INTERGOVERNMENTAL AGREEMENT BETWEEN COUNTY OF DUPAGE, ILLINOIS AND MILTON TOWNSHIP HIGHWAY DEPARTMENT FOR THE LLOYD AVENUE CULVERT REHABILITATION DRAINAGE IMPROVEMENT PROJECT
title
resolution
WHEREAS, the Milton Township (TOWNSHIP) and the County of DuPage (COUNTY) are public agencies within the meaning of the Illinois “Intergovernmental Cooperation Act” and as authorized by Article 7, Section 10 of the Constitution of the State of Illinois; and
WHEREAS, the purposes of the “Intergovernmental Cooperation Act” and Article 7 of the Constitution of the State of Illinois include fostering cooperation among government bodies; and
WHEREAS, the Illinois General Assembly has granted the COUNTY authority to take action to control flooding, manage stormwater runoff and improve drainage throughout the COUNTY’S territory and to enter into agreements for the aforesaid purposes (Illinois Compiled Statutes, Chapter 55 paragraphs 5/5-1062.3 and 5/5-15001 et. seq.); and
WHEREAS, pursuant to said authority, the COUNTY and TOWNSHIP have sought to undertake a project to improve drainage by performing culvert maintenance along Lloyd Avenue, generally located between Glen Park Road and Hemstead Road within unincorporated Milton Township; and
WHEREAS, the COUNTY and TOWNSHIP have developed a plan to rehabilitate existing drainage improvements associated with the Lloyd Avenue Culvert, (herein referred to as the “PROJECT”); and
WHEREAS, the COUNTY and the TOWNSHIP have determined and intend that the PROJECT will benefit local citizens by improving drainage and reducing the occurrence of localized flooding within Milton Township; and
WHEREAS, the COUNTY and TOWNSHIP have determined to each contribute funding for the PROJECT’S construction costs, with the COUNTY’S contribution via its Drainage Assistance Program constituting either fifty percent (50%) of the PROJECT’s allowable construction costs or an amount not to exceed sixty thousand dollars and zero cents ($60,000.00), whichever is lesser, and the TOWNSHIP’s contribution being sixty thousand dollars and zero cents ($60,000.00) or the remainder of the PROJECT’s cost, whichever is greater; and
WHEREAS, the COUNTY and TOWNSHIP shall jointly undertake the PROJECT, with the COUNTY responsible for the award of the construction contract and payment of all PROJECT allowable construction costs up front, through an existing Cooperative Purchasing Agreement vetted through OMNIA Partners (hereinafter referred to as “OMNIA”), and subject to reimbursement by the TOWNSHIP following substantial completion of the PROJECT, per this AGREEMENT.
NOW, THEREFORE, BE IT RESOLVED, by the DuPage County Board that the attached AGREEMENT between the COUNTY and the TOWNSHIP is hereby accepted and approved; and that the Chair of the DuPage County Board is hereby authorized and directed to execute the AGREEMENT on behalf of the COUNTY.
BE IT FURTHER RESOLVED that the DuPage County Clerk be directed to transmit certified copies of this Resolution and the attached AGREEMENT to Milton Township Highway Department, 23W040 Poss Street, Glen Ellyn, IL 60137; and Nicholas Alfonso/State's Attorney's Office.
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Enacted and approved this 10th day of December, 2024 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK