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HomeMy WebLinkAbout8.3 1st reading of  AN ORDINANCE TO ADOPT THE ELK GROVE TOWNSHIP FIRE AND EMERGENCY MEDICAL ASSISTANCE SPECIAL SERVICE AREA IN THE VILLAGE OF MOUNT PROSPECT.Item Cover Page Subject 1st reading of AN ORDINANCE ADOPT GROVE• ASSISTANCE SPECIAL SERVICE AREA IN THE VILLAGE OF •PROSPECT. Meeting August 16, 2022 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - Fiscal Impact false Dollar Amount Budget Source Category NEW BUSINESS Type Action Item Information .. 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 population Units Blackhawk Estates/Touhy 265 695 Manufactured Housing Des Plaines Manufactured Housing 164 430 Oasis Manufactured Housing 600 1,572 1 Willoway Terrace 305 750 Total 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 I-90 tollway as described in the EGT Service Area Map (attached). 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 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 2 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. 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. 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 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 3 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 $276,000. 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 full-time municipal fire departments. The IGA is not yet approved by the Elk Grove Rural Fire Protection District. Per the available information obtained through FOIA, staff believe 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 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. Elk Grove Village has followed similar procedure with regard to their Special Service Areas (SSA #1 and SSA #2) and is on schedule to adopt their associated ordinances in September 2022. 4 Staff is requesting an approval of an ordinance establishing Special Service are #3, titled "The Elk Grove Township Fire and Emergency Medical Assistance Special Service Area in the Village of Mount Prospect", with levying to be instituted at a future date by the Village of Mount Prospect. The Village has completed all compliance related requirements to establish the SSA: • The notice to the concerned parties for a Public Hearing on the establishment of Special Service Area #3 was sent on May 20, 2022; • A notice of public hearing for Special Service Area #3 was published in the Daily Herald newspaper on April 26, 2020; • The required public hearing for the establishment of Special Service Are #3 was held on June 7, 2022 (after the required 60 -day public notice waiting period). There was one question from the public regarding Fire/EMS mutual aid which was answered as noted in the attached minutes; • The required 60 -day objection period, which begins after closure of the public hearing, ended on August 6, 2022. 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 October 2022. Upon hiring of six firefighters/paramedics and putting the fourth ambulance in service, the Village will be in a improved position to serve the entire Village 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. Staff recommends the Village Board approve an ordinance adopting Special Service Area (SSA) #3, known as "The Elk Grove Township Fire and Emergency Medical Assistance Special Service Area in the Village of Mount Prospect". Alternatives 1. Adopt the Ordinances Establishing 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 Approve an ordinance adopting Special Service Area (SSA) #3, known as "The Elk Grove Township Fire and Emergency Medical Assistance Special Service Area in the Village of Mount Prospect", in the Village of Mount Prospect. ATTACHMENTS: June_7_2022_VB Minutes SSA#3 Public Hearing.pdf Ord #6619 04_05_2022 Establishment Elk Grove Township Fire and Emergency Medical Assistance SSA.pdf Resolution 40-21 and IGA with Signatures.pdf IGA SSA MAP AUGUST 20 21 On Portal. pdf EGT Service Area Map.pdf MP—SSA Adoption Ordinance VB 8.16.2022.pdf 6 WisaMaas awx;r. Village of Mount Prospect Regular Meeting of the Village Board Tuesday, June 7, 2022 / 7:00 p.m. 1. CALL TO ORDER Mayor Hoefert called the Regular Meeting of the Village Board to order at 7:07 p.m. in the Board Room at Village Hall, 50 S. Emerson St. 2. ROLL CALL: Members present upon roll call by the Village Clerk: Mayor Paul Hoefert, Trustee Agostino Filippone, Trustee Terri Gens, Trustee John Matuszak, Trustee Colleen Saccotelli and Trustee Richard Rogers Absent: None a. Pledge of Allegiance - Led by Gus Gilbertson and Jill Sevilla b. Invocation - Trustee Saccotelli provided the Invocation 3. APPROVAL OF MINUTES 3.1 Minutes of the Regular Meeting of the Village Board - May 17, 2022 Motion by Colleen Saccotelli, second by Agostino Filippone to approve the meeting minutes of May 17, 2022 Yea: Agostino Filippone, Terri Gens, John Matuszak, Colleen Saccotelli, Richard Rogers Nay: None Final Resolution: Motion Passed 4. MAYORS REPORT Mayor Hoefert paused for a moment of silence to remember the nineteen innocent victims of the recent school shooting in Uvalde, Texas. 4.1 Appointment of Michael Zadel to fill the vacant Trustee seat occasioned by the resignation of Trustee Peggy Pissarreck. Mayor Hoefert presented the nomination of Michael Zadel to fill the vacant trustee seat. Village Manager Michael Cassady stated Mr. Zadel is uniquely qualified to fill this open position. Mr. Zadel served on the Village Board of Trustees for twenty years until his retirement in 2021. Mr. Cassady stated his ability to think logically and critically will benefit the Board. Mr. Zadel is and has been an asset to both the Village Board and the community of Mount Prospect. Trustee Filippone commented, stating he will support the appointment but questioned the process of selecting an appropriate candidate. Trustee Gens thanked Mr. Zadel for stepping in and looks forward to working with him. 7 Mayor Hoefert stated that there are no formal rules or Village codes to follow when selecting candidates for appointment and believes Mr. Zadel will continue to serve the community well. Michael Zadel's experience and knowledge allows him to join the Board without formal onboarding or training. No further discussion. Motion by Richard Rogers, second by Terri Gens to approve the appointment of Michael Zadel to the Village Board of Trustees: Yea: Agostino Filippone, Terri Gens, John Matuszak, Colleen Saccotelli, Richard Rogers Nay: None Final Resolution: Motion Passed Village Clerk Karen Agoranos administered the Oath of Office to Michael Zadel. Trustee Zadel took his seat at the dais. 4.2 PROCLAMATION: In Recognition of LGBTQ+ Pride Month - June 2022 Mayor Hoefert read the proclamation into record supporting recognition of LGBTQ+ Pride Month. 4.3 PROCLAMATION: Gun Violence Awareness Month - June 2022 Mayor Hoefert read the proclamation announcing the month of June as Gun Violence Awareness Month and presented it to student Jane Spencer, co-organizer for the local chapter of March for Our Lives. March for Our Lives is a national youth -led movement dedicated to promoting civic engagement, education, and direct action by youth to eliminate the epidemic of gun violence. 4.4 ACCOLADES On behalf of the Village Board, Mayor Hoefert wished Mount Prospect residents and Special Olympic athletes Gus Gilbertson and Linda Sevilla the best of luck as they compete in the upcoming Illinois Special Olympic Summer games in Bloomington -Normal. Mayor Hoefert presented Mr. Gilbertson and Ms. Sevilla certificates of achievement for their participation in the Illinois Special Olympics. Mayor Hoefert announced the Village will recognize Juneteenth with a proclamation at next week's Committee of the Whole meeting. The meeting will take place at the Mt. Prospect Park District RecPlex beginning at 6:00p.m. Mayor Hoefert recognized Scouts Jason Prempas and Niklas Dusek from Troop 23 who were in attendance and working toward their "Citizenship in Community" badges. S. COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD Citizens addressed the Board with concerns regarding the proposed rezoning of the property located at 350 N. Wolf Road from B-1 to I-1. The following citizens appeared in-person and shared concerns regarding safety, traffic, noise pollution and a decrease in home property values: Mary Pat Donohue Des Plaines resident • Referenced email addressed to the Village Board detailing safety and other concerns Glinda LoVerde Des Plaines resident Sargan Merza, Raj Shah and Mary Beth Sillmaker Longford Glen Homeowners Association • Submitted petitions opposing the re -zoning proposal 8 Des Plaines resident (name not provided) Mayor Hoefert reminded the audience that the proposed rezoning case for 350 N. Wolf Road will be presented at the June 21, 2022 meeting of the Village Board. Steve Polit 601 N. Wilshire • Noticed an increase in pedestrian traffic in and around Randhurst Village; concerned with lack of sidewalks accessing Randhurst • The owners of Randhurst need to improve pedestrian accessibility to this popular destination 6. CONSENT AGENDA Motion by Colleen Saccotelli, second by Richard Rogers to approve the consent agenda as presented: Yea: Agostino Filippone, Terri Gens, John Matuszak, Colleen Saccotelli, Richard Rogers, Michael Zadel Nay: None Final Resolution: Motion Passed 6.1 Monthly Financial Report - April 2022 6.2 List of Bills - May 11, 2022 to May 31, 2022 - $6,227,363.04 6.3 Motion to waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE TO ABATE A PART OF THE TAXES LEVIED FOR CORPORATE AND MUNICIPAL PURPOSES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021 AND ENDING DECEMBER 31, 2021. Ordinance No. 6629 6.4 Motion to waive the rule requiring two readings of an ordinance and adopt an ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE VILLAGE CODE OF MOUNT PROSPECT. {This ordinance decreases the number of Class "F-1" liquor licenses by one (1) BRICKS ON ICE LLC d/b/a BRICKS WOOD FIRED PIZZA CAFE located at 1501 Feehanville Drive, Mount Prospect, I L. } Ordinance No. 6630 6.5 Motion to waive the rule requiring two readings of an ordinance and adopt an ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE VILLAGE CODE OF MOUNT PROSPECT. {This ordinance decreases the number of Class "F-1" liquor licenses by one (1)MINA RESTAURANT INC d/b/a MINA MEDITERRANEAN RESTAURANT located at 1742 W. Golf Road, Mount Prospect, IL.} Ordinance No. 6631 6.6 Motion to continue consideration of the 1st reading of an ORDINANCE FOR A ZONING MAP AMENDMENT FROM B-1 OFFICE TO I-1 LIMITED INDUSTRIAL AT 350 N. WOLF ROAD TO THE JUNE 21, 2022 VILLAGE BOARD AGENDA. 6.7 Motion to accept Sourcewell joint purchasing contract award for the purchase of one (1) new Doosan 185 air compressor for an amount not to exceed $29,795.00. 9 7. OLD BUSINESS None 8. NEW BUSINESS 8.1 This public 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. Mayor Hoefert opened the public hearing for the purpose of presenting the proposed formation of the Elk Grove Township Fire and EMS Special Service Area to order at 7:47 p.m. Mount Prospect Fire Chief John Dolan began the presentation by providing a brief history of the Elk Grove Rural Fire Protection District (EGRFPD). Chief Dolan stated the Elk Rural Fire Protection District provides fire and EMS services to the unincorporated areas along I-90 in Elk Grove Township, Des Plaines and Elk Grove. The District has been in existence since 1979. The District also serves the Village of Mount Prospect via mutual aid response. Chief Dolan displayed a map of the Elk Grove Township Service area and provided a brief background of the EGRFPD. The district includes four manufactured home parks, 57 single-family homes and industrial and commercial properties along the I-90 tollway. Chief Dolan stated the District services approximately 977 calls per year; 325 are in -District call and the remaining 577 are mutual aid calls. Records indicate that the District will no longer have funds to exist beyond November 2022. As a proposed solution, Fire Chiefs from the Village of Mount Prospect, City of Des Plaines and the Village of Elk Grove Village agreed that a shared service solution was the best course of action. This solution requires an Intergovernmental Agreement by all three municipal governments to provided Fire and EMS services to unincorporated Elk Grove Township currently serviced by EGRFPD. With the anticipated dissolution of the existing District, Chief Dolan stated his department is in the process of hiring six (6) additional fire fighters needed to improve response time in south Mount Prospect. In addition, a second ambulance is scheduled to be in operation by the end of July to serve the area. Chief Dolan provided details of the proposed Intergovernmental Agreement and displayed a map of the proposed Special Service Areas, SSA 1 and SSA 2 (Elk Grove) and SSA 3 (Village of Mount Prospect). Chief Dolan stated the unincorporated areas residents will receive the same level of Fire and EMS services as provided to residents of each town by respective municipal fire departments. In addition, ambulance -billing fees will be applied at the incorporated residential rate. In a response to a comment from the Board, Chief Dolan stated this solution allows the Village to stay ahead of the anticipated development in the south end of Mount Prospect and achieves a stategic goal initiative of the Mount Prospect Fire Department to improve Fire and EMS services to south Mount Prospect. Director of Finance Amit Thakkar presented the financial impact of the proposed Special Service Area. Mount Prospect will establish one Special Service Area (SSA 3) and will levy $270,000 in the first year of operation. Elk Grove Village will establish two Special Service Areas. It is estimated that a total of $1 million will be collected in SSA taxes and will be divided based on recent call data. The Village of Mount Prospect is estimated to receive $150,000 in year 1. The SSA taxes are expected to increase the overall fire levy tax burden by 5.29 percent or on an overall tax bill by 1.12 percent. 10 Village Manager Michael Cassady provided the status of the IGA and stated the Village of Mount Prospect, Elk Grove Village and the City of Des Plaines have adopted the IGA but the Elk Grove Rural Fire District has yet to do so and have been uncooperative and unwilling to engage in productive discussions and negotiations. The District continues to operate in a deficit and their financial situation will affect their ability to provide high-quality fire protection and EMS to impacted areas of the Village. The approval of the Special Service Area by the Village will allow the Village to provide the same level of service to this area as current Village residents. Mr. Cassady added the Village of Mount Prospect has led the initiative to develop this long-range solution to this very important situation and provided details the the Village's efforts. Mr. Cassady provided a timeline of next steps including the statutory 60 -day waiting period between the public hearing and adoption of an ordinance establishing the SSA. This ordinance is expected to go before the Board for approval in August 2022. Board Comments: • Monumental task; staff has been working on this for four years; kudos to the Village Manager, Fire Chief and staff • Complex issue that included support from the neighboring municipalities to make this work; important collaboration • Quality of services will increase for the residents served by the SSAs Public Comment Louis Goodman 310 N. School Street • Asked if the Village's SSA will support the other SSAs in cases of extreme emergencies Chief Dolan replied yes, and in the situation of an extreme emergency, the mutual aid box alarm system would be activated. The Mount Prospect Fire Department responds in every situation when/where service is needed There being no further discussion or public comment, Mayor Hoefert closed the public hearing at 8:13 9. VILLAGE MANAGER'S REPORT 9.1 Motion to approve a change order to the Rand -Central -Mount Prospect Road Phase II Design Engineering Contract in an amount not to exceed $52,539.00. Director of Public Works Sean Dorsey presented a change order to the Rand -Central -Mount Prospect Road Phase II Design Engineering Contract in the amount of $52,539.00. The Chicago Metropolitan Agency for Planning has approved additional funds to cover 800/0 of the request and the Village is responsible for the remaining 20% or $10, 508. Mr. Dorsey detailed changes to the original project scope including an additional crosswalk study to produce documentation in support of keeping the crosswalk at the intersection of Rand Road and Mount Prospect Road. Ultimately, the Illinois Department of Transportation eliminated the existing crosswalk on the west leg of Rand Road and Mount Prospect Road to the chagrin of the Village. The final design will include crosswalks only across the north, south and east legs of the intersection. In addition, due to IDOT-initiated changes requiring all new pedestrian crossing signals to include Accessible Pedestrian Signal push buttons, original traffic signal plans had to be altered to comply with this new requirement. Lastly, there were significant delays by IDOT with the land acquisition process. These changes in the original plans and delays from IDOT resulted in an additional 374 hours of work to complete Phase II Engineering. Mr. Dorsey stated construction is expected to begin fall 2022 with an anticipated completion date of fall 2023. 11 Mr. Dorsey answered questions from the Board. Board Comments • Expressed continuing frustration with IDOT • Suggested proactive approach with IDOT to hold them accountable and initiate change; many other municipalities have similar complaints with IDOT; problems are not limited to Mount Prospect Public Comment Louis Goodman 310 N. School Street • State is not doing their part; unfair to expect Village to keep funding improvements that are not supported by IDOT Steve Polit 601 N. Wilshire • Issues should be brought before the Governor and other elected officials; IDOT is unreliable and incapable 9.2 As submitted No additional report 10. ANY OTHER BUSINESS Trustee Gens and Trustee Filippone commended the Fire, Police and Human Services Departments for their assistance helping families who were displaced as a result of the apartment fire on the south side of the Village. Trustee Rogers announced Coffee with Council takes place this Saturday at 9:00 a.m. Trustee Saccotelli reminded the Board that the Illinois Municipal Conference is searching for new committee members and encouraged her fellow trustees to consider joining a committee. Michael Cassady announced next week's Committee of the Whole meeting will be "on the road" and will meet at the Mt. Prospect Park District RecPlex beginning at 6:00 p.m. Items relating to South Mount Prospect will be discussed and encouraged all interested residents to attend. Mayor Hoefert noted he attended the ribbon cutting for Kitamura Machinery located in Kensington Business Center this week. Kitamura, a Japanese -based company, relocated their U.S. headquarters to Mount Prospect last year and is pleased to have their high-end machining business in the Village. Japanese dignitaries attended to celebrate the occasion. 11. ADJOURNMENT With no additional business to conduct, Mayor Hoefert asked for a motion to adjourn. Trustee Rogers, seconded by Trustee Saccotelli motioned to adjourn the meeting. By unanimous voice call vote, the June 7, 2022 regular meeting of the Village Board of Trustees adjourned at 8:38 p.m. Respectfully submitted, Karen M. Agoranos Village Clerk 12 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. 511245,_1 13 SECTION 3: PUBLIC HEARING - TAX RATES. A, That a public hearing shall be held on the 7"' 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 511245_1 14 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 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 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 15 Street Location: The area bounded roughly byTerminal Drive tothe north, Higgins Creek to the aast, and the south and west by Interstate 90; Common Addresses 24UOEOAKTDNST, Mount Prospect 23OOEOAKTONST, Mount Prospect 2OOUEOAKTDNST, Elk Grove Village 2301 EDAKT{}N3T.Arlington Heights 2365 EOAKJON ST, Arlington Heights 2376 E0AKT[)N ST, Arlington Heights 2231 EOAKTONST, Elk Grove Village 23DQEOAKTONST, Elk Grove Village 118HAMILTON RD, Arlington Heights 2348EDAK](]NST, Arlington Heights 2375EOAKTONST, Elk Grove Village 2324HAMILTON RD, Arlington Heights 2345EOAKJONST, Elk Grove Village 2324HAMILTON RD, Arlington Heights 2222E(]AKTONST, Arlington Heights 2211 EOAKTONST, Arlington Heights 2225 EOAKIC)NST, Arlington Heights 13OHAMILTON RD, Arlington Heights 2333HAMILTON RD, Elk Grove Village 2345 HAMILTON RD, Arlington Heights 2345 HAMILTON RD, Arlington Heights 234AHAMILTON RD, Arlington Heights 2324 HAMILTON RD, Arlington Heights 243OLAND&4E|ERRD, Arlington Heights 2407EOAKTONST, Arlington Heights 2411 EOAKT[}NST, Arlington Heights 2404 EOAK3[>N ST, Arlington Heights 110ELIZABETH DR, Arlington Heights 150ELIZABETH DR, Arlington Heights 115ELIZABETH DR, Arlington Heights 125ELIZABETH DR, Arlington Heights 2425EOAKTONST, Arlington Heights 2445EC}AKTONST, Arlington Heights 24O5HAMILTON RD, Arlington Heights 25OHAMILTON RD, Arlington Heights 2345 HAMILTON RD, Arlington Heights 23OOHAMILTON RD, Arlington Heights 2445 HAMILTON RD, Arlington Heights all in the County of Cook, 8imb* of Illinois. 16 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 511245_1 17 Grove Township Fire and EyW8 Special Service Area per 35 |LC8 200/27- 5. DATED this 23rdofMay, 2022. KaranAgoronoo Village Clerk Village ofMount Prospect" SECTION 5: EFFECTIVENESS. This Ordinance shall beinfull force and effect from and after its passage and approval aaprovided bylaw. ADOPTED this 5th day ufApril, 2O22.pursuant toaroll call vote mefollows: None None _APPROVED bymethis 5th day nf April, 0 Paul Wm. Hoef rt, age PresideWn�i Karen Ago 18 RESOLUTION NO. 40-21 ARESOLUTION APPROVING 4wINTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT, CITY OF DES pLAImES,ELK GROVE VILLAGE AND ELK GROVE RURAL FIRE PROTECTION DISTRICT FOR THE PROVISION OpFIRE AND EMS SERVICES WHEREAS, the Village of Mount Prospect isaunit oflocal government authorized to exist under the terms of the Illinois Compiled Statutes; and WHEREAS, the Intergovernmental 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 (" are units o[local government as defined in Article Vil, 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 emaenbe| 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 Bk Gm,a Rural Fina Pmhaminn District is operating at e structural financial deficit and will not be able to maintain sufficient funding to continue providing five protection and emergency medical services to its Service Areas in the near future; and WHEREAS the Parties desire tuenter into anIntergovernmental Agreement |norder toset forth their individual and mutual obligations regarding the coordination, funding, and provision of the Fire and EMS Services tnthe Service Areas. NOW, THEREFORE, BE IT RESOLVED by the Pnasiuom and Village Board m[the Village or Mount Pmmpect, Cook County, Illinois aofollows: SECTION ONE: The Mayor is hereby authorized 0osign an Intergovernmental Agreement between tke vmoQe of Mount pmopoct. City o[Des P|aineo, Village ofElk Grove VlUeQe and Elk Grove Rural Fire Protection District for the provision ofFire 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 beinfull force and effect from and after its passage. AYES: FiUppone.Gens, Matuozak Pioaerreok.Rogers, Saccom||i NAYS: None ABSENT: None PASSED and APPROVED this 2nd day ufNovember, 2O21 / 1F. , F"'Fle Karen M. Agoranos Village Clerk 19 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 r� 1 20 Revised 0812712021 WHEREAS, the Parties believe it is reasonable and in the beet 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 (coU*oUvm|y.the "Fire and EMS Services") to the Service /\naae 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 ofestablishing aconsistent and sustainable funding source; and WHEREAS, the Parties recognize the ongoing provisionof the Fire and EMS Services tothe 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 basin; and (ii) levy and redistribute revenues from the SSAs to equitably share the benefits and burdens ofthis 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 dis inthe best interests of their respective constituents toenter 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 ofwhich are hereby acknowledged and accepted bvthe Parties, the Parties mgmsa 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 Sgecial Service Areas. Immediatelyafter the Effective Date' Elk Grove Village and Mount Prospect will enact legislation and take all other measures necessary to omamte three Special Service Areae in accordance with the Special Service Area Law (35|LCS2OD/27-5 et seq.) over the contiguous territory within the Service Areas depicted on the map attached aoExhibit A(^SSA Eligible Pamcmls'').|tisthe intent ofthe Parties that the 8@Ao created pursuant to this Agreement will encompass the largest portion of the Service Areae possible while maintaining sufficient contiguity to comply with the Special Service Area Law. Bk Grove Village and Mount Prospect may u000rnp|ieh this either by (a) the creation of one unitary SSA by either K8uniuipo|ity, if thane is sufficient geographical contiguity between the SSA Eligible Parcels and one Municipality; or(b)the creation ofindividual SSAubyElk Grove Village and Mount Prospect with boundaries corresponding to those portions of the Service Areas mu19ow.8> 21 Revised 0812712021 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 BSAs' any such omitted parcels will be subsequently added to the Service Areas and included within one ofthe SSAeinatimely manner orotherwise served by one ofthe Municipalities aosoon aacontiguity ieachieved. 3. Provision of Fire and EMS Services. a. Commencement of Fire and EMS Services bv the Municioalities. 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 toprovide the Fire and EMS Services hothe portions of the Service Areas that are assigned to it as depicted on the map attached tmthis Agreement oa Exhibit B. The Parties agree and commit towork together toensure asmooth transition mfservice to the District's properties. The apportionment cfthe Services Areas between the Municipalities depicted inExhibit B is based on o preliminary assessment of mm}| vo|ume, traffic patterns, and response capabilities, including equipment availability and staffing. This apportionment will be adjusted as needed by agreement pfthe Municipalities hzensure the highest possible level of service to each Municipality's Service Area. The Oietriot, until it is dissolved, shall beprovided notice ofany proposed changes tothe assigned coverage areas for the respective sections ofthe Service Areas. C. The Municipalities shall provide otleast the same level and quality ofFire and EMS Services tothe Service Areas as they provide to their mvvn residents. The Municipalities shall adopt all appropriate and necessary ru|mo. regulations, and procedures toensure prompt response times tmthe Service Areas that are reasonably consistent with the emergency response times provided boincorporated areas ofthe Municipalities. The Parties will be obligated to work in good faith to remedy any identified consistent response time dafioianoieo, inc|uding, if necessary or appnnpriate, reapportioning primary service responsibilities for the Service Areas amongst the Municipalities. d, Discontinuation of District Service and Tax Levy. The District will disomnUnue, and cause its contract service provider American Fine Service ("Contract Prooider")budiscontinue the provision ofthe Fire and EMS Services to the Service Areas immediately upon the (0m19604.8} 22 Revised 0812712022 Service Commencement Date. The Disthct, after the Service Commencement Oote, shall cease tolevy m property tax over its territory unless the 0SAohave not yet been approved mrestablished. |nthe event o2U21tax bythe District ianecessary, the District shall levy the maximum a||ovxeb|e amount by |aw, subject to approval by the municipalities. e. Mutual Aid Support. |norder to provide the Fire and EMS Services to the Services &reoo. 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. 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 EyNG Services to the Service Areae ("Annual Funding"). The amount u[the Annual Funding shall provide for allowable annual increases ordecreases aaprovided herein. The Annual Funding ia further described eafollows: o. Initial Annual Funding. The Annual Funding amount for the first year after the Service Commencement []ate shall be set at $1.000.000. The amount ioset assuming that the Fire and EyW3 services will commence onJanuary 1.2O22. If the Fire and EMS services begin later than January 1. 2022. in such ceoe, the amount mfannual funding of$1.Omillion for the year 1shall bereduced proportionately based unthe actual commencement date. b. Multiple SSAs. If the Municipalities daL*nnina it is necessary to establish multiple SSAs to levy the Annual Funding, the following requirements will apply: The proportional amount of the Annual Funding to be levied by each SSA as shown in the Exhibit ahoU be as follows: SSA 1 37%; SGA 2 36%; and SSA 3 27%. This pro rata share of each SSA shall remain the same for the entire term ofthis Agreement, regardless ofannexations. ii Elk Grove Village and Mount Prospect will use its best efforts to create onSSA that correspond b»the Service Areas aedepicted /n Exhibit B. excluding any non-contiguous parcels ineligible for inclusion in the SSA. The District shall use its best efforts to (00119604.8) 23 mms604.m Revised 0812712021 support the creation ofthe SSAeand direct its Contract Provider to dothe same. |U. Mount Prospect will act as administrator ofall SSA funds and shall beresponsible for annually redistributing the revenue from its SSA levy to the Municipalities in the manner described in Section 4.ube|Vw..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. The SSA tam 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 bytheir respective Service Areas. A "Call for Service" for the purposes ofthis Agreement will bedefined as a call for assistance from the public that nssu|ba in the dispatching of fire and/or EMS equipment and personnel byaMunicipality tVone of the Services Arean, either as a primary responder ormutual aid. A Call for Service does not include oo||a 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 o,EMS personnel. Redistribution in Subsequent Years. The annual redistribution ofthe SSA revenues shall be based on e calendar year and be revised each year toreflect the proportionate call volume generated bveach municipality during the immediately preceding year. e. Timina of Annual Redistribution of SSA Revenues. On or about March 15th of each year, Mount Prospect, as administrator of SSA furds, will distribute to the Municipalities the aggregate SSA Revenues among themselves inmmanner that materially equalizes the SSA Revenues per call for each municipality ("Annual Redistribution"). Tofacilitate the redistribution of SSA Revenuea, the Municipalities agree totrack and share the call volume generated by their respective Service Areas on an annual calendar year basis. Deposit and Authorized Uses of SSA Revenues. SSA Revenues collected by, ordistributed to, the Municipalities shall beturned 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 orreimbursing the Municipalities for services already rendered hotheir Service Area. 466215_1 24 Revised 0812712021 g. Future Annexation of Service Areas. In the event any properties within a SSA are annexed to o 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 atits discretion until such time amthe properties are removed from the SSA. h. 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 0mn/iue Areas. The Annual Funding may not be increased bymore than five percent (596)each year. AMunicipality providing ambulance service within the Service Areas will bill the patient orservice recipient directly. The District assigns all the rights and interest hVbill and collect ambulance bi|||ng, inspection service hsea. Ground Emergency &4ediuo| Transportation 8en/icae (GEMT) and any other future county/state and federal grant funds for the provision of the Fire and E&4G Sen/ices. k. Continuitv of Service. /& the time ofexpiration ofthe term ofthis Agreement, the Municipalities will renew the Agreement or, altennmbve|y, the Municipalities must collectively establish o new source of funding at a comparable level with that provided by the SSAs so that the Municipalities may continuo to provide the same level ofthe Fire and EMS Services tmthe Service Areas. The Parties sMsU| cooperate in the enmujmm of their obligations as set forth in this Agreement. The Parties shall prepore, execute and provide such additional agreements, consents and other approvals asneeded toperform the purposes and objectives Vfthis Agreement. (00119604.8) 25 6. Dissolution of the District (0m19604.8) Revised 0812712021 Once funding for the Fire and EMS Services tuthe Services Areas through the SSAeinestablished, the Municipalities will commence provision of the Fin* and EMS Services to the Service Areas. The District agrees bmpass anordinance hnlevy 2O21property taxes (payable in 2022) at the nnonimunn oUovveb|e amount per the applicable |mvv. The District also aQnaee to cease levying any further taxes after AY 2021 levy (payable in 2022). The district agrees to handover the AY2O21 levy collection tothe Special Service Areas. The AY2O21levy collection amount shall be considered aopayment /nlieu ofannual funding amount set forth insection 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 The District's fire station property (Station 11) and the District tanker vehicle shall be deeded to K8ourd Prospect to deploy an ambulance in the future and the existing tanker vehicle to better serve the District parcels. Formal transfer ofthese properties shall take place upon Mount Prospect's hiring ofsix (6)additional firefighter/paramedics tobedeployed otStation 11; U. All remaining District assets shall be liquidated and divided and distributed as follows: A. $50,000 shall be retained by the District Board to windup its afhairn, with any funds remaining upon dissolution to he d|athbmbad to the Municipalities and divided among them inthe same ratio oathe SSA taxes; B. Ofthe remaining proceeds, 5O%ofthe proceeds shall be considered operational funds and will beused b»pay legal fees inrelation hothe creation ofSpecial Service Areas. All the remaining operating funds will be used to offset the SSA levy against the District properties; and C. 50Y6 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 3022. despite the best efforts of the District Board, the 4662151 26 100119604.81 Revised 0812712021 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 ofservice called for bythis Agreement. iii. Mount Prospect owes the District a sum of $262,895 under 2017 Intergovernmental Agreement between Mount Prospect and the District that relate to annexations from the years 2018 and 2017. The Village ofMount Prospect agrees bopay $202.8S5 in the 88/\ 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 ofoperating funds after payment oflegal fees as provided in Section 8(o)(ii)(B) and the additional $282.985 from Mount Prospect aoprovided inSection 6(c)(iii)shall beused to reduce the SSA levies against District property in the following order. A. Tofund the gap between year 1annual funding amount and the amount collected in property taxes from the Fire District's AY2O21levy (payable in2023). B. Any remaining amount shall be divided in three equal installments and shall beused ioabate the SSA levies for the following three tax levy years. V, The year 2 SSA levy is met at $1.0 million plus annual levy increase agreed between three municipalities an allowed by the applicable laws. The amount can further bereduced bythe 1/3m ofthe levy abatements aaidentified inthe section 0(o)(ivXB\ vi. The year 3 SSA levy is set at year 2 levy before any levy gUahenneni plus annual levy increase agreed between three municipalities moallowed bythe applicable laws. The amount can further be reduced by the 1/3rd of the levy abatements as identified inthe section G(o)(iv)(B). vii. The year 4 SSA levy is omd at year 3 levy before any levy abatement plus annual levy inon*mae agreed between three municipalities amallowed bythe applicable laws. The amount can further be reduced by the 1/3m levy abatements as identified in the section G(c)(iv)(B). viii. For the year 5 and onwards, the levy is set at prior year'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 hmand infull compliance with the requirements ofthe Fire Protection District Act set forth et7O|LC87O5V15/a\The District mgnaee to initiate o referendum to dissolve the [}i*dhc± to be 4662151 27 Revised 0812712021 placed onthe November 2D22 general election ballot (^DissmJutimm Referendum"). K the Dissolution Referendum fails, the District agrees to initiate a subsequent referendum for the eenne purpose within five (5) years. The District board members agree tosupport the dissolution referendum. Until the District is disam|wmd' Mount Prospect shall provide a suitable location for the District Board to conduct required public meetings. Mount PpVmpaot eho|| further provide asuitable storage area for the District's public records for oe long agretention is required by law. e. The District waives and releases all rights and claims to reimbursement payments due under Section 20 of the Fine Protection District Act (70 |LCS 705/20) for annexation by o Municipality mfany pmroa| within the Sen/ice Areas that occurs after the Service Commencement Date. After the Service Commencement Dede, any outstanding statutory payments by the Municipalities tothe District that have not already been paid shall be considered void and nolonger owed, except osset forth inSection 7. Creation of the SSAs for the Service Areas a Condition Subsequent. The creation and establishment of either eunitary SSA ormultiple SSAnto provide the Annual Funding through SSA Revenues is o mandatory condition subsequent to the performance of this Intergovernmental Agreement. In the event that the S8As cannot be created by June 1' 2022, the Service Commencement Date will not occur, this Agreement will terminate, and the Podime 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 SSAa no later than 80 days after the Effective Ombe ofthis Agreement. The Parties agree that their sole and exclusive remedy under this Agreement shall behoseek specific performance ofthe obligations eetforth herein. 9. Miscellaneous Provisions (00119604.8) a. Notices. Notices orother writings which any Party ierequired boov may wish toserve upon the Parties shall bedelivered personally, or sent registered or certified mail, return receipt requested, postage prepaid, addressed as follows: 466215 1 ~6~ 28 mm19604.8) If to Mount Michael Cassady Village Manager Revised 0812712021 If toElk Grove Village: Ray Rummel Village Manager If to Des Plaines: If to the District: Michael Bartholomew James Jablonski City Manager President 142OMiner Street 1415E Algonquin Rd Des Plaines, |L8OO1M Arlington Heights, |L8OOO5 N1BarthP|omew@deap|mines.org Also, ahardcopy mfall the notices going iothe Fire District shall also begiven to: Karl CJttoogn.Otbosen0NoltoHmngnbm\d&Caeto|do.Ltd 18O4N.NaperBlvd. Suite 35O Naperville, |L8O5B3 Additionally, the Parties may agree toserve notices mrother writings via email at addresses designated for service by each Party. b. Entire Agreement. This Agreement contains the entire agreement on understanding between the Parties and it supersedes any prior understandings or written or oral agreements between them regarding the subject matter nfthis Agreement. No Waiver of Rights. The failure mfany Party toinsist upon strict performance of any of the hanna of this Agreement, or to exercise any ofits rights hereunder, shall not waive such rights and such Party shall have the right toenforce all such rights otany time. d. This Agreement shall be governed by and construed inaccordance with the laws ofthe State ofIllinois, and any court proceedings between the Parties hereto shall bebrought inthe Circuit Court ofCook County, Illinois. e. Failure of Performance. If a Party materially fails to perform its obligations under this Agreement, oedetermined bvthe Circuit Court ofCook County, U|inmie, then any other Party may obtain a court order compelling performance of the defaulting party. 466a5_1 10 29 (mz19um8) Revised 0812712021 Term of the Agreement. This Agreement shall have aninitial term of twenty (20) years, with two (2) automatic ten-year (11 0 -year) renewal terms, unless notice of termination byany municipality is received by the other municipalities no fewer than sixty (60) days prior to expiration. This Agreement shall automatically hnnninaba upon annexation of all properties in the SSA(s) into e municipality. g. Indemnification. Tothe fullest extent permitted bvlaw, the Parties agree boindemnify, defend and hold harmless one another and their respective directors, adminiatnatore. Pfficere, agenta, emp|oyeen, suoresaona, assigns and all other persons, firms and corporations acting ontheir behalf orwith their authority, from and against any and all injuries, |iobUiUge. |maees, donnages, costo, payments and expenses ofevery kind and nature /induding,without limitation, court costs and attorneys' haas\ for c|ainns, demands, actiona, auite, pnooaedinQs, judgmentsand settlements arising out ofnrinany way relating to or occurring in connection with the implementation of this Aonagrngnt and the actions each Party will be obligated to take in accord with this Agreement. The Parties shall provide tueach other proof, inthe form ofCertificates ofInsurance, ofinsurance adequate tocover liabilities that may arise as o naeu|t of meeting their obligation under this Amendments to the Agreemen . Any amendments ho this Agreement must bmmade and approved inwriting bvthe Parties. iCounterparts. This Agreement may be simultaneously executed in counterpads, each of which so executed ehmU be deemed to be original, and such counterparts together shall constitute one and the same instrument. k. Approval of the Agreement. The execution of the Agreement is subject to the approval of the corporate authorities of each of the Parties. ~°° 30 Revised 0812712021 IN WITNESS WHEREOF, the Village of Mount Prospect, pursuant to authority granted by the adoption of Resolution by its Board ofTrustees, has caused this Agreement tobe executed byits Mayor and attested byits Clerk; the Village ofElk Grove Vi||age, pursuant to authority granted by the adoption of a Resolution by its Board of Truabaes, has caused this Agreement bo be executed by its Mayor and attested by its Clerk; the City of []oe P|aines, pursuant to authority granted by the adoption of a Resolution by its City Cwunci|, has caused this Agreement to be executed by its Mayor and attested by its Clerk; and the Elk Grove Rural Fire Protection Diotriot, pursuant to authority granted by the adoption of Resolution by its Tnumteeo, has caused this Agreement tobe executed byits President and attested byits Secretary. AN-201ID-111111111 W1 OF,,E GROVE VILLAGE an lllinoi,,,h6' rule municipal corporation �aig EB. Johnson, Mayor CITY OF DEQPLAINES mnIllinois home rulecorporation Andrew Goczhmw ki.Maymr ELK GROVE RURAL FIRE PROTECTION DISTRICT, an Illinois unit of local government A -- President mm19604.8} 466215_/ 12 LM Heather Maldonado, Secretary 31 Exhibit - A SSA MAP AUG 2021 SSA1 SSA2 SSA3 a ChIcago Chicago TOUHY A E L K GROVE VILLA G E ow V///// a ChIcago Chicago Overall Service Area Map & L. A GROVE y!£ L A G E C7:1o7JLl/_1'MALIDO AN ORDINANCE ESTABLISHING THE MOUNT PROSPECT ELK GROVE TOWNSHIP FIRE AND EMERGENCY MEDICAL ASSISTANCE SPECIAL SERVICE AREA IN THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS 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. The question of the establishment of the area hereinafter described as a special service area was considered by the President and Board of Trustees ("Village Board") pursuant to an Ordinance entitled: "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," adopted April 5, 2022, and it was considered pursuant to a hearing held on June 7, 2022 by the Village Board pursuant to a Newspaper Notice duly published in the Daily Herald, a newspaper of general circulation in the Village of Mount Prospect ("Village"), at least fifteen (15) days prior to the hearing, and pursuant to Personal Notice by 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 Special Service Area. Said Personal Notice by mail was given by depositing said Personal Notice in the United States mails not less than ten (10) days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the said Personal Notice was sent to the person last listed on the tax rolls prior to that year as the owner of said property. A Certificate of Publication of said Newspaper Notice is attached to this Ordinance as EXHIBIT 1 and made part hereof. Said Newspaper Notice and Personal Notice conformed in all respects to the requirements of Section 27- 25 of the Special Service Area Tax Law (35 ILCS 200/27-25). B. That a public hearing on the question set forth in the Newspaper Notice and Personal Notice was held on June 7, 2022. All interested persons were given 34 an opportunity to be heard on the question of the creation of the Special Service Area, and the levy of an annual tax to pay for the proposed Special Services (as defined in Section 4 below), as set forth in the Newspaper Notice and Personal Notice. The public hearing was opened and adjourned on June 7, 2022, as part of the regular Village Board meeting on said date. C. That after considering the data, as presented at the public hearing, the Village Board finds that it is in the public interest and in the interest of the Mount Prospect Elk Grove Township Fire And Emergency Medical Assistance Special Service Area that said Special Service Area, as hereinafter described, be established. D. Said area is compact and contiguous and exists in the area bounded roughly by Terminal Drive to the north, Higgins Creek to the east, and the south and west by Interstate 90, all in the County of Cook, State of Illinois. E. It is in the best interest of said Special Service Area that the furnishing of the municipal services proposed — the Village of Mount Prospect provision of Fire and Emergency Medical Services — be considered for the common interests of said area. SECTION 3: MOUNT PROSPECT ELK GROVE TOWNSHIP FIRE AND MEDICAL EMERGENCY ASSISTANCE SPECIAL SERVICE AREA ESTABLISHED. A Special Service Area to be known and designated as the "Mount Prospect Elk Grove Township Fire And Emergency Medical Assistance Special Service Area" is hereby established and shall consist of the following -described territory: LEGAL DESCRIPTION: MOUNT PROSPECT ELK GROVE TOWNSHIP FIRE AND MEDICAL EMERGENCY ASSISTANCE SPECIAL SERVICE AREA 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 35 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); 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. 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 36 Street Location: The area bounded roughly by Terminal Drive to the north, Higgins Creek to the east, and the south and the 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, Illinois ("Subject Property"). An accurate map of the Subject Property is attached hereto as EXHIBIT 2, and made a part hereof. 532281_1 37 SECTION 4: PURPOSE OF THE SPECIAL SERVICE AREA. The Mount Prospect Elk Grove Township Fire and Emergency Medical Assistance Special Service Area is established to fund the Village of Mount Prospect's provision of the Fire and Emergency Medical 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 Mount Prospect Elk Grove Township Fire and Emergency Medical Assistance 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 Emergency Medical Services in the Special Service Area. 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 Mount Prospect Elk Grove Township Fire and Emergency Medical Assistance Service Area. SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as required by law. SECTION 6: FILING AND RECORDING OF ORDINANCE. The Village clerk is hereby directed and ordered to file a certified copy of this Ordinance with the Cook County Clerk, and record a certified copy of this Ordinance with the Cook County Recorder's Officer within sixty (60) days of the effective date hereof. ADOPTED this day of August, 2022, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED by me this day of August, 2022. Paul Wm. Hoefert, Village President ATTEST: Karen Agoranos, Village Clerk 532281_1 38 Exhibit 1 Certificate of Publication of Newspaper Notice (attached) 532281_1 39 Exhibit 2 Map of Mount Prospect Elk Grove Township Fire and Emergency Medical Assistance Special Service Area (attached) 532281_1 40