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HomeMy WebLinkAboutOrd 2816 09/19/1978 ORDINANCE NO. 2816 AN ORDINANCE AUTHORIZING THE AIVIENDMENT OF THE NORTHWEST SUBURBAN WATER SYSTEM AGREEMENT BE IT ORDANIED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: It is found and declared by the President and Board of Trustees (the flBoardll) of the Village of Mount Prospect (the flVillagell) as follows: A. The Village is a member of the Northwest Suburban Water System Venture (the IIVenturelT) which Venture was established and is governed by the Northwest Suburban Water System Agreement (the II Agreement!'); B. The Agreement provides for a Board of Directors 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 membe of the Venture (a flMunicipalityfl or collectively the IIMunicipalitiesfl); 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 flAgreemant of Amendment!'); D. Section 9 of the Agreement provides for amendment 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 Agreement of Amendment. ~ECTION TWO: That the Village hereby authorizes the execution on its behalf of the Agreement of Amendment. SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. AYES: 5' NAYS: 0 ABSENT: 1 PASSED this 19th day of September , 1978. APPROVED this 19th day of September , 1978. APPROVED: - .,.., "':'-;-~~,,-:" l\~ST: >>. '" ~#L I/. ~a~ Vin-;;: ~dent -/~~ ~'d.l-/ -- Village CleI'li: . ("\ ~ .! ~ 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"). WITNESSETH WHEREAS, the Municipalities are all members of the Venture; WHEREAS, the Venture was established and is governed by the Northwest 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: ! . ~.'" f' .:~ ',.... r\ . H ~ -.-""" -2- Section 1. 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 8 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 ~ 0~ l\ J -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 by Municipalities of appointed 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, appointed 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 Committ~e, subject to the g~neral policy decisio~s made by the Board_of Directors from time to time. The Executive Committee shall be responsible for carrying /-'\ n -4- . out those policy decisions. Section 2. 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. Ordinance 1616, September 26, 1978 Executed this 26th day of September, 1978 *** Village of Hoffman Estates byd~Ih.~ President Ordinance 1046-1978, September 18,1978 Executed this 18th day of September, 1978 *** Village 8, 1979 1979 *** " " ... . 0~ " -5- City of Rolling Meadows, by /a~~/--.'~,~~r;~../ ~1ayor /' Ordinance 78-25, September 12, 1978 Executed this 21st day of September, 1978 *** Ordinance 1249, September 26, 1978 Executed this 26th day of September, 1978 *** Village of Mount Prospect by ~~. /I ~~<>L~ 'I President Ordinance 2816, September 19, 1978 Executed this 19th day of September, 1978 *** b Ordinance 0-86-78, September 25, 1978 Executed th,is 25th day of September, 1978 *** Village of Buffalo Gro~e;,f by ~A'~A(} (/: rff~~L President Ordinance 78-68, October 2, 1978 Executed this 6th day of October, 1978