HomeMy WebLinkAboutRes 46-07 12/18/2007
RESOLUTION NO. 46-07
A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT
TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE
CITY OF PROSPECT HEIGHTS AS THE
LOCAL SPONSORS OF LEVEE 37
WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, and the Illinois Compiled
Statutes at 5 ILCS 220/1 et seq. authorize inter-governmental cooperation and agreement between
municipal corporations; and
WHEREAS, substantial portions of the City of Prospect Heights (City) and the Village of Mount Prospect
(Village) are located along the Des Plaines River and within the Upper Des Plaines River watershed; and
WHEREAS, property in the City and the Village is threatened by flood waters from the Des Plaines River;
and
WHEREAS, the United States Army Corps of Engineers ("COE") and the Illinois Department of Natural
Resources ("IDNR") have proposed the construction of a certain public works project commonly known as
the Levee 37 Project ("Levee 37") to prevent flooding from the Des Plaines River in the City and the Village;
and
WHEREAS, COE and IDNR, as part of the Levee 37 Project, require the City and the Village to be the local
sponsors which requires them to obtain all permanent and temporary easements necessary for construction
of Levee 37 and to maintain Levee 37 once it is constructed; and
WHEREAS, the City and the Village have determined that construction of Levee 37 is in the best interest of
the public health, safety and welfare and that they shall become local sponsors in order that Levee 37 shall
be built;
SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect are hereby
authorized to execute the Intergovernmental Agreement regarding the local sponsorship of Levee 37,
attached hereto and made a part of 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:
Corcoran, Juracek, Korn, Lohrstorfer, Zadel
NAYS:
None
ABSENT:
Hoefert
PASSED and APPROVED this 18th day of December, 2007.
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Irvana K. Wilks
Mayor
ATTEST:
M. Lisa A gell
Village Clerk
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Tunothy 1. Carann
Paul WIlL HaIfert
Arlene A.,J1ncek
A. John JCam
Richud M.l.alalo&fb
Michael A. z.Iel
Village of Mount Prospect
50 South Emerson Street, Mount Prospect, DUnois 60056
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND
THE CITY OF PROSPECT HEIGHTS,
AS THE LOCAL SPONSORS OF LEVEE 37
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Inte.rgovernmental Agreement between the
Villaie or Mount Prospect and
the City or Prospect Heights,
as the Local Sponsors of Levee 37
Contents
1. Incorporation of Recitals. .................. ..... ........ ....... .......... .................. .......................... ................ 3
2. Contract with Illinois Department of Natural Resources. ........................................................... 3
3. Acquisition of Easements.. .............. ....... ....... ......................... .................... ................................. 3
3.1 Purchase and Conveyance of Solid Waste Agency of Northern Cook County Land. ........3
3 .2 Negotiation and Agreement with Cook County.................................................................. 4
3.3 Cost of Easements. ............................................................. ...... ...................... .....................4
3.4 Acceptance of Easements....................... .................................. ........................................... 5
4. Maintenance of the Levee. .... .......................................... ...................................... .............. ........ 5
5. Indemnification. ... ........... ................ .................. .................................... ...................................... 5
6. General Provisions. ........................... ......... ...... ................................... ........................ ................ 6
6.1 Sole Agreement. ......... ......... .................. ....................................... ......... .................. ..... ....... 6
6.2 Governing Law........................... .................... .................. ................. ................ ............ ...... 6
6.3 Tenn of Agreement. ... ...:........ ............. .................. ............................ .................. ........... ..... 6
6.4 Notice. ................................ ........................... ............................................................... ....... 7
6.5 Authority to Sign. ............................... ............ .... ........................................... .... ....... ...........7
6.6 Severability. ....................................................................... ............. ....................................7
6.7 Construction of Document. ............. ...................................... .... ..................... .....................7
6.8 Effective Date............................................. .................................................................. ....... 7
THIS AGREEMENT is made and entered into this day of
2007, by and between the VILLAGE OF MOUNT PROSPECT, Illinois, a municipal
corporation and Home Rule unit, ("Village"), and the City of Prospect Heights, Illinois, a
non-home rule municipal corporation ("City") and together ("Parties");
RECITALS:
WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, and the
Illinois Compiled Statutes at 5 ILCS 220/1 et seq. authorize inter-governmental cooperation
and agreement between municipal corporations; and
WHEREAS, substantial portions of the City and the Village are located along the Des
Plaines River and within the Upper Des Plaines River watershed; and
WHEREAS, property in the City and the Village is threatened by flood waters from
the Des Plaines River;
WHEREAS, the United States Army Corps of Engineers ("COE") and the Illinois
Department of Natural Resources ("IDNR") have proposed the construction of a certain
public works project commonly known as the Levee 37 Project ("Levee 37") to prevent
flooding from the Des Plaines River in the City and the Village; and
WHEREAS, Levee 37 shall consist of a system of levees, gates, culverts and other
flood control facilities along portions of the Des Plaines River in the City and the Village
largely on land owned by the Cook County Forest Preserve District (the "CCFPD"); and
WHEREAS, COE and IDNR, as part of the Levee 37 Project, require the City and the
Village to be the local sponsors which requires them to obtain all pennanent and temporary
easements necessary for construction of Levee 37 and to maintain Levee 37 once it is
constructed; and
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WHEREAS, the City and the Village have determined that construction of Levee 37 is
in the best interest of the public health, safety and welfare and that they shall become local
sponsors in order that Levee 37 shall be built;
NOW THEREFORE, the Parties agree as follows:
