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R-778 - 05/22/2001 - AGREEMENT - ResolutionsRESOLUTION 2001- TC- AG- EXI -R- 778 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A PUBLIC SAFETY AND ROADWAY IMPROVEMENT AGREEMENT WITH THE CITY OF OAKBROOK TERRACE AND CERTAIN COMMERCIAL OWNERS (Spring Road /Castle Drive at 16th Street) ,WHEREAS, the Village of Oak Brook ( "Village ") and the City of Oakbrook Terrace ( "City ") are municipal corporations operating pursuant to the Illinois Municipal Code; and WHEREAS, the Illinois Municipal Code allows for the joint exercise by the Village and City of authority under the Illinois Municipal Code; and WHEREAS, the Village and the City are authorized by the Illinois Municipal Code to enter into this Agreement in order to promote the safety of vehicular traffic on public highways; and WHEREAS, under the Illinois Intergovernmental Cooperation Act, the Village and City may contract by, between and among each other, corporations, partnerships or individuals, in order to resolve traffic and other public safety and general welfare matters, and WHEREAS, the Commercial Owners (the Oakbrook Terrace Office Tower and the Drury Lane Theater) represent two (2) of the larger commercial and office uses in DuPage County, Illinois, and either own or; lease real estate situated within the corporate limits of the City; and WHEREAS, the Village, the City and the Commercial Owners intend that the attached Public Safety and Roadway Improvement Agreement ( "Agreement") shall serve as the means by which each of them and all of them work jointly in furtherance of their efforts to relieve traffic congestion along the northeast, north, and northwest perimeter of the Oakbrook Center area, specifically located on 16`h Street in the northeastern quadrant of the City; and WHEREAS, the Village, by reason of its annexation of Oakbrook Center upon disconnection of the same by the City in 1964, controls the intersection located at 16`h Street and Spring Road; and WHEREAS, the City has determined that the lack of certain traffic improvements and various traffic control devices at the intersection of 16`h Street and Spring Road has caused a number of traffic safety concerns including, but not limited to, traffic congestion, incidents between vehicular traffic and pedestrian traffic, and the City has a specific concern for the vehicular users of the roadway and the public safety personnel of the City; and WHEREAS, the Village has confirmed that there are no traffic improvements which it presently intends to make absent this Agreement, and there are no traffic control devices which the Village presently intends to install absent this Agreement, and WHEREAS, the City has negotiated with the Commercial Owners in order that the Commercial Owners will share with the City in the cost and expense of the intersection improvements and the traffic control devices which will or may in the future be installed at the intersection, and WHEREAS, representatives of the Village, City and Commercial Owners have negotiated the terms of the attached Agreement, which is intended to maintain for the public safety officials in the Village rt Resolution 2001- TC -AG -EX 1 -R- 7 78 Public Safety and Roadway Improvement Agreement, Spring Road /Castle Drive at 16th Street, Page 2 continued jurisdiction over the intersection for the purpose of regulating the installation, maintenance and repair of the traffic improvements and devices while allowing the City permission to have certain improvements, at the City's and Commercial Owners' expense, installed on Village -owned right -of -way; and , WHEREAS, it is in the best interest of the Village to execute the proposed Agreement in the form attached. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows- Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section : That the President and Board of Trustees do hereby approve a Public Safety And Roadway Improvement Agreement with the City of Oakbrook Terrace and certain commercial owners substantially in the form of Agreement labelled Exhibit A and attached hereto. iSection 3: That the Village President and Village Clerk are authorized and directed to execute said Agreement substantially in the form attached. Section 4: This resolution shall be in full force and effect from and after its passage and approval as provided by law PASSED AND APPROVED this c6y of May, 2001 by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, according to a roll call vote as follows: Ayes: Trustees Butler, Caleel, Craig, Korin, Miologos and Savino Nays: None Absent: None Abstain: None re�_1 = i4`'t � '!'�'� � * +'`F`K`i'�,"►.a'''� of � .:r C_� l 4% C11 1 .r is.1A T i Village 'Clerk Village President