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HomeMy WebLinkAbout24-243 Resolution No. 24-243 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH VILLAGE OF BARTLETT, VILLAGE OF BENSENVILLE,VILLAGE OF HANOVER PARK, VILLAGE OF ITASCA, VILLAGE OF ROSELLE, VILLAGE OF SCHAUMBURG, CITY OF WOOD DALE, COUNTY OF DUPAGE AND CITY OF ELGIN TO CONTINUE THE COALITION TO STOP CPKC (DB/A RAILWAY SAFETY& MONITORING COALITION)AND SHARING COSTS TO REPRESENT THE COMMON INTERESTS OF THE PARTIES RELATED TO THE MERGER OF THE CANADIAN PACIFIC RAILWAY AND KANSAS CITY SOUTHERN RAILROADS AS PROPOSED BE IT 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 an Intergovernmental Agreement on behalf of the City of Elgin with Village of Bartlett,Village of Bensenville,Village of Hanover Park,Village of Itasca,Village of Roselle, Village of Schaumburg, City of Wood Dale, County of DuPage and City of Elgin to continue the coalition to stop CPKC (d/b/a Railway Safety & Monitoring 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,a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby appointed to continue as the City of Elgin's representative to the CPKC coalition. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that up to $40,000 is hereby authorized for the City of Elgin's share of costs and expenses to be incurred by the CPKC coalition pursuant to the Intergovernmental Agreement. s/David J. Kaptain David J. Kaptain, Mayor Presented: October 23, 2024 Adopted: October 23, 2024 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk INTERGOVERNMENTAL AGREEMENT TO CONTINUE THE COALITION TO STOP CPKC (DBA RAIL- WAY SAFETY & MONITORING COALITION) OPPOSING MERGER OF THE CANADIAN PACIFIC RAIL- WAY AND KANSAS CITY SOUTHERN RAILROADS AS PROPOSED This Agreement is made this 23 day of October, 2024 ("Effective Date"), by and between the Village of Bartlett, the Village of Bensenville,the Village of Hanover Park, the Village of Itasca, the Village of Roselle, the Village of Schaumburg, the City of Elgin, the City of Wood Dale (collec- tively, the "Municipalities"), and the County of DuPage ("DuPage"). The Municipalities and Du- Page are referred to herein below collectively as the "Parties" and individually as a "Party." RECITALS WHEREAS, the Parties are municipal corporations; and WHEREAS, the Parties will be hereby known as Railway Safety & Monitoring Coalition; and 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 respective powers set forth in the "Illinois Mu- nicipal Code" (65 ILCS 5/5-1-1 et seq.), are authorized to enter into this Agreement; and WHEREAS, Article 7, Section 10 of the Illinois Constitution of 1971 and the Illinois Inter- governmental Cooperation Act 5 ILCS 220/1 et seq. allow units of local government to enter into intergovernmental agreements in the furtherance of their governmental purposes; and WHEREAS, effective April 14, 2023, the United States Surface Transportation Board ("STB")approved the merger of the Canadian Pacific and Kansas City Southern Railroads and their affiliated companies (the "CPKC Merger"); and WHEREAS, the approval of the CPKC Merger is expected to increase the number and length of freight trains on the section of the Milwaukee District West rail line that runs through the respective boundaries of the Parties by up to 300% within three years; and WHEREAS, the Parties agree that the increase of freight train traffic and longer trains run- ning through their communities may have a detrimental impact on the safety and quality of life for residents, economic development, and business operations for 300,000 residents and com- muters who traverse through these communities daily; and WHEREAS, in October 2022, the Parties formed a Coalition to represent their common interests during the merger process and now the seven-year merger oversight period instituted by the STB as a condition on its approval of the CPKC Merger; and WHEREAS, the Parties, in 2024 through December 31, 2025, desire to continue to share the costs and expenses related to communicating, managing, and representing the Coalition's interests in an amount not to exceed $40,000 per year for each Party; and WHEREAS, the Parties, in 2024 through December 31, 2025, desire to share the costs and expenses related to the unfunded mandates stipulated in the STB oversight period and will draw from Illinois SB0251, SA 2 Article 52 Section 825, "The sum of$1,235,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Com- merce and Economic Opportunity for a grant to Itasca for costs associated with the