title
AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF LISLE AND
THE COUNTY OF DU PAGE FOR THE
MAIN STREET STORAGE BASIN PROJECT
resolution
WHEREAS, the VILLAGE and COUNTY are each public agencies within the meaning of the Intergovernmental Cooperation Act, as set forth in 5 ILCS 220/1 et. seq.; and
WHEREAS, Article VII, Section 10, of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act authorize units of local government to enter into intergovernmental agreements pertaining to intergovernmental activities; and
WHEREAS, the Illinois General Assembly has granted the COUNTY authority to construct stormwater facilities and to enter into agreements for the purposes of constructing stormwater facilities (Illinois Compiled Statutes Chapter 55, paragraphs 5-1062.3, and 5-15001 et. seq.; and
WHEREAS, pursuant to said authority, the COUNTY has sought to undertake a project to reduce flooding by constructing a flood control storage basin, generally located along Main Street, between Middleton Drive and Lacey Avenue, within the Village of Lisle (herein referred to as the “PROJECT”); and
WHEREAS, the COUNTY and the VILLAGE desire to cooperatively implement the PROJECT for the purposes of stormwater management, flood control, water quality enhancement, improvement of wildlife and plant habitat for DuPage County residents; and
WHEREAS, the COUNTY and the VILLAGE have determined that the construction of the PROJECT’S stormwater components will benefit local citizens by improving drainage and reducing the depth and duration of localized flooding within the Village of Lisle; and
WHEREAS, the COUNTY and the VILLAGE have determined that the construction of the PROJECT’S multi-use path component will benefit local citizens by improving recreation and transportation options within the Village of Lisle; and
WHEREAS, the COUNTY owns real property located between Main Street and Center Avenue, as depicted on the attached Plat of Easement (Exhibit A) in the AGREEMENT; and
WHEREAS, the “12’ Path Easement” depicted on the Plat of Easement is necessary for the VILLAGE to construct a multi-use path on COUNTY property; and
WHEREAS, it is in the best interest of the COUNTY and the VILLAGE that the COUNTY grant said easement to the VILLAGE for public use; and
WHEREAS, the COUNTY and the VILLAGE are municipalities under Section 1(c) of the Local Government Property Transfer Act, 50 ILCS 605/1(c) (hereinafter referred to as the “Transfer Act”); and
WHEREAS, Section 2 of the Transfer Act authorizes the COUNTY, pursuant to a resolution passed by a two-thirds vote of the members of its corporate authority, to convey property, including an easement, to the VILLAGE where it is necessary or convenient for the VILLAGE to use, occupy or improve the property in the making of any public improvement or for a public purpose by the VILLAGE if the VILLAGE has passed an ordinance making such a finding; and
WHEREAS, the VILLAGE on October 16, 2023, passed Ordinance No. 2023-5031 “that the Village Board finds it necessary or convenient for it to obtain an easement over the property to use, occupy or improve for the purpose of constructing a multi-use path upon;” as depicted on the Plat of Easement (Exhibit A) of the AGREEMENT; and
WHEREAS, the Stormwater Management Planning Committee has reviewed and recommended approval of the attached AGREEMENT and its Plat of Easement (Exhibit A).
NOW, THEREFORE, BE IT RESOLVED by the DuPage County Board that the attached AGREEMENT between the COUNTY and the VILLAGE OF LISLE 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, by and through the Stormwater Management Department, to the Village of Lisle, 925 Burlington Avenue, Lisle, IL 60532; and Nicholas Alfonso/State's Attorney's Office.
end
Enacted and approved this 14 day of November, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK