IGA Oak Brook Park District- Policing of Park Property 06-14-1994 INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF OAK BROOK AND THE OAK BROOK
PARK DISTRICT REGARDING POLICING OF PARK PROPERTY
THIS AGREEMENT is entered into by and between the OAK BROOK
PARK DISTRICT (hereinafter referred to as the "District") and the
VILLAGE OF OAK BROOK (hereinafter referred to as the "Village") ,
both municipal corporations located in the Counties of Cook and
DuPage, State of Illinois;
W I T N E S S E T H•
WHEREAS, the Illinois Constitution provides that units of
local government and school districts may contract to share
services through intergovernmental agreements, Ill.Const. , Art.
VII, §10 (1970) ; and
WHEREAS, Illinois statutes provide that public agencies may
share powers through intergovernmental agreements, Ill .Rev.Stats. ,
ch. 127, §173 (1989) ; and
WHEREAS, the District desires that its laws, ordinances, rules
and regulations be enforced by the Village within its parks,
grounds and facilities; and
WHEREAS, the Village operates a police force including police
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officers and required vehicles and equipment; and
WHEREAS, the Village has determined that it is feasible and
appropriate that its police officers enforce the laws, ordinances,
rules and regulations of the District within its parks, grounds and
facilities within the corporate limits only of the Village; and
WHEREAS, the Village and the District wish to associate,
cooperate and share services to achieve the goals and objectives
expressed herein and to enter into an intergovernmental agreement
that so provides,
NOW, THEREFORE, in consideration of the mutual agreements and
covenants contained in this Agreement, the District and the Village
agree as follows:
Section 1: Village police officers shall be authorized at all
times to enforce the laws, ordinances, rules and regulations of the
District upon the parks, grounds and facilities of the District
within the corporate limits of the Village and to sign and file
complaints for any violation thereof. Under this provision, no
Village police officers, vehicles or equipment shall be
specifically designated for park patrol, but rather in the normal
course of patrol and on call, the Village police officers shall so
enforce the laws in the parks, grounds and facilities of the
District. The District shall make no payment to the Village for
the enforcement services as set out in this Section.
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Section 2 : The police officers of the Village shall remain
under the command of the Village's Chief of Police at all times.
Section 3 : This Agreement shall not be construed as to limit
in any way the authority or ability of the police officers of the
Village to enforce the laws of the Village, State of Illinois and
United States as otherwise authorized by applicable law, either on
or off of the property of the District.
Section 4 : Members of the Village Police Department, acting
hereunder to enforce the laws on District property, shall be
conservators of the peace within and upon such parks and property
controlled by the District and shall have the power to make arrests
on view of the offense, or upon warrants, for violation of any of
the laws, rules or ordinances of the District, or for any breach of
the peace, in the same manner as police in cities or villages
organized and existing under the general laws of the State of
Illinois.
Section 5: The prosecutor for the Village shall prosecute any
citation written by a police officer alleging violation of a
District law, ordinance, rule or regulation, and is hereby
authorized to represent the District with reference thereto. The
District shall pay the prosecutor for the prosecutor' s service
hereunder. The District shall pay over all fines and revenue
collected hereunder to the Village within 30 days of receipt
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thereof, it being the agreement of the parties that such revenues
will help reimburse the Village for the expense it incurs
hereunder.
Section 6: (a) The District shall protect, indemnify, save,
defend and hold forever harmless the Village and/or its officers,
employees and agents from and against all liabilities, obligations,
claims, damages, penalties, causes of action, costs and expenses,
including without limitation court costs, insurance deductibles and
attorney's fees and expenses, which the Village and/or its
officers, employees and agents may incur, suffer or sustain, or for
which the Village and/or its officers, employees and agents may
become obligated by reason for any accident, injury to or death of
persons or loss of or damage to property, or civil and/or
constitutional infringement of rights (specifically including
violations of the Federal Civil Right Statutes) , arising indirectly
or directly in connection with or under, or as a result of, this
Agreement 1) solely by virtue of any act or omission of any of the
Park District's officers, employees and/or agents, or 2) by virtue
of any joint act and/or joint omission of the police officers of
the Village and the District.
(b) The District shall not protect, indemnify, save, defend
and hold forever harmless the Village and/or its officers,
employees and agents from and against all liabilities, obligations,
claims, damages, penalties, causes of action, costs and expenses,
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including without limitation court costs, insurance deductibles and
attorney's fees and expenses, which the Village and/or its
officers, employees and agents may incur, suffer or sustain, or for
which the Village and/or its officers, employees and agents may
become obligated by reason for any accident, injury to or death of
persons or loss of or damage to property, or civil and/or
constitutional infringement of rights (specifically including
violations of the Federal Civil Right Statutes) , arising indirectly
or directly in connection with or under, or as a result of, this
Agreement solely by virtue of any act and/or omission of any of the
Village's officers, employees and/or agents.
Section 7: If any of this Agreement is held to be invalid for
any reason, such invalidation shall not render invalid other
provisions of this Agreement which can be given effect without the
invalid provision.
Section 8: This Agreement shall be effective when executed by
the District and Village. Unless otherwise terminated by either
party, the Agreement shall be effective for a term of one (1) year
and be automatically renewed for successive terms of one (1) year
each unless either party notifies the other in writing of non-
renewal at least ninety (90) days before the end of the applicable
term.
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Section 9: Either party hereto may terminate this Agreement
for any violation of its terms by providing the offending party
within thirty (30) days advance written notice. Either party
hereto may also terminate this Agreement for any reason or no
reason at all by giving the other party at least ninety (90) days
advance written notice.
Section 10: Any other agreement or agreements between the
parties hereto concerning the subjects hereof are terminated and
cancelled upon approval hereof, and this Agreement shall be the
only agreement between the parties regarding the subject matter
hereof.
Section 11: Notice or other writings which any party is
required to, or may wish to, service upon any other party in
connection with this Agreement shall be in writing and shall be
delivered personally or sent by registered or certified mail,
return receipt requested, postage prepaid, addressed as follows:
(1) If to the Village or
Corporate Authorities:
Village President
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
With a copy to:
Richard Martens, Village Attorney
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
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(2) If to the Park District:
Jon D. Sommer, Executive Director
Oak Brook Park District
1300 Forest Gate Road
Oak Brook, Illinois 60521
With a copy to:
Kenneth T. Kubiesa, Esq.
Kubiesa, Power & Adams, Ltd.
Two TransAm Plaza Drive
Suite 370
Oakbrook Terrace, IL 60181
or to such other address as any party may from time to time
designate in a written notice to the other parties.
Section 12: This Agreement shall be construed in accordance
with the laws and constitution of the State of Illinois.
IN WITNESS WHEREOF, the undersigned governments have caused
this Agreement to be duly executed this /"41 day of
_J-UIV4 , 1994.
VILLAGE OF OAK BROOK, a
municipal corporation,
By:
V 1 age President �
ATTEST.
`t
BY
Vill ge Clerk
OAK BROOK PARK DISTRICT, a
municipal corporation,
B
President r �
A E t
By::
Se etary
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Oak Brook PARK DISTRICT RESOLUTION APPROVING
INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE
OF Oak Brook AND THE Oak Brook PARK DISTRICT REGARDING
POLICE PATROL OF PARK PROPERTY
WHEREAS, the Oak Brook Park District desires to have the Oak
Brook Village Police enforce park rules on park property, and
whereas the Village of Oak Brook has indicated by approval of the
subject Intergovernmental Agreement, its agreement to enforce the
park rules of the Oak Brook Park District.
NOW, THEREFORE, BE IT RESOLVED by the Board of Park
Commissioners of the Oak Brook Park District, Oak Brook, DuPage
County, Illinois, as follows:
1. The Oak Brook Park District board of Park Commissioners
hereby approves on behalf of the Oak Brook Park District that
Intergovernmental Agreement between the Village of Oak Brook and
the Oak Brook Park District regarding police patrol of park
property, a copy of which is attached hereto, incorporated here as
Exhibit A, and agrees to the terms and conditions there and set
forth.
2 . The President and Secretary of the Oak Brook Park District
Board of Park Commissioners are hereby authorized and directed to
execute said Intergovernmental Agreement on behalf of the Oak Brook
Park District.
3 . That the Intergovernmental Agreement herein approves,
supersedes and replaces any other Intergovernmental Agreements
concerning Police enforcement of park rules on park property, and
any ordinances or resolutions or any parts of ordinances or
resolutions that in any way conflict with this resolution are
hereby repealed.
Approved this 11th day of July , 1994 .
Ayes: John Lindquist, Frank Madda, Michael Martin & John O'Brien.
Nayes: None
Absent: John O' Shea
esident, Board of Park Commissioners
At-t
of the Oak Brook Park District
st
Se eta , -Board of Park Commissioners
of (he)ak Brook Park District
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