title
INTERGOVERNMENTAL AGREEMENT BETWEEN COUNTY OF DUPAGE, ILLINOIS AND THE VILLAGE OF VILLA PARK FOR THE LUFKIN PARK POND BASIN PROJECT
resolution
WHEREAS, the VILLAGE and the 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 manage stormwater and control flooding and to enter into agreements for the purposes of stormwater management and flood control (Illinois Compiled Statutes, Chapter 55 paragraphs 5/5-1062.3 and 5/5-15001 et. seq.); and
WHEREAS, the COUNTY has adopted the DuPage County Stormwater Management Plan which recognizes the reduction of stormwater runoff as an integral part of the proper management of storm and flood waters; and
WHEREAS, the COUNTY has been awarded $179,266,585 in funding through the American Rescue Plan Act (ARPA); and
WHEREAS, ARPA permits the use of ARPA funds for stormwater infrastructure projects; and
WHEREAS, the COUNTY Board has allocated a portion of its ARPA funds be dedicated towards qualifying stormwater infrastructure projects; and
WHEREAS, the Stormwater Management Planning Committee and the DuPage County Board have approved a portion of the funds dedicated to Stormwater Infrastructure are to be used to fund program specific shovel-ready projects that demonstrate flood protection and resilience measures; and
WHEREAS, the DuPage County Board adopted the Sugar Creek Watershed Plan on September 11, 2018; and
WHEREAS, the expansion of the Lufkin Pond in Villa Park was a recommended project in the adopted Sugar Creek Watershed Plan; and
WHEREAS, the VILLAGE and COUNTY have agreed in concept that the “LUFKIN PARK POND BASIN PROJECT” meets the criteria as a project that qualifies as an ARPA Stormwater Infrastructure Project (herein referred to as the “PROJECT”); and
WHEREAS, the COUNTY and the VILLAGE have determined that the implementation of the PROJECT will benefit local citizens with flood protection, water quality and/or resilience measures; and
WHEREAS, the COUNTY shall pay all PROJECT expenses including planning, design, and construction expenses per this AGREEMENT; and
WHEREAS, the VILLAGE has agreed to allow the COUNTY and their contractors and staff to have full access to Lufkin Park until the project is substantially complete; and
NOW, THEREFORE, BE IT RESOLVED by the DuPage County Board that the attached AGREEMENT between the COUNTY and the Village of Villa Park 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 Villa Park, 20 S. Ardmore Avenue, Villa Park, IL 60181; and Nicholas Alfonso/State's Attorney's Office.
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Enacted and approved this 13 day of June, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK