HomeMy WebLinkAbout22-146 Resolution No. 22-146
RESOLUTION
AUTHORIZING EXECUTION OF AN ADDITIONAL INTERGOVERNMENTAL
AGREEMENT WITH COUNTY OF DUPAGE, THE VILLAGE OF ITASCA, THE CITY OF
WOOD DALE,THE VILLAGE OF ROSELLE, THE VILLAGE OF BENSENVILLE, THE
VILLAGE OF BARTLETT, THE VILLAGE OF HANOVER PARK, AND THE VILLAGE OF
SCHAUMBURG FORMING THE STOP CPKC COALITION AND SHARING COSTS TO
REPRESENT THE COMMON INTERESTS OF THE PARTIES RELATED TO THE
MERGER OF THE CANADIAN PACIFIC AND KANSAS CITY SOUTHERN RAILROADS
WHEREAS, on March 9, 2022, the City of Elgin entered into an Intergovernmental
Agreement with Village of Itasca, the City of Wood Dale, the Village of Roselle, the Village of
Bensenville,the Village of Bartlett,the Village of Hanover Park, and the Village of Schaumburg,
(the"Municipalities")forming the stop CPKC coalition and sharing costs to represent the common
interests of the parties related to the merger of the Canadian Pacific and Kansas City Southern
Railroads; and
WHEREAS, the County of DuPage wishes to join with the Municipalities with respect to
the stop CPKC coalition pursuant to an additional intergovernmental agreement between the
Municipalities and the County of DuPage, a copy of which is attached hereto and made a part
hereof by reference.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City
Clerk, be and are hereby authorized and directed to execute the additional intergovernmental
agreement on behalf of the City of Elgin with the Municipalities and the County of DuPage,a copy
of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 10, 2022
Passed: August 10,2022
Vote: Yeas: 8 Nays: 0
Recorded: August 10, 2022
Published: August 10, 2022
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DUPAGE AND THE
FOLLOWING MUNICIPALITIES:
THE VILLAGE OF ITASCA,THE CITY OF WOOD DALE,THE VILLAGE OF ROSELLE, THE VILLAGE
OF BENSENVILLE,THE VILLAGE OF BARTLETT,THE CITY OF ELGIN,THE VILLAGE OF
HANOVER PARK AND THE VILLAGE OF SCHAUMBURG FOR DUPAGE TO JOIN THE STOP CPKC
COALITION OPPOSING MERGER OF THE CANADIAN PACIFIC RAILWAY AND KANSAS CITY
SOUTHERN RAILROADS AS PROPOSED
This Intergovernmental Agreement (hereinafter referred to as "AGREEMENT') is entered into this
10 day of Au sugu t , 2022, between the County of DuPage, a body corporate and politic (hereinafter
referred to as"DUPAGE"),with offices located at 421 N.County Farm Road,Wheaton,IL 60187 and the Village
of Itasca, the City of Wood Dale, the Village of Roselle, the Village of Bensenville, the Village of Bartlett, the
City of Elgin, the Village of Hanover Park and the Village of Schaumburg, municipal corporations (hereinafter
referred to as "MUNICIPALITIES"). DUPAGE and the MUNICIPALITIES are hereinafter sometimes
individually referred to as a"party"or together as the"parties."
WHEREAS, DUPAGE, by virtue of its powers set forth in the"Counties Code"(55 ILCS 5/5-1005 and
the MUNICIPALITIES by virtue of their powers set forth in the "Illinois Municipal Code" (65 ILCS 5/5-1-1
et seq.)are authorized to enter into this AGREEMENT;and
WHEREAS, a cooperative intergovernmental agreement is appropriate and such an agreement is
authorized and encouraged by Article 7, Section 10 of the Illinois Constitution and Intergovernmental
Cooperation Act(5 ILCS 220/1 et seq.); and
WHEREAS, DUPAGE and MUNICIPALITIES are public agencies as that term is defined in the
Intergovernmental Cooperation Act,(5 ILCS 220/1 et seq.); and
WHEREAS, the Illinois General Assembly has granted DUPAGE authority to appropriate and expend
funds from the county treasury for economic development purposes as deemed necessary or desirable for the
promotion of economic development in the county (55 ILCS 5/5-1005); and
WHEREAS,the Canadian Pacific Railway(CP)currently traverses the Villages of Bartlett,Hanover Park,
Roselle,Itasca,Bensenville,the City of Wood Dale and unincorporated Bloomingdale Township,all communities
located, in whole or in part, within DuPage County with a combined population of over 150,000; and
WHEREAS, CP operates on average of three(3)freight trains per weekday across eighteen(18)at-grade
street crossings, including four(4)DUPAGE highways; and
WHEREAS, CP operates along Metra's Milwaukee District West commuter rail service line which had
an average daily ridership in 2019 of 16,175; and
WHEREAS, on October 29, 2021, CP and Kansas City Southern (KCS) filed an application with the
Surface Transportation Board (STB) seeking authorization from the STB for CP to acquire KCS (hereinafter
"MERGER");and
WHEREAS, with an approval of the MERGER, freight train traffic on the CP through the
MUNICIPALITIES will increase by more than 300% in the first three years; and
