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HomeMy WebLinkAboutORDINANCE - 1249 - 9/26/1978 - NW SUBURBAN WATER SYSTEM AGRMTORDINANCE NO. Z,�* AN ORDINANCE AUTHORIZING THE AMENDMENT OF THE NORTHWEST SUBURBAN WATER SYSTEM 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 Elk Grove Village (the "Village") as follows: (a) The Village is a member of the Northwest Suburban Water System Venture (the "Venture") which Venture was established and is governed by the North- west Suburban Water System Agreement (the "Agreement"); (b) The' Agreement provides for a Board of Direc- tors for the Venture which Board consists of the Mayor, President or other elected official as designated from time to time by the corporate authorities of each municipality which is a member of the Venture (a "Municipality" or collectively the "Municipalities"); (c) It is in the best interests of the Venture and of the Village that the Agreement be amended to allow Alternate Directors from each Municipality to serve as Directors in the absence of the Director from their respective Municipality in the manner and upon the conditions provided in the Agreement of Amendment presented to this meeting, and attached hereto and made a part hereof (the "Agreement of Amendment"); (d) Section 9 of the Agreement provides for amend- ment of the Agreement by a written agreement authorized by an ordinance of the corporate authorities of each Municipality; and (e) The Village desires to authorize the Agree- ment 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 Vil- lage. PASSED by the President and Board of Trustees of this Village this September 26, , 1978. Deputy Village C rk Approved this September 26, , 1978. Charles J. Zettek President 2 - nr+-oma+ De ullage C erY k P Y Voting AYE (list names) : Trustees Chernick, Garr, Kenna, Staddler, Tosto, Vanderweel Voting NAY (list names): None ABSTENTIONS (list names): None ABSENT (list names): None - 3 - NORTHWEST SUBURBAN WATER SYSTEM VENTURE AGREEMENT OF AMENDMENT THIS AGREEMENT is entered into by and between those municipalities (the "Municipalities") who are members of the Northwest Suburban Water System Venture (the "Ven- ture"). Venture; WITNESSETH WHEREAS, the Municipalities are all members of the WHEREAS, the Venture was established and is governed by the Nortiraest Suburban Water System Agreement (the "Agree- ment"); WHEREAS, Section 9 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: Section 1. -2 - Section 7 of the Agreement is hereby amended to read as follows (the added language being underlined in this Agreement only for ease of understanding): Section 7. Joint Administration. The Venture shall be jointly administered as provided in this Section. (a) There is established a Board of Directors for the Venture which Board shall consist of the Mayor, President or other elected official as designated from time to time by the corporate authorities of each Municipality. Each Municipality shall be entitled to one seat on the Board of Directors. Each Director shall be entitled to one vote on the Board of Directors. The By -Laws (as defined in Section 3 of this Agreement) may provide for appointment by Municipalities of elected officials of the Municipalities as Alternate Directors to serve in the absence of the Direc- tor from that Municipality. For purposes of this Agreement, an Alternate Director, appointed as provided in the By -Laws and serving in the absence of a Director, shall be a Director and a member of the Board of Directors. The Board of Directors shall determine the general policy of the Venture. It shall have the responsibility for causing there to be an annual audit as provided in the By -Laws, for approval of the annual budget of the Venture as provided by the By -Laws -3 - and for such other powers and duties as are provided in this Agreement and in the By -Laws. The Board of Directors shall be responsible for approving plans for long range water needs of the area served by the Municipalities and shall be responsible for approving contracts for the pur- chase and sale of water. (b) There is established an Executive Committee of the Venture consisting of the Municipal Manager or other appointed official as designated from time to time by the corporate authorities of each Municipality. Each Munici- pality shall have one seat on the Executive Committee. Each such member of the Executive Committee shall be entitled to one vote on the Committee. The By -Laws (as defined in Section 8 of this Agreement) may provide for appointment b,r Municipalities of anpointed officials of the 'Municipalities as members of the Executive Committee to serve in the absence of the member from that Municipality. For purposes of this Agreement, a member, apoointed as provided in the By -Laws and serving in the absence of a member, shall be a member of the Executive Committee. The daily operation of the Venture shall be conducted under the direction and supervision of the Executive Committee, subject to the general policy decisions made by the Board of Directors from time to time. The Executive Committee shall be responsible for carrying l� out those oolicv decisions. Section 2. This Agreement of Amendment shall become effective upon its execution by all the municipalities. IN WITNESS WEEREOF, 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. Village of Schaumburg By President Executed this 1973 Villaae of Elk Grove Village By Charles J. Zettek President Executed this September 26 , 1978 Village of ?-fount Prospect By President Executed this 1973 -S - Village of Palatine By President Executed this 1973 City of Rolling Meadows By Mayor Executed this 1973 Village of Hoffman Estates By President Executed this 1978 Village of Arlington Heights By President Executed this 1973 Village of Buffalo Grove By President Executed this 1973