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10-16Resolution No. 10-16 RESOLUTION RATIFYING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE PLATO TOWNSHIP ROAD DISTRICT AND THE VILLAGE OF CAMPTON HILLS REGARDING SNOW PLOWING AND ROAD DE-ICING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of an Intergovernmental Agreement with the Plato Township Road District and the Village of Campton Hills by Ed Schock, Mayor, and Diane Robertson, City Clerk, regarding snow plowing and road de-icing, a copy of which is attached hereto and made a part hereof by reference. Presented: January 13 , 2010 Adopted: January 13 , 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk s/ Ed Schock Ed Schock, Mayor 12/23 /09 INTERGOVERNMENTAL AGREEMENT BY AND BET\VEEN PLATO TOWNSHIP ROAD DISTRICT, CITY OF ELGIN. AND VILLAGE OF CAMPTON HILLS THIS AGREEMENT made and entered in to as of the 23rd day of December, 2009, by and between the Plato Township Road District, a unit of Township Government (the "Road District"), 10N924 Rippburger Road, Plato Center, IL 60 124; the City of E lgin, an Illinois Home Rule municipality, 150 Dexter Court, Elgin, Illinois 60120 (the "City"); and the Village of Campton Hills, an Illinois Municipal Corporation (the "Village"), 40W 115 Campton Crossing Drive, Un it B, Campton Hills, IL 60 175. Th e Road District, the City, and the Vill age may each individually be referred to herein as a "Party," and are sometim es herein r eferred to collectively as the "Parties." WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois authorizes units of local government, such as townships and municipalities, to contract o r othe1wise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., provides that any powers, privileges or authority exercised or which may be exercised by a unit of local govenm1ent, such as a township and/or a municipality, may be exercised and enjoyed jointly with any other unit of local government; and WHEREAS, the Road District, the City, and the Village are units of local government under the laws of the State of Illinois, and li e at least in part within the corporate boundaries of Kane County, Illinois; and WHEREAS, the Parties are contiguous or in close proximity each to the other and tlu·ough incorporation and annexation, the City and the Village have over the past few years removed from Road District jurisdiction various highways, or portions of highways; and WHEREAS, the Parties desire to reach an understanding amo ng themselves as to the current jurisdiction of such highways, for policing, for routine maintenance, and for long-term planning purposes; and WHEREAS, the Parties desire to cooperate with each other fo r such purposes as snow plowing and road de-icing, to achieve practicality in the delivery of governmental services, to avoid duplication of services, and to reduce costs to the taxpayers of each unit of governmental, where practical to do so; and WHEREAS, the Paiiies desire to reduce to writing their understandings and agreements regarding jurisdiction of roadways in their area, and delivery of services in regard thereto, for future reference. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES CONTAINED HEREIN AND OTHER GOOD AND VALU ABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH rs HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: 1. The Parties agree that as of the date of this Agreement each has jurisdiction of certain highways in Plato Township, Kane County, Illinois, as s et forth on the attached Exhibit A. The parties understand and agree that the map set fo1ih in the attached Exhibit A is not to scale and is intended only as a graphic representation of the current jurisdictions of the Parties to this Agreement. 2. Except for snow-plowing and road de-icing, on highways otherwise specified herein, each of the Parties shall have and retain the authority to regulate the use of, and to provide such maintenance of, the highways, including the highway shoulders, and roadside ditches, under its respective jurisdiction as it shall deem necessary and advisable, at its sole expense, and in its sole discretion. 3. The Parties further agree that each party shall provide snow plowing and/or road de-icing services for highways under the jurisdiction of the other Parti es to th i s Agreement at its expense as follows: A. The Road District shall provide snow plowing and de-icing services for the following highway(s): 1. For highways otherwise falling under the jurisdiction of the Village: Muirhead Road (adjacent to Head Properties and to the Seyller Prope1iy) Lenz Road (between Dittman Road and Crawford Road) 2. For a highway otherwise falling under the jurisdiction of the City: Crawford Road (from Lenz Road no1ih to creek) B. The Village shall provide snow plowing and de-icing services for the following highway(s) 1. For highways otherwise falling under the jurisdiction of the Road District: --McDonald Road (from Burlington Road west to Township line) --McDonald Road (from western boundary of Hartmann Fam,, east to Dittman Road) --McDonald Road (from Dittman Road, east to intersection with fu ture Elgin ROW; and adjacent to Cartee Property) 2. For highways otherwise falling under the jurisdiction of the City: 2 McDonald Road (from Crawford Road west to western boundary of PIN: 05- 34-400-027, and across future right-of-way (into Glenwood Property). C. The City shall provide snow plowing and de-icing services for the following hi ghways: 1. For highways otherwise falling under the jurisdiction of the Road District: Crawford Road (from north boundary of Stony Creek Ann.exation to south boundary ofKrup Farm) McDona ld Road (East of Con-on Road, adjacent to PIN 05-35-400-020 and 05- 35-400-021.) 2. For highways otherwise falling under the jurisdiction of the Village: Crawford Road (from south boundary ofKrup Fa1m north to Village boundary at south line of PIN: 05-35-100-005 . McDonald Road from the eastern border of City where it meets the border of Arlington Estates Subdivision, easterly to Falcons Trail. The various highway areas described in this Section 3 are depicted on the attached Exhibit B . 4. For snowfalls of 4" or less it shall be the goal of the Parties to have the snowfall cleared from the highways within four (4) hours after the snowfall ceases. For snowfalls of more than 4" up to 8" it shall be the goal of the Parties to have the snowfall cleared from the highways within twelve (12) hours after the snowfall ceases. For snowfalls of more than 8" it shall be the goal of the Parties to have the snowfall cleared from the highways within twenty-four (24) hours after the snowfall ceases. 5. The tem1 of this Agreement shall be for a period often years following the date of execution by the last of the Paities to this Agreement to execute it. This agreement may be te1minated by any party at any time, upon wri tten notice to the other Parties delivered to the Clerks of the other Parties not less than thi1iy (30) days prior to the tem1ination date. 6. Each party shall take such steps as are necessary under the law to approve of, and to authorize the execution and deli very of, this Agreement. The Village, the City and the Road District shall deliver to one another a certified copy of any Ordinance or Resolution authorizing such approval and enacted by its Board of Trustees, City Council and the Road District, promptly after enactment. 7. Immunities and Remedies. It is agreed and understood by the parties hereto that the snow plowing and/or road de-icing services respectively for the highways referred to in this Agreement are general services on l y and that no special duties or obligations are intended nor shall be deemed or construed to be created by this Agreement. It is further agreed and understood that this Agreement is not intended nor shall be construed to alter, limit, or constitute 3 a waiver of any of the civil immunities afforded the City, the V illage, and/or the District and /or their officials, officers, employees and/or agents pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, and /or otherwise provided by law, it being agreed that all of the civil immunities as set forth in such Act, as amended, and/or as otherwise provided by law shall fully apply to any claims asse11ed or which might be asserted against the City, the Village and/or the Road District and/or the respective officials, officers, employees and/or agents as a result of this Agreement or any actions of the parties pursuant to this Agreement. W ithout limiting the foregoing, it is further agreed and understood that the City, the Vi Hage and/or the District and/or their respective officials, officers, employees and/or agents as a result of this Agreement or any actions of th e pa11ies pursuant to this Agreement shall not be liable to any other person or entity for an injury caused by the effect of weather conditions on any streets, highways, alleys, sidewalks or other public ways, or places, or the ways adjoining any of the foregoing, or the signals, signs, markings, traffic or pedestrian control devices, equipment or structures on or near any of the foregoing, or the ways adjoining any of the foregoing. Notwithstandin g anything to the contrary in this Agreement, it is agreed and understood that no third party beneficiaries are intended or shall be construed to be created by the provisions of this Agreement and it is the intention of the pai1ies hereto that no action may be commenced by any person or entity against the City, the Village and/or the Road District and/or their respective officials, officers, employees, agents and/or related persons or entities for monetary damages for any alleged breach of this Agreement and/or failure to provide services described in tlus Agreement. The provisions of this section shall survive any expiration and/or termination of this Agreement. 8. The City and/or Village shall promptly, after any formal action has been taken in regard thereto, notify the Highway Commissioner of the Road District of any annexations or disconnections affecting any of the highways in Plato Township otherwise under Road District jurisdiction. 9. This Agreement may be amended at any time by the mutual consent of the pai1ies hereto, expressed in a written instrument executed and delivered with the same fonnality with which this instrument was executed and delivered. 10. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason he ld to be contrary to l aw, or contrary to any rule or regulation having the effect or force of law, such decision sh all not effect the remaining portions or the Agreement. Provided, however, that upon the occurrence of any such event, any party may then tenninate this Agreement fo11hwith, upon delivery of a written notice of tennination to the Clerk of the other entities within thirty (30) days of said decision. 4 11. This Agreement is subject to and shall be governed by the laws of the State of Illinois. Venue of any action to enforce the terms and provisions of this Agreement shall lie in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. 12. The failure by a party to enforce any provision of this Agreement against the other party shall not be deemed a waiver of the ri ght to do so thereafter. 13. This Agreement contains the entire Agreement and understanding of the parties hereto with respect to the subject matter as set forth herein, all prior agreements and understandings having been merged herein and extinguished hereby. 14. This Agreement is and shall b e deemed and construed to be a joint and collective work product of the parties and, as such, this Agreement shall not be construed again st any other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms and provisions contained herein. 15. The parties agree that in the event of a default by another party, a party shall, prior to taking any such actions as may be available to it, provide written notice to the defaulting parties stating that they are giving the defaulted patty fomteen (14) days within which to cure such default. If such default shall not be cured within the fourteen (14) day period aforesaid, then the party giving such notice shall be pennitted to avail itself ofremedies to which it may be entitled under law. Notwithstanding anything to the contrary in this Agreement, no action may be commenced by any party h ereto against any other party hereto for monetary damages for any alleged breach of this Agreement. Such provision shall survive any expiration and/or termination of this Agreement. 16. This Agreement may be executed in any number of counter-parts, each of which counter-paits, when executed and deli vered, shall b e deemed to be an original and all of which counter-parts, taken together, shall constitute one in the same instrument. [SIGNATURE PAGE FOLLOWS] 5 IN WITNESS WHEREOF, the parties h er e to have exec ute d this Agreement on the day and year first above written. PLATO TOWNSHIP ROAD DISTRICT By: o~~~ /Jerome Hulke Highway Commissioner Attest: 1 ' J t,, a4~ /1/ ~ Richard Parsons District Clerk CITY OF ELGIN By•a, i I ~_L Attest: Edward Schock Mayor be, A """""'--~\..._.•AL~ • City Clerk VILLAGE OF CAMPTON HILLS By• ~~\)i;q:k Village President Attest ~ 4 ' ~ ~ I'.:- . Carolyn Hi ggins J Village Clerk F:\Legal Dept\Agreementllntergovemmental Agr-Elgin -Campton-Plato clean 12-2 3-09-WAC.docx 6 EXHIBIT A 7 - t=:~C\ v----,..,..L----·--- ,- - ._ <-'jt ... ,.A-!.'.! ./., ,,...,. ' , . 1· ~...... ',..__ ... ~ \' ·t"' --.. ~" -- Q 200S M a pOtJ..,t Inc. 0 ~V0r Gree ·· -:.~fi~f(jllg .:100 m , 120 0 ft, I·~ ,,:,- Ii l .1 4 00 m 1200 ft J,/ iou --~•-\ Srt"br/J; ~~--' ;/ -(~a_!(l_~<y r I,; . ..:,.11'iy '%, ~= ... , //;-.,, :_ -f ·,:,. , ~.r.~¥.~~7 ~'"-\·, ii ---= "-'~:i=., I ----->·· _.J r, .1>-~f-~/~ .. , ___ ). t--·---·· ./' _ .. -.......... ,.....,._ ____ c _.,_.,,. ~ ' " " ,, 1.:100 m j 1200 f t ~ I' ._. ,,_..s #-' &~~---·.~ ·e· ', ,!; --· \ \ \ ··, \ . Sf.°"ycr.<:"-1<.. , .......... --:._,./' I .'i • •• I,• _ -+r,~.: ,,r-,,ap Data :, 2009 N~vrc: -~-. ' 11 .Q or J :Oi•iM•• EXHIBIT B MAP OF HIGHWAYS TO BE PLOWED 8 3 a! ~ , <:- ~ A ~ MCQQN, "-9.-1' f Roadway Jurisdiction Map for Snow Plowing & De-Icing Services 12 i >: ~ MCl:/Qf'IALD R D ~ ! i g The Village Jurisdiction The City Jurisdiction ii:' o:' ~ The Road District Jurisdiction BURN1, MCDONAU>RD EXHIBIT B L\ @ N 2000 0 2000 Feet Map prepared by City of Elgin Depart ment of Comm unity Devel o 2010 -City of Elgin Memorandum Date: February 23 , 2010 To: Diane Robertson, City Clerk From: William A. Cogley, Corporation Counsel Subject: Intergovernmental Agreement Between Plato Township Road District, the City of Elgin and the Village of Campton Hills Regarding Snow Plowing and Road De-Icing Attached for the city clerk's files is an original fully executed copy of the above-referenced agreement approved by the city council on J~ pursuant to resolution number I 0-16. WAC bf Attachment cc: Dave Lawry (w/attachment)