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Home My WebLink About5.3 Execution of an Agreement Between the Forest River Fire Protection District and the VOMPBoardDocs® Pro Agenda Item Details Meeting Category Subject Access Type Preferred Date Absolute Date Fiscal Impact Recommended Action Public Content Information OUT 19100 Action (Consent) ]an 15, 2019 ]an 15, 2019 No Page I of 2 Approve this annual agreement required by Court Order which authorizes the Village to providt emergency services to those in the Forest River Fire Protection District. The Mount Prospect Fire Department provides emergency response to areas outside the Village corporate boundaries which fal' within the Forest River Fire Protection District. In 1971, the Village of Mount Prospect decided to pursue annexation of a majority of the area referred to as the Forest River Fire Protection District. After a formal evaluation, the Village decided not to pursue annexation of two areas wn the District. These areas are: 1. The area bounded by Kensington Road, River Road, Gregory Street, and the Canadian National Railway track 2. The area bounded by Seminole Lane, Mandel Lane, Camp McDonald Road, and Wolf Road. I As a result of the Village"s 1971 annexation decisions, the Circuit Court of Cook County imposed a Consent Decree stipulating that the Forest River Fire Protection District continue to levy taxes at the maximum rate authorized by statute. These funds were required to be given to the Village of Mount Prospect as payment for emergency response services. III Jig 11111 1 !!!i The Agreement may be subject to modification since the Village has filed a court action in the Circuit Court of Cook County seeking to have the 1971 Agreed Order modified so that the costs for fire protection, fire prevention and emergency medical services will be more equitably distributed between Mount Prospect and Forest River Fire Protection District residents. Alternatives 1.Pass a resolution that authorizes the execution of an agreement between the Forest River Fire Protection District and the Village of Mount Prospect. 2. Action at discretion of Village Board. Staff Recommendation Staff recommends that the Village Board approve this annual agreement required by Court Order which authorizes the Village to provide emergency services to those in the Forest River Fire Protection District. ForestRvrAgitis t, 201.9.pdf (69 KB) forest itisver agreemeint ameinded 201.9.pdf (21.8 KB) https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 1/16/2019 BoardDocs® Pro Administrative Content Executive Content Page 2 of 2 All items under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. There will be no separate discussion of those items unless a Board member or member from the audience so requests, in which the item will be removed • the Consent Agenda and considered in its sequence on the agenda. Motion & Voting Motion by Colleen Saccotelli, second by Richard Rogers. Final Resolution: Motion Carries Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotell: https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 1/16/2019 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE FOREST RIVER FIRE PROTECTION DISTRICT AND THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Village of Mount Prospect and the Forest River Fire Protection District are desirous of entering into an Intergovernmental Agreement; and WHEREAS, the Intergovernmental Agreement being the subject of this Resolution provides for the Village of Mount Prospect to provide for the fire protection, fire prevention and emergency medical services for that area known as the Forest River Fire Protection District. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize the Mayor to sign and the Clerk to attest his signature on the Intergovernmental Agreement between the Forest River Fire Protection District and the Village of Mount Prospect for the year 2019, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES- YES: NAYS- NAYS: ABSENT- ABSENT: PASSED PASSED and APPROVED this 15th day of January, 2019. Arlene A. Juracek Mayor ATTEST: Karen M. Agoranos Village Clerk H:\CLKO\WIN\RESOLUTION\ForestRvrAgrmt, 2019doc FOREST RIVER FIRE PROTECTION DISTRICT A MUNICIPAL CORPORATION, COOK COUNTY, ILLINOIS, HERETO AND THE VILLAGE OF MOUNT PROSPECT A MUNICIPAL CORPORATION, COOK COUNTY, ILLINOIS, HERETO AGREEMENT WHEREAS, THE Village of Mount Prospect, hereinafter, referred to as "The Village", a municipal corporation organized under the laws of the State of Illinois and the Forest River Fire Protection District, hereinafter referred to as the "District", a municipal corporation organized under the laws of the State of Illinois, and WHEREAS, both the Village and the District are municipal corporations organized under the laws of the State of Illinois and as such have the power under State Law to enter into agreements for providing fire protection and emergency services, and WHEREAS, THE Village has agreed to provide such services to the District in accordance with the terms hereinafter set forth. NOW THEREFORE, IT IS AGREED BY AND BETWEEN THE VILLAGE AND THE DISTRICT AS FOLLOWS: 1. That for the period beginning January 1, 2019 to December 31, 2019, at 12:00 midnight said day, the Village shall furnish all fire fighting, fire protection, fire prevention and other emergency services, including emergency ambulance service, by such volunteer or paid on call and/or regular firemen available to the Village as the Fire Chief of the Village shall determine, to the District for a certain area as shown and outlined in red on Exhibit 1 attached hereto and made apart hereof. 2. That for the period of time during which this Agreement shall be in full force and effect, the District agrees to pay and the Village agrees to accept as full payment for said fire protection, fire prevention services and emergency services, that amount of monies received from tax receipts, replacement taxes, interest and other miscellaneous income collected during the period beginning January 1, 2019 and ending December 31, 2019, less all reasonable costs of running the said District, including, but not limited to, all administrative legal salaries and other expenses incurred. (2) A. It is understood that the District shall levy taxes at the maximum rate authorized by statute without referendum, which shall not be less than .30% of the value of all taxable property within the District, and shall apply for and make all efforts to receive any available state and/or federal aid to fire protection districts as is now available or may be available during the term hereof. B. The District will retain the sum of $2,500.00 to handle any contingency or emergency matters that may develop during the year. All other monies shall be paid to the Village as follows: On January 15, April 15, July 15 and October 15, 2019 all monies over and above the aforementioned $2,500.00 contingency fund shall be paid to the village. C. Inaddition, the District shall provide the Village with the follows: ( I ) A copy of the schedule of meetings of the District for the year 2019, be furnished upon execution of this Agreement. ( ii ) A certified copy of the Tax Levy Ordinance adopted by the District for the fiscal year 2018 thru 2019, to be furnished upon execution of this Agreement. ( iii ) A copy of the District's audited financial statement for the period ending June 30, 2019, to be furnished within thirty (30) days after receipt by the District. ( iv ) A copy of the Minutes of each District meeting, to be furnished within (30) days after each meeting, when requested by the Village. ( v ) The District shall provide the Village with copies of its quarterly receipts and disbursements, for informational purposes only, it being fully understood right of pre -approval regarding said disbursements. (3) 3. That the Fire Chief of the Village shall have the sole and exclusive right, duty and responsibility to prescribe the manner and method of giving the alarm for fire and/or other emergencies occurring within the District's territory as outlined upon said Exhibit I. 4. That the Fire Chief of the Village or his authorized representative shall have the sole and exclusive authority and responsibility to direct and control any and all fire fighting, fire protection, fire prevention and other emergency operations carried on at the scene of any alarm or emergency occurring within that territory of the District shown upon the said Exhibit 1. 5. That all fire fighting, fire protection, fire prevention and other emergency procedures conducted under the provisions hereof shall be conducted in accordance with the regulations of the Mount Prospect Fire Department and the ordinances of the Village. Furthermore, the District agrees that within thirty (30) days of the execution hereof, if permitted by state statute, it shall pass and approve ordinances identical in form and content to the ordinances of the Village which deal with fire fighting, fire protection, fire prevention, building construction as related to fire safety and other emergency procedures. Certified copies of said Ordinance(s) shall be submitted to the Village within ten (10) days of their adoption by the District. 6. That all expenses and cost of maintaining equipment, apparatus, salaries, insurance premiums and any and all other items of expenses connected with the several services contemplated herein to be supplied by the Village to the District shall be borne by the Village. The only expense falling upon the District shall be in the form of the payments scheduled to be made hereinabove under Paragraph 2b. 7. That, within seven (7) days of receipt of notice of annexation by an municipality of land and territory within its district (as shown in orange upon the said Exhibit 1 hereto), the District shall forward a copy of said notice (with the legal description contained therein) to the village by addressing sameto the attention of: Village Clerk 100 South Emerson Street Mount Prospect, Illinois 60056 8. That the parties recognize the Agreement may be subject to modification since the Village has filed a court action in the Circuit Court of Cook County seeking to have the 1971 Agreed Order modified so that the costs for fire protection, fire prevention and emergency medical services will be more equitably distributed between Mount Prospect and Forest River Fire Protection District residents. (4) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective offices and have affixed hereunto their respective corporate seals, all having been authorized by the adoption of a suitable Resolution passed and approved by each of the respective parties hereto. Village of Mount Prospect Atte st: ............................................ Village Clerk Forest River Fire Protection District esiomt Pro Tena Jo/Ae_ 1 ry Dated this 4th day of December, 2018 FOREST RIVER FIRE PROTECTION DISTRICT 207 LEE STREET MOUNT PROSPECT, ILLINOIS 60056 o0 Exhibit 1 ....... . . . .. G; F,_ bpd r;,5qrn)nooLnl ...... ........ . -b� .. ....... ...... ... Zb �Tv o0 ....... . . . .. G; -b� 0"i o0