R-534 - 06/25/1991 - JULIE - Resolutions Supporting Documents g
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521-2255
June 19, . 1991
708 990.3000
MEIN TO: Village President and Board of Trustees
SUBJECT: J.U.L.I.E.
RECOHNNNDATIONs That the Village Board pass the proposed Resolution to join
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Pursuant to Public Act 86°674 (codified as paragraphs 1601 through 1614 of
Chapter 111-2/3 of the Illinois Revised Statutes) the Village is required to
join by July 1, 1991 a State-Wide one-Call Notice System. Presently, the only
such system in Illinois is the so-called J.U.L.I.E. system (Joint Utility
Locating Information for Excavators). The attached memorandum from the
Illinois Municipal League outlines some of the issues involved in this
process.
The attached Resolution has been drafted essentially in conformance with the
second alternative noted by the Illinois Municipal League and is recommended
for approval. Since J.U.L.I.E. has given no affirmative indication that they
would approve any of the changes suggested by the Attorneys' Subcommittee,
option 1,, in my opinion, is not viable. I likewise recommend against Option 3
since the failure to join J.U.L.I.E. in any way could create possible
liability exposure to the Village in the event of an accident allegedly caused
by the failure of the Village to participate in the J.U.L.I.E. system.
The attached Resolution would bring the Village into compliance with State law
without subjecting the Village to some of the more onerous requirements
contained in the existing J.U.L.I.E. membership agreement and by-laws. I!
Mike Meranda estimates that the first year cost to be a member of J.U.L.I.E.
is $2,100 for a printer and dedicated phone line. Ongoing expenses are
estimated to be approximately $1,400 per year for calls received based upon a
present per call charge of 37! by J.U.L.I.E. All these expenses have been
budgeted. This cost does not include any labor for actual location and
marking. However, in the past the Public Work Department has located and
marked our utilities. Thereforo, unless there is a substantial increase in
requests, the Manager and Public Works Superintendent do not foresee any
problems in this regard.
Village Manager .Berley and Public Works Superintendent Meranda concur in the
recommendation to join J.U.L.I.B. as provided by the proposed Resolution.
Respectfully submitted, !I
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Vill go Attorney
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Attachments
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ILLINOIS MUNICIPAL LEAGUE
THOMAS G.FIIZSIMMONS M wwnr.NeumM L"qua of Cmes
Exacwve Meow
500 EAST CAPITOL AVENUE—P.O.BOX 3387
THOMAS W.KELTY SPRINGFIELD,ILLINOIS 62708.3387
Chia!CounsN
MOM 42171525-1220 Fax(217)6257420
TO: JULIE File
FROM: Thomas W. Kelty
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DATE: June 11, 1991
RE: Our File: 900000-98062
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® I arranged for and participated in a conference call regarding the
proposed "Municipal Membership Agreement" which was drafted b Tom Bayer for
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(( )1 consideration by the JULIE System. It was recommended by the Home Rule j
Attorneys Subcommittee and the full Committee at its May meeting.
Those participating in the call on behalf of the IML were John Brechin,
Ron Schultz, Tom Bayer, Dave Limardi, Barry Moss and myself. Those
participating for the JULIE System were Larry Lincoln and attorneys Doug j
Spesia and Jack Ardaugh.
Doug Spesia posed the question "where are you coming from" in reference
to the proposed agreement. We explained the liability issues, the cross
indemnity issues and the position of municipalities that the indemnity
requirement was created by JULIE and not by the municipalities..
We explained that the addition of the reference to self-insurance on
page 4 was to clarify the situation involving a self-insured municipality.
As to the elimination of the membership restrictions in Article 3 of the j
by-laws, Doug Spesia questioned what would happen if no cities paid their
dues. He asked that we reconsider our position on this because of the obvious,
problem of no payment of fees and the remaining members of the system having
to shoulder the cost.
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IML/JULIE File
June 11, 1991
Page 2
It was our response that the by-laws must be 'locked in otherwise the
JULIE System can change their requirements of membership at will . Even though
there is a two-thirds voting requirement, we do not find this acceptable nor
do we find it acceptable to allow the IOU°s to impose requirements on
municipalities or vice versa.
