IGA County of DuPage & VOB for E-9-1-1 Emergency Telephone Service 02-14-1989 R E S 0 L U T I 0 N
PS-0006-89
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF DUPAGE AND VILLAGE OF
OAK BROOK
FOR E-9-1-1 EMERGENCY TELEPHONE SERVICE
WHEREAS, the Constitution of the State of Illinois, 1970, Article
VII , Section 10 authorizes units of local government to contract or
other wise associate among themselves in any manner not prohibited by
law or ordinance ; and
WHEREAS, it is in the public interest that the County of DuPage
enter into an Intergovernmental Agreement between the_,County -of ,DuPage
and the Village of Oak Brook for Enhanced 9- 1-1 Emergency
Telephone Service; and
WHEREAS, the Public Safety Committee of the County Board has
examined the agreement attached hereto;
NOW, THEREFORE, BE IT RESOLVED by the County Board of the County
of DuPage as follows:
1 . That the "INTERGOVERNMENTAL AGREEMENT" for Enhanced 9-1 -1
Emergency Telephone Service be attached hereto and made a
part of this Resolution .
2. That the signature of Jack T. Knuepfer, Chairman, DuPage
County Board , affixed on said agreement , be and it is
hereby ratified by the County Board of the County of
DuPage to the terms of said Agreement .
BE IT FURTHER RESOLVED that the County Clerk transmit certified
copies of this resolution, with copies of said agreement to the
Village of Oak Brook, 1200 Oak Brook Road$Treasurer ,BBrook,FinIll .
60521 ; ( 1 ) copy to the Auditor,
co to DUCOMM , Attn: Ted Vratny ; ( 1 ) copy to
Director, ( 1 ) PY Ave . , Carol Stream, Ill .
Mayors and Managers, 500 Gary
60187 ; ( 1 ) copy to DuPage County Board , Attn: Nancy
Hauptman.
Enacted and approved this 14thday of February + 19 9
at Wheaton, Illinois.
Je EPFEP.
Ayes : 20 C C NTY BOARD
Absent: 5 ATTEST:
GARY DUPAY CLERK
OF 041c
9
O
FCOUNty'
VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
January 25, 1989 312 990-3000
Ms. Nancy Hauptman
DuPage County Board
421 N. County Farm Road
Wheaton, IL 60187
Dear Ms. Hauptman:
Enclosed are two originals of the Intergovernmental Agreement between the Village
of Oak Brook and the County of DuPage for Enhanced 9-1-1 Emergency Telephone
Service. Please have the documents executed and return one copy for our files.
If you have any questions regarding this matter, please do not hesitate to contact
me.
Sincerely,
Stephen Berley
Village Manager
SB/mr:l5
Enclosures (2)
cc: John H. Brechin, Village Attorney
James R. Fleming, Police Chief
i
r
INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF
OAK BROOK AND THE COUNTY OF DU PAGE FOR ENHANCED
9-1-1 EMERGENCY TELEPHONE SERVICE
THIS AGREEMENT is made and entered into this �-O day of
1989, between VILLAGE OF OAK BROOK, a municipal corporation, hereinafter
referred to as the "Municipality" and the COUNTY OF DU PAGE, hereinafter
referred to as the "County".
WHEREAS, the Constitution of the State of Illinois, 1970, Article VII,
Section 10, authorizes units of local government to contract or otherwise asso-
ciate among themselves in any manner not prohibited by law or ordinance; and
WHEREAS, Illinois Revised Statutes, 1987, Chapter 127., Section 743, entitled
the "Intergovernmental Cooperation Act," provides that any power or powers,
privileges or authority exercised or which may be exercised by a unit of local
government may be exercised and enjoyed jointly with any other unit of local
government; and
WHEREAS, the Municipality is a unit of government situated partially within
the corporate boundaries of DuPage County, Illinois, and partially within the
corporate limits of Cook County; and
WHEREAS, the Municipality and the County of DuPage have determined that
there presently exists a need for installing or improving the 9-1-1 Emergency
Telephone System which will serve all the residents within the Municipality of
and the residents within the corporate boundaries of the County of DuPage; and
WHEREAS, Illinois Revised Statutes, Chapter 134, Paragraph 45.3, provides
that municipalities and counties are authorized to pass an ordinance to impose a
surcharge on all telecommunication carriers engaged in the business of transmit-
ting messages by means of electricity originating within the corporate limits of
any municipality or county for the purpose of installing or improving a 9-1-1
Emergency Telephone Service and to certify the public question to the proper
election authority to the electors whether said surcharge shall be imposed; and
WHEREAS, the County of DuPage has certified the question for the April 4,
1989 election ballot to allow the residents within the corporate boundaries of
the County of DuPage, including within the Village of Oak Brook, to decide
whether or not to impose a telephone surcharge per month per network connection
for the purpose of installing or improving a 9-1-1 Emergency Telephone Service.
