title
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF DU PAGE, ILLINOIS
AND THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY
WARRENVILLE ROAD BRIDGE OVER THE EAST BRANCH DUPAGE RIVER
(COUNTY COST $10.00)
resolution
WHEREAS, the County of DuPage, Illinois (hereinafter referred to as COUNTY) and Illinois State Toll Highway Authority (hereinafter referred to as ILLINOIS TOLLWAY) are public agencies within the meaning of the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); and
WHEREAS, Article VII, Section 10, of the 1970 Constitution of the State of Illinois 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 COUNTY by virtue of its power set forth in “Counties Code” (55 ILCS 5/1001 et seq.) and “Illinois Highway Code” (605 ILCS 5/5-101 et. seq.) and the TOLLWAY by virtue of its power set forth the “Toll Highway Act” (605 ILCS 10/1 et seq.) are authorized to enter into agreements and contracts; and
WHEREAS, the COUNTY, in order to facilitate the free flow of traffic and ensure safety to the motoring public, proposes to reconstruct the bridge carrying Warrenville Road over the East Branch of the DuPage River, (referred to as the "PROJECT"), adjacent to the Ronald Reagan Memorial Tollway-I-88 (TOLL HIGHWAY); and
WHEREAS, the ILLINOIS TOLLWAY owns real property located at the southwest corner of the PROJECT, identified as parcel number E-2-21.10.ex (hereinafter PARCEL), which is necessary for the construction of the PROJECT and associated improvements, including compensatory storage; and
WHEREAS, it is not anticipated that the parcel will be required for TOLL HIGHWAY maintenance, operations, or future construction improvements and therefore is considered excess to the needs of the ILLINOIS TOLLWAY; and
WHEREAS, it is in the best interest of the PARTIES that the ILLINOIS TOLLWAY convey the PARCEL to the COUNTY for public use; and
WHEREAS, a cooperative Intergovernmental Agreement is appropriate and such an Agreement is authorized by Article VII, Section 10 of the Illinois Constitution and the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq; and
WHEREAS, the PARTIES, by this Intergovernmental Agreement shall determine and establish their respective responsibilities toward the PARCEL conveyance as proposed; and
WHEREAS, the Intergovernmental Agreement must be executed before construction of the PROJECT can begin.
NOW, THEREFORE, BE IT RESOLVED by the DuPage County Board, that the Chair and Clerk of said Board are hereby directed and authorized to execute the attached Intergovernmental Agreement with the ILLINOIS TOLLWAY; and
BE IT FURTHER RESOLVED that two (2) original copies of this resolution and Intergovernmental Agreement be sent to the ILLINOIS TOLLWAY, by and through the Division of Transportation.
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Enacted and approved this 13th day of June, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK