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R-1974 - 11/23/2021 - PUBLIC WORKS - Resolutions THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION 2021-I GA-I DOT-TRF-SG N L-R-1974 A RESOLUTION APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT AND LICENSE AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK, ILLINOIS AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION STATE MAINTAINED TRAFFIC SIGNALS GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. SURESH REDDY 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 23rd day of November, 2021 RESOLUTION NO. 2021-IGA-IDOT-TRF-SGNL-R-1974 A RESOLUTION APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT AND LICENSE AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK, ILLINOIS AND THE ILLINOIS DEPARTMENT OF TRANSPORTATION STATE MAINTAINED TRAFFIC SIGNALS WHEREAS, the Village of Oak Brook is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, the Village of Oak Brook (hereinafter referred to as "Village") upon approval of the corporate authorities may enter into an Agreement with another party pursuant to Illinois Statute; WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes units of local government, including municipalities, to contract to exercise, combine or transfer any power or function not prohibited to them by law or ordinance; WHEREAS, the "Intergovernmental Cooperation Act" (5 ILCS 220/1 et seq.) authorizes units of local government to exercise jointly with any public agency of the State, including other units of local government, any power, privilege or authority which may be exercised by a unit of local government individually, and to enter into contracts for the performance of governmental services, activities and undertakings; WHEREAS, the "Intergovernmental Cooperation Act", 5 ILCS 220/1 et seq., 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; WHEREAS, Section 5 of the"Intergovernmental Cooperation Act", 5 ILCS 220/5, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; WHEREAS,the parties hereto are units of local government as defined by the Constitution of the State of Illinois, 1970, Article VII, Section 10, and the Intergovernmental Cooperation Act; WHEREAS, the Illinois Department of Transportation (hereinafter referred to as "IDOT") maintains certain roadways and thoroughfares in and about the Village along with certain traffic control signals located on said roadways and thoroughfares; WHEREAS, the Village and IDOT have a mutual interest in and the maintenance of traffic control devices located in and about the Village and the Village and IDOT desire to set forth their respective responsibilities relative to the maintenance of the identified traffic control signals; 2 WHEREAS, the Parties desire to enter into an intergovernmental agreement outlining and defining their respective responsibilities relative to the maintenance of the identified traffic control signals; 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 IT RESOLVED by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois 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 correct and do hereby, by reference, incorporate and make them part of this resolution as legislative findings. Section Two —Approval of Intergovernmental Agreement The Village hereby approves the Intergovernmental Agreement, substantially in the form attached hereto and made a part hereof collectively as Exhibit A, (hereinafter referred to as the ("Agreement'). Section Three—Authorization and Direction The Village President is hereby authorized to execute, and the Village Clerk is hereby authorized to attest the intergovernmental agreement, substantially in the form of such agreement attached hereto as Exhibit A, with such changes therein as shall be approved by the Village Attorney and the officials of the Village executing the same, their execution thereof to constitute exclusive evidence of their approval to any and all changes or revisions therein from and after the execution and delivery of such Agreement. 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 Agreement, additionally, the Village is authorized and directed to allocate and spend all necessary funds to fulfill the requirements of the agreements and of this resolution. 3 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 confirmed. 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 Illinois 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 If 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 and upon the journals of the Board of Trustees of the Village of Oak Brook. The Remainder of this Page has been Intentionally Left Blank/ Roll Call Vote follows 4 PASSED THIS 23rd day of November, 2021 Ayes: Trustees Herman, Manzo, Nagle, Reddy, Tiesenga,Yusuf Nays: None Absent: None APPROVED THIS 23rd day of November, 2021 Gopal G. Lalmalani Village President ATTEST: 0k4'4wz&" Charlotte K. Pruss Village Clerk PSE 0 fl4k \�COUNT`t 5 Exhibit A Intergovernmental Agreement 6