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HomeMy WebLinkAboutResolution #0942• '. RESOLUTION NO. 942 A RESOLUTION APPROVING, IN PRINCIPAL, THE SALE OF CITY WATER TO THE CITY OF CUBA, FULTON COUNTY, ILLINOIS UPON TERMS AND CONDITIONS HEREAFTER TO BE AGREED UPON. WHEREAS, the Public Works, Water and Sewer Committee has approved, in principal, the sale of City of Canton water to the City of Cuba, subject to reaching mutually agreeable terms and conditions of such sale; and, WHEREAS, the City Council of the City of Canton has made a similar determination; and, WHEREAS, it has now been made to appear that some official action of the Canton City Council is required so that the City of Cuba may perfect its loan application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the proposed sale of City of Canton water to the City of Cuba is hereby approved in principal, subject, however, to all parties reaching mutually agreeable terms and conditions, in writing, for such sale. 2. That this Resolution is passed for the purpose of assisting the City of Cuba in making certain loan applications and is not intended to be a binding agreement for the proposed sale of water to the City of Cuba. 3. That the City Clerk is hereby directed to send three certified copies of this Resolution to the Cuba City Clerk. 4. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton.County, Illinois at a regular meeting this 18thday of May , 1982 upon a roll call vote as follows: AYES: Aldermen Kovachevich, Savill, Sarff, Grant, Carl, Clarke, Horr. NAYS: None. ABSENT: Alderman Hammond. APPROVED: Donald E. Edwards, Mayor. ATTEST: ancy W ites, City C erk. _ _ .r - ` ~ Z MODIFICATION OF WATER PURCHASE CONTRACT WHEREAS, the City of Canton, an Illinois Municipal Corporation, (hereinafter called SELLER), did contract with the City of Cuba, an Illinois Municipal Corporation, (hereinafter called PURCHASER), pursuant to a Water Purchase Contract dated December 7, 1982, and WHEREAS, said Water Purchase Contract dated December 7, 1982, prohibits the PURCHASER from re-selling or distributing any water outside the corporate limits of the. City of Cuba, and WHEREAS, the PURCHASER desires to have the right to re-sell water to the residents of a subdivision located outside the corporate limits of the City of Cuba, which subdivision is commonly called We-Ma-Tuk Hills, and WHEREAS, the City of Canton, as SELLER, is agreeable to allow modification of said Water Purchase Contract, dated December 7, 1982, and WHEREAS, by resolution number 1428 , enacted on the 7th day of June , 199 4 , the SELLER approved the provisions of this contract, and approved the carrying out of this modification by the Mayor and attested by the Clerk was duly authorized, and WHEREAS, by resolution number 601 , enacted on the 13th day of TF-iRFR , 199 the PURCHASER approved the provisions of this contract, and approved the carrying out of this modification by the Mayor and attested by the Clerk was duly authorized. .~- ., t NOW THEREFORE, in consideration of the sum of One Dollar, and other good and valuable consideration in hand paid by the PURCHASER to-the SELLER, the SELLER hereby agrees that the PURCHASER may re-sell water to the residents of We-Ma-Tuk Hills, That in all respects not inconsistent with this agreement, the prior Water Purchase Contract between the parties dated December 7, 1982, shall remain in full force and effect. SELLER: City of Canton ~~ MAYOR OF CANTON Attest: C TY CLERR F~yCANTON Attest: CU9/8/94jw CIT CLERK OF CUBA 2 C E R T~I F I C A T E STATE OF ILLINOIS, ) j SS. COU?JTY OF FULTO~J. , I, Nancy 4lhites, City Clerk o; the City of Canton, in the County of Fulton and State of Illinois, do hereby c? rtify that as the City Clerk of the City of Canton, I am the keeper of records, minutes, ordinances and other books, records and papers of said City, a~:d that the foregoing is a true and correct copy of: RESOLUTION 942 A RESOLUTION APPROVING, IN PRINICIPAL, THE SALE OF CTTY [DATER TO THE CITY OF CUBA, FULTON COU:~TY,_ ILT ,II~L~IS -UPON. TERMS- Af~Q : COND~TTONS HEREAFTER ___. _ _ TO 8E AGREED-UPON. adopted by the City Council of sair ~C;~y cr:d approved by the Mayor thereo-F on the day of ;,~~ lg y---- ---82--• 41ITt~JESS my hand and the Corporate Seal or the City of Canton, Illinois this 19th day of May _ 19 82 . !J?'RCy :~lhi t s ,City Clerk .