NOW, THEREFORE, IT IS HEREBY AGREED THAT,
1. The Municipality by ordinance has approved, pursuant to this Agreement, the
placement on the April 4, 1989 ballot, in all precincts located in Cook County
within the municipal boundaries of the Municipality, the public question: "Shall
the County of DuPage impose a surcharge of up to 50� per month per network
connection on telecommunications carriers, which surcharge expense will be added
to the monthly bill you receive for telephone or telecommunications charges for
the purpose of installing (or improving) a 9-1-1 Emergency Telephone System?"
2. That the surcharge shall be subject to the approval of a majority of the
total number of votes cast upon the public question by the electors of DuPage
County, electors of the Municipality in the Cook County portion of the Municipal-
ity and electors in other municipalities that have entered into similar inter-
governmental agreements.
3. The Municipality shall be part of the DuPage County 9-1-1 Emergency Telephone
System for purpose of providing 9-1-1 emergency telephone service to all resi-
dents residing within the boundaries of the Municipality located both in and
outside the corporate limits of DuPage County.
4. The Municipality and County agree that the County shall impose the same
surcharge per network connection on telecommunications carriers in DuPage County
as in the Cook County portion of the Municipality.
5. The Municipality shall authorize the transfer of all funds collected pursuant
to said surcharge within the municipal boundaries but outside the corporate
limits of the County of DuPage to the DuPage County Emergency Telephone System
Board designated pursuant to Illinois Revised Statutes, Chapter 134, Paragraph
45.4, and consistent with the terms therein.
6. This Agreement shall be effective when signed by the Municipality and the
County of DuPage.
IN WITNESS WHEREOF, the undersigned local government have set their signa-
tures on the respective dates set forth below. This document may be signed in
duplicate originals.
VILLAGE OAK B
By: �,4
T
Title: V�i1 gC" d rts«IPw F
ATTEST:
By:
Title: \
�[C k-e v,
Date: a,Li 14
COUNTY OF DU PAGE
By:
Title: Board airman
ATTEST:
By: A!
Title: Coun Clerk
Date: February 14 , 1989
_2_
K.
VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
3 12 990-3000
January 17, 1989
Stanley T. Kusper, Jr.
Cook County Clerk
118 North Clark Street
Room 434
Chicago, IL 60602
Re: Village of Oak Brook
Ordinance S-659
Enclosed for filing please find two certified copies of Ordinance S-659
authorizing a referendum regarding a surcharge for an Enhanced 9-1-1 System.
Please stamp and return one copy to me in the self-addressed enclosed
envelope.
Sincerely,
ohn H. Brechin
Village Attorney
JHB:sps
Enclosures
cc: Ms. Nancy Hauptman, DuPage County Board `�-
Mr. Ted Vratny, Du-Comm
DuPage Mayors & Managers Conference
Ms.-Hauptman:
The Intergovernmental Agreement between the Village of Oak Brook and the
County of DuPage for Enhanced 9-1-1 Emergency Telephone Service will be con-
sidered at our January 24, 1989 Board meeting, at which time I am confident
said agreement will be approved. We will then forward same to you.
Stephen Berley
Village Manager
STATE OF ILLINOIS )
)SS.
COUNTIES OF COOK DU PAGE)
I, Marianne Lakosil , do hereby certify that I
am the duly qualified and acting Village Clerk of the Village of
Oak Brook, DuPage and Cook Counties, Illinois .
I DO FURTHER CERTIFY that the annexed document is a
-true and correct copy of ORDINANCE S-659 AN ORDINANCE
AUTHORIZING A REFERENDUM REGARDING A SURCHARGE FOR AN ENHANCED
9-1-1 SYSTEM
I DO FURTHER CERTIFY that the original document, of
which the annexed copy is a true copy, is entrusted to my care for
safekeeping and I am the keeper of the same.
I DO FURTHER CERTIFY that I am the keeper of the re-
cords , Journals., entries, resolutions , ordinances , and documents
of the said Village of Oak Brook, DuPage and Cook Counties , Illinois .
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the corporate seal of the Village of Oak Brook this 16th
day of January , 19 89
V—jljiige Clerk -of Clerk—of the Village of
Oak Brooks DuPage & Cook Counties ,
Illinois .
ORDINANCE S- 6 5 9
AN ORDINANCE AUTHORIZING A REFERENDUM
REGARDING A SURCHARGE FOR AN ENHANCED 9-1-1 SYSTEM
WHEREAS, by virtue of Public Act 85-978, effective December 16, 1987, the
General Assembly has amended the Emergency Telephone Number Act (Ill.Rev.Stat.
Ch. 134, Para 31 et se g. ; and
WHEREAS, P.A. 85-978 provided for a monthly telephone surcharge for
Enhanced 9-1-1 Service for any person seeking police, fire, medical, rescue
and other emergency services; (Il1.Rev.Stat. Ch. 134, Para 31 ft se . ; and
WHEREAS, pursuant to said amendment, the corporate authorities of any
municipality may, by ordinance, call for a binding referendum on the question
of imposing a surcharge on telecommunications carriers for the purpose of
installing or improving an enhanced 9-1-1 emergency telephone number system;
a. and
WHEREAS, the Act allows the telecommunications carrier to recover the
surcharge, including a 3% collection charge from its subscribers residing in
the incorporated and unincorporated limits of DuPage County; and
WHEREAS, the President and Board of Trustees of the Village of Oak Brook
be and they are hereby declared that Enhanced 9-1-1 is in the best interest of
the citizens of DuPage County, Illinois to provide an Enhanced 9-1-1 Emergency
telephone system and to impose a surcharge on telecommunications carriers to
be passed through to its subscribers to pay for the costs associated therewith;
and
WHEREAS, the President and Board of Trustees of the Village of Oak Brook
hereby declare that it is in the best interest of the citizens of the Village
of oak Brook to cause a referendum to be placed on the ballot at the
Consolidated Election, April 4, 1989;
NOW, THEREFORE, BE IT ORDAINED BY THE President and Board of Trustees of
the Village of Oak Brook, Cook and DuPage Counties, Illinois as follows:
Section 1: That the foregoing recitals are hereby incorporated by
reference as if fully set forth herein.
Section 2: That a surcharge. is hereby imposed, subject to the provisions
of Section 3, upon all telecommunication carriers engaged in the business of
transmitting messages by means of electricity originating within the corporate
limits of the Village of Oak Brook and terminating within the State of
Illinois for funding of an Enhanced 9-1-1 Emergency telephone system.
Section 3: That the following public question shall be submitted to the
electors of the Village of Oak Brook at the Consolidated Election on April 4,
1989:
Shall County of DuPage impose a surcharge
of up to 50� per month per network connection YES
on telecommunications carriers, which sur-
charge expense will be added to the monthly
bill you receive for telephone or telecommun-
ications charges, for the purpose of installing NO
— --- (or improving) a 911 Emergency telephone System?
Section 4: The question referred to and set forth herein shall be
submitted to the voters of the Village of Oak Brook in accordance with the
general election law of the State of Illinois at the Consolidated Election to
be held on Tuesday, the 4th day of April, 1989.
Section 5: The Election shall be held in the voting precincts and at the
polling places established by the Cook County Clerk, Cook County, Illinois,
for voters of the Village of Oak Brook at the Election.
Ordinance No. S-6S9
An Ordinance Authorizing a
Referendum Regarding a Surcharge
For an Enhanced 9-1-1 System
Page 2
Section 6: The County Clerk of Cook County shall give notice of the
Election in accordance with the general election law of the State of Illinois
by publishing notice thereof once in one or more newspapers published and
having general circulation in the Village of oak Brook, the dates of such
publication of said notice to be not more than 30 nor less than 10 days prior
to the date set for the Election.
