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R-1855 - 01/28/2020 - IGA-OB PARK DISTRICT - Resolutions丁HE VILLAGE OF OAK BR00K C00K AND DUPAGE COUN丁 IES,ILLINOIS RESOLU丁 10N2020-AG-OBPD口 LN口 R-1855 A RESOLUT!ON APPROVING AND AUTHORIZING 丁HE EXECU丁 10N OF ANINTERGOVERNMENTAL AGREEMEN丁 BY AND BEttWEEN 丁HE VILLAGE OF OAK BR00K,ILL!NOIS AND 丁HE OAK BR00K PARK D!SttRIC丁 GOPAL G.LALMALANI,Village President CHARLOT~「EK.PRUSS,Village Clerk 」OHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAIYED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 28th day of January,2020 RESOLUT10N 2020‐AC‐OBPD‐LN‐R‐1855 A RESOLUT10N APPROVING AND AUTHORIZING THE EXECUT10N OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE ViLLAGE OF OAK BR00K,ILLINOIS AND THE OAK BR00K PARK D:STRICT VVHEREAS,the V∥lage of Oak Brook is a municipal corporalon wlh authodty provided for and granted pursuantto the l∥inois Municipa:Code to exercise certain powers and perforrn certain functions pertaining to its local government and affairs: WHEREAS,the V∥lage of Oak Brook(hereinafter referred to as“V∥lage")upOn approval of the corporate authorities may enterinto an Agreement with another party pursuant to:|∥nois Statute; WHEREAS,Article V∥,Section 10 ofthe l∥inois Constitution of 1 970 authorizes units of 腑幣∬l∬詰ふ∥:魁 明mせ 19酬 賄ll:ぷ 譜隠|° eXedsa comЫ ne or mnsbrany power 朧 冬 硼 :#l騎 鮒 蔀 鮮 熙 器 1踊 徴 椰 誹 驚 locai government individua∥y,and to enter into contracts for the perfornance of governmental services,activities and undertakings: WHEREAS,the Wlntergovemmental Cooperatlon Actt 5 1LCS 220/1 etseq,provides that 議l「器:器 3鰹 麗l舅 :∥F器 梶酪冒轟潤lサ 1。m:γ 舗t警 1魔 :「:」樋器:∥tr WHEREAS,Section 5 ofthe'lntergovernmental Cooperation Acr',51LCS 220/5,provides that any one Or mo「e pub∥c agencies may contract with any one or more public agencies to perform any 9overnmental service, activity or undertaking which any of the pub∥C agencies entering into the contract is authorized by law to perform, provided that such contract sha∥be authorized by the gOVerning body of each party to the contracti VVHEREAS,the parties hereto are units oflocal government as defined by the Constitution ofthe State ofl∥inois,1970,Article VII,Section 1 0,and the lntergovernmental Cooperation Acti WHEREAS,theヽ ノi∥age is a duly organized and existing l∥inois municipality created under the provisions of the:aw ofthe State ofl∥inois,and is now operating underthe provisions ofthe Municipal Code ofthe State ofl∥inois,and a∥laws amendatory thereof and supplementary thereto (the“Municipal Code")and app∥cable law; RESOLUTION NO. 2020-AG-OBPD-LN-R-1855 An lnlergovernmental Agreemeni Between the Park District and the Village of Oak Brook Page.2.ol5 WHEREAS, the Park District is a duly organized and existing lllinois park district created underthe provisions ofthe laws ofthe State of lllinois, and is now operating underthe provisions of the Park District Code of the State of lllinois, and all laws amendatory thereof and supplementary thereto (the "Park Code") and applicable law; WHEREAS, the Park District has determined that the purchase and installation of new LED lighting for certain Central Park Ballfields on the Property before commencement of the 2020 spring season ("Project") is in the best interests of the community. WHEREAS, the Park Board does not have sufficient funds on hand for the Project, and the total costs of this borrowing including legal, financial and other expenses will be no less than $500,000.00; WHEREAS, Central Park is adjacent to Forest Gate Subdivision, a gated residential community located with the Village of Oak Brook and supports various activities in and about the Village of Oak Brook, including but not limited to hosting little league baseball which includes the use of the fields by various resident and non-resident baseball teams; WHEREAS, the Village has determined that it is in the best interests of the community to provide a low interest loan to the Park District in the principal amount of $500,000.00 on the terms set forth herein to enable the Park District to proceed with the Project in order to enhance the baseball fields while at the same time providing for the reduction of light trespass to the surrounding neighborhood; and WHEREAS, the Village of Oak Brook Corporate Authorities are of the opinion that it is in the best interests of the Village of Oak Brook to enter into the attached intergovernmental agreement for the purposes referenced herein. NOW, THEREFORE, BE lT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, lllinois as follows: Section One - Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this Resolution are full, true and conect and do hereby, by reference, incorporate and make them part of this Resolution as legislative findings. Section Two - Approval of lntergovernmental Agreement and Promissory Note The Village hereby approves the lntergovernmental Agreement and Promissory Note, substantially in the form attached hereto and made a part hereof collectively as Exhibit A, which authorizes a loan in the amount of $500,000.00 (five hundred thousand dollars and no cents) to the Oak Brook Park District at an interest rate of 2olo per year for the purpose of constructing LED lights on the Central Park baseball fields. RESOLUTION NO. 2020-AG-OBPD-LN-R1855 An lntergovemmental Agreement Between the Park District and lhe Village of Oak Brook Page-3-of5 Section Three - Authorization and Direc'tion The Village President is hereby authorized to execute, and the Village Clerk is hereby authorized to attest the lntergovernmental Agreement and Promissory Note, substantially in the form ofsuch as attached hereto as Exhibit A, with such changes therein as shall be approved by the Village Manager, Village Attorney and the officials of the Village executing the same, their execution thereof to constitute exclusive evidence of their approval lo any and all changes or revisions therein from and after the execution and delivery of such lntergovernmental Agreement and Promissory Note. Section Four - Other Actions Authorized The officers, employees and/or agents of the Village shall take all actions necessary or reasonably required to carry out and give effect to the intent of this Resolution and otherwise to consummate the transactions contemplated herein, and shall take all actions necessary in conformity therewith including, without limitation, the execution and delivery of all documents required to be delivered in connection with the transaction contemplated herein. Section Five - Authorization of Expenditures The Corporate Authorities hereby authorize and direct the expenditure of all costs related to the execution of the lntergovernmental Agreement, additionally, the Village is authorized and directed to allocate and spend all necessary funds to fulfill the requirements of the lntergovernmental Agreement and of this Resolution. Section Seven - Acts of Village Officials That all past, present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this resolution are hereby, in all respects, ratified, approved, authorized and confi rmed. Section Eight - Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law Section Nine - Publication This resolution shall be published in book or pamphlet form as provided by the lllinois Municipal Code. Section Ten - Conflict Clause All resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Eleven - Saving Clause RESOLUTION NO. 2020-AG-OBPD-LN-R-1 855 An lntergovernmental Agreement Between the Park District and the Village of Oak Brook Page .4. of 5 lf any section, paragraph, clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution, which are hereby declared to be separable. Section Twelve - Recording This resolution shall be entered into the minutes Trustees of the Village of Oak Brook. APPROVED THIS 28th day of January,2O2O and upon the loumalS Of the Board of 7*L----4. GopalG. Lalmalani Village President PASSED THIS 28th day of January,2020 Trustee Baar, Cuevas, Manzo, Saiyed, Tiesenga, YusufAyes: Nays: Absent: None None ATTEST: Charlotte K. Pruss Village Clerk