G-475 - 10/22/1991 - TRAFFIC - Ordinances -rmAr-Fi L+AGREErvMN7'
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ORDINANCE G- 475
AN ORDINANCE APPROVING AN AGREEMENT WITH
THE MIDWEST CLUB HOMEOWNERS ASSOCIATION
TO ENFORCE CERTAIN TRAFFIC REGULATIONS ON PRIVATE STREETS
WHEREAS, Section 11-209.1 of the Illinois Motor Vehicle Code (Chapter
95J of the Illinois Revised Statutes) provides that a homeowners association
may file a written request with a municipality for enforcement of traffic
regulations on private streets open to the members of the association and
their invitees; and
WHEREAS, the Midwest Club Homeowners Association has filed a written
request with the Village asking that stop sign and speed regulations be
enforced in the Midwest Club Subdivision; and
WHEREAS, Section 11-209.1 further provides that a municipality may grant
a homeowners association's request by the adoption of an enabling ordinance,
and by so doing, all such private streets or roads shall be considered
"highways" only for the enforcement purposes of the Illinois Motor Vehicle
Code; and
WHEREAS, Section 10 of Article VII of the Illinois Constitution provides
that a municipality may contract with an association for the provision of
services; and
WHEREAS, it is in the best interest of the Village of Oak Brook that
certain traffic regulations be enforced on the private roads in the Midwest
Club Subdivision pursuant to the terms and conditions of the attached
Agreement;
NOW, THEREFORE, BE IT ORDAINED 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 attached Agreement for Enforcement of Certain
Traffic Regulations for Motor Vehicles in Midwest Club Subdivision in the
Village of Oak Brook is hereby approved.
Section 2: That the Village President and Village Clerk are hereby
authorized and directed to execute said Agreement;
Section 3: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
Section 4: That all ordinances or parts thereof in conflict with the
provisions of this ordinance be and the same are hereby repealed to the extent
of such conflict.
PASSED THIS 22nd day of October 1991.
�. � —7,5 `r
Ordinance G-475
Approving an Agreement with The
Midwest Club Homeowners Ass'n. to
Enforce Certain Traffic Regulations
on Private Streets
Page 2
Ayes: Trustees Krafthefer, Payovich, Shumate and Skinner
Nays: None
Absent: Trustees Bartecki and Winters
Abstain: None
APPROVED THIS 22nd day of October , 1991.
` C/ /
Vil age President
ATTEST:
Village Clerk
Approved as to Form:
f
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Village Attorney
Published 10-24-91 Pamphlet form
Date Paper
Not Published
mdwstclb.ord
.-- 4750
AGREEMENT FOR ENFORCEMENT OF CERTAIN TRAFFIC
REGULATIONS FOR MOTOR VEHICLES IN THE
MIDWEST CLUB SUBDIVISION IN THE
VILLAGE OF OAK BROOK
THIS AGREEMENT, made and entered into this 99nd day of
October, 1991, by and between the Village of Oak Brook, a municipal
corporation of the State of Illinois (hereinafter called the
"VILLAGE" ) and the Midwest Club Homeowners Association, an Illinois
not-for-profit corporation (hereinafter called "OWNER") .
W I T N E S S E T H
WHEREAS, the Midwest Club Homeowners Association is the owner
of certain private roadways located within the limits of the
VILLAGE and which are known as:
Midwest Club Parkway, Midwest Club Court 1, 2, 3, 4, 5,
6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20
and which are depicted on the attached map; and
WHEREAS, the Midwest Club Homeowners Association has requested
that the VILLAGE enforce stop sign and speed restrictions on said
private roadways pursuant to the provisions of Chapter 951 , Section
11-209 . 1, Illinois Revised Statutes; and
WHEREAS, the corporate authorities of the Village of Oak Brook
and the Board of Trustees of the Midwest Club Homeowners
Association have authorized the ratification of the terms,
provisions and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the parties hereto agree as follows :
1. The VILLAGE hereby agrees to establish and enforce the
following regulations within the Midwest Club Subdivision:
a. The maximum speed limit for any vehicle shall be
twenty-five (25) miles per hour;
b. Stop signs shall be posted at the intersection of the
exit drive of the Midwest Club Subdivision and Oak Brook
Road and at the intersection of the entrance drive of the
Midwest Club Subdivision and Midwest Club Parkway Drive,
as depicted on the attached map. Drivers entering or
exiting the Midwest Club Subdivision shall stop their
vehicles at the aforementioned locations and shall yield
the right-of-way to any pedestrians and also yield the
right-of-way to any vehicular traffic on Oak Brook Road
or Midwest Club Parkway Drive.
2 . The OWNER does hereby agree to erect signs relating to the
aforesaid regulations at appropriate places within the Midwest Club
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$2,000,000 and shall be in such form as shall be approved by the
Village Attorney. Upon the execution of this Agreement, the
parties hereto do hereby certify that each has passed a proper
ordinance or resolution authorizing the execution and ratifying the
terms, provisions and conditions of this Agreement.
9 . In the event that the OWNER requests stop sign and/or
speeding enforcement services which exceed the routine services
normally provided by the VILLAGE for such matters, OWNER shall pay
the VILLAGE at the Special Duty Rate then in effect, with a minimum
charge of two (2) hours. The VILLAGE shall submit a bill to the
OWNER at the beginning of each month for services rendered in the
prior month. It is understood between the parties that such
compensation is for the extra police services to be performed under
this Agreement and not as a payment for normal police protection.
The VILLAGE shall, in the exercise of its sole discretion,
determine when the press of regular police business shall preclude
the furnishing of extra police services under this Agreement.
10. The sole remedy available to the OWNER, upon any breach
of this Agreement by the VILLAGE, shall be the cancellation of the
Agreement under its terms. It is of the essence of this Agreement
that the VILLAGE shall not be liable in money damages for any
breach of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement
by their duly authorized officers the day and year first above
written.
VILLAGE OF OAK BROOK, a municipal
corporation of the State of Illinois
By: )h, z0L,4(
ATTEST: illage Presiden
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Village Clerk
MIDWEST CLUB HOMEOWNERS ASSOCIATION,
an Illinois not-for-profit corporation
By:
ATTE Pres '` ent
Secje ary
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Oak Brook, Illinois 60521 �• ! �_ -*+" / ,m '+�' `� _ $
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The grounds are completely fenced. The wide entry area with a Gatehouse and 24
hour Gatekeeper is located on 31st Street=(knoi+rri iri the village of Oak Brook as ''-
Oak Brook Road).The entry road leads to a beautiful loop Parkway with water
and green area 170 feet, and more, across. Each of the 20 circular Court Roads
that radiate from the Parkway ends in its own cul-de-sac.This design effectively
minimizes the intrusion of automobiles. The only cars that ever pass are those of
immediate neighbors and permitted guests. The driveway from each home leads to AMERICANMWTH-MIDWEST.INC.
the private Court Road which connects to the Parkway system. Columns delineate AND AMOCO REA:TV COMPANY
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V1 LLAG E OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521-2255
October 24, 1991 708 990-3000
Mr. Robert Laslie
Municipal Code Corporation
1700 Capital Circle S.W.
P.O. Box 2235
Tallahassee, Florida 32304
Dear Mr. Laslie:
The Village Board at its meeting of Tuesday, October 22, 1991, passed
and approved the following Ordinances:
ORDINANCE NO. G-474 AN ORDINANCE AMENDING ORDINANCE G-470 "AN
ORDINANCE ESTABLISHING A UTILITY TAX WITHIN THE VILLAGE OF OAK
BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS"
�RDINANCE NO. G-475 AN ORDINANCE APPROVING AN AGREEMENT WITH THE
MIDWEST CLUB HOMEOWNERS ASSOCIATION TO ENFORCE CERTAIN TRAFFIC
REGULATIONS ON PRIVATE STREETS
The above Ordinances are being forwarded to you for inclusion in the
next supplement of the Code Of Ordinances of the Village of Oak Brook.
I would appreciate your acknowledging receipt of these Ordinances.
Since ly,
Richard A. Martens
Village Attorney
RAM/jr:mcode
Enclosures
cc: Official Files