Section 7: Said notice shall include the following:
NOTICE IS HEREBY GIVEN that, at the Consolidated Election to be held on
the 4th day of April, 1989, the following question shall be submitted to
the voters of the Village of Oak Brook:
Shall County of DuPage impose a surcharge
of up to 50� per month per network connection YES
on telecommunications carriers, which sur-
charge expense will be added to the monthly
bill you receive for telephone or telecommun-
ications charges, for the purpose of installing NO
(or improving) a 911 Emergency telephone System?
The polls at said election will be opened at the hour of 6:00 a.m. and
continued open until 7:00 p.m. of that day.
Dated this day of , 1989•
Cook County Clerk
Section 8: The ballot to be used at the Election shall be in
substantially the following form with such alterations, changes, insertions
and deletions as required by Article 24A of the Election Code if an electronic
mechanical or electric voting system (an "Electronic Voting System: ) is used
at the Election:
(Face of Ballot)
OFFICIAL BALLOT
QUESTION TO AUTHORIZE TELECOMMUNICATIONS SURCHARGE
Shall County of DuPage impose a surcharge
of up to 50� per month per network connection YES
on telecommunications carriers, which sur-
charge expense will be added to the monthly
bill you receive for telephone or telecommun-
----> ications charges, for the purpose of installing NO
or improving) a 911 Emergency telephone System?
Section 9: If a majority of the votes cast upon the question are in
favor thereof, 'a surcharge is hereby imposed at a rate of 50� per month per
in-service network connection, as hereinafter defined. A network connection
shall not be deemed to be in-service where a subscriber's account is deemed
uncollectible by the telecommunications carrier.
Ordinance No. S-659
An Ordinance Authorizing a
Referendum Regarding a Surcharge
For an Enhanced 9-1-1 System
Page 3
Section 10: For the purposes of this Ordinance, the following
definitions shall apply:
A. "Transmitting Messages" shall have the meaning ascribed to the term
in Section 8-11-2 of the Illinois Municipal Code.
B. "Telecommunication Carrier" means any natural individual, firm,
trust, estate, partnership, association, join stock company, joint
venture, corporation, municipal corporation, or political subdivision
of this state, or a receiver, trustee, conservator or other
representative appointed by order of any court engaged in the
business of transmitting messages by means of electricity.
Section 11: The Cook or DuPage County Clerks shall provide any
telecommunication carrier subject to the surcharge with a certified list of
those network connections assigned to the County of Cook or the County of
DuPage to be exempt from imposition of the surcharge. The certified list may
be revised by the Counties on 60 days prior written notice provided to the
telecommunication carriers.
Section 12: The surcharge shall be imposed on the first day of the month
following the expiration of 90 days from the date the DuPage or Cook County
Clerk certifies to any of the telecommunication carriers who are subject to
the surcharge that the referendum referred to in Section 3 has passed.
Section 13: Every telecommunication carrier shall remit to the custodian
of the Emergency Telephone System Fund the amount of surcharge due and owing
for each calendar month within 30 days following expiration of each month to
which the surcharge applies, net of any network or other 9-1-1 or
sophisticated 9-1-1 system charge then due the particular telecommunication
carrier as shown on an itemized bill.
Section 14: Simultaneously with the remittance subscribed in Section 14
above, each telecommunication carrier shall make a return to the DuPage County
Treasurer for the period to which the remittance applies, stating as follows:
(A) The name of the telecommunication carrier.
(B) The telecommunication carrier's principal place of business.
(C) The number of network connections to which the surcharge applies.
(D) The amount of surcharge due.
(E) Such other reasonable and related information as the corporate
authorities may require.
Section 15: If it shall appear that an amount of surcharge has been paid
which was not due under the provisions of this Ordinance, whether as the
result of a mistake of fact or an error of law, then such amount shall be
credited against any surcharge due, or to become due, under this Ordinance
- - -
--from-the _telecommunication carrier who made the erroneous payments; provided
that no amounts erroneously paid more than three years prior to the filing of
a claim therefor shall be so credited.
Section 16: No action to recover any amount of surcharge due under the
provisions of this Ordinance shall be commenced more than three years after
the due date of such amount.
Section 17: This Ordinance shall be in full force and effect from and
after its passage and approval in the manner provided by law.
Section 18: That copies of this Ordinance be transmitted to 1) the Cook
County Clerk; 2) DUCOMM, Attn: Ted Vratney; 3) DuPage Mayors and Manager
Conference; and 4) the DuPage County Board, Attn: Nancy Hauptman.
Ordinance No. 5-659
An Ordinance Authorizing a
Referendum Regarding a Surcharge
For an Enhanced 9-1-1 System
Page 4
PASSED THIS 10th day of January 1989.
Ayes: Trustees BartecRi , Bushy, Imrie , Maher and Rush
Nays: None
Absent: None
Abstain: Trustee Winters
APPROVED THIS 10tT1 day of January 989.
Village President
Approved as to Form:
Vill ge Attorney
Published
Date Paper
Not Published Y X
Attest:
Village Clerk
STATE OF ILLINOIS)
COUNTY OF DU PAGE)
I , GARY A. KING, COUNTY CLERK AND CLERK OF THE
COUNTY BOARD IN THE COUNTY AND STATE AFORESAID, AND
KEEPER OF THE RECORDS AND FILES THEREOF, DO HEREBY
CERTIFY THE FOREGOING TO BE A TRUE AND CORRECT COPY OF
A RESOLUTION
ADOPTED BY THE COUNTY BOARD AT A MEETING HELD AT THE
DU PAGE CENTER, 421 N. COUNTY FARM ROAD, WHEATON,
ILLINOIS, ON THE 14th DAY OF February
A.D. 1989 .
ALL OF WHICH APPEARS FROM 'THE RECORDS OF THE
PROCEEDINGS OF SAID COUNTY BOARD NOW IN MY OFFICE
REMAINING.
GIVEN UNDER MY HAND AND OFFICIAL SEAL AT
WHEATON, ILLINOIS, THIS 15th DAY OF February
A.D. 19 89
COUNTY ERK AND
CLERK THE COUNTY B ARD
OF DU PAGE COUNTY, ILLINOIS
r
VILLAGE OF OAK BROOK Minutes -4- January 24, 1989
V. OLD BUSINESS:
A. Proposed DuPage County Landscaping Plan - Meyers Road/Oak Brook Road:
Discussion held and review of the latest draft of DuPage County's
proposed landscaping plan for Meyers Road.
Trustee Bushy moved, seconded by Trustee Winters. . .
To approve the landscape plan and authorize staff to communicate to
DuPage County Highway Department the Village's concurrence with the
proposed Plan.
VOICE VOTE: All present, in favor. So ordered.
Trustee Bushy absented herself during the discussion on Items B and C.
Approval of Intergovernmental Agreement Between the Village of Oak
Brook and DuPage County for Enhanced 9-1-1 Emergency Telephone System:
Ordinance No. S-659 relating to this matter approved at the Regular
Meeting of January 10, 1989.
Trustee Rush moved, seconded by Trustee Maher. . .
To approve the Intergovernmental Agreement Between the Village of Oak
Brook and the County of DuPage for Enhanced 9-1-1 Emergency Telephone
Service and authorize the Village President and Clerk to affix their
signatures thereon.
Trustee Winters abstained from voting on or discussing this Agreement
due to his employment by Illinois Bell.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Imrie, Maher, Rush and
President Cerne.
Nays: None
Absent: Trustee Bushy
Abstain: Trustee Winters So ordered.
C. Garbage Contracts - Revised Agreements & Oak Brook Club Reimbursement
Documents:
Discussed at the Committee-of-the-Whole Meeting of January 9, 1989.
Trustee Imrie moved, seconded by Trustee Rush. . .
To accept the revised garbage contracts with Oak Brook Disposal,
Clearing Disposal (Division of Waste Management) and Rot's Disposal
(Division of Browning-Ferris) and authorize the Village President and
Clerk to affix their signatures thereon; and
To reimburse the Oak Brook Club the equivalent of Service A, pick up
once per week at edge of roadway.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Imrie, Maher, Rush and
President Cerne.
Nays: Trustee Winters
Absent: Trustee Bushy So ordered.
Trustee Bushy returned to her seat.
D. Homeyer Woods Subdivision - Final Plat (Hunt Club Lane) - Request for
Time Extension:
At the Regular Meeting of July 12, 1988, a two-lot final plat was
approved. By letter dated January 12, 1989 from Richard Dusik of
Dusik Realtors, representative for the property owners, an extension
of three (3) months was requested to finalize final engineering
documentation.
VILLAGE OF OAK BROOK Minutes -4- January 24, 1989
1!n i_