R-48-97 Resolution authorizing execution of an intergovermental agreement with lemontRESOLUTION (- Lf( -11 7
RESOLUTION AUTHORIZING EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT WITH LEMONT-
BROMBEREK COMBINED SCHOOL DISTRICT 113A FOR
TRAFFIC ASSISTANCE AT OLD QUARRY SCHOOL
WHEREAS, Lemont - Bromberek Combined School District 113A has requested that the
Village provide assistance with traffic control prior to the installation of a left -turn lane at 127th
Street adjacent to the entrance to Old Quarry School, and
WHEREAS, the Village of Lemont and Lemont - Bromberek Combined School District
113A have negotiated an agreement which would provide the terms and conditions of this service.
NOW THEREFORE BE IT RESOLVED THAT the Village President and Village
Clerk are authorized to sign and attest the agreement.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE,
ILLINOIS, on this 25th day of August , 1997.
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
AYES NAYS PASSED ABSENT
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CHARLENE SMOLLEN, Village Clerk
Approved by me this 25th day of . ust , 1997.
ItIL _
? '?ire° ' NO IT ; Village President
Attest:
CHARLENE SMOLLEN, Village Clerk
INTERGOVERNMENTAL AGREEMENT
FOR PROVISION OF TRAFFIC CONTROL
THIS AGREEMENT, made and entered into on the date set forth next to
the signature of each party hereunto, by and between LEMONT - BROMBEREK
COMBINED SCHOOL DISTRICT 113A, a Body Corporate and Politic, ( "District ")
and the VILLAGE OF LEMONT, an Illinois Municipal Corporation ( "Village ").
WITNESSETH:
WHEREAS, the Illinois Constitution, 1970, Article 7, Section 16,
authorizes units of local government to contract or otherwise associate among
themselves in any manner not prohibited by law or by ordinance; and
WHEREAS, the DISTRICT maintains and operates the Old Quarry Middle
School at 16100 127th Street, Lemont, Illinois; and
WHEREAS, the operation of that school necessitates the safe ingress and
egress of pedestrian and vehicular traffic from the school property; and
WHEREAS, the Village of Lemont Police Department is charged with the
authority and responsibility to direct traffic within the Village of Lemont; and
WHEREAS, the DISTRICT desires to have the VILLAGE provide qualified
and trained police personnel to assist with the ingress and egress of both
pedestrian and vehicular traffic upon the terms and conditions hereinafter set
forth; and
WHEREAS, the Cook County Highway Department has required the
construction of a left -turn lane on 127th Street adjacent to the drive serving the
Old Quarry Middle School; and
WHEREAS, this police service is required due to the fact a left -turn lane
to be constructed on 127th Street will be delayed pending construction of the
1 -355 extension; and
WHEREAS, an agreement between the District and Illinois State Toll
Highway Authority is attached to specify the terms and conditions of the
construction of the left -turn lane.
NOW, THEREFORE, in consideration of the foregoing recitals and of the
covenants and conditions hereinafter contained, the adequacy and sufficiency of
which the parties hereto hereby acknowledge, the parties hereto mutually agree
as follows:
1. The VILLAGE police department shall provide one (1) police
personnel and marked police car for traffic direction on each day that school is in
session between the hours of 8:00 a.m. and 8:45 a.m. and 2:30 p.m. and 3:15
p.m.
2. The DISTRICT and the VILLAGE shall agree on the location of the
police officer so that the most effective use of the police services may be had.
3. The DISTRICT agrees to pay the VILLAGE the sum of $22.00/day,
to be billed quarterly, for the services provided by the VILLAGE.
4. The DISTRICT agrees to hold harmless, indemnify and defend the
VILLAGE from any and all claims, demands, liabilities and suits in law or in
equity that may arise from or out of the VILLAGE's performance of this
Agreement.
5. This Agreement shall be in force commencing on August 27, 1997
and shall continue in full force and effect through the end of the school year,
1999. Thereafter, this Agreement may be renewed by the parties on an annual
basis. If the Illinois State Toll Highway Authority should complete construction of
the left -turn lane prior to the end of the 1999 school year, this agreement shall
terminate upon completion of the left -turn lane.
6. Either Party may terminate this Agreement at any time effective at
the end of any calendar month, provided however, that the party desiring to
terminate this Agreement shall give written notice to the other party specifying
the end of the month on which the termination is to be effective. Said written
notice must be given at least sixty (60) days prior to the date on which
termination is to be effective.
7. This Agreement shall be binding upon and inure to the benefit of
any successor governmental legal entity which may assume and perform the
duties of either party hereto. Notwithstanding the foregoing, this Agreement
shall not be assigned by either party hereto without the prior written consent of
the other party to this Agreement.
8. The invalidity of any provision of the Agreement shall not impair the
validity of any other provision. If any provision of the Agreement is determined
by a court of competent jurisdiction to be unenforceable, that provision may be
severed or modified by the court.
9. This Agreement sets forth the entire understanding of the parties,
and may only be amended, modified or terminated by a written instrument signed
by the parties.
10. This Agreement shall be interpreted and construed in accordance
with the laws of the State of Illinois. This agreement shall not supersede any
agreement with the Cook County Highway Department or Illinois State Toll
Highway Authority.
11. All notices hereunder shall be in writing and must be served either
personally or by registered or certified mail to:
a. Village at:
Village of Lemont
418 Main Street
Lemont, Illinois
Attn: Village Administrator
b. District at: Lemont - Bromberek Combined School District 113A
16100 127th Street
Lemont, Illinois
Attn: District Superintendent
c. To such person or place which either party hereto by its prior
written notice shall designate for notice to it from the other party
hereto.
12. This Agreement is executed in multiple counterparts, each of which
shall be deemed to be and shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals on the date set out below.
VI LA E OF LEMONT, an Illinois Municipal
C
Villa • —e emont
Date: g-,.6-1 7
LEMONT BROMBEREK COMBINED
SCHOOL DISTRICT 113A,
and Pol'
BY: , .
ody C • ,•j• rate
Lem t -B omberek C.S.District 113A
Date: �7 97