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HomeMy WebLinkAboutRes 11-90 02/06/1990 /CAF RESOLUTION NO. 11-90 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE NORTHWEST CENTRAL DISPATCH SYSTEM TO PROVIDE FOR MEMBERSHIP BY THE CITY OF PROSPECT HEIGHTS WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect previously authorized entry into an Agreement to provide and maintain a Central Emergency Dispatch operation known as Northwest Central Dispatch System, hereinafter referred to as "NWCDS"; and WHEREAS, NWCDS has proven successful in providing emergency communication services to the Mount Prospect Police and Fire Departments; and WHEREAS, the City of Prospect Heights .has made application for membership in NWCDS; and WHEREAS, the NWCDS Board of Directors has unanimously recommended approval of the City of Prospect Heights membership request; and WHEREAS, it is believed that the inclusion of an additional community in the system will prove beneficial to both NWCDS and the Village of Mount Prospect; and WHEREAS, the addition of a new member to NWCDS requires approval by the member communities by passage of an amended Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That, pursuant to Article VII, Section 10, of the 1970 Constitution of the State of Illinois and the Intergovernmental Cooperation Act, Chapter 127, Paragraphs 741 through 749 of the Illinois Revised Statutes, that the Mayor is hereby authorized and directed to sign and Clerk to attest his signature on the Amended Agreement for Northwest Central Dispatch System to provide for the addition of the City of Prospect Heights as a member to the Northwest Central Dispatch System, a copy of which Amended Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenber§ NAYS: None ABSENT: None PASSED and APPROVED this 6th day of FebruarV , 1990. Caro~ A. Fields Village Clerk NORTHWEST CENTRAL DISPATCH SYSTEM VENTURE AGREEMENT THIS AGREEMENT, entered into on the effective date hereinafter set forth, by and between the local governments signatory hereto (and also those which may hereafter become signatory hereto): WITNE S SETH: WHEREAS, a Central Dispatching System has existed in Northwestern Cook County and in parts of Lake and DuPage Counties since 1972; and WHEREAS, such System has been demonstrated to be of great value to its constituent municipalities, the signatories hereto; and WHEREAS, the addition of another municipality to the System will provide for more efficient and economical dispatching of life and property saving services; and WHEREAS, the cost of providing and maintaining a central dispatching system is probably excessive for any one of such signatories; and - 2 - WHEREAS, a centralized police, fire and other emergency dispatching system can adequately serve the needs of all of such signatories; and WHEREAS, Article VII, Section 10 of the 1970 Constitution of the State of Illinois and the Intergovernmental Cooperation Act, Chapter 127, Paragraphs 741 through 749 of the Illinois Revised Statutes, authorize joint exercise by two or more local governments of any power common to them; and WHEREAS, it is the desire of the signatories hereto to jointly provide for and maintain a central dispatching system for their mutual advantage and concern. NOW, THEREFORE, for and in consideration of the premises, the mutual advantages to be derived therefrom and in consideration of the mutual covenants herein~contained, it is agreed by and between the parties hereto as follows: 1. Venture Established. Pursuant to the joint powers authorization of the Illinois Constitution and the Intergovernmental Cooperation Act, Chapter 127, Paragraphs 741 through 749 of the Illinois Revised Statutes, the undersigned do hereby federate together in a cooperative venture for the joint and mutual operation of a centralized communications system, to be known as "Northwest Central Dispatch System" (hereinafter designated as NWCDS) which shall consist of all of the local governments which may hereafter become signatory hereto. 2. By-Laws. NWCDS shall be subject to and shall be governed by certain By-Laws, a copy of which is attached hereto as Exhibit "A" and by this reference made a part of this Agreement, together with any amendments which may be made to said By-Laws in the manner and means therein set forth. 3. NWCDS ParticiDation. Each participating local government of the Central Dispatching System (and each local government which may hereafter sign after approval as required by the By-Laws, provided such local governments are eligible to participate pursuant to said By-Laws) is a member of NWCDS and is entitled to the rights and privileges and subject to the obligations of membership, all as provided in said By-Laws. 4. Termination. Any party to this agreement may cease to be a party hereto and may withdraw from participation in NWCDS in the manner and means set forth in said By-Laws. 5. Powers.of the System. NWCDS shall have the power in its own name to make and enter into contracts, to employ agents and employees, to acquire, hold and dispose of property, real and personal, and to incur debts, liabilities or obligations necessary for the accomplishment of its purposes, but no such contract, employment, purchase, debt, liability or obligation shall be binding upon or obligate any member except as authorized by the attached By-Laws. NWCDS shall not have the power of eminent domain or the power to levy taxes. 6. Amendments. This Agreement may not be amended, except by written agreement and resolution of all the then parties to it. However, the By-Laws attached hereto as Exhibit "A" may be amended from time to time by the method and means provided herein, provided such amendments do not conflict with the terms set forth in this Agreement exclusive of said Exhibit "A". 7. Duration. This Agreement and NWCDS shall continue in effect until rescinded by unanimous consent of the then parties or until terminated in the manner provided in said By-Laws. Upon such termination, the assets remaining shall be disposed of in the manner set forth in said By-Laws. - 5 - 8. Enforcement. Each member shall have the right to enforce this Agreement against any other member. If suit is necessary therefor, a defaulting member shall pay reasonable attorney's fees to NWCDS as adjudicated by the Court. 9. Authorization. Prior to execution of this Agreement, each member shall deliver to the other a certified copy of a suitable ordinance or resolution authorizing and directing the execution of this Agreement. 10. Effective Date. This Agreement shall become effective when signed by all of the respective representatives of the Village of Arlington Heights, Village of Elk Grove Village, Village of Mount Prospect, Village of Buffalo Grove, and City of Prospect Heights. IN WITNESS W~EREOP, the undersigned local governments have set their signatures on the respective dates set forth below. This document may be signed in duplicate originals. VILLAGE OF ARLINGTON HEIGHTS ATTEST: Date: - 6 - VILL~ OF~ELK G~Q,~E VILLAGE ATTEST~~~: VI~LAGE~F BUFFALO GRQV~ ATTEST: ~e: ~/~Z//~ CITY ~SPE~/TS By: ATTEST: