R-1858 - 01/28/2020 - PUBLIC WORKS - Resolutions ITEM 6.C.7
BOARD OF TRUSTEES MEETING
VILLAGE of SAMUEL E. DEAN BOARD ROOM
OAK B R- , K BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
January 28, 2020
SUBJECT: Intergovernmental Agreement and License Agreement Between the Forest
Preserve District of DuPage County and Village of Oak Brook Providing
for the Construction of Parking Lot Entrance and Trail Improvements
Within a Portion of the York Woods Forest Preserve.
FROM: Doug Patchin, Director of Public Works
Rick Valent, Public Works Superintendent
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move that the Village Board approve Resolution R-
1858, an Intergovernmental Agreement and License Agreement Between the
Forest Preserve District of DuPage County and Village of Oak Brook
Providing for the Construction of Parking Lot Entrance and Trail Improvements
Within a Portion of the York Woods Forest Preserve.
Background/History: As part of the York and Harger Intersection Improvements, the
Forest Preserve District and Village desire to work cooperatively on the construction and
improvements to a parking lot entrance and trail within York Woods Forest Preserve.
This work will improve the existing trail system and provide numerous public benefits,
including directly serving the transportation and recreational needs of the region's
residents, linking those individuals to hundreds of acres of public open space, existing trail
systems, parks, businesses as well as provide alternative means of transportation for
individuals commuting to work, shopping, recreation and other destinations.
Recommendation: That the Village Board approve Resolution R-1858, an
Intergovernmental Agreement and License Agreement Between the Forest Preserve
District of DuPage County and Village of Oak Brook Providing for the Construction of
Parking Lot Entrance and Trail Improvements Within a Portion of the York Woods Forest
Preserve.
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THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
RESOLUTION
2020-PW-FPD-LC-AG-R-1858
A RESOLUTION
APPROVING AND AUTHORIZING
AN INTERGOVERNMENTAL AGREEMENT
AND LICENSE AGREEMENT
BY AND BETWEEN
THE VILLAGE OF OAK BROOK, ILLINOIS AND
THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
JOHN 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
RESOLUTION 2020-PW-FPD-LC-AG-R-1858
A RESOLUTION
APPROVING AND AUTHORIZING
AN INTERGOVERNMENTAL AGREEMENT
AND LICENSE AGREEMENT
BY AND BETWEEN
THE VILLAGE OF OAK BROOK, ILLINOIS AND
THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY
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 Forest Preserve District(hereinafter referred to as the "Forest Preserve")
owns certain property commonly known as the York Woods Forest Preserve (hereinafter referred
to as "York Woods");
WHEREAS, the Village is responsible for the maintenance of Harger Road and the
existing trail within Harger Road and York Road rights-of-way;
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WHEREAS, the Forest Preserve maintains an existing asphalt multi-purpose trail within
York Woods;
WHEREAS, the Village and Forest Preserve desire to work cooperatively on the
construction of the project generally referred to as the Harger Road Intersection Improvement
Project, which includes but is not limited to the parking lot entrance improvements and trail
improvements within York Woods (the improvements within York Woods are hereinafter referred
to as the "Project");
WHEREAS,the Project will provide numerous public benefits, including(a)directly serving
the transportation and recreational needs of the region's residents; (b) linking those individuals to
hundreds of acres of public open space, existing trail systems, parks, businesses; and (c)
providing an alternative means of transportation for individuals commuting to work, shopping,
recreation and other destinations;
WHEREAS, the Parties desire to enter into agreements outlining and defining their
respective roles in relation to the completion of the Project; 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 and License 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 and License Agreement
The Village hereby approves the Intergovernmental Agreement, substantially in the form
attached hereto and made a part hereof collectively as Exhibit A, and the License Agreement,
substantially in the form attached hereto and made a part hereof as Exhibit B (collectively referred
to herein as the ("Agreements")which authorize the construction of the project generally referred
to as the Harger Road Intersection Improvement Project, which includes but is not limited to the
parking lot entrance improvements and trail improvements within York Woods.
Section Three—Authorization and Direction
The Village President is hereby authorized to execute, and the Village Clerk is hereby
authorized to attest the Agreements, substantially in the form of such agreements attached hereto
as Exhibit A and Exhibit B, 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 Agreements.
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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.
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.
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APPROVED THIS 28th day of January, 2020
.rr rP a
Gopal G. Lalmalani
Village President
PASSED THIS 28th day of January, 2020
Ayes: Trustee Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
Nays: None
Absent: None
Pvti �O 0 ATTEST:
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Charlotte K. Pruss
C-1 �� Village Clerk
C�00 tj t't
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Exhibit A
Intergovernmental Agreement
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