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HomeMy WebLinkAbout5. New Business 01/18/2011Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS' FROM: DEPUTY DIRECTOR OF PUBLIC WORKS DATE: JANUARY 10, 2011 SUBJ: RESOLUTION IN LIEU OF BOND FOR WORK IN IDOT ROWs For many years, the Illinois Department of Transportation has required municipaliMIE,1wluding the Village of Mount Prospect, to pass resolutions in lieu of surety bonds in order 7el emergency repairs, preventive maintenance, or other construction activities within Illinois rights -of -way. Typically these resolutions are effective for a term of 2 years. resolution for this purpose was passed on April 8, 2009 and was effective until January 1, 2011. Attached please find an appropriate replacement resolution. I would greatly appreciate it if could be presented for the Village Board's consideration at their January 18 Regular Meeting. Sean P. Dorsey I concur. VZL Glen R. An ler Director of Public Works RESOLUTION NO. A RESOLUTION IN LIEU OF A SURETY BOND IN ORDER TO PERFORM SPECIFIC CONSTRUCTION WORK WITHIN STATE OF ILLINOIS RIGHTS -OF -WAY LOCATED IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect, County of Cook, State of Illinois, desires to undertake in the years of 2011 and 2012 the location, construction, operation and maintenance of driveways and street returns, watermains, sanitary and storms sewers, street lights, traffic signals, sidewalk, landscaping etc., on State highways (rights -of -way) within the corporate limits of the Village of Mount Prospect, which by law and /or agreement come under the jurisdiction and control the Department of Transportation of the State of Illinois; and WHEREAS, an individual working permit must be obtained from the Department Transportation of the State of Illinois prior to any of the aforesaid installations being constructed either by the Village of Mount Prospect or by a private person of firm under contract and supervision of the Village of Mount Prospect. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Village of Mount Prospect hereby pledges its good faith and guarantees that all work shall be performed in accordance with conditions of the permit to be granted by the Department of Transportation of the State of Illinois, and to hold the State of Illinois harmless on account of any damages that may occur to persons or property during the prosecution of such work, and assume all liability for damages to persons or property due to accidents or otherwise by reason of the work which is to be performed under the provision of said permit. SECTION TWO: That authorized officials of the Village of Mount Prospect are hereby instructed and authorized to sign said working permit on behalf of the Village of Mount Prospect. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES NAYS: ABSENT: PASSED and APPROVED this day of January, 2011. Steven S. Polit Mayor Pro Tern ATTEST: M. Lisa Angell Village Clerk Ij Mount Prospect Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: ASSISTANT VILLAGE MANAGER DATE: JANUARY 11, 2011 SUBJECT: PROPOSED WITHDRAW OF MEMBERSHIP IN MODEL FRANCHISE AGREEMENT CONSORTIUM Z) In May 2008, the Village entered into an Intergovernmental Agreement to participate in a consortium including municipal representatives from the surrounding Council of Governments (COGs) in an effort to produce a model franchise agreement that the Village could use when its franchise agreement with NICOR expires in 2018. The assumption was that even though the Village's franchise agreement did not expire for several years having a model ready for that negotiation would reduce the negotiation costs when the time came. Furthermore, it made sense to be involved with the process leading to the model agreement before the negotiation process was upon the Village so our individual concerns could be addressed as part of the model development. Since the task force was formed a number of "negotiation sessions" have occurred with NICOR with the assistance of a legal firm specializing in utility franchise agreements. NICOR has refused in these "negotiation sessions" to discuss a renewal of the franchise agreements, but have continued to honor the expired agreements that are applicable in many other municipalities. NICOR has taken a position that having a model franchise agreement that each community could use to make the renewal process shorter and less expensive for both parities is not viable from a company standpoint for some unknown reason. Although NICOR has not articulated why they have taken such a position regardless of the possible impact of the recent sale announcement, negotiations remain deadlocked with no end in sight. NICOR has taken a position that if they control the process and delay any real discussions communities will give up and not want to continue the fight. Unfortunately NICOR is able to exploit this tactic in this economic environment since the ICC has no power to force NICOR to bargain in good faith. The consortium is in the process of assessing participants (municipalities) to continue the fight to fund additional attorney fees and a possible legislative effort to alter the relationship of franchise negotiations through the ICC. The Village has contributed $500 for the initial start-up fee in 2008 and an additional $2800 in 2010. The consortium is Re: PROPOSED WITHDRAW OF MEMBERSHIP IN MODEL NATAURAL GAS FRANCHISE AGREEMENT TASK FORCE January 11, 2011 Page 2 now requesting a pro -rata share from the 59 participating communities including Mount Prospect for an additional amount of $6079. Continuation in the consortium does have long term value leading to possible franchise negotiations 7 years from now. However, the fact that there is no end in sight and other assessments are likely to continue the fight whether through actual negotiations or legislative changes staff wanted to bring this to the attention of the Village Board prior to paying the latest assessment. If the Village were to terminate its participation in the consortium there is a question whether the Village would have a right to the model agreement once or if it is accepted. However, if the model were actually to be agreed to by another community it would be available for Village review since it would be a public document. Staff would recommend withdrawing from the consortium at this time to avoid paying the 2011 assessment of $6079 and possible future assessments of unknown amounts. An assessment of this amount was not budgeted for in the 2011 budget and would have to be covered through a budget amendment. :;;;;;� DAVID STRAHL H: \VILM \Utilities \NICOR \Consortium Withdraw VB Memo.docx RESOLUTION NO. APPROVING AND AUTHORIZING THE VOLUNTARY WITHDRAWAL OF THE VILLAGE OF MOUNT PROSPECT FROM THE INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM WHEREAS, on January 19, 2010, the Village President and Board of Trustees of the Village of Mount Prospect (the "Village ") passed Ordinance No. 5787, which authorized the Village to enter into "An Intergovernmental Agreement Establishing The Northern Illinois Municipal Natural Gas Franchise Consortium" (the "Agreement ") with other northern Illinois municipalities for the purpose of negotiating and entering into a franchise agreement with the natural gas utility companies doing business in Illinois (the "Utilities ") that was to include all of the standard and necessary terms, provisions and protections, such as energy efficiency provisions that require not only levels of efficiencies on the part of the Utilities, terms and conditions under which the Utilities use the Village's public rights -of -way in the provision of natural gas, and energy audits and other conservation- related services from the Utilities. A copy of the Agreement is incorporated by reference as if fully set forth in this Resolution; and WHEREAS, Section 6 of the Agreement allows any member to voluntarily withdraw from the Northern Illinois Municipal Natural Gas Franchise Consortium (the "Consortium ") upon approval of an ordinance or a resolution and notice to the Consortium; and WHEREAS, the Village President and Board of Trustees of the Village of Mount Prospect find that it is no longer economically feasible or practicable to remain a member of the Consortium now that the Consortium has incurred expenses and fees in excess of the Initial Contribution (as defined in the Agreement) of the members and the negotiations by the Consortium's counsel with the Utilities have not resulted in any progress that demonstrates a real likelihood that a model franchise agreement, acceptable to the Utilities, will be negotiated and entered into by the parties; and WHEREAS, the Village President and Board of Trustees of the Village of Mount Prospect have determined that it is in the best interests of the Village of Mount Prospect to approve this Resolution in order to voluntarily withdraw as a member of the Consortium pursuant to the terms of the Agreement. BE IT RESOLVED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The foregoing is incorporated by reference into this Section 1 and are material and operative provisions of this Resolution. 262786_1 SECTION 2: The Village President and Board of Trustees of the Village of Mount Prospect approve this Resolution in order to voluntarily withdraw as a member of the Northern Illinois Municipal Natural Gas Franchise Consortium pursuant to Section 6 of the Intergovernmental Agreement Establishing The Northern Illinois Municipal Natural Gas Franchise Consortium effective on February 3, 2011 and authorize and direct the Village President and the Village Clerk, or their designees, to execute such documents and instruments that are necessary for the Village of Mount Prospect to withdraw from the Consortium. A certified copy of this Resolution shall be sent by the Village Manager to the Administrator of the Consortium informing the Consortium of the Village's voluntary withdrawal. SECTION 3: This Resolution shall be effective following passage and approval by the Village President and Board of Trustees of the Village of Mount Prospect in the manner required by law. AYES: NAYS: PASSED and APPROVED this of January, 2011. Steven S. Polit Mayor Pro Tern ATTEST: M. Lisa Angell Village Clerk 262786_1 STATE OF ILLINOIS ) ) SS COUNTY OF C O O K ) CLERK'S CERTIFICATE I, M. Lisa Angell, the duly elected and qualified Village Clerk of the Village of Mount Prospect, Cook County, Illinois, do hereby certify that attached hereto is a true and correct copy of the Resolution now on file in my office, entitled: RESOLUTION NO. -11 APPROVING AND AUTHORIZING THE VOLUNTARY WITHDRAWAL OF THE VILLAGE OF MOUNT PROSPECT FROM THE INTER- GOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM which was passed by the Board of Trustees of the Village of Mount Prospect at a regular meeting held on the day of , 2011, at which meeting a quorum was present, and approved by the Village President of the Village of Mount Prospect on the day of , 2011. I further certify that the vote on the question of the passage of the said Resolution by the Board of Trustees of the Village of Mount Prospect was taken by the Ayes and Nays and recorded in the Journal of Proceedings of the Board of Trustees of the Village of Mount Prospect, and that the result of said vote was as follows, to -wit: AYES: NAYS: ABSENT: I do further certify that the original Resolution, of which the attached is a true copy, is entrusted to my care for safekeeping, and that I am the lawful keeper of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Mount Prospect, this day of 1 2011. M. Lisa Angell Village Clerk 262786_1