R2013-20 AUTHORIZING THE AMENDED AND RESTATED RAW WATER SUPPLY AGREEMENT WITH ARCHER DANIELS MIDLAND COMPANY

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amount of water taken from ADM's wells in excess of 5 MGD (except when 4(g) applies in which case well draws are not counted) less that amount of water delivered to the Lake, for any given billing period, as measured by the meters installed pursuant to Section 3 of this Agreement. The City and ADM agree to implement reasonable alternate billing procedures during periods of flooding or other events that disrupt normal metering. The City's initial rate for raw water sold to ADM under this Agreement shall be $0.35 per 1,000 gallons. Any increase or decrease in this rate shall be of the same percentage as any increase or decrease in annual operation and maintenance expense ("0 & M") of the City respecting Lake Decatur. However, no increase or decrease may exceed the annual increase or decrease in the Consumer Price Index for All Urban Customers for Chicago for the comparable year. The City will bill ADM monthly for raw water provided under this Agreement. All bills will be due and payable thirty (30) days after their date. In the event ADM fails to make payment when due, ADM shall pay a late payment charge of one and one-half percent (1 1/2%) per month. In addition, upon five (5) days actual notice or eight (8) days mailed notice, the City may disconnect the raw water supply for nonpayment and make a charge as determined by the City Council for disconnection and reconnection. 9. Lake Improvement. In the event that the City determines to enhance or restore the available capacity of Lake Decatur, whether by dredging, by supplemental pipeline supply or by other means ("Lake Improvements"), ADM shall pay its pro rata share of the cost of Lake Improvements which share shall be calculated as follows: ADM's share shall be calculated as a ratio whose numerator shall be the total of ADM's average daily withdrawal from the Lake plus ADM's average daily take of potable water 7