Title
AN ORDINANCE OF THE VILLAGE OF ORLAND PARK, COOK AND WILL COUNTIES, ILLINOIS, APPROVING A THIRD AMENDED AND RESTATED WATER SALE, PURCHASE AND SERVICE AGREEMENT BY AND AMONG THE VILLAGE OF OAK LAWN, COOK COUNTY, ILLINOIS, AND OTHER MUNICIPALITIES, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SAID AMENDED AGREEMENT.
Body
Whereas, the Village of Orland Park, Cook and Will Counties, Illinois (the “Village”) has previously adopted certain ordinances (the “Prior Ordinances”), authorizing the execution and delivery of a “Water Sale, Purchase and Service Agreement Between the Village of Oak Lawn, Illinois and Certain of Its Municipal Customers,” dated August 1, 2014, as amended by the First Amendment to the Water Sale, Purchase and Service Agreement between the Village of Oak Lawn, Illinois and Certain of Its Municipal Customers, dated November 1, 2020, and as further amended by the Second Amendment to the Water Sale, Purchase and Service Agreement between the Village of Oak Lawn, Illinois and Certain of Its Municipal Customers, dated July 1, 2023 (such Agreement as previously amended being referred to herein as the “Prior Agreement”); and
Whereas, the President and Board of Trustees of the Village (the “Corporate Authorities”) have determined and do hereby determine that that it is necessary and in the best interests of the Village that certain provisions of the Prior Agreement be amended and that the Prior Agreement as so amended be authorized to be executed and delivered as herein provided; and
Whereas, the form of the Third Amended and Restated Water Sale, Purchase and Service Agreement between the Village of Oak Lawn, Illinois and Certain of Its Municipal Customers (the “Southwest System Third Amended Agreement”) has been presented to the Corporate Authorities and is attached hereto as Attachment A:
Now, Therefore, Be It Ordained by the President and Board of Trustees of the Village of Orland Park, Cook and Will Counties, Illinois, as follows:
SECTION 1
Incorporation of Preambles. The findings and determinations set forth in the preambles to this Ordinance are hereby made findings and determinations of the Corporate Authorities of the Village and are incorporated into the body of this Ordinance by reference.
SECTION 2
Ratification and Approval of the Southwest System Third Amended Agreement. The Southwest System Third Amended Agreement is hereby ratified, confirmed and approved. The Village is authorized pursuant to this Ordinance to be bound by the terms and conditions of the Southwest System Third Amended Agreement, and the Village Clerk is hereby authorized to replace the Prior Agreement in its entirety with the Southwest System Third Amended Agreement as approved herein.
SECTION 3
Execution. By this Ordinance, the President of the Village is hereby authorized and directed to execute and deliver and the Village Clerk is hereby authorized to attest and seal the Southwest System Third Amended Agreement.
SECTION 4
Publication. A full, true and complete copy of this Ordinance shall be published within ten days after passage in pamphlet form by authority of the Corporate Authorities.
SECTION 5
Severability; Superseder. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. All ordinances, resolutions and orders, or parts thereof, in conflict with this Ordinance are hereby superseded to the extent of such conflict and as further provided in the Southwest System Third Amended Agreement.
SECTION 6
Effective Date. This Ordinance shall be in full force and effect immediately upon its passage, approval and publication.