title
AMENDING THE COUNTY BOARD’S PRIOR RESOLUTION PROVIDING NEGOTIATION AUTHORITY TO ACQUIRE NECESSARY PROPERTY INTERESTS FOR
STORMWATER MANAGEMENT PROJECTS
resolution
WHEREAS, the Illinois General Assembly has granted the County of DuPage ("COUNTY") authority to develop watershed plans, undertake measures to control and protect against flooding, manage stormwater 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 owns a large number of properties which it utilizes for various drainage, stormwater management, and flood control purposes; and
WHEREAS, on May 11, 2021, the County Board previously approved and accepted Resolution No. SM-R-0261-21, Providing Negotiation Authority to Acquire Necessary Property Interests for Stormwater Management Projects (attached hereto as Exhibit A), whereby, inter alia, the County Board delegated authority to the DuPage County Director of Stormwater Management, (or whomever serves as the County’s “Director” under the Countywide Stormwater and Flood Plain Ordinance) to grant authorization to other governmental units to utilize COUNTY owned properties for a public purpose without further COUNTY Board approval, such as by granting permanent and/or temporary easements and licenses for said use(s); and
WHEREAS, the COUNTY receives multiple requests each year from public and private utilities seeking the COUNTY’S authorization to utilize COUNTY-owned properties for some purpose or project beneficial to the general public and citizens of the County of DuPage; and
WHEREAS, the COUNTY commonly grants the appropriate authorizations as permanent easements, temporary easements, and licenses with the County Board’s approval; and
WHEREAS, the estimated number of COUNTY owned parcels requiring some manner of authorization such that public and private utilities may complete projects benefitting the public within the next few years is significant; and
WHEREAS, because of the number of authorizations, such beneficial public and private utility projects can be accomplished with greater efficiency and control by modifying the existing procedures for handling easement grants and license agreements; and
WHEREAS, the COUNTY utilizes standardized licenses and easement grants on forms approved by the State’s Attorney’s Office; and
WHEREAS, that most exchanges of property rights involve nominal consideration; and
WHEREAS, it is in the best interest of the COUNTY to formalize its authorization process for easements and licenses associated with such public and private utility projects.
NOW, THEREFORE, BE IT RESOLVED, that the County Board hereby Amends its prior Resolution No. SM-R-0261-21, Providing Negotiation Authority to Acquire Necessary Property Interests for Stormwater Management Projects, to include an additional delegation of authority to the DuPage County Director of Stormwater Management, (or whomever serves as the County’s “Director” under the Countywide Stormwater and Flood Plain Ordinance), to negotiate and enter into contracts on behalf of the COUNTY to grant authorization to public and private utilities to utilize County-owned property for any public purpose without further County Board approval.
BE IT FURTHER RESOLVED, that copies of this Resolution be sent to the State’s Attorney’s Office, Attn: Nicholas Alfonso, by and through the Stormwater Management Department.
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Enacted and approved this 11th of August, 2026 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK