HomeMy WebLinkAboutOrd 5708 09/02/2008
ORDINANCE NO. 5708
AN ORDINANCE AUTHORIZING THE VILLAGE PRESIDENT AND
VILLAGE CLERK TO EXECUTE CERTAIN INTERGOVERNMENTAL
AGREEMENTS PROVIDING FOR FLOOD CONTROL AS PART OF THE US
ARMY CORPS OF ENGINEERS' UPPER DES PLAINES RIVER FLOOD
DAMAGE REDUCTION PROJECT, INCLUDING AN AGREEMENT BETWEEN
THE VILLAGE OF MOUNT PROSPECT AND THE STATE OF
ILLINOIS/DEPARTMENT OF NATURAL RESOURCES, THE STATE OF
ILLINOIS/DEPARTMENT OF TRANSPORTATION AND THE CITY OF
PROSPECT HEIGHTS, ILLINOIS
Passed and approved by
the President and Board of Trustees
the 2nd day of September, 2008
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 3rd day of September, 2008
ORDINANCE NO. 5708
AN ORDINANCE AUTHORIZING THE VILLAGE PRESIDENT AND
VILLAGE CLERK TO EXECUTE CERTAIN INTERGOVERNMENTAL
AGREEMENTS PROVIDING FOR FLOOD CONTROL AS PART OF THE US
ARMY CORPS OF ENGINEERS' UPPER DES PLAINES RIVER FLOOD
DAMAGE REDUCTION PROJECT, INCLUDING AN AGREEMENT BETWEEN
THE VILLAGE OF MOUNT PROSPECT AND THE STATE OF
ILLINOIS/DEP ARTMENT OF NATURAL RESOURCES, THE STATE OF
ILLINOIS/DEP ARTMENT OF TRANSPORT A TION AND THE CITY OF
PROSPECT HEIGHTS, ILLINOIS
WHEREAS, the Village of Mount Prospect, Cook County, Illinois (the
"Village") is a home rule unit of local government pursuant to Article 7, Section 6 of the
1970 Illinois Constitution; and
WHEREAS, the Village, in order to protect the public health and welfare of its
citizens and residents, has deemed it necessary to alleviate flooding in the Village; and
WHEREAS, the US Army Corps of Engineers and the State of
Illinois/Department of Natural Resources have heretofore entered into a certain Project
Cooperation Agreement for flood control projects for the Upper Des Plaines River, which
said Agreement includes the Levee 37 Project Element thereof; and
WHEREAS, the Village is authorized pursuant to the Intergovernmental
Cooperation provisions of Article VII, Section 10 of the 1970 Illinois Constitution and
the Intergovernmental Corporation Act, 5 ILCS 220/1 et seq., including Section 3.8
thereof (5 ILCS 220/3.8), to enter into intergovernmental agreements for flood water
management; and
WHEREAS, the Village has determined it is necessary and desirable to provide
for the alleviation of flooding in the Village from the Upper Des Plaines River; and
WHEREAS, the Village has determined that it is in the best interests of its
citizens and residents to enter into appropriate intergovernmental agreements in order to
authorize and fulfill the duties and responsibilities of the Village with respect to the
Levee 37 Project Element, as hereinafter set forth; and
WHEREAS, the State of Illinois/Department of Natural Resources, the State of
Illinois/Department of Transportation, the Forest Preserve District of Cook County, and
the City of Prospect Heights, Illinois are, and each of them is, legally authorized and
willing to sign and deliver to the Village the respective intergovernmental agreements
listed below in Section 1, and said intergovernmental agreements will serve a public
purpose.
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WHEREAS, the President and Board of Trustees of the Village of Mount
Prospect have determined that it is advisable, necessary and in the interest of the public
health, safety and welfare, to enter into the said intergovernmental agreements under the
terms and conditions hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY,
ST ATE OF ILLINOIS, IN THE EXERCISE OF ITS HOME RULE POWERS,
as follows:
SECTION 1: That under the authority vested in the corporate authorities of the
Village of Mount Prospect, through the Constitution and statutes of the State of Illinois,
the President and Board of Trustees of the Village of Mount Prospect find that it is in the
best interests of the Village to enter the intergovernmental agreements listed herein, for
the alleviation of flooding in the Village from the Upper Des Plaines River, namely, (A)
an intergovernmental agreement with the State of Illinois/Department of Natural
Resources, the State of Illinois/Department of Transportation and the City of Prospect
Heights, which said intergovernmental agreement is tentatively titled "Intergovernmental
Agreement between the State of Illinois/Department of Natural Resources and the State
of Illinois/Department of Transportation and the City of Prospect Heights and the Village
of Mount Prospect for the Upper Des Plaines River Flood Damage Reduction Project
Element, Levee 37," a preliminary draft thereof being attached hereto as EXHIBIT # 1
and incorporated by reference herein; (B) an intergovernmental agreement with the
Forest Preserve District of Cook County, which said intergovernmental agreement is
tentatively titled "Intergovernmental Cooperation Agreement for the Acquisition of
Interest in Real Property for the Construction of Levee 3 7," a preliminary draft thereof
being attached hereto as EXHIBIT #2 and incorporated by reference herein; and (C) an
intergovernmental agreement with the City of Prospect Heights, which said
intergovernmental agreement is tentatively titled "First Amendment to Intergovernmental
Agreement between the Village of Mount Prospect and the City of Prospect Heights, as
the Local Sponsors of Levee 37," a preliminary draft thereof being attached hereto as
EXHIBIT #3 and incorporated by reference herein.
SECTION 2: That the Attorneys of the Village are instructed and directed to
negotiate with the State of Illinois/Department of Natural Resources, the State of
Illinois/Department of Transportation, the Forest Preserve District of Cook County, and
the City of Prospect Heights, Illinois, in order to finalize the intergovernmental
agreements listed in Section 1 above, on substantially the same terms and conditions as
set forth in EXHIBIT #1, EXHIBIT #2 and EXHIBIT #3, or on similar terms and
conditions that will protect the public health and welfare of the citizens and residents of
the Village and are in the best interests of the Village and its citizens and residents. The
Attorneys of the Village shall deliver the tentatively finalized intergovernmental
agreements to the Village Manager of the Village for his review, and if the Village
Manager determines that they are in conformity with the provisions of this Section and
Section 1 above, he shall thereafter present them to the President and Village Clerk for
signature.
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SECTION 3: That the President and the Village Clerk are hereby authorized to
execute the said intergovernmental agreements referred to in Section 1 above, after the
Attorneys for the Village and the Village Manager have complied with Section 2 above.
SECTION 4: That this Ordinance shall be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
AYES:
Hoefert, Juracek, Korn, Polit, Zadel
NAYS:
None
ABSENT:
Corcoran
PASSED and APPROVED this 2nd day of September, 2008.
*fI~1: ~~
...-rrvana K. Wilks
Mayor
ATTEST:
.J?~q~ym
M. Lisa Angell
Village Clerk
H\CLKO\WIN\ORDINANC\Ordinance - Levee 37sept2008.DOC
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