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8.1 This pubic hearing, called pursuant to proper legal notice having been published in the Daily Herald on April 26, 2022 is for the purpose of presenting the proposed formation of the Elk Grove Township Fire and EMS Special Service Area.
Mr�GauC �'d'+rt;�iect noticeSubject This pubic hearing, called pursuant to proper legal '. • been published Herald on April 26, 2022 is for the purpose of presenting the proposed formation of the Elk Grove Township Fire and EMS Special Service Meeting O.. THE MOUNT PROSPECTBOARD Fiscal Impact false Dollar Amount Budget Source Category NEW BUSINESS Type Discussion Item The Elk Grove Rural Fire Protection District (District) is responsible for providing fire and emergency medical services for unincorporated properties within Elk Grove Township. American Fire and Rescue Services Corporation (American) has been providing contractual services for the District since 1979. All employees serving the District are employees of American. The District covers several unincorporated areas between Elk Grove Village, Mount Prospect and Des Plaines and has an annual call volume of 902 calls. Of 902 calls, 325 calls are District calls in the unincorporated area and 577 are mutual aid calls in other municipalities. The District covers four manufactured (mobile home) housing areas as described below. Development Number of Units Population Blackhawk Estates/Touhy Manufactured Housing 265 695 1 Des Plaines Manufactured Housing Oasis Manufactured Housing Willoway Terrace Total 164 430 600 1,572 305 750 1,334 3,447 The District also serves 57 single-family homes in the Ropollo subdivision and various industrial and commercial properties, which are located both north and south of the 1-90 tollway as described in the EGT Service Area Map (attached). Challenges Financia/ Status of the District. The District has been operating in a structural deficit for the last several years. In 2017, the Village completed analysis related to planned and potential future annexations of unincorporated Cook County properties surrounded by the Village - properties which are also within the District. Among other studies, a financial analysis of the District was completed. At that time, the District was funding annual contractual expenses for American at $1.80 million, while their levy was capped by PTELL (Property Tax Extension Limitation Law or tax cap) at approximately $1.20 million. The District was rapidly spending down cash reserves of approximately $600,000 annually. The required statutory payments paid by the Village for annexations occurring in 2016 and 2017 has allowed the Fire District to continue to fund operations until now. The Village scoped five-year statutory payments into three year periods and made accelerated payments. The annual operating contractual service expense for the Fire District is around $1.8 million, while the maximum allowable levy amount per the PTELL laws are approximately $800,000. The Fire District is losing more than $1.0 million each year, rapidly depleting their fund balance. With this significant structural deficit, the District cannot serve its residents and property owners in the future years. An assessment of the District cash position indicates they will run out of reserves in early 2022. Adding to the financial burden of the District, manufactured housing / mobile home communities account for a major portion of the District calls. Due to the county assessment rules, the underlying land parcels are assessed at a much lower rate than their actual market values when compared to residential assessments. The lower assessment for mobile home communities disproportionately puts the financial burden of the service costs on other properties and do not provide a fair and equitable support in proportion to the services consumed. Why Action Is Necessary. We believe the Fire District will run out of cash this year. To date, the Fire District has refused to advise the municipalities of their 2 plan to provide fire and EMS to residents and businesses in unincorporated Elk Grove Township. A change of services will take time to coordinate for the three municipal departments. If the municipalities are not proactive, the Office of the State Fire Marshall may in the future assign a territory or portion of the territory to Des Plaines, Elk Grove Village and/or the Village of Mount Prospect. In that case, the municipalities may be required to provide the same fire and emergency medical services, but would not have any taxing authority to levy taxes to fund these services. Proposed Solution The Village of Mount Prospect has been working with the District since several annexations were completed in 2016 and 2017 to develop a permanent solution to provide residents and business owners in unincorporated Elk Grove Township fire and EMS protection. After evaluating several options, the most practical long-term solution was an intergovernmental shared services agreement with the City of Des Plaines, Elk Grove Village and the Village of Mount Prospect - the three municipalities that would be most likely to respond to calls for fire and EMS. An Intergovernmental Agreement (IGA) has been drafted (attached) to establish fire and EMS responsibilities of the three municipal fire departments, establish a funding mechanism to fund these services, and outline the eventual wind down the Elk Grove Rural Fire Protection District. The IGA would create an opportunity to consolidate critical life -safety services by serving the unincorporated areas with the surrounding established municipal fire departments. Through the IGA, it is ensured that a) the unincorporated residents and businesses will continue to receive fire and EMS response, either through Des Plaines, Elk Grove Village, or the Village of Mount Prospect; b) that these three response entities are receiving funding through the use of the proposed Special Service Areas (SSA) - of which there are three SSA's, total; c) the District had a plan for dissolution and a distribution of assets as outlined in the IGA. The parties to the IGA are: the City of Des Plaines, the Village of Elk Grove Village, the Village of Mount Prospect, and the Elk Grove Rural Fire Protection District. All entities have signed on to the IGA except the District. Terms of the Operations: The municipal fire departments from the three municipalities will provide fire and EMS protection from the closest existing fire stations and with existing fire department staffing. (See attached Response Map July 2021). • The current call volume of the District is approximately 325 calls. Per the territory assigned, the City of Des Plaines will handle approximately 133 calls or 40.9% of total call volume. Elk Grove Village will handle an estimated volume of 140 calls or 43.1% of the total call volume. The remaining 52 calls KI or 16.0% of calls will be handled by the Village of Mount Prospect. • The respective municipal fire departments will provide services based on its own internal policies and will provide the same level of fire and EMS as it provides within the respective corporate boundaries. Funding: As mentioned previously, the unincorporated area generates a maximum property tax levy of $800,000. This is not an adequate funding level for the services being provided by the municipalities. In lieu of the District property tax levy, three Special Service Areas will be created to provide a minimum funding source of $1.OM annually (See attached SSA Map dated August 2021). A total of three SSA's are contemplated to ensure contiguity of parcels, and allows for an equitable contribution from the mobile home communities. SSA 1 and SSA 2 will be enacted by Elk Grove Village, while SSA 3 will be enacted by the Village of Mount Prospect. • The proposed SSAs are based on the Equalized Assessed Values within the unincorporated area. SSA 1 will cover 37 percent of the total Fire and EMS Special Service Area taxes; SSA 2 will cover 36 percent; and SSA 3 will cover 27 percent of the Special Service Area taxes. These ratios/percentages of burden is fixed and any future changes in the Equalized Assessed Value will not shift the burden from one SSA to another. The parcels in the Special Service Areas may be annexed by any of the three municipalities, but annexed parcels are required to remain in the SSA. • The year 1 Total Special Service area tax amount is set at $1.0 million. SSA 1 will levy $370,000, SSA 2 will levy $360,000 and SSA 3 will levy $270,000. These amounts can increase up to 5.0 percent each year as allowed by statute. The year 1 $1.0 million amount may be abated subject to operating distribution amount from the asset liquidation. The total collected taxes from three special service areas will be divided based on the actual call volume handled by each department at the end of the year, as described in the below example. The funding mechanism provides fair and equitable revenue sharing between three participating municipalities based on actual call volume. The IGA creates an opportunity to consolidate critical life -safety services by serving the unincorporated areas with the surrounding professional municipal fire departments. The IGA is not yet approved by the Elk Grove Rural Fire Protection District. Per the available information, the District has enough funds to operate until November 2022. After that, they would have no financial means left to operate and provide critical life -safety services. At this time, staff is of the opinion that it is not in any parties' interest to wait for 4 an approval from the District with regard to the IGA, and as such, the Village of Mount Prospect and Elk Grove Village should move forward with the creation of the Special Service Areas. Staff is requesting an approval for the Special Service Area 3, which will be approved and levied by the Village of Mount Prospect. The Village has completed all compliance related requirements; the notice to the concerned parties for a Public Hearing on the establishment of Special Service Area #3 is sent on May 20, 2022. A notice of public hearing for Special Service Area #3 was also published in the Daily Herald newspaper on April 26, 2020. Next Steps Staff is expected to hear back from the grant authorities about approval of the SAFER grant soon. The current Village budget includes hiring of six firefighters /paramedics (even without the SAFER grant). The Village is also expected to put a fourth ambulance in the south side of the Village in summer 2022. Upon hiring of six firefighters/paramedics and putting the fourth ambulance in service, the Village will be in a great position to serve south Mount Prospect as well as the unincorporated areas. The approval of the Special Service Area is now aligned with timing of the hiring six new firefighters/paramedics. After the conclusion of the public hearing, there is a 60 -day objection period prior to the establishment of the associated SSA ordinance. Should the public hearing be closed on June 7th, the SSA ordinance would be scheduled for the August 9, 2022 Village Board Meeting. Recommendation Staff recommends the Village Board open the public hearing to discuss the creation of "The Elk Grove Township Fire and Emergency Medical Assistance Special Service Area in the Village of Mount Prospect". Alternatives 1. Motion to open the Public Hearing to discuss the creation of The Elk Grove Township Fire and Emergency Medical Assistance Special Service Area in the Village of Mount Prospect. 2. Action at the Discretion of Village Board. 5 Staff Recommendation Hold the public hearing for the proposed Elk Grove Township Fire and EMS Special Service Area. ATTACHMENTS: Public Hearing SSA june 7 2022.pdf SSA Propsoed Response Map August 2021.pdf Ord 6619 04_05_2022 Proposing the establishment of the Mount Prospect Elk Grove Township Fire and Emergency Medical Assistance SSA.pdf LEGAL NOTICE OF PUBLIC HEARING Mount Prospect SSA (SSA3).pdf Resolution 40-21 and IGA with Signatures.pdf EGT Service Area Map.pdf 11 WCK - I 21ft .1 C/kk P N En MAAVNm XnxiW W I"" Ill 01 T.* Wullo.l, V MM" " EM" 'MA 'A',WT011 IN ii NMI 1P WIM $004 liAl i V ur VA M 4" i"000"i UM, WAM"CIMAl tlWmplwKa 1001ii MN @; 000, CW TIC WArQVA 01AVRA OF WO SPICY1,4k N Wllp A PENT 04 rijo, Ulm" 1101, 00 Twif 50,41 o00 'A, VI* wirl"AI'V dp,liwaw'tMlW W `4 61MV.Illkli6 IX✓M1MWH,N <11 VA. ware FA �l 041WON T,U, IV*% 1, 11,0410' PIX EW ON ftF1 00 rKSOVY" NNY (A WIA I `""5l1qiAW*R0 Ac"wn, ,Chcl "Ir iW 01 HV" I'll 1K w1ill rllt WIST low, 10 1111te-j 'ERX"i4ft".0 IV OXX� ZVOV0, IUV ALI, Al VIC TKWrl" 04, ew M&J INK."WItOT I.4 1 "I!B 1�1w. 04, 0ll V.WIANQ AAAA � AJ.5C THE MAP Elf rHE AREA EW*Ml sy Til AAA Al ars E -W Al Ud V V11 0616 m4rW V wamw 911110 a k-01 I Nw. -I N 6 AI I11V IIXI XI ll:! , iNk iI 1.l N, W 11. 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W, .11.1 11 Ill, f AI k)- A- I-V A ".- -a Ell -Al au .1-0n.Ekk 1-91"ft lU` UP -" A, N.", Ili I ill 11 w1w 4 A !4wh 10 PMwnMimw,mmp.mxWAaMuvy "W lW M-10 5,11- -N I- M%-% AAAA NP V.00 twim".- ~R- -.1 ft 1,� � 0 14. %, Vi, 10 1j".4 1-- * " - ill * . p�.W V.- . Ill wMm Ma 'L t. 0- P -ml r. " C VVE0PT4 I- V. A., ... gw.a� � , Ill mr W �WOIP` "i, 1.=.11 6P ,-.0, -a., UUA. NEI, owl- 1. C* 0-0.g, rrl A. M I.- ow ,i,l I -M. Ti, AMS POW A -4 - 01 11A V 101 [41 !�11 � � 11111, iii � 11 11 111 ll III Paddock Publications, Inc. Corporation organized and existing under and by virtue of the laws of the State of Illinois, DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD. That said DAILY HERALD is a secular newspaper and has been circulated daily in the Village(s) of At?ioeli Rqrrjkn.&,t(?pJ1 aqjggtgq_q 1- 1111 s4KA Nqqh_c I�Wp arrin J,— -AQqh Bqrritj&(qnAar q(t.Bat4via uffalo Grgve arlipgoLi Caip ( i Hijj�s LAI_ - —_ �_ 2tjjL__ 1-_akcDeqtfi2ejd,,qqg_j' rXs— PWattes—nm. EastQgndee it ii El �n A GyroYc �Vila x Lk e..,_, .Fj -L -v� —E — - -q— k ... Fox River Grove Franklin Park Geneva G, ililgg.sGit.-iivievn,Cyr-ayslak Green Oak n4 fl in 4jjgvq.jLarkRqvvthorn Woods iess,Lsland Lake,_ &1d re Bjgf[.Lae Il-« restJ.4keLin the Hills,,Lake VilLa ake 7,tLrjqh,. Morton Grove, t.Prospig�tMundelein q1141ke.— Palatine Park Ridge Pros ecLtleightsRiveT� rroypRiyer�yo Kolliqg_Keado\ys 1 grioR, d L4 n e B Leacb- --- _ qUn —. Round Lake.] Round Lake P Park, ley Hollow. St. Charles. Streamwood.Suear Grove.Tbird LakeJower LakesNerrion Hills, YOla, Aads)yqrtb \�L ,,Wikke a ndaai,,Weg I)Lundee lingWilo)yo d Lqc ilinette County(ies) of C-QokKane and State of Illinois, continuously for more than one year prior to the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village(s), County(ies) and State. I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, Act 5, Section I and 5. That a notice of which the annexed printed slip is a true copy, was published 04/2612022 in said DAILY HERALD. IN WFFNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., has caused this certificate to be signed by, this authorized agent, at Arlington Heights, Illinois. PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS BY Authorized Agent..,.,_,,...,,,,._ Control # 4581544 Exhibit - A w DEMIRSIER S I Des Plat ie SSA MAP AUG 2021 IpOIlPuuuIlPuWuoilIPIR SSA1 SSA2 SSA3 OUNY i IRIalnes Y A chlicago Chic a g o I ORDINANCE NO. 6619 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE MOUNT PROSPECT ELK GROVE TOWNSHIP FIRE AND EMERGENCY MEDICAL ASSISTANCE SPECIAL SERVICE AREA IN THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: AUTHORITY TO ESTABLISH SPECIAL SERVICE AREAS. Special Service Areas within home rule municipalities are established pursuant to Article VII, Section 6 of the Constitution of the State of Illinois, and pursuant to the provisions of the Special Service Area Tax Law, 35 ILCS 200/27-5, et seq. SECTION 2: FINDINGS. The Village Board finds: A. That it is in the public interest that the creation of the area hereinafter described as a special service area, for the purposes set forth herein, be considered. B. That the area hereinafter described is compact and contiguous and that some of the properties in the area hereinafter described are within unincorporated Cook County. C. That the area hereinafter described will benefit specifically from the municipal services to be provided, and it is, therefore, in the best interests of the Village that the expenditure of funds by the Village, and the levy of special taxes against said area, for the services to be provided, be considered. D. That the special services to be provided by the Village shall consist of the provision of fire response, emergency medical services, rescue services, incident management and mitigation, and fire community risk activities (collectively, the "Fire and EMS Services") to the Special Service Area. 5112451 D] SECTION 3: PUBLIC HEARING - TAX RATES. & That a public hearing shall be held on the 7th day of June, 2022, at 7:00 p.m., in the Village Hall, 50 South Emerson Street, Mount Prospect Illinois 60056, or at a designated telephonic location if permitted under the Illinois Open Meetings Act and / or the Illinois Governor's Executive Orders, to consider the creation of the Elk Grove Township Fire and EMS Special Service Area of the Village in the area described in the notice of public hearing set forth in Section 4 hereof ("Public Hearing"). B. At said Public Hearing, the levy of a direct annual tax at a rate not to exceed $2.50 per $100.00 of equalized assessed value of the property in the Elk Grove Township Fire and EMS Special Service Area, for each year during which the Village is required to expend funds relative to said Special Fire and EMS Services. The proposed amount of the tax levy for special services for the initial year for which taxes will be levied within the Special Service Area is Two Hundred and Seventy Six Thousand and No/100 Dollars ($276,000.00). C. The aforementioned taxes shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1, et seq.), as amended. D, As the Elk Grove Township Fire and EMS Special Service Area includes properties in unincorporated Cook County, creation of the Elk Grove Township Fire and EMS Special Service Area is conditioned on Cook County first giving consent to creation of the Elk Grove Township Fire and EMS Special Service Area per 35 ILCS 200/27-5. SECTION 4: NOTICE OF PUBLIC HEARING. Notice of the Public Hearing shall be published at least once not less than fifteen (15) days prior to the Public Hearing in one (1) or more newspapers of general circulation in the Village, and notice by mailing shall be given by depositing said notice in the U.S. mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed the Elk Grove Township Fire and EMS Special Service Area, with said notice by mailing being mailed not less than ten (10) days prior to the time set for 5112451 `P] the Public Hearing ("Notice"). In the event taxes for the last preceding year were not paid, the Notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of said property. The Notice shall be in substantially the following form, with such modifications as may be necessary to note the location of the hearing: "NOTICE OF PUBLIC HEARING VILLAGE OF MOUNT PROSPECT ELK GROVE TOWNSHIP FIRE AND EMS SPECIAL SERVICE AREA NOTICE IS HEREBY GIVEN that on June 7, 2022, at 7:00 p.m. in Village Hall, 50 South Emerson Street, Mount Prospect, Illinois 60056, a public hearing will be held by the President and Board of Trustees of the Village of Mount Prospect to consider forming a special service area consisting of the following described property: [LEGAL DESCRIPTION TO BE INCLUDED IN THE NOTICE. SEE ALSO THE MAP OF THE AREA ENCOMPASSED BY THE SSA ATTACHED AS EXHIBIT N PINs: 08-23-400-011-0000 08-23-300-016-0000 08-26-101-006-0000 08-26-102-016-0000 08-26-102-018-0000 08-26-102-019-0000 08-26-102-025-0000 08-26-102-026-0000 08-26-102-027-0000 08-26-102-029-0000 08-26-102-032-0000 08-26-102-035-0000 08-26-102-038-0000 08-26-102-039-0000 08-26-102-042-0000 08-26-102-043-0000 08-26-102-044-0000 08-26-102-046-0000 08-26-102-047-0000 511245.1 08-26-102-048-0000 08-26-102-049-0000 08-26-102-050-0000 08-26-102-051-0000 08-26-200-012-0000 08-26-202-001-0000 08-26-202-002-0000 08-26-202-003-0000 08-26-202-005-0000 08-26-202-006-0000 08-26-203-002-0000 08-26-203-003-0000 08-26-203-008-0000 08-26-203-009-0000 08-26-204-001-0000 08-26-204-002-0000 08-26-204-003-0000 08-26-204-011-0000 08-26-204-012-0000 11 Street Location: The area bounded roughly by Terminal Drive to the north, Higgins Creek to the east, and the south and west by Interstate 90; Common Addresses: 2400 E OAKTON ST, Mount Prospect 2300 E OAKTON ST, Mount Prospect 2000 E OAKTON ST, Elk Grove Village 2301 E OAKTON ST, Arlington Heights 2355 E OAKTON ST, Arlington Heights 2375 E OAKTON ST, Arlington Heights 2231 E OAKTON ST, Elk Grove Village 2309 E OAKTON ST, Elk Grove Village 110 HAMILTON RD, Arlington Heights 2349 E OAKTON ST, Arlington Heights 2375 E OAKTON ST, Elk Grove Village 2324 HAMILTON RD, Arlington Heights 2345 E OAKTON ST, Elk Grove Village 2324 HAMILTON RD, Arlington Heights 2222 E OAKTON ST, Arlington Heights 2211 E OAKTON ST, Arlington Heights 2225 E OAKTON ST, Arlington Heights 130 HAMILTON RD, Arlington Heights 2333 HAMILTON RD, Elk Grove Village 2345 HAMILTON RD, Arlington Heights 2345 HAMILTON RD, Arlington Heights 2349 HAMILTON RD, Arlington Heights 2324 HAMILTON RD, Arlington Heights 2430 LANDMEIER RD, Arlington Heights 2407 E OAKTON ST, Arlington Heights 2411 E OAKTON ST, Arlington Heights 2404 E OAKTON ST, Arlington Heights 110 ELIZABETH DR, Arlington Heights 150 ELIZABETH DR, Arlington Heights 115 ELIZABETH DR, Arlington Heights 125 ELIZABETH DR, Arlington Heights 2425 E OAKTON ST, Arlington Heights 2445 E OAKTON ST, Arlington Heights 2405 HAMILTON RD, Arlington Heights 250 HAMILTON RD, Arlington Heights 2345 HAMILTON RD, Arlington Heights 2300 HAMILTON RD, Arlington Heights 2445 HAMILTON RD, Arlington Heights all in the County of Cook, State of Illinois. 511245_1 12 All interested persons affected by the formation of the Elk Grove Township Fire and EMS Special Service Area will be given an opportunity to be heard regarding the formation of and the boundaries of special service area and may object to the formation of the Elk Grove Township Fire and EMS Special Service Area and the levy of taxes affecting said Elk Grove Township Fire and EMS Special Service Area. The purpose of the formation of the Elk Grove Township Fire and EMS Special Service Area is to fund the Village of Mount Prospect's provision of the Fire and EMS Services within said special service area. A tax levy at a rate not to exceed $2.50 per $100.00 of equalized assessed valuation of property in the Elk Grove Township Fire and EMS Special Service Area for each year during which the Village of Mount Prospect is required to expend funds relative to the provision of the Fire and EMS Services, will be considered at the public hearing. The proposed amount of the tax levy for special services for the initial year for which taxes will be levied within the Special Service Area is Two Hundred and Seventy Six Thousand and No/100 Dollars ($276,000.00). Said tax is to be levied upon all taxable property within the proposed Elk Grove Township Fire and EMS Special Service Area. At the public hearing, all persons affected by the formation of the Elk Grove Township Fire and EMS Special Service Area, including all persons owning taxable real estate therein, will be given an opportunity to be heard. The public hearing may be adjourned by the President and Board of Trustees to another date without further notice, other than a motion, to be entered upon the minutes of its meeting, fixing the time and place of its adjournment and/or as otherwise required by law. If a petition signed by at least fifty-one (51 %) of the electors residing within the Elk Grove Township Fire and EMS Special Service Area and by at least fifty-one (51 %) of the owners of record of the land included within the boundaries of the Elk Grove Township Fire and EMS Special Service Area is filed with the Village Clerk, within sixty (60) days following the final adjournment of the public hearing, objecting to the creation of the Elk Grove Township Fire and EMS Special Service Area, the enlargement thereof, the levy or imposition of a tax for the provision of the Special Services to the area, or to a proposed increase in the tax rate, said the Elk Grove Township Fire and EMS Special Service Area may not be created or enlarged, and no tax may be levied or imposed nor the rate increased. Further, as the Elk Grove Township Fire and EMS Special Service Area includes properties in unincorporated Cook County, creation of the Elk Grove Township Fire and EMS Special Service Area is conditioned on Cook County first giving consent to creation of the Elk 5112451 i FC] Grove Township Fire and EMS Special Service Area per 35 ILCS 200/27- 5. DATED this 23rd of May, 2022, Karen Agoranos Village Clerk Village of Mount Prospect" SECTION 5: EFFECTIVENESS. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. ADOPTED this 5th day of April, 2022, pursuant to a roll call vote as follows: AYES: Filippone, Gens, Matuszak, Pissarreck, Rogers, Saccotelli NAYS: None ABSENT: None _ APPROVED by me this 5th day of April, Paul Wm. Hoefrt, \76age President ATTEST: Karen Agoranos, Vill ge Clerk 5112451 14 NOTICE OF PUBLIC HEARING VILLAGE OF MOUNT PROSPECT ELK GROVE TOWNSHIP FIRE AND EMS SPECIAL SERVICE AREA NOTICE IS HEREBY GIVEN that on June 7, 2022, at 7:00 p.m. in Village Hall, 50 South Emerson Street, Mount Prospect, Illinois 60056, a public hearing will be held by the President and Board of Trustees of the Village of Mount Prospect to consider forming a special service area consisting of the following described property: LEGAL DESCRIPTION: SPECIAL SERVICE AREA #3 THAT PART OF THE SOUTHEAST AND SOUTHWEST QUARTER OF SECTION 23, PART OF THE SOUTH HALF OF SECTION 26, ALL IN TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 23; THENCE NORTH ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 23 TO A POINT ON THE WEST LINE OF THE EAST 974 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH ALONG THE WEST LINE OF THE EAST 974 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 23 TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 26; THENCE SOUTH, 50 FEET TO A POINT ON THE SOUTH LINE OF OAKTON STREET; THENCE EAST ALONG THE SOUTH LINE OF OAKTON STREET TO THE INTERSECTION WITH THE EAST LINE OF HIGGINS INDUSTRIAL PARK UNIT TWO SUBDIVISION (DOC. 20022478); THENCE SOUTH ALONG THE EAST LINE OF SAID HIGGINS INDUSTRIAL PARK UNIT TWO SUBDIVISION TO A POINT ON THE NORTH LINE OF 1-90 (NORTHWEST TOLLWAY); THENCE NORTHWESTERLY ALONG THE NORTH LINE OF 1-90 (NORTHWEST TOLLWAY) TO THE INTERSECTION WITH THE NORTH LINE OF GARLAND C. RICHARDSON'S SUBDIVISION (DOC. 16662336); 511245_1 15 THENCE EAST ALONG THE NORTH LINE OF SAID GARLAND C. RICHARDSON'S SUBDIVISION TO THE NORTHEAST CORNER OF LOT 2 IN SAID SUBDIVISION; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 2 AND THE SOUTHERLY EXTENSION THEREOF, TO THE INTERSECTION WITH THE SOUTH LINE OF SOUTHWEST QUARTER OF SECTION 23; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 23 TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. [SEE ALSO THE MAP OF THE AREA ENCOMPASSED BY THE SSA ATTACHED AS EXHIBIT A] PINs: 08-23-400-011-0000 08-23-300-016-0000 08-26-101-006-0000 08-26-102-016-0000 08-26-102-018-0000 08-26-102-019-0000 08-26-102-025-0000 08-26-102-026-0000 08-26-102-027-0000 08-26-102-029-0000 08-26-102-032-0000 08-26-102-035-0000 08-26-102-038-0000 08-26-102-039-0000 08-26-102-042-0000 08-26-102-043-0000 08-26-102-044-0000 08-26-102-046-0000 08-26-102-047-0000 08-26-102-048-0000 08-26-102-049-0000 08-26-102-050-0000 08-26-102-051-0000 08-26-200-012-0000 08-26-202-001-0000 08-26-202-002-0000 08-26-202-003-0000 08-26-202-005-0000 08-26-202-006-0000 08-26-203-002-0000 08-26-203-003-0000 08-26-203-008-0000 08-26-203-009-0000 08-26-204-001-0000 08-26-204-002-0000 08-26-204-003-0000 08-26-204-011-0000 08-26-204-012-0000 511245_1 16 Street Location: The area bounded roughly by Terminal Drive to the north, Higgins Creek to the east, and the south and west by Interstate 90; Common Addresses: 2400 E OAKTON ST, Mount Prospect 2300 E OAKTON ST, Mount Prospect 2000 E OAKTON ST, Elk Grove Village 2301 E OAKTON ST, Arlington Heights 2355 E OAKTON ST, Arlington Heights 2375 E OAKTON ST, Arlington Heights 2231 E OAKTON ST, Elk Grove Village 2309 E OAKTON ST, Elk Grove Village 110 HAMILTON RD, Arlington Heights 2349 E OAKTON ST, Arlington Heights 2375 E OAKTON ST, Elk Grove Village 2324 HAMILTON RD, Arlington Heights 2345 E OAKTON ST, Elk Grove Village 2324 HAMILTON RD, Arlington Heights 2222 E OAKTON ST, Arlington Heights 2211 E OAKTON ST, Arlington Heights 2225 E OAKTON ST, Arlington Heights 130 HAMILTON RD, Arlington Heights 2333 HAMILTON RD, Elk Grove Village 2345 HAMILTON RD, Arlington Heights 2345 HAMILTON RD, Arlington Heights 2349 HAMILTON RD, Arlington Heights 2324 HAMILTON RD, Arlington Heights 2430 LANDMEIER RD, Arlington Heights 2407 E OAKTON ST, Arlington Heights 2411 E OAKTON ST, Arlington Heights 2404 E OAKTON ST, Arlington Heights 110 ELIZABETH DR, Arlington Heights 150 ELIZABETH DR, Arlington Heights 115 ELIZABETH DR, Arlington Heights 125 ELIZABETH DR, Arlington Heights 2425 E OAKTON ST, Arlington Heights 2445 E OAKTON ST, Arlington Heights 2405 HAMILTON RD, Arlington Heights 250 HAMILTON RD, Arlington Heights 2345 HAMILTON RD, Arlington Heights 2300 HAMILTON RD, Arlington Heights 2445 HAMILTON RD, Arlington Heights 511245_1 17 all in the County of Cook, State of Illinois. All interested persons affected by the formation of the Elk Grove Township Fire and EMS Special Service Area will be given an opportunity to be heard regarding the formation of and the boundaries of special service area and may object to the formation of the Elk Grove Township Fire and EMS Special Service Area and the levy of taxes affecting said Elk Grove Township Fire and EMS Special Service Area. The purpose of the formation of the Elk Grove Township Fire and EMS Special Service Area is to fund the Village of Mount Prospect's provision of the Fire and EMS Services within said special service area. A tax levy at a rate not to exceed $2.50 per $100.00 of equalized assessed valuation of property in the Elk Grove Township Fire and EMS Special Service Area for each year during which the Village of Mount Prospect is required to expend funds relative to the provision of the Fire and EMS Services, will be considered at the public hearing. The proposed amount of the tax levy for special services for the initial year for which taxes will be levied within the Special Service Area is Two Hundred and Seventy Six Thousand and No/100 Dollars ($276,000.00). Said tax is to be levied upon all taxable property within the proposed Elk Grove Township Fire and EMS Special Service Area. At the public hearing, all persons affected by the formation of the Elk Grove Township Fire and EMS Special Service Area, including all persons owning taxable real estate therein, will be given an opportunity to be heard. The public hearing may be adjourned by the President and Board of Trustees to another date without further notice, other than a motion, to be entered upon the minutes of its meeting, fixing the time and place of its adjournment and/or as otherwise required by law. If a petition signed by at least fifty-one (51 %) of the electors residing within the Elk Grove Township Fire and EMS Special Service Area and by at least fifty-one (51%) of the owners of record of the land included within the boundaries of the Elk Grove Township Fire and EMS Special Service Area is filed with the Village Clerk, within sixty (60) days following the final adjournment of the public hearing, objecting to the creation of the Elk Grove Township Fire and EMS Special Service Area, the enlargement thereof, the levy or imposition of a tax for the provision of the Special Services to the area, or to a proposed increase in the tax rate, said the Elk Grove Township Fire and EMS Special Service Area may not be created or enlarged, and no tax may be levied or imposed nor the rate increased. Further, as the Elk Grove Township Fire and EMS Special Service Area includes properties in unincorporated Cook County, creation of the Elk Grove Township Fire and EMS Special Service Area is conditioned on Cook County first giving 511245_1 18 consent to creation of the Elk Grove Township Fire and EMS Special Service Area per 35 ILCS 200/27-5. DATED this 26th day of April, 2022. Karen Agoranos Village Clerk Village of Mount Prospect 511245_1 19 EXHIBIT A N W+E S APRIL 2022 511245_1 ,tia:r"0 SSA3 Sources: Earl, WERE, Garmin, USES, Intermap, INCREMENT[', NRCan, Esri Japan, METI, Esri China (Hong Kong), Esrl Korea, Esri (Thailand), NGCC, (c) ©penstreetMap contributors, and the GIs User Community 20 RESOLUTION NO. 40-21 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT, CITY OF DES PLAINES, ELK GROVE VILLAGE AND ELK GROVE RURAL FIRE PROTECTION DISTRICT FOR THE PROVISION OF FIRE AND EMS SERVICES WHEREAS, the Village of Mount Prospect is a unit of local government authorized to exist under the terms of the Illinois Compiled Statutes; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorizes public agencies in Illinois to exercise jointly with any other public agency any power or powers, privileges, functions or authority which may be exercised by a public agency individually, and to enter into contracts for the performance of governmental services, activities, and undertakings; and WHEREAS, Mount Prospect, Elk Grove Village, Des Plaines, and the District ("Parties") are units of local government as defined in Article VII, Section 1 of the Constitution of the State of Illinois and they all are public agencies as defined in the Intergovernmental Cooperation Act, 5 ILCS 220/2; and and WHEREAS, the Parties recognize the essential nature of the fire protection and emergency medical services provided by the District to the geographically disparate Service Areas; and; and WHEREAS, the Parties acknowledge that the Elk Grove Rural Fire Protection District is operating at a structural financial deficit and will not be able to maintain sufficient funding to continue providing fire protection and emergency medical services to its Service Areas in the near future; and WHEREAS the Parties desire to enter into an Intergovernmental Agreement in order to set forth their individual and mutual obligations regarding the coordination, funding, and provision of the Fire and EMS Services to the Service Areas. NOW, THEREFORE, BE IT RESOLVED by the President and Village Board of the Village of Mount Prospect, Cook County, Illinois as follows: SECTION ONE: The Mayor is hereby authorized to sign an Intergovernmental Agreement between the Village of Mount Prospect, City of Des Plaines, Village of Elk Grove Village and Elk Grove Rural Fire Protection District for the provision of Fire and EMS Services. SECTION TWO: The Intergovernmental Agreement between the Village of Mount Prospect, the Village of Elk Grove Village, the City of Des Plaines and the Elk Grove Rural Fire Protection District for the Coordination, Planning, Funding and Provision of Fire Protection and Emergency Medical Services to Certain Unincorporated areas in Cook County is attached to and made a part of this Resolution. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage. AYES: Filippone, Gens, Matuszak, Pissarreck, Rogers, Saccotelli NAYS: None ABSENT: None PASSED and APPROVED this 2nd day of November, 20', ATTEST: �y P Karen M. Agoranos Village Clerk 21 Revised 08/27/2021 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT, THE VILLAGE OF ELK GROVE VILLAGE, THE CITY OF DES PLAINES AND THE ELK GROVE RURAL FIRE PROTECTION DISTRICT FOR THE COORDINATION, PLANNING, FUNDING AND PROVISION OF FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES TO CERTAIN UNINCORPORATED AREAS IN COOK COUNTY THIS INTERGOVERNMENTAL AGREEMENT ("Agreement') is made and entered into this day of , 2021 ("Effective Date"), by, between and among the Village of Mount Prospect ("Mount Prospect'), the Village of Elk Grove Village ("Elk Grove Village"), the City of Des Plaines ("Des Plaines") and the Elk Grove Rural Fire Protection District ("District') collectively referred to herein as the "Parties." RECITALS WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, provides that in furtherance of the exercise of their powers, units of local government may contract among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorizes public agencies in Illinois to exercise jointly with any other public agency any power or powers, privileges, functions or authority which may be exercised by a public agency individually, and to enter into contracts for the performance of governmental services, activities, and undertakings; and WHEREAS, the District currently provides fire protection and emergency medical services to those unincorporated parcels located within its jurisdiction ("Service Areas"); and WHEREAS, Mount Prospect, Elk Grove Village, Des Plaines, and the District are units of local government as defined in Article VII, Section 1 of the Constitution of the State of Illinois and they all are public agencies as defined in the Intergovernmental Cooperation Act, 5 ILCS 220/2; and WHEREAS, Mount Prospect, Elk Grove Village, and Des Plaines (collectively, the "Municipalities" and each a "Municipality') are home rule municipal corporations pursuant to Section 6 of Article VII of Constitution of the State of Illinois; and WHEREAS, the Parties recognize the essential nature of the fire protection and emergency medical services provided by the District to the geographically disparate Service Areas; and WHEREAS, the Parties acknowledge that the District is operating at a structural financial deficit and will not be able to maintain sufficient funding to continue providing fire protection and emergency medical services to its Service Areas in the near future; and {00119604.8} 4662151 1 22 Revised 08/27/2021 WHEREAS, the Parties believe it is reasonable and in the best interest of all concerned that the Municipalities assume the responsibility to provide fire response, emergency medical services, rescue services, incident management and mitigation, and fire Community Risk Reduction activities (collectively, the "Fire and EMS Services") to the Service Areas as soon as the Municipalities are able to establish one or more municipal special service areas ("SSAs") over the District's Service Areas for the purpose of establishing a consistent and sustainable funding source; and WHEREAS, the Parties recognize the ongoing provision of the Fire and EMS Services to the Service Areas requires that the Municipalities coordinate and cooperate to create the SSAs; and WHEREAS, the Municipalities seek to use their home rule and intergovernmental cooperation authority to (i) provide the Fire and EMS Services to the Service Areas on an extraterritorial basis; and (ii) levy and redistribute revenues from the SSAs to equitably share the benefits and burdens of this joint endeavor; and WHEREAS, the Parties desire to enter into this Agreement in order to set forth their individual and mutual obligations regarding the coordination, funding, and provision of the Fire and EMS Services to the Service Areas; and WHEREAS, the governing bodies of each of the Parties have determined that it is in the best interests of their respective constituents to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, conditions and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and accepted by the Parties, the Parties agree as follows: 1. Incorporation of Recitals. The Recitals as set forth above are incorporated herein by reference and made a part of this Agreement. 2. Creation of Special Service Areas. Immediately after the Effective Date, Elk Grove Village and Mount Prospect will enact legislation and take all other measures necessary to create three Special Service Areas in accordance with the Special Service Area Law (35 ILCS 200/27-5 et seq.) over the contiguous territory within the Service Areas depicted on the map attached as Exhibit A ("SSA Eligible Parcels"). It is the intent of the Parties that the SSAs created pursuant to this Agreement will encompass the largest portion of the Service Areas possible while maintaining sufficient contiguity to comply with the Special Service Area Law. Elk Grove Village and Mount Prospect may accomplish this either by (a) the creation of one unitary SSA by either Municipality, if there is sufficient geographical contiguity between the SSA Eligible Parcels and one Municipality; or (b) the creation of individual SSAs by Elk Grove Village and Mount Prospect with boundaries corresponding to those portions of the Service Areas {00119604.8} w 23 Revised 08/27/2021 contiguous to each Municipality and each other. Des Plaines will not be required to create or maintain any of the proposed SSAs. To the extent parcels within the District are not initially included in the SSAs, any such omitted parcels will be subsequently added to the Service Areas and included within one of the SSAs in a timely manner or otherwise served by one of the Municipalities as soon as contiguity is achieved. 3. Provision of Fire and EMS Services. {00119604.8} a. Commencement of Fire and EMS Services by the Municialities. No later than 30 days after the establishment of the SSAs, or a date otherwise mutually agreed upon by the Parties ("Service Commencement Date"), each Municipality will assume the primary responsibility to provide the Fire and EMS Services to the portions of the Service Areas that are assigned to it as depicted on the map attached to this Agreement as Exhibit B. The Parties agree and commit to work together to ensure a smooth transition of service to the District's properties. b. ADDortionment of Prima[Service Res onsibilit . The apportionment of the Services Areas between the Municipalities depicted in Exhibit B is based on a preliminary assessment of call volume, traffic patterns, and response capabilities, including equipment availability and staffing. This apportionment will be adjusted as needed by agreement of the Municipalities to ensure the highest possible level of service to each Municipality's Service Area. The District, until it is dissolved, shall be provided notice of any proposed changes to the assigned coverage areas for the respective sections of the Service Areas. C. Level of Service; Response Times. The Municipalities shall provide at least the same level and quality of Fire and EMS Services to the Service Areas as they provide to their own residents. The Municipalities shall adopt all appropriate and necessary rules, regulations, and procedures to ensure prompt response times to the Service Areas that are reasonably consistent with the emergency response times provided to incorporated areas of the Municipalities. The Parties will be obligated to work in good faith to remedy any identified consistent response time deficiencies, including, if necessary or appropriate, reapportioning primary service responsibilities for the Service Areas amongst the Municipalities. d. Discontinuation of District Service and Tax Levy. The District will discontinue, and cause its contract service provider American Fire Service ("Contract Provider") to discontinue the provision of the Fire and EMS Services to the Service Areas immediately upon the 466215_J „3« 24 Revised 08/27/2021 Service Commencement Date. The District, after the Service Commencement Date, shall cease to levy a property tax over its territory unless the SSAs have not yet been approved or established. In the event a 2021 tax by the District is necessary, the District shall levy the maximum allowable amount by law, subject to approval by the municipalities. e. Mutual Aid Support. In order to provide the Fire and EMS Services to the Services Areas, the Municipalities will provide necessary mutual aid support to each other in accordance with established mutual aid agreements and procedures. Each Municipality will bear all dispatch costs arising from calls for fire protection or emergency medical services originating from their respective Service Areas. 4. Funding the Fire and EMS Services. {00119604.8} The Parties intend that the Fire and EMS Services be funded by annual special service tax levies in an amount sufficient to substantially compensate and reimburse the Municipalities' expenses incurred in providing the Fire and EMS Services to the Service Areas ("Annual Funding"). The amount of the Annual Funding shall provide for allowable annual increases or decreases as provided herein. The Annual Funding is further described as follows: a. Initial Annual Funding. The Annual Funding amount for the first year after the Service Commencement Date shall be set at $1,000,000. The amount is set assuming that the Fire and EMS services will commence on January 1, 2022. If the Fire and EMS services begin later than January 1, 2022, in such case, the amount of annual funding of $1.0 million for the year 1 shall be reduced proportionately based on the actual commencement date. b. Multiple SSAs. If the Municipalities determine it is necessary to establish multiple SSAs to levy the Annual Funding, the following requirements will apply: i. The proportional amount of the Annual Funding to be levied by each SSA as shown in the Exhibit A shall be as follows: SSA 1 37%; SSA 2 36%; and SSA 3 27%. This pro rata share of each SSA shall remain the same for the entire term of this Agreement, regardless of annexations. ii. Elk Grove Village and Mount Prospect will use its best efforts to create an SSA that correspond to the Service Areas as depicted in Exhibit B, excluding any non-contiguous parcels ineligible for inclusion in the SSA. The District shall use its best efforts to 466215_1 4 25 {00119604.8} Revised 08/27/2021 support the creation of the SSAs and direct its Contract Provider to do the same. iii. Mount Prospect will act as administrator of all SSA funds and shall be responsible for annually redistributing the revenue from its SSA levy to the Municipalities in the manner described in Section 4.c below.. Elk Grove Village shall turn over all SSA funds to Mount Prospect upon receipt. Mount Prospect will provide an annual accounting of all SSA funds to all parties to this Agreement. C. Calls of Service: Call Volume. The SSA tax revenues actually collected by each Municipality ("SSA Revenues") will be distributed proportionately by, between, and among the Municipalities based on the Calls for Service generated by their respective Service Areas. A "Call for Service" for the purposes of this Agreement will be defined as a call for assistance from the public that results in the dispatching of fire and/or EMS equipment and personnel by a Municipality to one of the Services Areas, either as a primary responder or mutual aid. A Call for Service does not include calls for other public safety purposes (e.g. police or public work call -outs) or inter/intra- departmental communications that do not result in dispatching fire protection or EMS personnel. d. Redistribution in Subse uent Years. The annual redistribution of the SSA revenues shall be based on a calendar year and be revised each year to reflect the proportionate call volume generated by each municipality during the immediately preceding year. e. Timing of Annual Redistribution of SSA Revenues. On or about March 15th of each year, Mount Prospect, as administrator of SSA funds, will distribute to the Municipalities the aggregate SSA Revenues among themselves in a manner that materially equalizes the SSA Revenues per call for each municipality ("Annual Redistribution"). To facilitate the redistribution of SSA Revenues, the Municipalities agree to track and share the call volume generated by their respective Service Areas on an annual calendar year basis. f. Deposit and Authorized Uses of SSA Revenues. SSA Revenues collected by, or distributed to, the Municipalities shall be turned over to Mount Prospect to administer. These revenues shall be used for the purpose of providing the Fire and EMS Services to the Service Areas or reimbursing the Municipalities for services already rendered to their Service Area. 466215_1 5 26 {00119604.8} Revised 08/27/2021 g. Future Annexation of Service Areas. In the event any properties within a SSA are annexed to a Municipality they shall remain in the SSA and be responsible for paying the SSA tax. The portion of the Municipal property tax levy may be abated by the annexing Municipality at its discretion until such time as the properties are removed from the SSA. h. Ad`ustment of Annual Funding. After the Service Commencement Date, the Annual Funding will be adjusted yearly on January 1St by mutual agreement of the Municipalities in an amount necessary to ensure that the Annual Funding will cover the aggregate cost of service to the Service Areas. The Annual Funding may not be increased by more than five percent (5%) each year. i. Patient Billing. A Municipality providing ambulance service within the Service Areas will bill the patient or service recipient directly. The District assigns all the rights and interest to bill and collect ambulance billing, inspection service fees, Ground Emergency Medical Transportation Services (GEMT) and any other future county/state and federal grant funds for the provision of the Fire and EMS Services. k. Continuitv of Service. At the time of expiration of the term of this Agreement, the Municipalities will renew the Agreement or, alternatively, the Municipalities must collectively establish a new source of funding at a comparable level with that provided by the SSAs so that the Municipalities may continue to provide the same level of the Fire and EMS Services to the Service Areas. The Parties shall cooperate in the exercise of their obligations as set forth in this Agreement. The Parties shall prepare, execute and provide such additional agreements, consents and other approvals as needed to perform the purposes and objectives of this Agreement. 46615 1 lb 16 a 6 27 6. Dissolution of the District {00119604.8} Revised 08/27/2021 a. Once funding for the Fire and EMS Services to the Services Areas through the SSAs is established, the Municipalities will commence provision of the Fire and EMS Services to the Service Areas. b. The District agrees to pass an ordinance to levy 2021 property taxes (payable in 2022) at the maximum allowable amount per the applicable law. The District also agrees to cease levying any further taxes after AY 2021 levy (payable in 2022). The district agrees to handover the AY 2021 levy collection to the Special Service Areas. The AY 2021 levy collection amount shall be considered as payment in lieu of annual funding amount set forth in section 4 (a) for the year 1. Any remaining unfunded amount from the year 1 annual funding set forth in section 4(a) shall be paid using operating distribution amount as defined in Sections 6(c)(ii)(B) and 6(c)(iii) below. C. Immediately after the Service Commencement Date, the District shall liquidate its assets and distribute these liquidated assets as follows: The District's fire station property (Station 11) and the District tanker vehicle shall be deeded to Mount Prospect to deploy an ambulance in the future and the existing tanker vehicle to better serve the District parcels. Formal transfer of these properties shall take place upon Mount Prospect's hiring of six (6) additional firefighter/paramedics to be deployed at Station 11; All remaining District assets shall be liquidated and divided and distributed as follows: A. $50,000 shall be retained by the District Board to wind up its affairs, with any funds remaining upon dissolution to be distributed to the Municipalities and divided among them in the same ratio as the SSA taxes; B. Of the remaining proceeds, 50% of the proceeds shall be considered operational funds and will be used to pay legal fees in relation to the creation of Special Service Areas. All the remaining operating funds will be used to offset the SSA levy against the District properties; and C. 50% shall be considered capital funds and distributed to Elk Grove Village and the Des Plaines in equal portions. D. In the event that the District is not dissolved in 2022, despite the best efforts of the District Board, the 466215_1 7 28 {00119604.8} Revised 08/27/2021 Municipalities shall reimburse the District for legally necessary expense that exceed the $50,000 retained to wind up its affairs for a maximum period of three years after the transfer of service called for by this Agreement. iii. Mount Prospect owes the District a sum of $262,895 under a 2017 Intergovernmental Agreement between Mount Prospect and the District that relate to annexations from the years 2016 and 2017. The Village of Mount Prospect agrees to pay $262,895 in the SSA Funds and shall be used as operational funds to further offset the SSA levies as provided in Section 6(c)(ii)(B) above. iv. The total amount of operating funds after payment of legal fees as provided in Section 6(c)(ii)(B) and the additional $262,985 from Mount Prospect as provided in Section6(c)(iii) shall be used to reduce the SSA levies against District property in the following order. A. To fund the gap between year 1 annual funding amount and the amount collected in property taxes from the Fire District's AY 2021 levy (payable in 2022). B. Any remaining amount shall be divided in three equal installments and shall be used to abate the SSA levies for the following three tax levy years. V, The year 2 SSA levy is set at $1.0 million plus annual levy increase agreed between three municipalities as allowed by the applicable laws. The amount can further be reduced by the 1/3rd of the levy abatements as identified in the section 6( c)(iv)(B). vi. The year 3 SSA levy is set at year 2 levy before any levy abatement plus annual levy increase agreed between three municipalities as allowed by the applicable laws. The amount can further be reduced by the 1/3rd of the levy abatements as identified in the section 6( c)(iv)(B). vii. The year 4 SSA levy is set at year 3 levy before any levy abatement plus annual levy increase agreed between three municipalities as