title
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF DU PAGE, ILLINOIS,
AND THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY
YORK ROAD RECONSTRUCTION (GATEWAY DRIVE TO DEVON AVENUE)
(COUNTY COST $24,793,250.00)
resolution
WHEREAS, the County of DuPage (hereinafter "COUNTY"), and the Illinois State Toll Highway Authority (hereinafter referred to as "TOLLWAY"), are public agencies within the meaning of the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. and Article VII, Section 10, of the 1970 Constitution of the State of Illinois which encourages and provides for units of local government to contract and otherwise associate with each other to exercise, combine or transfer any power or function; and
WHEREAS, the TOLLWAY, by virtue of its powers as set forth in the Toll Highway Act, 605 ILCS 10/1, et seq., is authorized to enter into this AGREEMENT; and
WHEREAS, the COUNTY, as set forth in the Counties Code, 55 ILCS 5/5-101, et seq., is authorized to enter into this AGREEMENT; and
WHEREAS, in order to promote the public welfare and facilitate vehicular traffic by providing convenient, safe, modern and limited access highways within and through the State of Illinois, the TOLLWAY intends to construct the I-490 Toll Highway connecting the Jane Addams Memorial Tollway (I-90) with the Tri-State Tollway (I-294) along the west side of O’Hare International Airport (“O’Hare Airport”) as part of the ILLINOIS TOLLWAY’s Elgin O’Hare Western Access (“EOWA”) project; and
WHEREAS, the EOWA project includes the resurfacing of York Road from south of South Thorndale Avenue to south of Supreme Drive (“ORIGINAL YORK ROAD SCOPE”). Other EOWA project improvements along or adjacent to York Road include the reconstruction of Supreme Drive from Thomas Drive to York Road, improvements along South Thorndale Avenue from York Road to Sievert Court, the installation of black coated traffic signals at the intersection of South Thorndale Avenue and York Road and at the intersection of Ramp Q5 and York Road, EVP at South Thorndale Avenue and York Road, and guardrail/barrier along York Road from south of South Thorndale Avenue to south of Supreme Drive, and improvements along York Road (“ORIGINAL EOWA SCOPE”); and
WHEREAS, the COUNTY requested that the TOLLWAY expand the ORIGINAL YORK ROAD SCOPE to include the reconstruction of York Road from Gateway Road to Devon Avenue (excluding the York Road dry-land bridge over the Willow Creek Floodplain and the York Road at-grade railroad crossing with Progressive Rail south of South Thorndale Avenue), and also include (i) construction of a shared use path on the west side of York Road from Gateway Road to South Thorndale Avenue in the Village of Bensenville and from Pan Am Boulevard to Devon Avenue in Elk Grove Village, (ii) traffic signal modernization at the intersection of Foster Avenue and York Road,
(iii) LED illuminated signage at the South Thorndale Avenue and York Road and proposed O’Hare Airport egress ramp (“Ramp Q5”) and York Road intersections, (iv) transitional lighting, and (v) minor deck and guardrail repairs on the dry-land bridge over the Willow Creek Floodplain. The above-listed expansion items are collectively referred to as “COUNTY REQUESTED IMPROVEMENTS, and both parties desire to determine and establish their respective responsibilities toward engineering, right of way acquisition, utility relocation, construction, funding, maintenance and jurisdiction of the project;” and
WHEREAS, a cooperative intergovernmental agreement is appropriate and must be executed before construction of the project can begin; and
WHEREAS, the DuPage County Board finds it is appropriate to authorize the Chair of the DuPage County Board to execute an Intergovernmental Agreement, substantially the same as the agreement in Exhibit A, between the COUNTY and the TOLLWAY establishing both parties’ responsibilities.
NOW, THEREFORE, BE IT RESOLVED, that the DuPage County Board authorizes the Chair of the DuPage County Board to execute an Intergovernmental Agreement, substantially the same as the agreement in Exhibit A, between the COUNTY and the TOLLWAY establishing both parties’ responsibilities, and the DuPage County Clerk is hereby authorized to attest thereto; and
BE IT FURTHER RESOLVED those two (2) original copies of this Resolution and Intergovernmental Agreement be sent to the TOLLWAY, by and through the Division of Transportation.
end
Enacted and approved this 24th day of October, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK