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HomeMy WebLinkAboutRes 08-80 02/19/1980 c, 2/12/80 RESOLUTION NO. __8~8Q__- RESOLUTION AUTHORIZING EXECUTIO~ OF AGREEYŒNT WITH THE MOUNT PROSPECT RURAL FIRE PROTECTION DISTRICT WHEREAS, the Mount Prospect Rural Fire Protection District has asked the Village of Mount Prospect to provide the services o£ the Fire Department of the Village to said District during 1980; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that it would be in the best interest of the Village and of said District to enter into an agreement with the terms and conditions set forth in Exhibit A hereto for the provision of Village Fire Department services to said District, provided that said District agrees to the addendum to Exhibit A which is attached hereto as Exhibit B and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS S FOLLOWS: SECTION ONE: The President of the Board of Trustees of the Vil- lage of Mount Prospect be, and she is hereby, authorized to exe- cute and the Village Clerk to attest, the Agreement by and þetween the Vi+lage of Mount Prospect and the Mount Prospect ~ural Fire Protection District and the addendum thereto which I~re attached hereto, respectively, as Exhibits A and B and are incorporated herein by this reference. ECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by this 19th day of February , 1980. YES: AYS: BSENT: Farley, Floras, Miller, Murauskis, Richardson, Wattenberg None None pproved this 19th day of February , 1980. Approved: ~a! ¿:~ ttest: ", "r-o ~ ARTICLES"OF AGREEMENT ARTICLES OF AGRE:¡;:MENT rnadeand entered into this NINTH " -" " " day of NOVEMBER, 1979 by and between the MOUNT PROSPECT RURAL FIRE PROTECTION DISTRICT) a municipal corporation'- Wheeling Town- ship, Cook County, Illinois, hereinafter referred to as the "First 'Party", and the VILLAGE OF MOUNT PROSPECT, ILLINOIS, a municipal corporation, Wheeling and Elk Grove Townships, Cook County, Illi- nois, hereinafter referred to as the IISecond Party". WHEREAS The First Party" and The Second Party are municipal corporations organized under the respective statutes in 'Such 'casesmadeand provided; and WHEREAS The First Party is desirous of obt:aining a contract frOm The SeCond Party for the purposes of. providing fire protection, fire ~ighting, fire prevention and emergency services for that certain territory outlined in red ink on Exhibit~'ha~t:§ched hereto and by reference made a part hereof, which area constitutes the entire area within the corporate limits of The First Party, and which area ~on- '.-'" --stitutes the ~nti:t;"e and.Q1,11y .area. tQ be serviced .bYe- The .second Party for-The First Party; and WHEREA S The Second Party is willing to enter into a contract . with The First Party to supply such services to said area; HOW, THEREFORE, ,. BE IT AND ,IT ~JS HEREBY AqREEDÁND UNDERSTOOD BY ~~TJJ...:BErWEEN THE FIRST PARTY AND THE SECOND PþRTY HEREIN AS FOLLOWS: .:ARTICLE I~:. TP,þ~T for the period beginrdng' ONE JANUARY 1980' at 00:01 AoM. on said day, and expiring THIRTY-ONE DECEMBER 1980 at 12:0b midnight of said day, The Second Party shall furnish all fire protection;, fire ~ighting, fire prevention and emergency ser- 'vices by such voluntee:r, paid-on-call or full time paid firemen available to The Second Party as the Fire Chief of The Second Party Exhibit À j' shall determine, to The First Party for said area outlined in red on said Exhibit A attached hereto. ARTICLE II: THAT for the period of time during which these .Articles shall, be in full force and effect First Party agrees to pay to and Second Party agrees to accept as full pa}~ent for said fire protection, fire fighting, fire prevention and emergency services that sum of money determined by the Net Collections of The First Party's -1979- Tax Levy collected and remitted to The First Farty during the calendar year of -1980- 'remaining after first de- ductingtherefrom the expenses paid out by The First Party during the calendar year of -1980-and'the payment of such sum shall be made in the manner following, to-wit: A. The sum of ONE THOUSAND DOLLARS ($1,000.00) upon the exectitionand delivery of these Articles; and Be The additional sum of THREE THOUSAND DOLh~RS ($3,900.00) upon or before ONE JULY 1980; and c. The additional sum of THREE THOUSAND DOLLARS ($3,000.00) upon or bef ore ONE NOVEM:sER,' 1980; and D. The additional balance., if 'any, due to The Second Party, or the credit, if any, due to The First P~rty, upon or before FIFTEEN FEBRUARY 1981. ARTICLE III: THAT the Fire Chief for The Secónd Party shall have the sale, exclusive right and responsibility to prescribe the - manner9nd method of giving the alarm, for fire or other emergency in the Territory to be servic_ed by The Second Party for The First Party. ARTICLE-IV: THAT the Fire Chief designated by said Second Party shall immediately upon arriving at the scene of any alarm or emergency (or such other officers as may be designated by said Sècond Party) have the sole and exclusive authority and responsi- - 2 - ^ " , , i bility to direct and control any and all fire-fighting, fire pre- vention, fire protection and emergency operations carried on at such scene or scenes, and further, that any officers and/or fire- men appointed by The First Party shall be subject to the order and direction of the Fire Chief designated by The Second Party.. ARTICLE V: THAT all fire-fighting, fire protection, fire pre- vention and emergency procedures conducted under ,the provisions of these Articles shall be under and in/accordance with the regulatiOllS and ordinances, if any, of The Second Party.' First Party agrees to conform its Ordinance No. 48-21, irAn Ordinance Adotping A Fire Preven- t:l.onAnd Building Code", to ordinances of Second Party relating to fire-fighting, fire protection, fire prevention, building construction a~ related to fire safety, and other emergency procedures within thirty days 'of receipt of certified copies of Second Party's related ordinances.. THAT all expenses of maintaining equipment, ap- ARTICLE VI: paratus, salaries, insureance premiums,' and any and all other items of expenses conntected with the several services to be supplied by The Second Party to The First Party shall ,~e. supplied at the sole . . . . expense of The Second Party and that the only expense falling upon The First Party shall be the payments scheduled to be made herein- above in Article II. ARTICLE VII: THAT The First Party shall within seven (7) days of receipt of notice of proposes annexation by any municipality of properties within its District forward a copy of said notice with the legal description contained therein, to The Second Party by addressing said copy of notice to the attention of the Village Clerk, 100 South Emerson, Mount Prospect, Illinois, 60056. Fail- ure to;Eorward any such l1otice of proposed annexation Þy The First:. Party shall not be sufficient reason for The Second Party to rescind these Articles of Agreement. - 3 - , ,. " ~ .~ . , IN WITNESS WHEREOF the PartiÌes hereto have caused these Articles to be executed by their respective officers and affixed hereunto their respective corporate seals. These Articles have been executed on behalf of The First Party pursuant to adoption thereof by a resolution of the executive body of said First Party on the Ninth day of November, 1979. These Articles hav,e been executed 011 behalf of The Second Party pursuant to adoption thereof by a resolution of the executive body of said Second Party on the MOUNT PROSPECT FURAL FIRE Attest: PROTECTION DISTRICT, a municipal corporation by:-K~~~~ fJ~ ~ ~~ President Board of Trustees ~/J( ~ Secretary,-Board of Trustees .,'."",""". ..y VILLAGE OF MOUNT PROSPECT, Attest: ,k¿/~ Village Clerk John Patrick O'Brien Attorney at Law 11 East Minex Street Arlingto~ Heights, Ill., 312/398,.3080 ILLINOIS, a municipal 2oration. by: t;.ÆA+ Ir/- I .£~~ -----'" President Board of Trustees 60004 - 4 - J ,'. RES 0 L UTI 0 N A RESOLlJTION OF THE BOARD OF TRUSTEES, MOUNT PROSPECT RURAL FIRE PROTECTION DISTRICT, WHEELINGTa~NSHIP, COOK COU;\7Y, ILLINOIS, AUTHORIZI~G THE E~"'TRY INTO AND EXECU- TION OF A FIRE PROTECTION SERVICES CO~7RACT BY AND BE- TWEEN THE MOUNT PROSPECT RURAL FIRE PROTECTION DISTRICT AND THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, for the Calendar year of .1980. NOW, THEREFOR, BE IT AND IT IS HEREBY RESOLVED by the BOARD OF TRUSTEES of the MOUNT PROSPECT RURAL FIRE PRO- TECTION DISTRICT» Wheeling Township, Cook County, Illinois. 1. THAT the executive officers of the Board of Trustees of the within MOUNT PROSPECT RURAL FIRE PROTECTION DISTRICT be, and they are hereby authorized and directed to execute and deliver a cer~ain contract for fire protection services to be supplied for the calendar year of -1980- to the said Fire Protection District by the Village of . Mount Prospect, Illinois, a copy of which contract in the form of certain "Articles of Agreement", is to this Resolution attached, bears the legend "Exhibit Au thereon, and is by reference made a part of this Resolution. 2. THAT this Resolution shall be in full force and effect from and after its passage and approval according to law. . . PASSED AND APPROVED THIS NINTH DAY OF NOVEMBER, A.D. 1979. ROLL CALL VOTE: AYES: Gardzelewski, Zehner none NAYES: ABSENT: none MOilli'T PROSPECT RURAL FIRE PROTECTION DISTRICT By: R\~~~d ;;9t4fi~~' President Board of Trustees Attest: . ~4~~ .1,,>.~') -'¡j>CO':" Secretary Board of Trustees ti " v ADDENDUM TO ARTICLES OF AGREEMENT The Mount Prospect Rural Fire Protection District and the Village of Mount Prospect agree as follows: The District agrees not to object to the disconnection from the District of any territory shown on Exhibit 1 attached hereto and incorporated herein by this reference. Accordingly, the District agrees not to file any petition in any court alleging that the disconnection of any territory shown on Exhibit 1 hereto will cause the territory remaining in the District to become non- contiguous or that the loss of assessed valuation will impair the ability of the District to render fully adequate fire pro- tection service to the territory remaining in the District. The District hereby states and represents that the disconnection from the District of the territory shown on Exhibit 1 hereto shall not cause territory within the District to become non- contiguous and shall not impair the ability of the District to render fully adequate fire protection service to the territory remaining within the District. The District shall notify the Village of Mount Prospect at least forty-five (45) days prior to the holding of any rate increase referendum during 1980. If requested by any property owner who annexed property to the Village during 1980, the District will consent to the disconnection of such .territory from the District prior to the automatic disconnection of such territory which would occur on January 1, 1981. Such discon- EXHIBIT B , i.' r, .' . - /. - " nection may take place in any manner authorized by Illinois law and the District will cooperate with and take any action requested or required o£ its corporate authoritiea to effectuate such a disconnection. MOUNT PROSPECT RURAL FIRE PROTECTION DISTRICT By President ATTEST: Secretary VILLAGE OF MOúNT PROSJ?ECT. BYpre~}I X....., '--- ATTEST: Village Clerk