allowed by the applicable laws. The amount can further be reduced by the 1 /3rd levy abatements as identified in the section 6( c)(iv)(B). viii. For the year 5 and onwards the levy is set at prior ear's gross levy before any abatements plus annual levy increase agreed between three municipalities. d. The District agrees to cooperate and use its best efforts to dissolve the District pursuant to and in full compliance with the requirements of the Fire Protection District Act set forth at 70 ILCS 705/15(a). The District agrees to initiate a referendum to dissolve the District to be 4662151 29 Revised 08/27/2021 placed on the November 2022 general election ballot ("Dissolution Referendum"). If the Dissolution Referendum fails, the District agrees to initiate a subsequent referendum for the same purpose within five (5) years. The District board members agree to support the dissolution referendum. Until the District is dissolved, Mount Prospect shall provide a suitable location for the District Board to conduct required public meetings. Mount Prospect shall further provide a suitable storage area for the District's public records for as long as retention is required by law. e. The District waives and releases all rights and claims to reimbursement payments due under Section 20 of the Fire Protection District Act (70 ILCS 705/20) for annexation by a Municipality of any parcel within the Service Areas that occurs after the Service Commencement Date. After the Service Commencement Date, ,any outstanding statutory payments by the Municipalities to the District that have not already been paid shall be considered void and no longer owed, except as set forth in Section 6(c)(iii) above. 7. Creation of the SSAs for the Service Areas a Condition Subse uent. The creation and establishment of either a unitary SSA or multiple SSAs to provide the Annual Funding through SSA Revenues is a mandatory condition subsequent to the performance of this Intergovernmental Agreement. In the event that the SSAs cannot be created by June 1, 2022, the Service Commencement Date will not occur, this Agreement will terminate, and the Parties will be released from all obligations set forth herein. The Municipalities agree to work diligently to adopt the necessary ordinances proposing the establishment of the SSAs no later than 90 days after the Effective Date of this Agreement. 8. Remedy. The Parties agree that their sole and exclusive remedy under this Agreement shall be to seek specific performance of the obligations set forth herein. 9. Miscellaneous Provisions {00119604.8} a. Notices. Notices or other writings which any Party is required to or may wish to serve upon the Parties shall be delivered personally, or sent registered or certified mail, return receipt requested, postage prepaid, addressed as follows: 466215_,1 9, 30 If to Mount Prospect: Michael Cassady Village Manager If to Des Plaines: Michael Bartholomew City Manager 1420 Miner Street Des Plaines, IL 60016 MBartholomew@desplaines.org Revised 08/27/2021 If to Elk Grove Village: Ray Rummel Village Manager If to the District: James Jablonski President 1415 E Algonquin Rd Arlington Heights, IL 60005 Also, a hardcopy of all the notices going to the Fire District shall also be given to: Karl Ottosen, Ottosen DiNolfo Hasenbald & Castaldo, Ltd 1804 N. Naper Blvd. Suite 350 Naperville, IL 60563 kottosen�?ottosenlaw com Additionally, the Parties may agree to serve notices or other writings via email at addresses designated for service by each Party. b. Entire Agreement. This Agreement contains the entire agreement or understanding between the Parties and it supersedes any prior understandings or written or oral agreements between them regarding the subject matter of this Agreement. C. No Waiver of Rights. The failure of any Party to insist upon strict performance of any of the terms of this Agreement, or to exercise any of its rights hereunder, shall not waive such rights and such Party shall have the right to enforce all such rights at any time. d. Choice of Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, and any court proceedings between the Parties hereto shall be brought in the Circuit Court of Cook County, Illinois. e. Failure of Performance. If a Party materially fails to perform its obligations under this Agreement, as determined by the Circuit Court of Cook County, Illinois, then any other Party may obtain a court order compelling performance of the defaulting party. {00119604.8} 31 {00119604.8} Revised 08/27/2021 f. Term of the A reement. This Agreement shall have an initial term of twenty (20) years, with two (2) automatic ten-year (10 -year) renewal terms, unless notice of termination by any municipality is received by the other municipalities no fewer than sixty (60) days prior to expiration. This Agreement shall automatically terminate upon annexation of all properties in the SSA(s) into a municipality. g. Indemnification. To the fullest extent permitted by law, the Parties agree to indemnify, defend and hold harmless one another and their respective directors, administrators, officers, agents, employees, successors, assigns and all other persons, firms and corporations acting on their behalf or with their authority, from and against any and all injuries, liabilities, losses, damages, costs, payments and expenses of every kind and nature (including, without limitation, court costs and attorneys' fees) for claims, demands, actions, suits, proceedings, judgments and settlements arising out of or in any way relating to or occurring in connection with the implementation of this Agreement and the actions each Party will be obligated to take in accord with this Agreement. h. Insurance. The Parties shall provide to each other proof, in the form of Certificates of Insurance, of insurance adequate to cover liabilities that may arise as a result of meeting their obligation under this Agreement. i. Amendments to the Agreement. Any amendments to this Agreement must be made and approved in writing by the Parties. j. Counterparts. This Agreement may be simultaneously executed in counterparts, each of which so executed shall be deemed to be original, and such counterparts together shall constitute one and the same instrument. k. Approval of the Agreement. subject to the approval of the Parties. 466215_1 a� rcq�, The execution of the Agreement is corporate authorities of each of the 32 Revised 08/27/2021 IN WITNESS WHEREOF, the Village of Mount Prospect, pursuant to authority granted by the adoption of a Resolution by its Board of Trustees, has caused this Agreement to be executed by its Mayor and attested by its Clerk; the Village of Elk Grove Village, pursuant to authority granted by the adoption of a Resolution by its Board of Trustees, has caused this Agreement to be executed by its Mayor and attested by its Clerk; the City of Des Plaines, pursuant to authority granted by the adoption of a Resolution by its City Council, has caused this Agreement to be executed by its Mayor and attested by its Clerk; and the Elk Grove Rural Fire Protection District, pursuant to authority granted by the adoption of a Resolution by its Trustees, has caused this Agreement to be executed by its President and attested by its Secretary. VILLAGE OF MOUNT PROSPECT an Illinois,ome rule municipal corporation By:411-� P�t VILLAG ROVE VILLAGE ig B. Johnson, Mayor CITY OF DES PLAINES an Illinois home rule rr ohicipal corporation Andrew Goczkowski, Mayor ELK GROVE RURAL FIRE PROTECTION DISTRICT, an Illinois unit of local government 0 President {00119604.8} 466215_1 12 ATTEST: By: ---L. A-' - Karen Aa( ATTEST: M Murphy, ATTEST: By. Jess a "astalski,lerk ATTEST: By: Heather Maldonado, Secretary 33 Overall Service Area Map ELK GROVE If I L L A G E oLfl-F(i C, 34