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R-2012 - 04/12/2022 - IDOT - Resolutions THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2022-PW-MOW-IGA-DU-R-2012 A RESOLUTION APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND DUPAGE COUNTY REGARDING MOWING ALONG COUNTY ROADS 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 12th day of April, 2022 RESOLUTION NO. 2022-PW-MOW-IGA-DU-R-2012 A RESOLUTION APPROVING AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND DUPAGE COUNTY REGARDING MOWING ALONG COUNTY ROADS WHEREAS, the Village of Oak Brook (hereinafter the "Village") is a municipal corporation with authority granted pursuant to the Illinois Constitution of 1970, to exercise certain powers and perform certain functions pertaining to its local government and affairs; WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, 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, the Village and DuPage County (hereinafter the "County") are units of local government as defined in the Intergovernmental Cooperation Act and within the meaning of the Article VII, Section 10 of the Illinois Constitution; WHEREAS, the Village desires to have grass in certain areas of the Village within the County's right-of-way cut more often to align with adjacent Village properties; WHEREAS, the County agrees to allow the Village to mow such grass within the County's right-of-way in certain designated areas as described in, and pursuant to the terms and conditions of the intergovernmental agreement between the Village and the County (the "Agreement") an accurate copy of which is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the Village President and Board of Trustees (collectively the "Corporate Authorities") have determined that it is in the best interests of the residents of the Village of Oak Brook to enter into the 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, Cook and DuPage 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 Agreement The President and Board of Trustees hereby approve the Agreement by and between the Village and the County in substantially the same form attached as Exhibit A, and in a final form acceptable to the Village Attorney. Section Three—Authorization and Direction 2 The Village Manager is hereby authorized to execute, and the Village Clerk is hereby authorized to attest the 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 the Agreement 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 Agreement and of this Resolution. Section Six -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 Seven— Effective Date This resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. Section Eight - Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Nine—Conflict Clause All resolutions, parts of resolutions or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Ten —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 Eleven— Recording 3 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 APPROVED THIS 12th day of April 2022. Gopal G. Lalmalani Village President PASSED THIS 12th day of April 2022. Ayes: Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf Nays: None Absent: None ATTEST: 0 F 044. JK Charlotte K. Pruss Village Clerk w COUNT•Y R�� 5 Exhibit A Agreement 6