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G-475 - 10/22/1991 - TRAFFIC - Ordinances -rmAr-Fi L+AGREErvMN7' 4 -7-5 M;o w E sr CL-48 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4: That all ordinances or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of such conflict.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 )J-6- 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 Gr- - 4-757 $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 '2"- /'g�/ �7. Village Clerk MIDWEST CLUB HOMEOWNERS ASSOCIATION, an Illinois not-for-profit corporation By: ATTE Pres '` ent Secje ary - 3 - 477.5 TbC: MIDWC:3T CLUB LG c OF OAK BROOK �`r'uF SSG N at 04K gc.0�`�' + YtJ r♦ at, ��•�•`1 ?�i• ;t. to .s L'ti ✓rr�•_ a sr ! N ' � O :p 7� .n...+ r�.SA, •' IY IN Y A VERY PRIVATE RESIDENTIAL CEUB" •f ,f r ` + va Nt TW ~ �r Y „• Fv a�,u rA. y a ,)wry•\ ,v to is ,� ,A i • 4i b N<' 'v' ,► n• nr ' � :i '�! L7 \� ,re ._ a "r: ,f► } ice w• 100 Midwest Club Parkway #:,� '� • 'd ► ., ,,, 173 Oak Brook, Illinois 60521 �• ! �_ -*+" / ,m '+�' `� _ $ (312)654-1320 , y �� � ` • "'? E " "' �¢ " LOAF at INA • rt 231 ACRES 220 MAGNIFICENT HOMESITES 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 :4•._1:C.. .LI, rn• -� e+• «l.n. ^` .;0��'c' Gr -- +7 S Ntl� G� OF 04K e - `vp AOO � f O � G O CFCOUN0` 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