O-708-91 11/25/91Mayor
Joseph S. Forzley
Village Clerk
Charlene M. Smollen
Administrator
Steven A. Jones
LEMONT
Village of Faith
418 Main Street • Lemont, IL 60439 -3788
(708) 257 -1550
Fax (708) 257 -1598
Trustees
Kenneth Bromberek
Barbara Buschman
Bert Ercoli
Richard Kwasneski
William Margalus
Ralph Schobert
I, Charlene Smollen, Village Clerk of the VILLAGE OF LEMONT,
hereby certify that the attached is a true and correct copy
of Ordinance No. /7.o0 "AN ORDINANCE AUTHORIZING THE
PARTICIPATION BY THE VILLAGE OF LEMONT IN THE SOUTHWEST
CENTRAL 9 -1 -1 SYSTEM.
Dated:
/9/
Village Clerk
VI. B. 1
ORDINANCE NO. .-20 �
AN ORDINANCE AUTHORIZING THE VILLAGE OF LEMONT
TO SIGN THE SOUTHWEST CENTRAL 9 -1 -1 SYSTEM
INTERGOVERNMENTAL COOPERATION AGREEMENT
WHEREAS, the VILLAGE OF LEMONT has determined that the implementation
of a 9 -1 -1 Emergency Telephone System would provide a significant public safety
enhancement to its citizens and conform with the purpose of the Illinois Emergency
Telephone System Act Illinois Revised Statutes Chapter 134, Section 31; and
WHEREAS, the VILLAGE OF LEMONT has determined that a Joint 9 -1 -1
Emergency Telephone System comprised of several units of local government would be
beneficial to all the citizens of the various members of a Joint 9 -1 -1 Emergency Telephone
System; and
WHEREAS, Chapter 134, Section 44 of the Illinois Revised Statutes permits the
formation of a Joint 9 -1 -1 Emergency Telephone System to implement and operate a
9 -1 -1 Emergency Telephone System; and
WHEREAS, Chapter 127, Section 743 of the Illinois Revised Statutes provides for
the joint exercise by two or more units of local government of any power, privilege or
authority which each may exercise individually;
WHEREAS, it is the desire of the VILLAGE OF LEMONT to jointly provide for and
maintain an Emergency 9 -1 -1 Telephone System for the advantage and concern of its
citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND
DUPAGE, ILLINOIS:
That for and in consideration of the promises, the mutual advantages to be derived
therefrom, and in consideration of the mutual covenants of the participating units of local
government, it is agreed by the enactment of this Ordinance, that the Village President be
authorized by the Board of Trustees to enter into the Southwest Central 9 -1 -1 System
Intergovernmental Cooperation Agreement.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE,
ILLINOIS, on this day of 22212119 1991.
KENNETH S. BROMBEREK
BARBARA BUSCHMAN
BERT ERCOLI
RICHARD A. KWASNESKI
WILLIAM MARGALUS
RALPH SCHOBERT
Approved by me this
Attest:
AYES NAYS. PASSED ABSENT
v
vf
V
V
/ i
4i6
CHARLENE SMOLLEN, illage Clerk
day of Zitrz2G , 1991.
CHARLE SMOLLEN,
04-'5
illage Clerk
F 0 RZ EY, ; rag ' resident
SOUTHWEST CENTRAL 9 -1 -1 SYSTEM
INTERGOVERNMENTAL COOPERATION AGREEMENT
THIS AGREEMENT, entered into on the effective date specified
hereafter, by and between the units of local government signatory
hereto (hereinafter "members ") and also those which may hereafter
become signatory;
WITNESSETH:
WHEREAS, the members have determined that the implementation of a
9 -1 -1 Emergency Telephone System would provide a significant public
safety enhancement to the citizens of each of the participating
municipalities and conform with the purpose of the Illinois
Emergency Telephone System Act, I11. Rev. Stat., Chao. 134, Section
31; and
WHEREAS, the members have determined that a Joint 9 -1 -1 Emergency
Telephone System would be beneficial to all the citizens of the
members to this Agreement; and
WHEREAS, Chapter 134, Section 44 of the Illinois Revised Statutes
permits the formation of a Joint 9 -1 -1 Emergency Telephone System
to implement and operate a 9 -1 -1 emergency telephone system; and
WHEREAS, Chapter 127, Section 743 of the Illinois Revised Statutes
provides for the joint exercise by two or more units of local
government of any power, privilege or authority which each may
exercise individually; and
WHEREAS, Southwest Central Dispatch (hereinafter "SWCD"), an
intergovernmental association which provides a combined public
safety telecommunications system to its members has agreed to enter
into a contract with the System Board of the Southwest Central 9-
1-1 System to provide a Joint 9 -1 -1 Emergency Telephone System;
NOW THEREFORE BE IT AGREED BY AND BETWEEN THE MEMBERS AS FOLLOWS:
1. Venture Established. Pursuant to the authorization of Chapter
127, Section 743 and Chapter 134, Section 30.01 et seq. of the
Illinois Revised Statutes, the members hereby federate
together in a cooperative venture for the joint and mutual
operation of a 9 -1 -1 emergency telephone system, to be known
as Southwest Central 9 -1 -1 System consisting of all members
and any other units of local government which may hereafter
become signatory to this Agreement.
2, Joint Emergencv Teleohone System Board. There is hereby
established a Joint Emergency Telephone System Board which
shall consist of one representative from each of the members
and SWCD. Each subsequent participating unit of local
government in the Southwest Central 9 -1 -1 System shall be
entitled to one representative on the Joint Emergency
Telephone System Board. Designation of the new participating
unit of local government's board representative shall be
specified by the participant's enabling ordinance.
3. By -Laws. Southwest Central 9 -1 -1 System shall be subject to
and shall be governed by certain By -Laws which shall be
adopted by the Joint Emergency Telephone System Board together
with any amendments which may be made in the manner and means
provided by the Dy -Laws.
4. Participation. Each member of the Southwest Central 9 -1 -1
System, and each unit of local government which may hereafter
become a participant, is a member and is entitled to the
rights and privileges and is subject to the obligations of
mem:,ership, all as may be provided in the By-Laws.
5. Termination. Any member of the Southwest Central 9 -1 -1 System
may cease to be a member hereto and may withdraw from
participation in the manner and means set forth in the By-
Laws.
6. Powers of the Board. The powers and duties of the Emergency
Telephone System Board created by this Agreement shall
include, but not be limited to, the following:
1. Planning a 9 -1 -1 Emergency Telephone System (hereinafter
the "9 -1 -1 System ");
2. Coordinating and supervising the implementation,
upgrading, maintenance, repair and operation of the 9 -1-
1 System including the establishment of equipment
specifications and coding systems;
3. Receiving monies from the surcharge imposed under Section
45.3 of the Emergency Telephone System Act
(Ill.Rev.Stat., Chap. 134, Section 45.3) and from any
other sources, for deposit into the Emergency Telephone
System Fund;
4. Authorizing all disbursements from the Fund by
Resolutions approved by a majority of all System Board
members;
5. Hiring, on a temporary or permanent basis, any staff
necessary for the implementation, operation or upgrade
of the 9 -1 -1 System;
6. Making and entering into contracts;
7. Acquiring, holding and disposing of property;
8. Incurring debts, liabilities or obligations in accord
with applicable law as necessary for the accomplishment
of the purposes of the 9 -1 -1 System;
9. Purchasing and leasing necessary equipment; and
10. Exercising all powers necessary and incidental to
carrying out the purposes set forth in Article I of the
By -Laws, including but not limited to, hiring auditors
and attorneys, approving amendments to these By -Laws,
accepting new members, approving the annual budget of the
9 -1 -1 System, and determining the general policy of the
9 -1 -1 System, provided however, that such policy shall
never be inconsistent with the laws of State of Illinois.
7. Amendment. This Agreement may not be amended, except by
written agreement and resolution of all the then current
members of the Southwest Central 9 -1 -1 System.
8. Duration. This Agreement shall continue in effect until
rescinded by unanimous consent of the current parties or until
terminated in the manner provided in the By -Laws.
9. Enforcement. Each member shall have the right to enforce this
Agreement against any other member. Any member who shall fail
or refuse to perform any or all of the member's obligations
under this Agreement (hereinafter "member in default ") shall
be obligated to pay the costs, including reasonable attorney
fees and court costs of the member or members who seek to
enforce a member in default's performance or the member in
default's obligations under this Agreement.
10. Authorization. Prior to execution of this Agreement, each
member shall deliver to the other and to the Director of
Southwest Central Dispatch a certified copy of a suitable
ordinance authorizing and directing execution of this
Agreement.
11. Effective Date. This Agreement shall become effective when
signed by all authorized representatives of the City of Blue
Island, the Village of Chicago Ridge, the Village of Dixmoor,
the Village of Palos Park, the City of Palos Heights, the City
of Palos Hills, the Village of Posen and the Village of Worth.
IN WITNESS WHEREOF, the undersigned units of local government have
set their signatures on the dates set forth below. This document
may be signed in duplicate originals.
CITY OF BLUE ISLAND
BY:
NOV 19 '91 15:06 SOUTHWEST_CENTRAL_DISPATCH P.3
CITY OF PALOS HEIGHTS
BY
ATTEST:
DATE:
CITY OF PALOS HILLS
BY
ATTEST:
DATE:
VILLAGE OF POSEN
BY
ATTEST:
DATE:
VILLAGE OF WORTH
BY
ATTEST:
DATE:
VI OF LEHONTe
BY G' �C > 4e
ATTEST:
%21.-2&---,
DATE: ///2 6-4/
SOUTHWEST CENTRAL 9 -1 -1 SYSTEM
7611 West College Drive • Palos Heights, IL 60463 • (708) 448 -6180 • Fax (708) 448 -8378
9 -1 -1
AGREEMENT
December 1, 1991
For 9 -1 -1 Emergency Communications
This agreement is made between the Southwest Central 9 -1 -1 System Public
Safety Answering Point Center, hereinafter referred to as "PSAP ", and the
Village of Lemont, for the purpose of effective handling and routing of 9 -1 -1
Emergency calls.
CALL HANDLING
Southwest Central 9 -1 -1 System PSAP receiving a call for emergency services
in your jurisdiction shall dispatch the call in the following manner:
Primary: Direct Dispatch 155.430
Secondary: Direct Dispatch via Mobile Data Terminal 858.2625
AID OUTSIDE JURISDICTION BOUNDARY
Once an emergency unit is dispatched in response to a request through the
system, such unit shall render its service to the requesting party without
regard to whether the unit is operating outside its normal jurisdictional
boundaries.
The legislative intent is that 9 -1 -1 be used for emergency calls only.
Therefore, all call of an administrative or non - emergency nature shall be
referred to Village of Lemont's published telephone number.
The Southwest Central 9 -1 -1 System PSAP agrees to keep all records, times,
and places of all calls. All records will be available to all participants of
the 9 -1 -1 System.
It shall be the responsibility of your agency to maintain the report of call
and the disposition of each call received.
All agreements, management, records, and services will be the responsibility
of the advisory and policy board.
Any agreements or changes in agreements and operating policies must be
approved by the advisory board.
Sou west /Ce►i. al 9-1- ystem VilIag- of Lemont
BY. "f� � BY:
TITLE:
TITLE: Secretary ETSB
SOUTHWEST CENTRAL 9 -1 -1 SYSTEM
INTERGOVERNMENTAL COOPERATION AGREEMENT
THIS AGREEMENT, entered into on the effective date specified
hereafter, by and between the units of local government signatory
hereto (hereinafter "members ") and also those which may hereafter
become signatory;
WITNESSETH:
WHEREAS, the members have determined that the implementation of a
9 -1 -1 Emergency Telephone System would provide a significant public
safety enhancement to the citizens of each of the participating
municipalities and conform with the purpose of the Illinois
Emergency Telephone System Act, I11. Rev. Stat., Chap. 134, Section
31; and
WHEREAS, the members have determined that a Joint 9 -1 -1 Emergency
Telephone System would be beneficial to all the citizens of the
members to this Agreement; and
WHEREAS, Chapter 134, Section 44 of the Illinois Revised Statutes
permits the formation of a Joint 9 -1 -1 Emergency Telephone System
to implement and operate a 9 -1 -1 emergency telephone system; and
WHEREAS, Chapter 127, Section 743 of the Illinois Revised Statutes
provides for the joint exercise by two or more units of local
government of any power, privilege or authority which each may
exercise individually; and
WHEREAS, Southwest Central Dispatch (hereinafter "SWCD "), an
intergovernmental association which provides a combined public
safety telecommunications system to its members has agreed to enter
into a contract with the System Board of the Southwest Central 9-
1-1 System to provide a Joint 9 -1 -1 Emergency Telephone System;
NOW THEREFORE BE IT AGREED BY AND BETWEEN THE MEMBERS AS FOLLOWS:
1. Venture Established. Pursuant to the authorization of Chapter
127, Section 743 and Chapter 134, Section 30.01 et seq. of the
Illinois Revised Statutes, the members hereby federate
together in a cooperative venture for the joint and mutual
operation of a 9 -1 -1 emergency telephone system, to be known
as Southwest Central 9 -1 -1 System consisting of all members
and any other units of local government which may hereafter
become signatory to this Agreement.
2. Joint Emercencv Telerhone System Board. There is hereby
established a Joint Emergency Telephone System Board which
shall consist of one representative from each of the members
and SWCD. Each subsequent participating unit of local
government in the Southwest Central 9 -1 -1 System shall be
entitled to one representative on the Joint Emergency
Telephone System Board. Designation of the new participating
unit of local government's board representative shall be
specified by the participant's enabling ordinance.
3. By -Laws. Southwest Central 9 -1 -1 System shall be subject to
and shall be governed by certain By -Laws which shall be
adopted by the Joint Emergency Telephone System Board together
with any amendments which may be made in the manner and means
provided by the by -Laws.
4. Participation. Each member of the Southwest Central 9 -1 -1
System, and each unit of local government which may hereafter
become a participant, is a member and is entitled to the
rights and privileges and is subject to the obligations of
menWership, all as may be provided in the By -Laws.
5. Termination. Any member of the Southwest Central 9 -1 -1 System
may cease to be a member hereto and may withdraw from
participation in the manner and means set forth in the By-
Laws.
6. Powers of the Board. The powers and duties of the Emergency
Telephone System Board created by this •Agreement shall
include, but not be limited to, the following:
1. Planning a 9 -1 -1 Emergency Telephone System (hereinafter
the "9 -1 -1 System ");
2. Coordinating and supervising the implementation,
upgrading, maintenance, repair and operation of the 9 -1-
1 System including the establishment of equipment
specifications and coding systems;
3. Receiving monies from the surcharge imposed under Section
45.3 of the Emergency Telephone System Act
(111.Rev.Stat., Chap. 134, Section 45.3) and from any
other sources, for deposit into the Emergency Telephone
System Fund;
4. Authorizing all disbursements from the Fund by
Resolutions approved by a majority of all System Board
members;
5. Hiring, on a temporary or permanent basis, any staff
necessary for the implementation, operation or upgrade
of the 9 -1 -1 System;
6. Making and entering into contracts;
7. Acquiring, holding and disposing of property;
8. Incurring debts, liabilities or obligations in accord
with applicable law as necessary for the accomplishment
of the purposes of the 9 -1 -1 System;
9. Purchasing and leasing necessary equipment; and
10. Exercising all powers necessary and incidental to
carrying out the purposes set forth in Article I of the
By -Laws, including but not limited to, hiring auditors
and attorneys, approving amendments to these By -Laws,
accepting new members, approving the annual budget of the
9 -1 -1 System, and determining the general policy of the
9 -1 -1 System, provided however, that such policy shall
never be inconsistent with the laws of State of Illinois.
7. Amendment. This Agreement may not be amended, except by
written agreement and resolution of all the then current
members of the Southwest Central 9 -1 -1 System.
8. Duration. This Agreement shall continue in effect until
rescinded by unanimous consent of the current parties or until
terminated in the manner provided in the By -Laws.
9. Enforcement. Each member shall have the right to enforce this
Agreement against any other member. Any member who shall fail
or refuse to perform any or all of the member's obligations
under this Agreement (hereinafter "member in default ") shall
be obligated to pay the costs, including reasonable attorney
fees and court costs of the member or members who seek to
enforce a member in default's performance or the member in
default's obligations under this Agreement.
10. Authorization. Prior to execution of this Agreement, each
member shall deliver to the other and to the Director of
Southwest Central Dispatch a certified copy of a suitable
ordinance authorizing and directing execution of this
Agreement.
11. Effective Date. This Agreement shall become effective when
signed by all authorized representatives of the City of Blue
Island, the Village of Chicago Ridge, the Village of Dixmoor,
the Village of Palos Park, the City of Palos Heights, the City
of Palos Hills, the Village of Posen and the Village of Worth.
IN WITNESS WHEREOF, the undersigned units of local government have
set their signatures on the dates set forth below. This document
may be signed in duplicate originals.
CITY OF BLUE ISLAND
BY:
SOUTHWEST CENTRAL 9 -1 -1
EMERGENCY SERVICE TELEPHONE SYSTEM BY -LAWS
ARTICLE I - Purpose
The Southwest Central 9 -1 -1 System (hereinafter the "9-1-1 -
System") is a cooperative venture voluntarily established by its
members pursuant to the Southwest Central 9 -1 -1 System
Intergovernmental Cooperation Agreement (hereinafter the
"Cooperation Agreement ") entered into by them in accord with the
Intergovernmental Cooperation Act, I11. Rev. Stat., Chapter 127,
Section 741 et.seq., and the Emergency Telephone System Act, I11.
Rev. Stat, Chapter 134, Section 30.01 et seq. The 9 -1 -1 System has
been established for the purpose of providing the equipment,
services, personnel, facilities and other items necessary for the
implementation, operation, maintenance and repair of a 9 -1 -1
Emergency Telephone System within portions of Cook and DuPage
Counties, Illinois.
ARTICLE II - Membership
A. The members of the 9 -1 -1 System, as of the date these By -Laws
were adopted pursuant to paragraph 3 of the Cooperation
Agreement, are the City of Blue Island, the Village of Chicago
Ridge, the Village of Dixmoor, the City of Palos Heights, the
City of Palos Hills, the Village of Palos Park, the Village
of Posen, and the Village of Worth.
B. Any municipality which hereafter becomes a full participating
member of Southwest Central Dispatch (hereinafter "SWCD "), an
intergovernmental association which provides a combined public
safety telecommunications system for its members, may also
become a member of the 9 -1 -1 System, provided all current
members of the 9 -1 -1 System and the new member sign an
addendum of new membership to the 9 -1 -1 Cooperation Agreement.
C. The addendum authorizing a new member of the 9 -1 -1 System
shall require the new member to:
1. provide funds for its proportionate share of the cost of
operations of the 9 -1 -1 System; and
2. provide all necessary funds required to add or modify
hardware and /or software in order to accommodate the
operational needs of the new member. Each member shall
also be expected to pay a proportionate share of normal
9 -1 -1 operating expenses;
3. provide written acceptance obligating itself for its
proportionate share of the existing debts and liabilities
of the 9 -1 -1 System;
4. deliver to the Joint Emergency Telephone System Board a
duly certified ordinance in proper form authorizing and
directing such member's execution of the addendum and
the written acceptance of existing debts referred to in
C.3. above, and its agreement to be bound by the
Southwest Central 9 -1 -1 Emergency Service Telephone
System By -Laws.
5. Participation of members and Southwest Central Dispatch
in the affairs of the 9 -1 -1 System shall be through each
member's and Southwest Central Dispatch's representatives
which they designate to serve on the Joint Emergency
Telephone System Board and the 9 -1 -1 System Executive
Committee.
ARTICLE III - Joint Emergency Telephone System Board
A. Powers'
The Joint Emergency Telephone System Board (hereinafter the
"System Board ") created pursuant to the Cooperation Agreement
shall consist of a Board of Directors. The Directors of the
System Board shall be the Mayor or President of each member
unit of local government (or its Manager if designated by the
Mayor or President), and the Director of Southwest Central
Dispatch. A Chairman of the System Board shall be elected on
a yearly basis from among the Directors of the System Board.
The System Board shall have the following powers and duties:
1. Planning a 9 -1 -1 Emergency Telephone System (hereinafter
the "9 -1 -1 System ");
2. Coordinating and supervising the implementation,
upgrading, maintenance, repair and operation of the 9 -1-
1 System including the establishment of equipment
specifications and coding systems;
3. Receiving monies from the surcharge imposed under Section
45.3 of the Emergency Telephone System Act
(I11.Rev.Stat., Chap. 134, Section 45.3) and from any
other sources, for deposit into the Emergency Telephone
System Fund;
4. Authorizing all disbursements from the Fund by
Resolutions approved by a majority of all System Board
members;
2
5. Hiring, on a temporary or permanent basis, any staff
necessary for the implementation, operation or upgrade
of the 9 -1 -1 System;
6. Making and entering into contracts;
7. Acquiring, holding and disposing of property;
8. Incurring debts, liabilities or obligations in accord
with applicable law as necessary for the accomplishment
of the purposes of the 9 -1 -1 System;
9. Purchasing and leasing necessary equipment; and
10. Exercising all powers necessary and incidental to
carrying out the purposes set forth in Article I of these
By -Laws, including but not limited to, hiring auditors
and attorneys, approving amendments to these By -Laws,
accepting new members, approving the annual budget of the
9 -1 -1 System, and determining the general policy of the
9 -1 -1 System, provided however, that such policy shall
never be inconsistent with the laws of State of Illinois.
B. Organization.
1. Each member of the System Board shall be entitled to one
vote;
2. Such vote may be cast only by a System Board member in
physical attendance or by his designated alternate. No
proxy votes or absentee voting shall be permitted. In
the event of a tie vote, the Chairman of the Board shall
cast a second and deciding vote;
3. A vacancy on the Emergency Telephone System Board may be
occasioned by the 9 -1 -1 member's representative's
resignation, termination of representative's employment
with the 9 -1 -1 System member, the representative's
death, physical or mental incapacity, and /or the
representative's continuous refusal to attend scheduled
meetings on behalf of the 9 -1 -1 System member. The 9 -1-
1 System member shall determine if the representative's
conduct has created a vacancy, and if so, the 9 -1 -1
System member shall, within 60 days of such determination
recommend a replacement representative for appointment
to the Board for the unexpired term remaining. Upon such
recommendation the representative shall become a Director
of the System Board;
4. Members of the System Board shall serve on the Board
without salary, but each may be reimbursed for necessary
3
expenses incurred in connection with 9 -1 -1 System
business.
5. The Board of Directors may establish rules governing its
own conduct and procedure and have such express or
implied authority as is not inconsistent with or contrary
to the laws of the State of Illinois, these By -Laws, and
the Cooperation Agreement;
C. Meetings:
1. A regular meeting of the System Board shall be held in
the Southwest Central Dispatch Center offices twice a
year. If possible, the annual meetings will be scheduled
to convene immediately following the regular annual
meetings of the Board of Directors of Southwest Central
Dispatch. The time and date of the regular meetings
shall be determined by the Chairman.
a) Notice of the regular meeting of the System Board
of Directors shall be given to the respective Board
members at least thirty (30) days prior to such
meeting, and an agenda for such meeting shall
accompany the notice; however, such meetings shall
not be limited to the matters set forth in the
agenda;
b) To the extent not contrary to these By -Laws,
Robert's Rules of Order shall govern all meetings
of the System Board.
2. A special meeting of the System Board may be called by
its Chairman or by any two members of the Board or by a
majority of the Board as follows:
a) Ten (10) days written notice of special meetings
shall be given to each Director of the System Board
by the Director or Directors who called the special
meeting in a form which shall include an agenda
specifying the subjects of such special meeting, and
also the time, date, and location of the meeting;
b) Business conducted at said special meeting shall be
limited to those items appearing in the agenda;
c) Notwithstanding 2.(a) above an emergency meeting may
be called without written notice if a majority of
the Directors agree.
3. Unless otherwise specified in these. By -Laws, a quorum
for the transaction of all business by the System Board
4
shall consist of a majority of the System Board
Directors.
4. Meetings of the System Board shall, except to the extent
these By -Laws impose stricter requirements, be held in
accordance with the provisions of the State of Illinois
Open Meetings Act.
D. Officers of the System Board
Officers of the System Board shall consist of a Chairman,
Vice- Chairman, Secretary, and Treasurer. The Chairman Vice -
Chairman and Secretary shall be elected from among the
directors of the System Board by a vote of the System Board
at the first annual meeting of the System Board. The Chairman
Vice - Chairman and Secretary shall serve a term of two years.
The Chairmanship shall be rotated among the Directors of the
System Board. The Treasurer shall be appointed by the System
Board for a term of years to be determined by the System
Board. The Treasurer shall not be a Director of the System
Board and shall not have a vote.
1. Chairman
The Chairman shall:
a) Conduct the meetings of the System Board;
b) Sign or co -sign with the Secretary any instruments
which the System Board has authorized to be
executed;
c)
Perform all duties incident to the office of
Chairman and such other duties as may be prescribed
, by the System Board from time to time provided that
such other duties are consistent with these By -Laws,
the Cooperation Agreement, and the applicable laws
of the State of Illinois, including applicable Rules
and Regulations of the Illinois Commerce Commission;
d) Present a full report of the 9 -1 -1 System's
activities at each regular meeting of the System
Board, and at such other times as deemed appropriate
by the Chairman or upon vote of a majority of the
System Board.
2. Vice - Chairman
a) In the event of the absence of the Chairman or in
the event of the Chairman's inability or-refusal to
act, the Vice - Chairman shall perform the duties of
5
Chairman until such time as the Chairman again
undertakes to perform the duties of his office.
3. Secretary
The Secretary shall:
a) Keep the minutes of the 9 -1 -1 System Board of
Directors;
b) Ensure that all notices are duly made, given and /or
published in accordance with the provisions of these
By -Laws or as required by law;
c) Act as custodian of the records of the System Board;
d) Perform all duties incident to the office of
Secretary of the System Board and such other duties
as from time to time may be assigned to him by the
System Board.
The Secretary may be the Director of SWCD unless another
person is appointed by the System Board.
4. Treasurer
In accordance with I11.Rev.Stat., Chapter 134, Para. 45.4
(c), the Treasurer shall at all times be the actual
treasurer of one of the 9 -1 -1 System member units of
local government.
The Treasurer shall:
a) Receive and act as custodian and be responsible for
all funds generated through a surcharge on telephone
in- service network connections, as well as any other
funds generated in support of the 9 -1 -1 System, and
deposit all such monies into a Emergency Telephone
System Fund in the name of the 9 -1 -1 System in such
banks, trust companies or other depository as shall
be selected in accordance with the policies of the
System Board and these By -Laws;
b) Dispense funds from the Emergency Telephone System
Fund in accordance with Illinois law and these By-
Laws;
c) In general perform all duties incident to the office
of Treasurer and such other duties as from time to
_., time may be assigned to him by the System Board;
6
A.
d) Report to the System Board and Executive Committee
with regard to the status of the Emergency Telephone
System Fund as required by the System Board and /or
the Executive Committee.
The Treasurer shall give a bond in the amount of
$250,000.00 for the faithful discharge of his duties,
with such surety or sureties as the System Board shall
determine;
5. Any officer of the System Board may be removed by the
System Board whenever in its judgment the best interest
of the 9 -1 -1 System and the System Board would be served
thereby.
6. Upon the occurrence of a vacancy in the office of any
officer for the reasons set out in B.3. above, or for
any other reason, the Board of Directors may appoint a
successor to fill the vacancy.
7. Officers and Directors of the 9 -1 -1 System Board shall
serve as such without salary from the 9 -1 -1 System, but
may be reimbursed for expenses incurred in connection
with 9 -1 -1 System business.
ARTICLE IV Executive Committee:
1. There is hereby established an Executive Committee of the
9 -1 -1 System, which shall be organized and shall be
responsible for functions as hereinafter set forth.
2. Members of the 9 -1 -1 System and Southwest Central
Dispatch shall be represented on the Executive Committee
as follows:
The Mayor or President of each member shall appoint two
representatives and the Director of SWCD shall appoint
one representative to the Executive Committee. It is the
intention of these By -Laws that the two representatives
of each member shall be the operational head of the
police and fire departments (Police Chiefs, etc. and Fire
Chiefs, etc.) of each member, or the operational head of
the Police and /or Fire Districts which provide service
to the member, and that such persons shall be each
member's representatives to the Executive Committee.
3. On each matter coming before the Executive Committee for
a vote, including the election of officers, each member
unit and SWCD shall be entitled to have cast on its
behalf one vote for each representative which it has on
the Executive committee. Such vote may be cast only by
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the official representative to the Executive Committee
in physical attendance (or by the designated first
alternate, if such official representative is absent).
No proxy votes or absentee voting shall be permitted,
except as provided in these By -Laws. In the event of a
tie vote, the President of the Executive Committee shall
cast a second and deciding vote.
4. The daily operations of the 9 -1 -1 System shall be
conducted under the direction and supervision of the
Executive Committee, subject to the policy limitations
established from time to time by the System Board.
Except as specifically provided for herein, no contract
or other obligation of the 9 -1 -1 System shall be binding
unless approved or ratified by the Executive Committee.
5. The representatives of each member and the representative
of SWCD may designate, in writing to the System Board and
the Executive Committee, a first alternate who may serve
on the Executive Committee in the absence of a named
representative.
6. The Executive Committee may establish rules for its own
procedures and have such express or implied authority as
is not inconsistent with or contrary to the laws of the
State of Illinois, these By -Laws, the policy and rules
of the System Board, or the Cooperation Agreement. A
quorum for the transaction of all business of the
Executive Committee shall consist of a majority of the
representatives of the Executive Committee.
7. All meetings of the Executive Committee shall, except to
the extent that these By -Laws impose stricter
requirements, be held in accordance with the Open
Meetings Act of the State of Illinois. Regular meetings
of the Executive Committee shall be held as required but
no less than four (4) times per year. Notice of regular
meetings of the Executive Committee shall be given to
each member thereof not less than ten (10) days prior to
such meeting, and an agenda shall accompany such notice,
however, such meetings shall not be limited to the
matters set forth in the agenda. Special meetings of the
Committee may be called by its President, or by the
Committee upon its own motion, or shall be called by the
President upon written request of a majority of its
members or their first alternates. At least forty - eight
(48) hours prior written notice of special meetings shall
be given to each member of the Executive Committee and
an agenda specifying the subject of such special meeting
shall accompany such notice. Business conducted at such
special meetings shall be limited to those items
specified in the agenda. The time, date and location of
8
regular and special meetings of the Executive Committee
shall be determined by its President.
S. The President of the Executive Committee shall serve a
one (1) year term. The President shall be responsible
for general administrative matters and shall serve as the
liaison between the System Board, Executive Committee,
SWCD and the 9 -1 -1 System management personnel. The
Presidency shall alternate yearly between a police and
fire chief member of the Executive Committee.
9. The Executive Committee shall make all administrative
decisions concerning development efforts, operations,
costs, and equipment regarding the 9 -1 -1 System.
10. The Executive Committee shall have the following duties
and powers:
a. Subject to the policies, direction, and
limitations established by the System Board, and
within the limits fixed by an approved budget, the
Executive Committee shall oversee the daily
operating affairs of the 9 -1 -1 System and perform
those powers of the System Board set out in Article
III, Part A., of these By -Laws, including, but not
limited to, making and entering into contracts;
provided however, that no obligation exceeding the
amount of the approved budget shall be incurred by
such Executive Committee, without the prior consent
of the System Board.
b. The Executive Committee shall have the power to
transfer funds (not to exceed $5,000 for any single
purpose) among line items within the total budget
amount in order to meet unanticipated needs or to
meet changed situations. Such actions shall be
reported to the System Board at their next regular
meeting.
c. At each regular meeting of the System Board, the
Executive Committee shall report budget and
financial transactions and significant developments
since the previous regular meeting.
11. The Executive Committee shall present a full report of
its activities at each regular meeting of the System
Board.
12. The Executive Committee shall have the responsibility for
insuring that the policy decisions of the System Board
are carried out.
9
B. Officers:
1. Officers of the 9 -1 -1 System Executive Committee shall
consist of a President, Vice - President, Treasurer and
Secretary. All officers, except for the Treasurer, shall
be elected by the Executive Committee, and shall be
selected from among the members serving on the Executive
Committee with the Presidency changing between a police
chief and a fire chief at each election.
2. Officers shall be elected annually for the fiscal year
of the 9 -1 -1 System and shall serve a two year term. New
officers shall take office at the adjournment of the last
regular meeting of the Executive Committee prior Lu the
expiration of the 9 -1 -1 fiscal year.
3. A vacancy shall immediately occur in the office of any
officers holding such office upon his resignation,
termination of the officer's employment with the 9 -1 -1
System member's police or fire departments /districts,
the officer's death, physical or mental incapacity,
and /or the officer's continuous refusal to attend
scheduled meetings on the Executive Committee. The
Mayor /President of the 9 -1 -1 System member who originally
designated the officer for membership on the Executive
Committee shall determine if the officer's conduct has
created a vacancy, and if so, the 9 -1 -1 System member
shall, within 60 days of such determination recommend a
replacement representative for appointment to the
Executive Committee for the unexpired term remaining.
Upon such recommendation the representative shall become
a member /officer of Executive Committee. Upon a vacancy
occurring in any office, the Executive Committee may
appoint a successor to fill the vacancy until the member
unit of local government represented by the person
previously filling said office assigns a new
representative to represent that unit.
4. Any officer or agent elected by the Executive Committee
may be removed by the Executive Committee whenever in its
judgment the best interests of the 9 -1 -1 System would be
served thereby.
5. The President shall be the principal executive officer
of the Executive Committee and shall in general oversee
all of the business and affairs of the 9 -1 -1 System. He
may sign, with the Secretary and /or Treasurer, any
instruments which the Executive Committee has authorized
to be executed, and in general shall perform all duties
incident to the office of President and such other duties
as may be prescribed from time to time by the System
Board.
10
6. In the absence of the President, or in the event of his
inability or refusal to act, the Vice - President shall
perform the duties of the President, and when so acting,
shall have all of the powers of and be subject to all of
the restrictions upon the President.
7. The Secretary shall:
a) Keep the minutes of the 9 -1 -1 System Executive
Committee;
b) See that all notices are duly made, given and /or
published in accordance with the provision of these
By -Laws or as required by law;
Act as custodian of the records of the Executive
Committee;
Perform all duties incident to the office of
Secretary and such other duties as from time to time
may be assigned to him by the Executive Committee;
The Secretary may be the Director of SWCD or the
Director's Representative appointed to the Executive
Committee unless another person is appointed by the
Executive Committee.
8. Members and officers of the Executive Committee shall
serve as such without salary from the 9 -1 -1 System, but
may be reimbursed for necessary expenses incurred in
connection with 9 -1 -1 System business.
ARTICLE V - Emergency Telephone System Fund
A. There shall be created an Emergency Telephone System Fund
(hereinafter the "Fund ") into which all monies received from
the 9 -1 -1 System, including those received pursuant to a 9 -1-
1 surcharge shall be deposited.
B. The System Board Treasurer shall be the custodian of the Fund.
C. All interest accruing on the Fund shall remain in the Fund.
D. No expenditures may be made from the Fund except pursuant to
Resolutions approved from time to time by a majority of the
Executive Committee. Any resolution of the Board which
approves an annual budget shall be deemed an approval of the
expenditures of the funds required to pay amounts specified
in. the budget. The following individuals may sign
checks /drafts to disburse funds from the Fund: System Board
11
ilili lLAi;Itil,R ,l!'11M .1, rill I►1R• "144141ii /11'Iff rI.I "wnr1RNAll'fri+ 11IIryll rrlFt!rifl N I, r ,► "`t.�.! -__ L!ai.P
Chairman, System Board Treasurer, Executive Committee vlo
President, or Executive Committee Vice - President. Only _pm 'i2
signature by an authorized individual will be required on a
check /draft.
E. Expenditures may be made only to pay for the costs associated
with the following as set forth in Ill. Rev. Stat., chap. 134,
par. 45.4 (c):
1. The design .of the Emergency Telephone System.
2. The coding of an initial Master Street Address Guide data
base, and update and maintenance thereof.
3. The repayment of any monies advanced for the
implementation of the 9 -1 -1 System.
4. The charges for Automatic Number Identification and
Automatic Location Identification equipment, and
maintenance, replacement and update thereof.
5. The non - recurring charges related to installation of the
Emergency Telephone System and the ongoing network
charges.
6. Other products and services necessary for the
implementation, upgrade, maintenance and repair of the
9 -1 -1 System and any other purpose related to the
operation of the System, including costs attributable
directly to the construction, leasing or maintenance of
any buildings or facilities or costs of personnel
attributable directly to the operation of the 9 -1 -1
System [also known as the Primary Public Safety Answering
Point ( "PSAP ")]. Costs attributable directly to the
operation of the 9 -1 -1 System do not include the costs
of public safety agency personnel who are and equipment
that is dispatched in response to an emergency call.
ARTICLE VI - Fiscal Year /Budget /Purchase /Contracts
A. The fiscal year of the 9 -1 -1 System shall commence on May 1st
and end on April 30th.
B. Budget
1. The Secretary of the System Board shall prepare a
proposed budget for the succeeding fiscal year and
distribute it to the System Board.
2. The System Board shall review, modify and /or approve a
final budget on or before April 30th of each fiscal year.
3. A complete copy of the approved final budget shall be
furnished within 40 days to each System Board Director
and the Treasurer.
4. After approval of the annual budget of the System Board,
all expenditures shall be made in accordance with the
budget.
a) The Director of SWCD is hereby granted authority to
administer the 9 -1 -1 budget on behalf of the System
Board.
b) Said Director shall have the authority to transfer
contingency funds within the total budget amount in
order to meet unanticipated needs of the System or
to meet changed situations.
c) Such action of the SWCD Director shall be reported
to the System Board at its next regular meeting
C. Purchases /contract Letting
Purchases and /or the letting of contracts shall be in
accordance with applicable law and procedural guidelines
established by Resolution of the System Board.
D. It is the intention of these By -Laws and the Cooperation
Agreement that the ongoing operation of the 9 -1 -1 System be
accomplished through the facilities and equipment of SWCD, and
therefore the 9 -1 -1 System Executive Committee shall from time
to time as necessary enter in a contractual agreement with
SWCD to conduct the ongoing operations of the 9 -1 -1 Emergency
Telephone System for which SWCD shall be paid an amount of
money to reimburse SWCD for all costs incurred by SWCD to
conduct the ongoing operations of the 9 -1 -1 System.
ARTICLE VI - Audit
A. Within six months after the end of each fiscal year the System
Board shall cause an annual audit of the financial affairs of
the Southwest Central 9 -1 -1 System to be prepared by a
Certified Public Accountant in accordance with generally
accepted auditing principals.
B. An original copy of the annual audit report shall be delivered
to each Mayor /President of each 9 -1 -1 System municipality, and
filed with the other public officers in accord with applicable
laws.
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ARTICLE VII - Withdrawal, Termination and Dissolution
A. At any time after January 1, 1993, any member unit of local
government may withdraw from the 9 -1 -1 System subject to the
provisions of this Article.
1. Such withdrawing member shall give written notice of the
withdrawal in the form of a certified copy of an
Ordinance passed by its council or other appropriate
authority which must be delivered to the Chairman of the
Board;
2. Withdrawal must be in compliance with all applicable
rules or requirements of Illinois law, the Illinois
Commerce Commission, and these By -Laws;
3. A withdrawing member must make appropriate notice, as
established by the System Board, to the media and to all
mutual aid responders of the change in emergency call
handling agreements.
4. Refusal or declination of any 9 -1 -1 System member to be
bound by any obligation of the 9 -1 -1 System, the System
Board or the Executive Committee shall also constitute
notice of withdrawal.
5. The withdrawing member shall forfeit any and all
interest, right and title to 9 -1 -1 System property, real
personal or mixed.
6. The withdrawing member shall be liable for all costs
incurred by 9 -1 -1 System as a result of the member's
separation and withdrawal, including, but not limited to,
reasonable attorney fees, court costs and interest, at
2% over prime, of overdue payments due 9 -1 -1 'System by
the withdrawing member.
B. Upon any such notice of withdrawal:
1. Withdrawal shall not take effect for a period of one (1)
year from the date of written notification.
2. After notice of withdrawal and after the effective date
of withdrawal, the withdrawing member shall continue to
be responsible for:
a) One hundred (100 %) percent of its pro rata share of
any unpaid obligations to the effective date of
withdrawal;
b) One hundred (100 %) percent of its pro rata share of
any contractual or lease obligations of the 9 -1 -1
14
System which were incurred during the period the
municipality was a member or which were assumed
during its membership;
c) For any contractual obligations it has separately
entered into with or on behalf of the 9 -1 -1 System.
C. Upon the unanimous action of all 9 -1 -1 System members, and
upon compliance with any applicable Illinois law, the rules
and regulations of the Illinois Commerce Commission, the
Cooperation Agreement, and the 9 -1 -1 System By -Laws, the 9 -1-
1 System shall be terminated and dissolved.
1. Upon such termination and dissolution, (and after payment
of all debts) all individual files and documentation
shall be distributed to the appropriate 9 -1 -1 System
member without charge or offset.
2. The remaining assets or liabilities of the 9 -1 -1 System
shall be distributed among its members that participated
in the System within the one (1) year prior to such
mandatory dissolution, in proportion to the mean average
of the 9 -1 -1 System member's regular and special
assessment payments for the preceding three (3) fiscal
years (or fraction thereof if any particular member shall
not have belonged for a full three years), bears to the
total of such payments for the preceding three (3) fiscal
years, or fraction thereof as provided above.
ARTICLE VIII - Indemnification
A. To the fullest extent permitted by applicable law and these
By -Laws, the 9 -1 -1 System shall indemnify and hold harmless
any person who was or is a party, or is threatened to be made
a party to any threatened, pending or completed action, suit
or proceeding, whether civil, criminal or investigative in
nature (other than an action by or in the right of the 9 -1 -1
System) by reason of the fact that he is or was a director,
officer or agent of the 9 -1 -1 System, against and from
expenses (including reasonable attorneys' fees), judgments,
fines and amounts paid in settlement, actually and reasonably
incurred by him in connection with such action, suit or
proceeding, if he acted in good faith and in a manner he
reasonably believed to be in, or not opposed to, the best
interests of the 9 -1 -1 System, and, with respect to any
criminal action or proceeding, had no reasonable cause to
believe his conduct was unlawful. The termination of any
action, suit or proceeding by judgment, order, settlement,
conviction or upon -a plea of nolo contendere or its
equivalent, shall not, of itself, create a presumption that
the person did not act in good faith and in a manner which he
15
reasonably believed to be in or not opposed to the best
interests of the 9 -1 -1 System, and, with respect to any
criminal action or proceeding, had reasonable cause to believe
that his conduct was unlawful.
B. The indemnification authorized herein (unless ordered by a
court) shall be made by the 9 -1 -1 System only as authorized
in the specific case upon a determination that indemnification
of the director, officer, employee, or agent is proper in the
circumstances because he has met the applicable standard of
conduct set forth in paragraph A above. Such determination
shall be made (1) by the Board of Directors of the System
Board by a majority vote of a quorum consisting of directors
who were not parties to such action, suit or proceeding; or
(2) if such a quorum is not obtainable, or, even if obtainable
when a quorum of disinterested directors so direct, by
independent legal counsel in a written opinion.
C. Expenses incurred in defending a civil or criminal action,
suit or proceeding may be paid by the 9 -1 -1 System in advance
of the final disposition of such action, suit or proceeding,
as authorized by the System Board in the specific case, upon
receipt of an undertaking by or on behalf of the director,
officer, employee or agent to repay such amount, unless it
shall ultimately be determined that he is entitled to be
indemnified by the 9 -1 -1 System as authorized in this Article
VIII.
ARTICLE IX - Property
All property acquired by the 9 -1 -1 System shall be owned by it for
and on behalf of its members whose interest therein shall be in
shares proportionate to its surcharge contributions, unless
provided otherwise by written agreement of its members;
ARTICLE X - Amendment to the By -Laws
A. Amendment to these By -Laws may be proposed by any member of
the System Board.
B. The proposed amendment shall be submitted to the System Board
at least thirty (30) days prior to the meeting of the Board
at which such amendment is to be considered.
C. A three /fourths (3/4) vote of the Directors of the System
Board shall be required to adopt any amendment to the By-Laws.
D. No amendment shall be in conflict with the Cooperation
Agreement, the laws of the State of Illinois, or the
16
applicable Rules and Regulations of the Illinois Commerce
Commission.
ARTICLE XI - Committees
The System Board and Executive Committee may establish any
committees necessary to fulfill the functions of the System Board
or Executive Committee. The Directors of the System Board shall
appoint committee members of the committees created by the System
Board. The members of the Executive Committee shall appoint
committee members of the committees created by the Executive
Committee.
ARTICLE XII- Effective Date
These By -Laws shall take effect immediately upon approval and
adoption of these By -Laws by the System Board.
17