O-880-95 02/27/95ORDINANCE a0
ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT WITH LEMONT FIRE PROTECTION DISTRICT
FOR THE INSTALLATION OF OPTICOM PRE - EMPTIVE DEVICES
AT SEVERAL INTERSECTIONS WITHIN THE VILLAGE OF LEMONT
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes
units of local government to cooperate with each other in order to accomplish common
goals and objectives; and
WHEREAS, the Intergovernmental Cooperation Act provides that any power or
powers, privilege or authority exercised or which may be exercised by a unit of local
government may be exercised and enjoined jointly with any other unit of local government;
and
WHEREAS, the Village has determined that is in its best interest to enter into an
Intergovernmental Agreement to secure the benefits of an Opticom System at several
intersections within the Village of Lemont.
NOW, THEREFORE, BE IT ORDAINED by the Board of Trustees of the Village of
Lemont as follows:
Section 1: The Village. President and Village Clerk are authorized and directed
to execute an Intergovernmental Agreement with the Lemont Fire Protection District
which is attached as Exhibit A.
Section 2: This Ordinance shall be in full force and effect upon its adoption.
Section 3: This Ordinance shall supersede any ordinances, resolutions, motions,
or parts of ordinances, resolutions or motions in conflict with any part herein, and
any such ordinance, resolution or motion or parts thereof, are hereby repealed.
Section 4: If any section, paragraph or provision of this Ordinance shall be held
invalid or unenforceable for any reason, such invalidity or inability to enforce shall
not affect any of the remaining provisions of this Ordinance.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OMONT, COUNT ES 9F COOK, WILL AND DU PAGE, ILLINOIS
ON THIS day of , 1995.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Richard Rimbo
Ralph Schobert
Approved by me this
Attest:
day of
AYES NAYS PASSED ABSENT
CHARLENE M. SMOLLEN, Village Clerk
1995
CHARLENE M. SMOLLEN, Village Clerk
ASNESKI, Village President
INTERGOVERNMENTAL AGREEMENT TO PROVIDE FOR
INSTALLATION OF OPTICOM PRE - EMPTIVE DEVICES
AT SEVERAL INTERSECTIONS WITHIN THE VILLAGE OF LEMONT
This agreement is made and entered into on the last date set forth next to the
signature of the LEMONT FIRE PROTECTION DISTRICT and the VILLAGE OF
LEMONT (the "Parries "), that have approved this Agreement in the manner provided by law,
and have subscribed hereto and further by and between the Parties as further enumerated
herein.
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes
units of local government and school districts to cooperate with each other in order to
accomplish common goals and objectives; and
WHEREAS, 5 ILCS 220/3, entitled "Intergovernmental Cooperation Act" provides
that any power or powers, privilege or authority exercised or which may be exercised by a
unit of local government may be exercised and enjoined jointly with any other unit of local
government; and
WHEREAS, the Parties are units of local governments; an
WHEREAS, the Parties are public agencies pursuant to the Intergovernmental
Cooperation Act; and
WHEREAS, the Parties recognize the need to cooperate in maintaining their concern
for public safety; and
WHEREAS, the Parties hereto have determined that it is in their best interest to
enter into this Agreement to secure to each the benefits of an Opticom System at the
intersections enumerated herein and other related services dealing with the protection of life
or property in an emergency; and
NOW, THEREFORE, the Parties do hereby enter into this Intergovernmental
Agreement to cooperate upon the following terms and conditions:
Section 1: The Parties will purchase an Opticom System (the "System ") and engage
a contractor to install the System at the following intersections:
State Street & Illinois Street
State Street & 127th Street
State Street & Keepataw Drive
Archer Avenue & McCarthy Road
Archer Avenue & 127th Street (future signal)
Section 2: The Village of Lemont has received approval from the Southwest Council
of Local Governments for 70% funding (via I.D.O.T.) of the equipment installation and
system costs. The Parties agree to equally fund the remaining 30% of the installation and
system costs.
Section 3: The Parties will equally fund any engineering and bidding expenses
incurred in the procurement of the system.
Section 4: The Parties will pay the cost for the devices to be placed in their own
vehicles.
Section 5: The Parties agree that each will pay fifty percent (50 %) of the cost for
future maintenance. The Village of Lemont will be responsible for all maintenance.
Section 6: The Parties agree to fully cooperate and assist each other in maintaining
all necessary permits, licenses or applications with any governmental body which has
jurisdiction over the above - mentioned intersections or the above - mentioned Opticom
Systems. The Village of Lemont is responsible for obtaining the permits required for
installation of the system.
Section 7: The Parties agree that the Opticom system installed and maintained
pursuant to this Agreement shall be used by the Parties for their mutual benefit.
Section 8: The Parties agree to waive all and any of their rights to bring any action
against each other which allege improper selection and /or installation and /or maintenance
of the Opticom System at the above - mentioned intersections.
Section 9: Upon declaration by the VILLAGE OF LEMONT that the installation at
each intersection is complete, ownership of the system shall vest equally with the Parties.
If, for any reason, either Party decides to terminate this Agreement, the non - terminating
Party shall own the System. Each party shall maintain ownership of the devices installed in
their vehicles.
Section 10: This Agreement shall terminate upon sixty (60) days' written notice of
termination by either party, or whenever the Opticom System can no longer be maintained,
whichever occurs first.
Section 11: This Agreement shall be in full force and effect upon its adoption and
shall supersede any agreement, resolution or motions or parts of agreement, resolutions or
motions in conflict with any part herein and any such resolutions or motions or parts of
resolutions are hereby repealed.
Section 12: If any section, paragraph or provision of this Agreement shall be held
invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect
any of the remaining provisions of this Agreement.
IN WITNESS WHEREOF, the Parties pursuant to proper and necessary
authorization, have executed this Agreement on the date shown below.
APPROVED AND ADOPTED
on March 7 , 1995 by
LEMONT FIRE PROTECTION DISTRICT Attest:
By: &CAL: P. Ao -c-h,
President
APPROVED AND ADOPTED
on 7 , 1995 by
--._ I...L._
By
Secretary
By:
471 LL
Village Clerk
each intersection is complete, ownership of the system shall vest equally with the Parties.
If, for any reason, either Party decides to terminate this Agreement, the non - terminating
Party shall own the System. Each party shall maintain ownership of the devices installed in
their vehicles.
Section 10: This Agreement shall terminate upon sixty (60) days' written notice of
termination by either party, or whenever the Opticom System can no longer be maintained,
whichever occurs first.
Section 11: This Agreement shall be in full force and effect upon its adoption and
shall supersede any agreement, resolution or motions or parts of agreement, resolutions or
motions in conflict with any part herein and any such resolutions or motions or parts of
resolutions are hereby repealed.
Section 12: If any section, paragraph or provision of this Agreement shall be held
invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect
any of the remaining provisions of this Agreement.
IN WITNESS WHEREOF, the Parties pursuant to proper and necessary
authorization, have executed this Agreement on the date shown below.
APPROVED AND ADOPTED
on March 7 , 1995 by
LEMONT FIRE PROTECTION DISTRICT Attest:
By: dC.c : P. Q cat
President
APPROVED AND ADOPTED
on - i-2-e1 �-.-._ - 0- 7
E OF L ONT
, 1995 by
By:
Presiden
By:
Village Clerk
41_4,
Secretary