title
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF DU PAGE, ILLINOIS
AND THE VILLAGE OF BENSENVILLE
FOR THE CONSTRUCTION AND MAINTENANCE RESPONSIBILITIES
OF CH 8/YORK ROAD MULTI-USE PATH
SECTION 24-00171-09-FP
(ESTIMATED COUNTY COST $557,031.00)
resolution
WHEREAS, the County of DuPage (hereinafter referred to as “COUNTY”) and the Village of Bensenville (hereinafter referred to as “VILLAGE”) 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 VILLAGE by virtue of its power set forth in the “Illinois Municipal Code” (65 ILCS 5/1-1-1 et seq.) are authorized to enter into agreements and contracts; 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 Illinois State Toll Highway Authority (“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 reconstruction of York Road from south of Gateway Road to south of Devon Avenue ("PROJECT"); and
WHEREAS, the COUNTY requested that the TOLLWAY expand the ORIGINAL YORK ROAD SCOPE to include the re-construction of a shared-use path on the west side of York Road, from Gateway Road to South Thorndale Ave, in the VILLAGE OF BENSENVILLE, Section #24-00171-09-FP (hereinafter referred to as the “YORK ROAD PATH”); as shown in Exhibit A; and
WHEREAS, the COUNTY also requested the TOLLWAY expand the shared use path from South Thorndale Avenue to Ramp Q5 in the VILLAGE OF BENSENVILLE (hereinafter referred to as the “YORK ROAD NEW PATH”) also shown in Exhibit A; and
WHEREAS, the COUNTY, and the VILLAGE OF BENSENVILLE desire to establish their respective responsibilities toward engineering, right-of-way acquisition, utility relocation, construction, funding, jurisdiction and future maintenance responsibilities of the YORK ROAD PATH and YORK ROAD NEW PATH (hereinafter sometimes referred to together as the “PATHS”); and
WHEREAS, the COUNTY and the VILLAGE have determined that it is in their mutual best interests to enter into this AGREEMENT; and
WHEREAS, said Intergovernmental Agreement must be executed before the PROJECT may be initiated.
NOW, THEREFORE, BE IT RESOLVED that the DuPage County Chair is hereby authorized and directed to sign on behalf of the COUNTY, and the DuPage County Clerk is hereby authorized to attest thereto, the attached Intergovernmental Agreement with the between the COUNTY OF DUPAGE and the VILLAGE; and
BE IT FURTHER RESOLVED by the DuPage County Board, that the Director of Transportation or his designee, is hereby authorized to accept and execute any documents necessary and pertinent to the PROJECT; and
BE IT FURTHER RESOLVED that an original copy of this Resolution and Intergovernmental Agreement be sent to the VILLAGE, by and through the Division of Transportation.
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Enacted and approved this 10th day of December, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK