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HomeMy WebLinkAboutRes 19-09 05/05/2009 RESOLUTION NO. 19-09 A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE MOUNT PROSPECT PUBLIC LIBRARY WHEREAS, the Village of Mount Prospect is a home rule municipality and pursuant to the Illinois Constitution, Article VII, Section has certain powers which it is exercising; and WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois and the Intergovernmental Cooperation Act at ILCS 220/1 et.seq. allow and encourage intergovernmental cooperation; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has deemed that the best interests of the Village may be served by entering into intergovernmental agreements; and WHEREAS, the Village of Mount Prospect and the Mount Prospect Public Library agree that it would be in the best interests of the citizens to allow the Village of Mount Prospect to enter into an Intergovernmental Agreement for the cost-sharing of expenses related to the intervention of PTAB appeals. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect are hereby authorized to execute the Intergovernmental Agreement which is attached to this Resolution as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: Hoefert, Juracek, Korn, Pol it, Zadel NAYS: None ABSENT: Matuszak PASSED and APPROVED this 5th day of May, 2009. 11i~~ ~tlik Mayor ATTEST: ~ '-/Y1.~~~e;~' i M. Liscf'Angell ( Village Clerk H: \C LKO\WI N \RESOLUTI ON\Resolution for Intergovernmental Ag reementMPLI BRARYPT ABMA Y2009 .doc Exhibit "A" INTERGOVERNMENTAL AGREEMENT FOR THE COST-SHARING OF PT AS APPEAL INTERVENTION COSTS WHEREAS, the Village of Mount Prospect, an Illinois Municipal Corporation (the "Village") has determined it to be in the best interests of its resident taxpayers to intervene in a PT AS appeal filed by Carson Pirie Scott & Company, the taxpayer, and known as PT AS Docket Number 07-29072 (the "2007 Carson PT AS Appeal"); and WHEREAS, the Mount Prospect Public Library, an Illinois public library (the "Library"), has also determined it to be in the best interests of the Library to intervene in the 2007 Carson PT AS Appeal; and WHEREAS, the Village and the Library agree that is in the best interests of the parties to share in the costs of intervening in the 2007 Carson PTAS Appeal; and WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the "Intergovernmental Cooperation Act," 5 ILCS 220/1 at saq., provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other units of local government; and NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereto agree as follows: 1. The preambles set forth above are hereby incorporated herein by reference as if fully set forth herein. 2. The parties agree to share in the costs of intervention in the 2007 Carson PTAS Appeal on a pro-rata basis in accordance with their 2007 final taxing rates. The 2007 final tax rate of the Village was 0.750, and the 2007 final tax rate of the Library was 0.439. Thus, the Village shall pay 63.08% and the Library 36.92% of all intervention costs associated with the 2007 Carson PTAS Appeal, including, but not limited to, all attorneys' fees, appraisal fees, witness testimony fees, and all other costs associated with the intervention. 3. The parties have agreed that the law firm of Klein, Thorpe and Jenkins, Ltd. ("KT J") will represent their interests in connection with intervening in the 2007 Carson PTAS Appeal, and understand that KTJ will bill its attorneys' fees to the parties in accordance with the above pro-rata cost-sharing allocation. 4. Should additional intervenors desire to join in this cost-sharing agreement, the Parties understand that the above costs of intervening in the 2007 Carson PTAS Appeal, will be allocated on a pro-rata basis of all the intervening parties' 2007 final taxing rates. 5. This Agreement contains the entire agreement and understanding between the parties in respect of the subject matter hereof and supersedes any prior understandings and agreements between the parties regarding the subject matter of this Agreement. 6. No amendment, waiver or modification of any term or condition of this Agreement shall be binding or effective for any purpose unless expressed in writing and signed by each of the parties. 7. If any section, subsection, sentence, clause or phrase of this Agreement is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this Agreement. IN WITNESS WHEREOF, the parties hereto have cause~lntergOvernmental Agreement to be executed and delivered as of this :t.!! day 0 ~ ~ JPt?? 2009. / VILLAGE OF MOUNT PROSPECT: MOUNT PROSPECT PUBLIC LIBRARY: By ~~4:J1:/1b President, Board of Trustees By: of Library Trustees ATTEST: ATTEST: By: fZL/2~ Secretary, Board of Library Trustees