HomeMy WebLinkAboutRes 46-08 09/02/2008
RESOLUTION NO. 46-08
A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE SOLID
WASTE AGENCY OF NORTHERN COOK COUNTY
WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, and the
Illinois Complied Statutes at 5 ILCS 220/1 et seq. authorize inter-governemental
cooperation and agreement between municipal corporations; and
WHEREAS, substantial portions of the Village of Mount Prospect (Village) are located
along the Des Plaines River and within the Upper Des Plaines River watershed; and
WHEREAS, property in the Village is threatened by flood waters from the Des Plaines
River; and
WHEREAS, the United States Army Corps of Engineers ("COE") and the Illinois
Department of Natural Resources ("INDR") have proposed the construction of a certain
public works project commonly known as the Levee 37 Project ("Levee 37") to prevent
flooding from the Des Plaines River in the Village; and
WHEREAS, COE and IDNR, as part of the Levee 37 Project, require the Village
(together with the City of Prospect Heights, Illinois) to be the local sponsors of Levee 37
which requires the Village and the City of Prospect Heights to obtain certain permanent
and temporary easements necessary for construction and operation of Levee 37 and to
maintain Levee 37 once it is constructed; and
WHEREAS, the Village has determined that construction of Levee 37 is in the best
interest of the public health, safety and welfare and that the Village shall be one of the
local sponsors in order that Levee 37 shall be constructed, operated and maintained; and
WHEREAS, in order to construct the Levee 37 Project the Village (together with the
City of Prospect Heights, as the local sponsors) must acquire certain easements from the
Cook County Forest Preserve District, and in order to obtain such easements the Village
(together with the City of Prospect Heights), as one of the local sponsors must, inter alia,
convey certain real property to the Cook County Forest Preserve District; and
WHEREAS, in order to obtain the said real property for re-conveyance to the Cook
County Forest Preserve District, the Village, using its home rule authority and for the
benefit of both of the aforementioned local sponsors, must purchase and take title to
certain real property from the Solid Waste Agency of Northern Cook County
("SW ANCC"), an Illinois municipal corporation;
WHEREAS, the acquisition and conveyance of the said real property is necessary and in
the best interest of the citizens and residents of the Village.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE MOUNT PROSPECT, COOK COUNTY,
ILLINOIS, as follows:
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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 an intergovernmental agreement with SW ANCC for
acquisition of real estate, for the purpose of alleviation of flooding in the Village from the
Upper Des Plaines River. The said intergovernmental agreement between the Village
and SW ANCC is tentatively titled "Agreement for Purchase and Sale of Real Estate," and
a preliminary draft thereof is attached hereto as EXHIBIT # I and is incorporated by
reference herein.
SECTION 2: That the Attorneys of the Village are instructed and directed to
negotiate with SW ANCC, in order to finalize the said intergovernmental agreement listed
in Section I above, on substantially the same terms and conditions as set forth in
EXHIBIT # I, 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 agreement to the Village Manager of the Village
for his review, and if the Village Manager determines that such intergovernmental
agreement is in conformity with the provisions of this Section and Section I above, he
shall thereafter present such intergovernmental agreement to the President and Village
Clerk for signature
SECTION 3: That the President and the Village Clerk are hereby authorized to
execute the said intergovernmental agreement referred to in Section I above, after the
Attorneys for the Village and the Village Manager have complied with Section 2 above.
SECTION 4: That this Resolution shall be in full force and effect from and after
its passage and approval in the manner provided by law.
SECTION 5: That all motions and resolutions or parts thereof in conflict with
the provisions of this Resolution are, to the extent of such conflict, hereby repealed.
AYES:
Hoefert, Juracek, Korn, Polit, Zadel
NAYS:
None
ABSENT:
Corcoran
PASSED and APPROVED this 2nd day of September, 2008.
~t~~
Irvana K. Wilks
Mayor
ATTEST:
p7~r~y1!fJ
M. Li a Angell I
Village Clerk
H\CLKO\WIN\RESOLUTION\Resolution - Levee 37sept2008.DOC
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