HomeMy WebLinkAboutRes 47-88 11/07/1988
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RESOLUTION NO.
47-88
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN
THE ELK GROVE TOWNSHIP RURAL FIRE PROTECTION DISTRICT AND
THE VILLAGE OF MOUNT PROSPECT
WHEREAS, the village of Mount Prospect and the Elk Grove Township
Rural Fire Protection District are desirous of entering into an
Intergovernmental Agreement; and
WHEREAS, the Intergovernmental Agreement being the subject of
this Resolution provides for the Village of Mount Prospect to
provide for the fire protection, fire prevention and emergency
medical services for that area known as the Elk Grove Township
Rural Fire Protection District.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The Board of Trustees of the Village of Mount
Prospect do hereby authorize the Mayor to sign and the Clerk to
attest her signature on the Intergovernmental Agreement between
the Elk Grove Township Rural Fire Protection District and the
Village of Mount Prospect, a copy of which 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:
FARLEY, FIDROS, MURAUSKIS, VAN GEEM, WATI'ENBERG
NAYS:
NONE
ABSENT:
ARI'HUR
PASSED and APPROVED this 7th day of
November
, 1988.
C~f )/ K~
Caroly: H. Krause
Mayor
ATTEST:
-1L~~/dA
Village Clerk
~
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INTERGOVERNMENTAL FIRE SERVICE
AGREEMENT BETWEEN THE ELK GROVE TOWNSHIP
RURAL FIRE PROTECTION DISTRICT AND
THE VILLAG~ OF MOUNT PROSPECT
This
Agreement
is
made
and
entered
into this
7th day of
November,
1988 by and between the Elk Grove Township Rural Fire
Protection District, acting.by and through its Board of Trustees,
("District"),
and the Village of
)1ount Pros.pect, acting by and
through its Board ot Trustees, ("Mount Prospect"),
RECITALS
WHEREAS,
the District has,
and is currently providing fire
protection services to a series of unincorporated areas situated
in Cook County, Illinois and designated ~n the map attached hereto
as Exhibit A and made a part of this Agreement by reference; and
WHEREAS,
these
unincorporated
areas
'#hich
comprise
the
territory of the District are located adjacent to or within the
Village of Mount ?ropsèct and other municipalities; and
WHEREAS,
Mount Prospect maintains a full time regular fire
department
to
render
fire
protection
services
and
emergencý
medical services to its citizens and residents; and
WHEREAS,
from the time that the District was established to
the present time,
various portions of
the District 's
territory
have been annexed to Mount Prospect or other municipalities, which
annexations
have
and
currently
are
the
subject
of
objection
proceedings
filed by the District in the Circuit Court of Cook
County against the various municipalities involved therein; and
NOV 04 '8803:41 WHAD
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WHEREAS,
the
District
and
Mount
Prospect
are
municipal
corporations organized under the laws of the State of Illinois and
as
such,
they
have
the
power
under
State
law to
enter
into
agreements providiO9 for fire protection, fire prevention services
and emergency medical services¡ and
WHEREAS,
it is in the best interests of the District and
Mount
Propsect
that
the
District
dismiss
all
of
its
suits
challenging the annexations of property within its territory and
refrain from filing any new. sui ts challenging future annexations
of property \.lithin its territory and it is further in the best
interests of the District and Mount Prospect that ~Iount Prospect,
pursuant to the terms and condi tions of, this Agreement, provide
,fire protection,
fire prevention services and emergency medical
services for the District.
NOl-l, THEREFORE, IN CONSIDERATION OF THE ~JUTUAL COVENANTS AND
AGREEMENTS SET FORTH HEREIN, THE DISTRICT AND MOUNT PROSPECT AGREE
AS FOLLOWS:
1 .
All of the Recitals set forth above are true and correct
and are restated as if set forth herein in their entirety.
2.
Within 60 days of the execution of this Agreement, the
District shall voluntarily dismiss all lawsuits currently pending
in any Court challenging in any way any annexation of property
anywhere in the District to any municipality.
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P.5
3.
During the term of this Agreement and any extension as
hereinafter provided, the District shall not file any lawsuit or
take any action to challenge or prevent the annexation of any
property anywhere in the District to any municipality.
4.
From May 1, 1990 through April 30, 2000, Mount Prospect
shall provide and furnish to the District all fire fighting, fire
protection, fire prevention and emergency medical services by such
volunteer and/or paid on-call or regular firefighters available to
Mount Prospect to satisfy the provisions of paragraphs five (5)
and six (6) of this Agreement.
After April 30,2000, the District
shall have the right to extend the terms of this Agreement for up
to three (3) consecutive terms of ten (~O) years each, by giving
wri tten notice of its intention to extend the term by Certified
Mail to the village Clerk of Mount Prospect no later than twelve
(12) months before the prior term expirès.
After April 30, 2030,
the
District
shall
have the right to extend the term of this
Agreement
for
such
additional
time
periods determined
by
the
District to be in its best interest, by giving written notice of
its intention to extend the term by certified Mail to the Village
Clerk of Mount Prospect no later than twelve (12) months before
the prior term expires.
The parties shall renegotiate the terms
of
this
Agreement
for such
extended
periods.
If the parties
cannot agree upon said terms,
they shall remain the same as the
terms
set forth herein.
Notwi thstanding any term herein,
the
District
may
continue
to
extend
this
Agreement
as
long
as
unincorporated territory remains within the District.
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NOV 04 '88 03:42~
i !
5.
P.6
The fire protection services
to be provided by Mount
of
fire
Prospect to the District shall consist of and include the same use
paramedic
personnel,
equipment
and
ambulance
and
and
apparatus
service
ili
a
fire
other
to
response
emergency
or
fire
si tuation wi thin the District as is customarily provided by the
Prospect
department
of
a
fire or
Mount
in
to
response
emergency si tuation involving its own residents.
NO addi tional
ambulance transportation fee would be required for calls to
residential units of the District or for residents of the
District. The village of Mount Prospect shall use the Mutual Aid
BoX
Alarm
Response
System
("!-IABAS"). system when
Automatic
appropriate;
Central Dispatch .system responses.
Agreements
with
other communit;ies;
the Northwest
6.
and,
Mount Prospect shall also:
In addi tion to the requirements of paragraph 5 above,
(a)
(b)
(c)
7.
Corp. ,
acquire a two thousand five hundred (2,500) gallon
tanker and maintain it or comparable equipment in good
working order at all times during this Agreement;
maintain the MABAS system, Automatic Response Agreements
with other communities and Mutual Aid Agreements 'Ñith
the Village of Elk Grove Village, the City of Des
Plaines and the Village of Arlington Heights, at all
times during this Agreement;
maintain its Mutual Aid Agreement with the District and
otherwise assist employees of American Emergency
Services Corp. or similar personnel, as necessary, to
provide fire protection for the District, from the date
of this Agreement to April 30, 1990.
Upon the representation of American Emergency Services
the
finds
the
District
that
described
provisions
in
(5) and six (6) above will provide the District
paragraphs five
than
with
service
is
better
that
comparable
the
service
or
provided by the District on the date of this Agreement.
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8.
The District acknowledges that it is presently levying a
direct annual tax for fire protection purposes at the maximum tax
rate of .744 per hundred dollars of assessed valuation of all the
territory within the District and the District agrees to continue
to levy a tax for such fire protection services at that rate for
the term of this Agreement.
9.
At any time this Agreement is in force after April 30,
1990,
wi thin thirty
( 30)
days of
receipt of its tax levy I
the
District shall pay to Mount Prospect, its entire tax levy less one
hundred and ten percent
(110%) of that amount determined by the
District s accountants to be necessary for the operation of the
District.
Provision
of
directors
and
officers
liability
insurance,
or its equivalent,
insuring the District's trustees,
shall be deemed necessary for the operation of the District.
The
District's accountants shall make their'determination on a yearly
basis,
by
means
of a certified audit using generally accepted
accounting principles.
The accountant's determination shall be
subject
to
review
by
Mount
Prospect.
The
parties
agree
to
equitably apportion any tax receipts received from January 1, 1990
through April 30, 1990.
10.
At all times during this Agreement, territory shall be
to the terms of this Agreement while it remains in the
subject
District.
11.
All fi~e fighting, fire protectionl fire prevention and
emergency
procedures
conducted
under
the
provisions
of
this
Agreèment
shall
be
in
accordance
with
the
regulations
and
ordinances of the Village of Mount Prospect.
Mount Prospect shall
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NQV 04 '8803:43 WHAD
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/)
have
the
right
to
enter
into
agreements
with
other
persons,
entities or municipal corporations to perform all or a portion of
Mount prospect's obligations under this Agreement.
12.
Mount
Prospect
will
endeavor
to
coordinate
with
officials of the Village of Elk Grove Village,
the Ci ty of Des
Plaines
and
the
Village
of
Arlington
Heights,
to
assure
that
American Emergency Services Corp.
personnel are consulted about
noti fy
the
Distict,
in
writing,
of
Mount Prospect shall
firefighter/paramedic
available positions
in those communi ties.
any
positions
which
become
available
in
Mount
Prospect
or
the
surrounding
municipali ties
and
procedures
for
filling
those
positions.
The District shall endèavor to forward this and all of
the
municipali ties t
employment
information
to
all
current
and
former
American
Emergency
Service
Corp.
employees
who
have
expressed an interest in such positions..
13.
After
May
1 ,
1990,
the
District
will
use
its
best
efforts to sell all real estate to which it holds title, according
to
statutory
requirements,
and
use
the
proceeds
of
said
sale
first,
to pay amounts owed for bonded indebtedness,
and second,
for
such
purposes
as
the
District
finds
to
be
in
its
best
interests.
1 4.
The parties agree that the District shall agree to the
entry of a judgment allowing the discónnection from the District
of
that
portion
of
the
City
of
Des
Plaines
commonly
called
"Waycinden Park" no Sooner than De~ember 31, 1989.
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IN
WITNESS
NHEREOF,
the
parties
hereto have
cal.1sed
this
Agreement
to
be
executed
by
their
respective
offices
by
appropriate action as of the date shown above.
Elk Grove Township Rural
Fire ?rotectioo District, a
municipal corpc ti
By:
r
ATTEST: 9rr ~ ¡2,~~ f
Secretary /
Jr,~-
Village of Mount Prospect, a
municipal corporation
A TTEST :~~~
Vi1).age Clerk
" /","
By: éø~ /1 ~~
Preside of the Board
of Trustees
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\
RIDER TO NOVEMBER 7, 1988
INTERGOVERNMENTAL FIRE SERVICE
AGREEMENT BETWEEN THE ELK GROVE TOW~SHIP
RURAL FIRE PROTECTION DISTRICT AND
THE VILLAGE OF MOUNT PROSPECT
Parties agree that if any property, currently served by the
Elk Grove Township Rural Fire Protection District has been omitted
from
the
attached
map,
said
property
shall
be
included
and
incorporated
into
service under this Agreement
as if included
originally.
VILLAGE OF MOUNT PROSPECT
}Jl~,
By: ~'/-r II j!~
7~J~
Vi lla<;e Clerk
~. ~ ..' ""<-
By:
TOWNSHIP RURAL
ON DISTRICT
secr~tary
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