1. Incorporation of Recitals.
The recitals are incorporated in their entirety.
2. Contract with Illinois Department of Natural Resources.
The Parties understand that IDNR requires local sponsors to execute a standard
agreement with it prior to construction of Des Plaines River levee projects. The Parties agree
to execute an intergovernmental agreement, either jointly or separately, with IDNR as is
required for the construction of Levee 37 so long as the agreement between IDNR and either
the City or the Village: (a) is substantially similar to other agreements executed between
IDNR and local sponsors for other Des Plaines River levee project; (b) does not contain any
financial obligations other than maintenance of Levee 37 after it is constructed.
3. Acquisition of Easements.
In order to construct Levee 37, the Parties must acquire the easements described on the
attached Exhibit A. In order to obtain easements from the County, the Parties must (a)
convey certain real property to the County in order to increase the size of the County's forest
preserve; and (b) either compensate the County for the loss of mature trees by paying money
to the County, make certain improvements to the County's land which improve the flow of
flood waters, or both.
3.1 Purchase and Conveyance of Solid Waste Agency of Northern Cook County Land.
(a) Using its home rule authority and for the benefit of both Parties to accomplish
the purposes of this Agreement, the Village shall purchase and take title to certain property
within the [SW ANCC SUBDIVISION] from the Solid Waste Agency of Northern Cook
County ("SW ANCC Property"). The price to be paid and the exact property to be purchased
are to be agreed upon between the Parties prior to being required to execute any agreement
with the County.
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(b) Using its home rule authority and for the benefit of both Parties to accomplish
the purposes of this Agreement, the Village shall convey the SW ANCC Property to the
County upon the County's agreement to grant all necessary temporary and permanent
easements to the Village and the City for the construction of Levee 37 within the corporate
limits of the City and the Village respectively.
3.2 Negotiation and Agreement with Cook County.
(a) The Parties shall negotiate to achieve a fair agreement with the County for the
easements on the County's land, which is satisfactory to the corporate authorities for both the
City and the Village. Each Party shall participate in the negotiation process and shall agree on
the terms prior to execution of any agreement with the County.
(b) The Parties shall work with COE to provide adequate flow improvement areas
on County land as part of Levee 37 to offset any cash costs for County easements. The term
"flow improvement areas" shall have the meaning described by COE for funding purposes.
3.3 Cost of Easements.
(a) The Parties shall share equally in the cost necessary to acquire the easements,
including appraisal fees, tree inventory and survey fees, title charges, recording fees and other
closing costs. However, each Party shall bear its own attorney's fees.
(b) The Village shall advance all costs of the easements, except for the City's
attorney's fees and pay suc~ costs as they become due.
( c) The City shall pay its share of the costs annually in equal installments over a
period of five (5) years. The City shall make each payment within 30 days of its receipt of the
entire second installment of tax revenue from the County of Cook. The unpaid balance shall
bear interest annually at a rate equal to the 12 Month rate in effect when the payment is
calculated of the Illinois Funds Short Term Loan rate to available to Illinois Funds
participants as published by the Illinois State Treasurer's Office. Such interest shall be
figured on the third day immediately preceding the payment of the annual installments.
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3.4 Acceptance of Easements.
The Parties agree to accept all easements necessary for the construction and
maintenance of Levee 37.
4. Maintenance of the Levee.
Notwithstanding anything to the contrary in the agreement or agreements to be executed
between the Village, the City and IDNR as required in Section 2 above, the Parties shall be
responsible for the maintenance of Levee 37 for only that portion of Levee 37 situated in each
Party's respective corporate limits.
5. Indemnification.
(a) In connection with this Agreement, the City shall indemnify and hold harmless
the Village, its officers, employees, volunteers, and agents against any claims, demands, costs
and expenses, including attorneys' fees for the defense thereof, arising from or in connection
with or when caused by an act or omission on the part of the City, its officers, employees,
volunteers and agents that constitutes negligence or intentional infliction of harm, provided
that such claims, demands, costs, and expenses have not been caused by the negligence or
intentional act of the Village, or its officers, employees, volunteers and agents.
(b) In connection with this Agreement, the Village shall indemnify and hold
harmless the City, its officers, employees, volunteers, and agents against any claims,
demands, costs and expenses, including attorneys' fees for the defense thereof, arising from or
in connection with or when caused by an act or omission on the part of the Village, its
officers, employees, volunteers and agents that constitutes negligence or intentional infliction
of harm, provided that such claims, demands, costs, and expenses have not been caused by the
negligence or intentional act of the City, or its officers, employees, volunteers and agents.
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6. General Provisions.
6.1 Sole Agreement.
This Agreement contains the entire agreement and understanding of the Parties hereto
and may be amended only by an instrument in writing executed by all Parties hereto.
6.2 Governing Law.
This Agreement shall be construed in accordance with the laws of the State of Illinois.
The invalidity or unenforceability of any provision of this Agreement shall not offset or
invalidate any other provision. If any provision of this Agreement is capable of two (2)
constructions, one of which would render the provision invalid and the other of which would
make the provision valid, then the provision shall have the meaning which renders it valid.
6.3 Term of Agreement.
This Agreement shall be effective upon its execution by the Parties and shall remain
in effect until the obligations of the parties pursuant to this agreement have been fulfilled.
The parties acknowledge the City is a non-home rule municipality. Nonetheless the parties
agree that Article VII, Section 10 of the Illinois Constitution entitled Intergovernmental
Cooperation, the Illinois Intergovernmental Cooperation Act @ 5 ILCS 220/1 and the Illinois
Municipal Code @ 65 ILCS 11-61-3 permit the parties to enter into an agreement of this
duration. However, if a court rules that either party did not have the authority to enter into a
contract of this duration, then this agreement shall remain in effect as follows:
Until the end of the term of the mayor ofthe City then holding office at the time of
execution. Thereafter, the Agreement shall be automatically renewed for successive periods
coinciding with the terms of any re-elected or succeeding mayor of the City, unless either
party provides a notice of cancellation within ten (10) business days after the swearing-in of
the mayor of the City.
Under no circumstances shall a cancellation by either Party affect the City's
obligations pursuant to paragraph 3.3(c).
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6.4 Notice.
Any notices required under this Agreement shall be sufficiently given if sent certified
mail, postage prepaid, addressed to the addresses set forth below or such other address as shall
be furnished in writing by any such Party, and any notice or communication shall be deemed
to have been given as of the date so mailed:
To Village:
To City:
Village of Mount Prospect
Attn: Village Clerk
50 S. Emerson Street
Mount Prospect, Illinois 60056
City of Prospect Heights
Attn: City Clerk
8 N. Elmhurst Road
Prospect Heights, IL 60070
6.5 Authoritv to Sign.
The Officers of the Village and City executing this Agreement, respectfully, certify
hereby that each has been duly authorized to sign, and this Agreement has been approved by,
the President and Board of Trustees of the Village and the City Council of the City,
respectively.
6.6 Severability.
In case anyone or more of the provisions contained in this Agreement shall be invalid,
illegal or unenforceable in any respect, the validity, legality and enforceability of the
remaining provisions contained herein shall not in any way be affected or impaired thereby.
6.7 Construction of Document.
This Agreement shall be construed evenly among the Parties and shall not be
construed more strictly against either party, as both the City and the Village have contributed
materially to the preparation, form; substance and content of this Agreement.
6.8 Effective Date.
This Agreement shall be binding on the Parties and effective only as of the date fully
executed by both Parties.
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IN WITNESS WHEREOF, the Parties hereto have entered their hands and seals.
VILLAGE OF MOUNT PROSPECT
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Irvana K. Wilks
Mayor
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