Coalition to Stop CPKC." AGREEMENT NOW, THEREFORE, pursuant to statutory authority and their powers of intergovernmen- tal cooperation, it is agreed by and among the Parties as follows: Incorporation of Recitals. The above recitals are hereby incorporated into and made a part of this Agreement. Coalition Continuation and Purpose.The Parties agree to continue to work as a Coalition to com- municate, manage, and represent the joint interests of the Coalition's members. The Coalition will retain legal,technical, and government affairs attorneys and consultants to advise in support of the shared interests of the Parties along the railroad, from Bensenville and ending in Elgin. Coordination.The Village of Itasca agrees to coordinate on behalf of all Parties in evaluating and retaining attorneys and consultants as agreed upon by the Parties and consistent with the afore- mentioned Coalition Continuation and Purpose, subject to future agreement of a majority of all parties. If the Village of Itasca leaves the Coalition, the remaining Parties shall assume all respon- sibilities for coordination. Cost Sharing. From 2024 through December 31, 2025, the Parties desire to continue to share the costs and expenses related to communicating, managing, and representing the Coalition's inter- ests in an amount not to exceed $40,000 per year for each Party. Also, the Parties, in 2024 through December 31, 2025, desire to share the costs and expenses related to the unfunded mandates stipulated in the STB oversight period and will draw from Public Act 103-0589, "The sum of $1,235,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Commerce and Economic Opportunity for a grant to Itasca for costs associated with the Coalition to Stop CPKC." The Coalition shall not be responsible for expenses associated with any work completed on behalf of an individual Party. The Coalition shall be responsible for establishing and approving the eligi- ble shared interests and associated costs and expenses. All materials produced by the Coalition, all data collected by or on behalf of the Coalition, and all reports, memoranda, and other docu- ments produced by the attorneys and consultants retained by the Coalition shall be the property of the Coalition,which each member shall have the right to access and use in efforts that advance the objectives of the Coalition. Payment.The Coalition will provide the Parties with invoices reflecting each Party's responsibil- ity. All Parties agree to pay their respective invoices within 45 days of receipt. Failure to timely pay the invoices will result in the matter being brought before the Coalition for review and reso- lution,which may include consideration of terminating or suspending the Party's participation in Coalition activities and access to Coalition work product. Termination. If a Party wishes to leave the Coalition, it may do so by submitting a 30-day written notice to the Coalition and the Village of Itasca. After the written notice is received by the Coali- tion and the Village of Itasca,the exiting Party shall pay any remaining balance of shared Coalition costs on or before the expiration of the 30-day period and, upon such payment, shall no longer be responsible for the decisions made and costs incurred by the Coalition after the date payment is received. Representations. Each Party represents to the other that it has obtained all necessary approvals, consents, and authorizations to enter into this Agreement;the person executing this Agreement on behalf of their Party has the authority to do so; upon execution of this Agreement by the Parties, it is valid and binding, enforceable in accordance with its terms; and the execution, de- livery, and performance of this Agreement does not violate any bylaw, charter, regulation, law, or any other governing authority of the Party. The parties hereby enter into this Agreement as of the Effective Date. Village of Itasca City of Wood Dale By: By: Name: Jeffrey Pruyn Name: Nunzio Pulice Title: Mayor Title: Mayor Date: Date: Village of Bensenville Village of Roselle By: By: Name: Frank DeSimone Name: David Pileski Title: Village President Title: Mayor Date: Date: Village of Bartlett Village of Hanover Park By: By: Name: Kevin Wallace Name: Rodney Craig Title: Village President Title: Village President Date: Date: City of Elgin 7 Village of Schaumburg By: By: Name: David Kaptain Name: Tom Dailly Title: Mayor Title: Village President Date: October 23, 2024 Date: County of DuPage By: Name: Deborah Conroy Title: County Board Chair Date: