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R-318-94 Authorizing Adoption of an Intergovernmental Agreement to Establish the I-355 Southern Extension Planning CouncilITEM VI.B.1 RESOLUTION c...9/ RESOLUTION AUTHORIZING ADOPTION OF AN INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE I -355 SOUTHERN EXTENSION PLANNING COUNCIL WHEREAS, the Village of Lemont and communities adjacent to the I -355 corridor have proposed to enter into an Intergovernmental Agreement to foster cooperative planning efforts within the corridor by establishing the I -355 Southern Extension Planning Council; and WHEREAS, the Planning Council shall be governed by the terms and conditions of the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that the attached Intergovernmental Agreement be approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMO COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS on this '3 day of , 1994. Barbara Buschman Alice Chin Keith Latz William Margalus Rick Rimbo Ralph Schobert Approved by me this /3 *-day of Attest: AYES NAYS PASSED ABSENT %/ V v CHARLENE M. SMOLLEN, Village Clerk 1994. �'� iii • '° KWA N SKI, ' 1 Inge ' resident (Zetele'-A-e CHARLENE M. SMOLLEN, Village Clerk INTERGOVERNMENTAL AGREEMENT CREATING THE INTERSTATE 355 SOUTHERN EXTENSION CORRIDOR PLANNING COUNCIL THIS AGREEMENT is entered into by and among the municipalities, townships, forest preserve district, and counties which under ordinances duly adopted by their respective corporate authorities have executed this Agreement pursuant to its terms, and is dated as of , 1994. P R E A M B L E WHEREAS, the municipalities of Bolingbrook, Joliet, Lemont, Lockport, Mokena, New Lenox, Romeoville, and Woodridge, the townships of DuPage, Homer, Lemont, Lockport, and New Lenox, the counties of Cook and Will and the Will County Forest Preserve District are "Units of local government" as defined by Article VII, Section 1 of the 1970 Constitution of the State of Illinois; and WHEREAS, these units of local government are authorized pursuant to the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) and Local Land Resource Management Planning Act (50 ILCS 805/1 et seq.) to enter into intergovernmental agreements; and WHEREAS, the State of Illinois has authorized the southern extension of Interstate 355 from Interstate 55 to Interstate 80 and the Illinois State Toll Highway Authority and Illinois Department of Transportation are currently involved in planning for construction of this extension; and WHEREAS, these units of local government desire to jointly apply sound planning principles to the development of the area contiguous to and situated 1 1/2 miles to the east and west of proposed centerline of the Interstate 355 southern extension as generally depicted in the attached Exhibit A, to instill common visions of future development and to identify the necessary methods for achieving future development; and WHEREAS, it is in the best interests of these units of local government and for the general welfare of the citizens of the State of Illinois that these units of local government join together via this intergovernmental agreement to, among other things, assure an overall development pattern for the Corridor, to foster boundary agreements between adjacent communities within the Corridor, and to establish minimum standards for local regulation of the environment; and WHEREAS, in connection with the planning for and management of the Corridor, these units of local government desire to enter into intergovernmental agreements on principles and standards for I -355 CPC PAGE 2 overall development, agreements on land use in particular areas, and agreements with state transportation agencies. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained herein, these units of local government agree as follows: ARTICLE 1 NAME, LOCATION, MEMBERSHIP, APPLICABILITY, DEFINITIONS Section 1.1 Name. The name of this association shall be the INTERSTATE 355 SOUTHERN EXTENSION CORRIDOR PLANNING COUNCIL, an Illinois intergovernmental entity. Section 1.2 Definitions. Unless the context otherwise requires, the terms used in this Agreement shall have the following meanings: (a) I -355 CPC shall mean and refer to the INTERSTATE 355 SOUTHERN EXTENSION CORRIDOR PLANNING COUNCIL, an Illinois intergovernmental entity, its successors and assigns. (b) Agreement shall mean this intergovernmental agreement creating and guiding the 1 -355 CPC or as amended pursuant to Article 7. (c) Board shall mean and refer to the Board of the I -355 CPC selected pursuant to the terms of the Agreement. (d) Corridor shall mean the territory lying within 1 1/2 miles on either side of the proposed centerline of the I -355 Southern Extension. (e) Member shall mean and refer to every municipality, township, forest preserve district or county who holds original membership in the Council or a Government Unit subsequently approved for membership, and who has paid the amount of the annual dues. (f) Original Member shall mean all members adopting the Agreement during the initial enrollment period. (g) Government Unit shall mean and refer to any municipal corporation, township, county, or political subdivision within the Corridor. (h) Initial Enrollment Period shall mean the time commencing at the first meeting of the I -355 CPC and continuing for 90 days thereafter. I -355 CPC PAGE 3 (i) Quorum shall mean a majority of the members constituted at any given time. (j) Units of Local Government shall be municipalities, townships, forest preserve districts, and counties with all or part of their territory within the corridor. Other terms shall have their natural meanings or the meanings given in the Agreement or the Illinois Compiled Statutes. ARTICLE 2 STATEMENT OF PURPOSE The members of the Corridor Planning Council for the Interstate 355 Southern Extension (FAP 340) come together in an effort to reach a common vision of future development and to identify the necessary methods for achieving it. The Council provides us a forum for coordinated planning, for sharing information on development impacts, for avoiding the overload of public facilities, for avoiding environmental damage, and for promoting intergovernmental cooperation. Transportation demands in the Corridor require a cooperative response. The Council will consider transportation demands in conjunction with developing consensus on an overall land use pattern. In addition, the Council will consider impacts on the secondary road system within the Corridor and seek improvements necessary to avoid congestion and other inhibiting conditions. I -355 CPC members will seek consensus upon and may develop and adopt principals of agreement covering the following: 1. Agreements on future land use in the corridor. The Council will seek to identify an overall development pattern that can receive the endorsement and support of all member jurisdictions, thus providing mutual support. Individual pairs of communities, with Will County and /or Cook County, may seek to enter into more detailed agreements regarding the land uses in their adjacent areas. 2. Jurisdictional boundary compacts. Boundary agreements will be sought between adjacent communities. The role of the Council will be to establish a process and provide encouragement to the respective parties. Agreement on boundaries will be important to assure that land use agreements are not upset by subsequent annexations. 3. Environmental controls. Minimum standards will be sought for local regulation of the environment, to protect all communities from the effects, direct or indirect, of I -355 CPC PAGE 4 development in the corridor. However, the members do not intend these standards to require changes in the environmental impact statement (EIS) now in progress. 4. Implementation methods. In order to reinforce local authority, the Council will attempt to identify additional methods of assuring the achievement of the collectively agreed -upon growth strategy. 5. Regional approach to economic development. The Council will plan and encourage corridor -wide economic development activities. These activities should include at least the following: 1) the creation of a repository of data relevant to promoting cooperative business recruiting efforts; 2) preparation of corridor -wide external marketing materials for supplemental use with Council members' individual business recruiting activities, and 3) the formation of an advisory subcommittee comprised of economic development professionals, representing each of the Council members' jurisdictions, in order to implement the specifics of the corridor's economic development programs of work. It is our understanding that the Northeastern Illinois Planning Commission will apprise the Council of regional development concerns, and that when Council agreement is reached, the Commission will consider our consensus plan for inclusion in the Regional Land Use Policy Plan. ARTICLE 3 MEMBERSHIP TYPES AND VOTING RIGHTS Section 3.1 Membership. The original membership of the I- 355 CPC includes the municipalities of Bolingbrook, Joliet, Lemont, Lockport, Mokena, New Lenox, Romeoville, and Woodridge; the townships of DuPage, Homer, Lemont, Lockport, and New Lenox; the counties of Will and Cook; and the Forest Preserve District of Will County. Any Government Unit which would be wholly or partially affected by any action of the I -355 CPC may petition the board for membership on the I -355 CPC. The Board may admit that Government Unit to membership by a vote of three - quarters (3/4) of its then existing Board members in which event: 1. The Government Unit then admitted shall be subject to such terms and conditions as determined by the original members, which may include a separate membership classification and /or voting rights. 2. The Government Unit shall execute and be bound by the terms of the Agreement. I -355 CPC PAGE 5 Section 3.2 Voting Rights. The I -355 CPC shall have one type of voting membership for all original members. Each Member shall appoint one (1) Board member under the terms set forth hereinafter. Each Board member shall have one (1) vote. Section 3.3 Ex Officio Members. Ex Officio Members shall be included in the deliberations of the I -355 CPC. Ex Officio Members shall be non - voting members. Each of the following shall be asked to appoint one representative to be an Ex Officio Member of the 1-355 CPC: 1. Will County Governmental League 2. Northeastern Illinois Planning Commission 3. Illinois State Toll Highway Authority 4. Illinois Department of Transportation 5. Chicago Area Transportation Study Section 3.4 Addition of Ex- Officio Members. Any organization or established group may petition the I -355 CPC to become a member. The Board may admit that organization or established group by a vote of 3/4 of its board members. ARTICLE 4 BOARD OF COMMISSIONERS, NUMBER, POWERS, MEETINGS Section 4.1 Number. The affairs of the Council shall be governed by a Board composed of the Chief Elected Official of each Member, or designated alternate. Section 4.2 Powers and Duties. The Board shall have the powers and duties necessary to achieve the purposes of the I -355 CPC, as provided in the Agreement, including but not limited to, the following: A. It shall act as a central agency for the collection, coordination, and dissemination of information involving the planning, development, and redevelopment of the Corridor. B. It shall be responsible for meeting implementation requirements specified in the Local Land Resource Management Planning Act so as to assure the full powers of that Act for intergovernmental agreements undertaken by the Council and member jurisdictions. C. It may enter into agreements with outside public agencies, such as the Illinois Department of Transportation and I -355 CPC PAGE 6 Illinois State Toll Highway Authority relating to development within the corridor. D. It may research, study, and undertake land planning for the purpose of facilitating agreements among members on principles of agreement, standards, and ordinances adopted by the Council in line with the purposes of this Agreement. E. It shall employ any research, studies, or other information that may be available to it or its Members from any governmental agency or other source and the Members hereof shall make available to the Board any such information that they may possess. F. Consistent with Article 6, it may, to the extent the I- 355 CPC shall determine, incur expenses for its planning, monitoring , and for such other purposes as the I -355 CPC shall determine to effectuate the purposes of this Agreement. G. It may contract for, or receive, gratuitously space, materials, and supplies to carry out its activities. H. It may recommend changes in this Agreement to the Members. I. The Council may adopt standards to implement the Principles of Agreement as agreed upon by a 3/4 vote of the members after consultation with respective Boards. Upon adoption of standards, the Council will encourage implementation of the standards through local ordinances. J. Except as elsewhere specified, meetings will be conducted and decisions will be made according to the rules and procedures set forth in Roberts Rules of Order. K. Each Member reserves the right, separately or concurrently, to conduct activities similar to those of the I -355 CPC. Section 4.3 Compensation. No compensation shall be paid by the I -355 CPC to Board members for their services on the Board. Section 4.4 Meetings. The first meeting shall be called when two or more Units of Local Government adopt the Agreement and shall be held at a mutually agreeable time and location. Notice of such meeting shall be given to all other Units of Local Government. Meetings of the Board shall be held at such suitable places convenient to the members as may be designated in the notice by the Board. Meetings shall be on a monthly basis as determined by the Board or at the call of the Chairman or Vice - Chairman. The Board shall keep minutes of its meetings and full account of its I -355 CPC PAGE 7 transactions. Section 4.5 Notice of Meetings. It shall be the duty of the Secretary to mail a notice of Board meetings, stating place, date, hour of the meeting, and, in the case of a special meeting, the purpose or purposes for which the meeting is called. Notice shall be provided to each Member not less than five (5) days before the date of the meeting. Section 4.6 Alternate. Each Member shall appoint an alternate for each Board Member to act in the absence of such Board Member except that an alternate shall not serve as an officer. ARTICLE 5 OFFICERS Section 5.1 Enumeration /Election of Officers. The officers of the I -355 CPC shall be a Chairman, Vice - Chairman, a Secretary - Treasurer, and such other officers as the Board may, by resolution, create. The Board shall elect all officers by simple majority vote at a meeting where a quorum is present and the election of officers is listed on the meeting call. All officers shall be Board Members. Section 5.2 Term. Each officer of the I -355 CPC shall hold office for one (1) year or until his successor is duly elected and qualified, or until his earlier resignation, death, removal, or other disqualification. Section 5.3 Duties. A. Chairman. The Chairman shall be the chief executive officer of the I -355 CPC and, subject to the control of the Board, shall in general, manage, supervise, and control all of the business and affairs of the Council and perform all duties incident to the office of Chairman and such other duties as may be prescribed by the Board. He shall, when present, preside at all membership meetings. He may sign, with the Secretary - Treasurer or any other proper officer of the Council authorized by the Board, any contracts, deeds, notes, mortgages, bonds, policies of insurance, checks, or other instruments which the Board has authorized to be executed, except in cases where signing or execution thereof shall be expressly delegated by the Agreement or by the Board to some other officer or agent of the Council, or shall be required by law to be otherwise signed or executed. B. Secretary- Treasurer. The Secretary- Treasurer shall: (a) attend and keep the minutes of the meetings of the Board; (b) provide all meeting notices in accordance with this intergovernmental agreement; (c) be custodian of the I -355 CPC records; (d) perform all necessary financial matters; and (e) I -355 CPC PAGE 8 perform such other duties as may be assigned by the Board. C. Vice - Chairman. The Vice - Chairman shall preside at all meetings of the 1 -355 CPC at which the Chairman is not present. During the absence or disability of the Chairman or in case of resignation or long term incapacity of the Chairman, the Vice - Chairman shall act as Chairman, performing all duties assigned the Chairman until a successor is selected at the next regular or special meeting for the remaining term of office. The Vice - Chairman may perform other duties, as requested by the Chairman. ARTICLE 6 FISCAL MATTERS AND BOOKS AND RECORDS Section 6.1 Dues and Fiscal Matters. (A) Each member will contribute $250.00 for the first year of Corridor Planning Council existence, even though funding is provided from another source, and such amounts in subsequent years as approved by a 3/4 vote of the membership. (B) Expenses will not be incurred unless authorized and funds generated for the expense of the membership. Section 6.2 Books and Records of the I -355 CPC. The Secretary- Treasurer shall keep detailed, complete and accurate financial and other records which shall be available for reasonable inspection. There shall be an annual report and audit prepared. Section 6.3 Contracts. The Board may authorize any officer or officers, or agent or agents of the I -355 CPC, in addition to the officers so authorized by the Agreement to enter into any contract or execute and deliver any instrument in the name of, or on behalf of the I -355 CPC and such authority may be in general or confined to specific instances. Section 6.4 Funds. The Board may accept any contribution, grant, or other funds for the general or special purposes of the I- 355 CPC. Section 6.5 Fiscal year. The fiscal year for the Council shall be the calendar year. ARTICLE 7 AMENDMENTS This Agreement may be amended by resolution of the Board, enacted by 100% of the Board members at any meeting thereof, providing that notice of any such proposed amendment has been mailed by the Secretary to all Members not more than sixty (60) nor less than ten (10) days prior to the date of the meeting at which I -355 CPC PAGE 9 such action is to be taken. ARTICLE 8 DURATION A. The I -355 CPC shall be of continuing duration for as long as no fewer than 50% of the Original Members remain. Withdrawal of any Member may be accomplished by the Member filing written notice with the I -355 CPC Secretary. B. If a Member withdraws from the I -355 CPC before the dissolution of the I -355 CPC or for any other reason, the membership of the Member is automatically terminated, such Member shall have no claim to the assets of the I -355 CPC. C. Notwithstanding anything contained herein to the contrary, unless all of the parties hereto have agreed in writing, on or before December 31, 2014, to extend the Termination Date (as hereinafter defined), this Agreement shall terminate on December 31, 2014 (the "Termination Date: and shall be of no further force or effect. ARTICLE 9 DISSOLUTION Upon unanimous agreement of all the then existing I -355 CPC Members or upon the I -355 CPC membership being reduced to less than 50% of the Original Members, the I -355 CPC shall be dissolved. Upon dissolution all property of the I -355 CPC shall be sold and the proceeds thereof together with monies on hand shall be distributed. Such distribution of I -355 CPC assets shall be made in proportion to the total contribution to the I -355 CPC by the members during the preceding years. ARTICLE 10 MISCELLANEOUS Section 10.1 Parliamentary Rules. Unless waived by a majority of the Board present at any duly called meeting of the Board, Roberts' Rules of Order (latest edition) shall govern the conduct of the proceedings of such meetings when not in conflict with Illinois law or the Agreement. Specifically excepted from this section are votes by the Board on the following I -355 CPC matters which all require a 3/4 (75%) affirmative vote of all I -355 CPC members: (1) application by a Governmental Unit for membership on the I -355 CPC; (2) the adoption of standards to implement the Principles of Agreement; (3) adoption of annual dues after the first year and an annual budget; moreover, amendment of the I -355 CPC PAGE 10 agreement requires a 100% affirmative vote. Section 10.2 Indemnification. Each Board Member and Officer of the Council who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, by reason of the fact that he is or was a Board Member or Officer of the Council, may be indemnified by the Council against those expenses and costs which are allowed by the laws of the State of Illinois and which are actually and reasonably incurred by him in connection with such action, suit, or proceeding. Such indemnification shall be made only in accordance with the laws of the State of Illinois and subject to the conditions prescribed therein. Section 10.3 Severability. If any provision of this Agreement is invalid for any reason, such invalidation shall not affect other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are to be severable. Section 10.4 Governing Law. This Agreement shall be construed in accordance with the laws of the State of Illinois. Section 10.5 Land Development Ordinances. Notwithstanding anything contained herein to the contrary, a Member may require more strict land development ordinances and controls within the Corridor than the land development ordinances and controls recommended by the Corridor Planning Council. Section 10.6 Counterparts. This Agreement may be executed in counterparts. IN WITNESS WHEREOF. The parties hereto, acting under the authority of their respective governing bodies, have caused this Agreement to be executed as of the day and year first above written. UNIT OF LOCAL GOVERNMENT By: Title: ATTEST: RICHARD A. RWASNESKI VILLAGE PRESIDENT 5/26/94 cpcintg.doc EXHIBIT A _I MON'EN FONT Al lei, Ng 1110 evIIIIIIP.Ab quip" M 01 .4111111111h1=P-04 jI — lin Atsaoar O FisrignilaCIffibminommiginiminuMjni F� ? 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