WHEREAS, the increase of freight train traffic and train lengths through the communities in DuPage
County will have a detrimental impact on business operations,economic development,economic stability and the
quality of life for almost 150,000 DuPage residents; and
WHEREAS, the MERGER as proposed will result in many identified adverse impacts including, but not
limited to,increased vehicle delays at crossings,potential Metra commuter rail schedule changes,increased noise,
and air quality concerns due to increased train traffic as well as truck emissions associated with a significant
increase in rail car handling and transport; and
WHEREAS,DUPAGE and MUNICIPALITIES share common interests such as protecting the economic
interests of residents and businesses,including preventing this MERGER from occurring as proposed;and
WHEREAS, the MUNICIPALITIES have previously entered into an intergovernmental agreement
forming a Coalition to represent their common interests in the merger proceedings pending before the STB
("COALITION IGA");and
WHEREAS, the MUNICIPALITIES have agreed to share in the costs related to assessing, reviewing,
evaluating,communicating,and representing the Coalition's interests; and
WHEREAS, DUPAGE is a county without home rule authority and is limited to those powers expressed
or implied by statute or the Illinois Constitution; and
WHEREAS, on March 8, 2022, the DuPage County Board passed a Resolution opposing the MERGER
as currently proposed by CP and KCS and granting the Chairman of the DuPage County Board authority to
execute any documents necessary to join the Coalition and to financially participate with the Coalition in an
amount not to exceed $100,000 for any costs allowed under state law.
1.0 INCORPORATION
1.1 All recitals set forth above are incorporated herein and made part thereof, the same constituting
the factual basis for this AGREEMENT.
2.0 RESPONSIBILITIES AND RIGHTS OF PARTIES
2.1 All parties agree the terms of the COALITION IGA shall remain in effect for the
MUNICIPALITIES who entered the COALITION IGA, and if any terms are in conflict between
the COALITION IGA and this AGREEMENT, the terms of the COALITION IGA shall prevail.
This additional AGREEMENT is necessary for DUPAGE to legally join the Coalition. As
DUPAGE is not a party to the COALITION IGA, no terms in the COALATION IGA apply to
DUPAGE, unless expressly specified in this AGREEMENT.
2.2. DUPAGE is entitled to one representative who shall make decisions and may vote in furtherance
of duties and purposes of the Coalition as a full voting member of the Coalition. If DuPage wishes
to leave the Coalition, it may do so by submitting a 30 days' written notice of said termination to
the MUNICIPALITIES. DUPAGE would then pay the remaining balance of costs it owed to the
Coalition that accrued on or before DUPAGE's notice of termination. DUPAGE is not responsible
for any costs accrued after said notice of termination has been given.
2.3 DUPAGE acknowledges that the Village of Itasca has agreed to take the lead to coordinate on
behalf of all parties in the Coalition, including invoicing all parties. Each party agrees to pay or
dispute the party's invoices within 45 days of receipt. The parties agree that DUPAGE shall not
be responsible for expenses which exceed or conflict with DUPAGE's statutory authority.
2.4 The Coalition is responsible for establishing and approving eligible interests along with associated
costs and expenses. The MUNCIPALITIES agree that the DUPAGE share of Coalition expenses,
not to exceed$100,000, must be limited to costs incurred for expert testimony,data collection and
technical analysis of traffic congestion and delays,assessment of crossing improvement needs and
costs,and determination of the economic impacts of the MERGER as proposed.
3.0 AUTHORITY TO EXECUTE/RELATIONSHIP
3.1. The parties hereto have read and reviewed the terms of this AGREEMENT and by their signature
as affixed below represent that the signing party has the authority to
execute this AGREEMENT and that the parties intend to be bound by the terms and conditions
contained herein.
4.0 COUNTERPARTS
4.1 This AGREEMENT may be executed in two (2) or more counterparts, each of which shall be
deemed an original and all of which shall be deemed one in the same instrument.
4.2 Electronic signatures are permitted upon this document by affixing a photograph of the
signatories' signature and electronic copies of this document shall be deemed to be an original.
IN WITNESS whereof, t parties set their hands and seals as of the date first written above.
U I'Y O DU PA E CITY OF ELGIN
i4:2ff"
By:
David J. Ka n,M or
Daniel J. Cronin
Chairman, DuPage County Board
ATTEST:
City Clerk