Agency or other Municipalities and in any case shall be payable in full no later than 30 days after presentment by the Agency to a withdrawing Municipality. This Agreement of Amendment shall become effective upon its execution by all the Municipalities. IN WITNESS WHEREOF, the undersigned Municipalities have executed this Agreement of Amendment by the signatures of their respective officers as reflected on the dates set forth below. This Agreement of Amendment may be signed in duplicate originals. X Executed this May 12, , 1981.