It was concluded that the following issues need to be addressed, that
the JULIE System legislative committee will meet possibly before June 12 (date
of the Home Rule meetings and will give us some response. The issues are:
(1) Indemnity - this is a JULIE membership agreement imposed
requirement and not a requirement of the General Assembly;
(2) The freeze of the by-laws and operating regulations set forth in
Article I, Section 1.1 of the proposed agreement; and
(3) Proposal that the insurance provisions in Article III be placed
back into the operating guidelines for more flexibility rather
than being left from the membership agreement.
The call commenced at 10:00 a.m. and concluded at 10:55 a.m.
TWK:bsw
xc: Tom Fitzsimmons
Roger Huebner
Thomas Giger, City Attorney of Berwyn
John Brechin, Village Attorney of Oak Brook
Ronald Schultz, Legal Director of Rockford.
Patrick Lucansky, Village Attorney of Oak Lawn & Lincolnshire
George Longmeyer, Manager of Schaumburg
Peter Korn, Manager of Peoria
David Limardi, Manager of Lincolnshire
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ILLINOIS MUNICIPAL LEAGUE
THOMAS G.R ZSIMMONS iM.*«:MONWN LsMW Of
f x.ou0vw Dkeda
500(EAST CAPIML AVENUE—P.O.BOX 3387
THOMAS W.KELTY SPRINGFIELD,ILLINOIS 627084MY
Chief C9unu1 Plant(217)525.1220 Fnt(217)5211.7476
NUNICIPRL lg=ZRssap AGRaaua>Irr
Over the course o: the last few months, the League has been
discussing with JULIE, Inc. the implementation of its municipal
membership in the JULIE system, pursuant to Chapter 111 2/3,
Paragraph 1605, Ill.Rev.Stats. , 1989. The statute provides that
municipalities must join on or before July 1, 1991.
JULIE, Inc. is an Illinois not-for-profit corporation
established pursuant to statute to receive and transmit
information to and from persons, firms, corporations and other
entities intending to undertake activities in connection with
excavation in the area of underground utilities.
JULIE, Inc. has proposed a membership agreement which has
been rejected by the subcommittee of attorneys and municipal
managers who have reviewed the document on behalf of the League.
The Committee has rejected the form of the agreement because it
imposes substantial liability upon municipalities by virtue of
the activities of JULIE, Inc. and because it leaves an open ended
opportunity for the by-laws and operating rules and regulations
of JULIE, which affect municipal members, to be changed by JULIE,
Inc. without municipal approval.
Therefore, it is the recommendation of the League that
municipalities consider, and discuss with your municipal
attorney, the following alternative responses to the statutory
directive:
(1) Agree to join JULIE and adopt the municipal membership
agreement approved by the subcommittee;
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(2) Adopt.a resolution indicating the municipality's
willingness to participate in the system Mithout
signing a membership agreement with JULIE, Inc. ; or
(3) Decline to join JULIE, Inc. based upon the premise that
the Illinois General Assembly has failed to fund the
cost of participation in JULIE, which is arguably an
unfunded state mandate and which may relieve the
municipality of its obligations under the afore-
mentioned statute.
The League does recommend that if your municipality elects not to
participate in JULIE. by way of a formal membership agreement that
it at least takes the position that it will respond to calls from
the JULIE system regarding proposed utility excavations if
contacted.
The League has available upon request the approved form of
Municipal Membership Agreement (approved by the Committee, but .
not agreed to by JULIE, Inc. ) and a form resolution expressing
resolve of the municipality to participate without executing a
formal membership agreement. If you wish copies of either or
;. both of the these documents they are available upon letter of
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request to the above address or by telephone.
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Trustee Skinner moved, seconded by Trustee Payovich to pass Ordinance No.
G-469 as presented and waive the full reading thereof. Roll Call Vote:
Ayes: 6-Trustees Payovich, Shumate, Skinner, Winters, Bartecki and
Krafthefer.
Nays: 0-None. Motion carried.
�. RESOLUTION NO. R-534 A RESOLUTION TO PARTICIPATE IN A STATE-WIDE RES. R-534
ONE-CALL NOTICE SYSTEM: STATE-WIDE
ONE-CALL
Pursuant to Public Act 86-674 (codified as paragraphs 1601 through 1614 NOTICE
of Chapter 111-2/3 of the Illinois Revised Statutes) the Village is SYSTEM
required to join by July 1, 1991 a State-Wide One-Call Notice System.
Presently, the only such system in Illinois is the so-called J.U.L.I.E.
system (Joint Utility Locating Information for Excavators).
Trustee Payovich moved, seconded by Trustee Krafthefer to pass Resolution
No. R-534 as presented and waive the full reading thereof. Roll Call
Vote:
Ayes: 5-Trustees Shumate, Skinner, Bartecki, Krafthefer and Payovich.
Nays: 0-None
Abstain: 1-Trustee Winters. Motion carried.
C. RESOLUTION NO. R-535 RESOLUTION OF APPRECIATION - LIEUTENANT JOHN CRAIG: RES. R-535
LT. CRAIG
Trustee Winters moved, seconded by Trustee Payovich to pass Resolution
No. R-535 as presented. Voice Vote: Motion carried.
D. RE'SGLUTION NO. R-536 RESOLUTION OF APPRECIATION - CAPTAIN REID BRISTOW: RES. R-536
Trustee Skinner moved, seconded by Trustee Payovich to pass Resolution CPT. BRISTO
No. R-536 as presented. Voice Vote: Motion carried.
E. RESOLUTION NO. R-537 RESOLUTION OF APPRECIATION - SERGEANT ROBIN BRAY RES. R-537
AYLOR• SG1. AYLOR
Trustee Winters moved, seconded by Trustee Payovich to pass Resolution
No. R-537 as presented. Voice Vote: Notion carried.
F. RESOLUTION NO. R-538 RESOLUTION OF APPRECIATION - SM2 RICHARD N. BROWN: RES. R-53$
SM2 BROWN
Trustee Skinner moved, seconded by Trustee Payovich to pasq Resolution
Nor. R-538 as presented. Voice Vote: Motion carried.
7. DEPARTMENTAL REPORTS: No business.
8. UNFINISHED BUSINESS:
A. Oak Brook Hotel, Convention and Visitors Committee Request to Amend OBHCVC
Budget for Additional $11,000 in Funding for Oak Brook Hotels and ADVERTISING
Oakbrook Center Advertising Campai_an: CAMPAIGN
FUNDING
Trustee Bartecki moved, seconded by Trustee Winters to approve $11,000
from the budget surplus of fiscal year 1990-1991, to authorize
expenditure of $11,000 for gift certificates to promote tourist use of
VILLAGE OF OAK BROOK Minutes -3- June 25, 1991
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521.2255
708 990.3000
June 26, 1991 I.
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Mr. Larry L. Lincoln
General manager
J.U.L.I.s., Inc.
3033 W. Jefferson Street
Suite 215
Joliet, IL -60435
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Dear Mr. Lincoln f:
The Village Board of Trustees, at its meeting on June 25,. 1991, passed and
approved Resolution R-534, a Resolution to Participate in a State-Wide One-
Call Notice System, a certified copy of which is enclosed for your records.
Should you ha ,e any questions concerning this matter, please feel free to
contact me.
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Sincerely,
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john Brechin
'ilia attorney
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Enclosure
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521-2255
August 27, 1991 708. 990,3000
MNMO TO: Stephen Berley, Village Manager
SUBJBCT: J.U.L.1.X.
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You requested an update concerning the Village's membership in J.U.L.I.B. As
you know, the Village Board recently passed Resolution R--534, by which the
Village exercised its right to join J.U.L.I.S. as required by State statute,
but specifically reserved its rights concerning any approval of J.U.L.I.E. 's
By-Laws or operating procedures. On August 23, 1991, Land the other members
of the J.O.L.I..Z. sub-committee of the Illinois Municipal League Home'Rule
Attorneys Committee met to discuss the options available in light of
J.U.L.I.g. Is recent actions in declining to accept membership from communities
Who do not simultaneously approve J.U.L.I.B.'s By--Laws and operating
procedures. The consensus of the committee was that two .alternatives were
available:
(1) do nothing in light of the Attorney General opinion which
states that municipalities are not required to join J.U.L.I.S.
because this mandated cost has not been funded by the State of
Illinois. Implicit in this alternative is the recognition of a
need for corrective legislation to address indemnification and
other issues. in controversy between J.U.L.I.Z. and many
municipalities, or
(2) litigate J.U.L.I.B. 's right to reject municipalities seeking
to join since the statute in question makes no mention of
requiring municipalities to approve By-Laws, operating procedures,
or any other such documentation.- Although not expressly stated,
it seemed implicit that the Illinois Municipal League would be
willing to participate with any municipality wishing to litigate
these issues concerning J.U.L.I.B. membership.
Respectfully submitted,
J srech
Vill Attorney
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Jill, 1111 111 1