title
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COUNTY OF DU PAGE
AND THE LISLE PARK DISTRICT
FOR CH 3/WARRENVILLE ROAD BRIDGE REPLACEMENT
OVER EAST BRANCH OF DU PAGE RIVER
SECTION NO. 14-00124-04-BR
(COUNTY COST - $7,500.00)
resolution
end
WHEREAS, the County of DuPage (hereinafter referred to as COUNTY) proposes to improve CH 3/Warrenville Road over the East Branch of DuPage River by removing and replacing the existing bridge, Section No. 14-00124-04-BR (hereinafter referred to as PROJECT); and
WHEREAS, the COUNTY hereby determines that it is reasonable, necessary and in the best interest of the COUNTY to acquire a permanent easement and two temporary construction easements over a portion of the Lisle Park District’s (hereinafter referred to as DISTRICT) property for the PROJECT; and
WHEREAS, the COUNTY and the DISTRICT are empowered to enter into an agreement for the transfer of said property pursuant to the authority granted in the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., the Local Government Property Transfer Act, 50 ILCS 605/0.01 et seq. (hereinafter referred to as TRANSFER ACT) and in Article VII, Section 10, of the Illinois Constitution of 1970; and
WHEREAS, the COUNTY and the DISTRICT are municipalities as defined in Section 1 (c) of the TRANSFER ACT; and
WHEREAS, Section 2 of the TRANSFER ACT authorizes the conveyance of real property from one municipality to another municipality upon two-thirds vote of the corporate authorities of the transferor municipality; and
WHEREAS, as a condition precedent to a conveyance under Section 2 of the TRANSFER ACT, the transferee, the COUNTY, must first declare by ordinance “that it is necessary or convenient for it to use, occupy or improve” the real estate held by the transferor municipality; and
WHEREAS, the COUNTY and the DISTRICT have determined it is necessary to enter into an intergovernmental agreement (hereinafter referred to as AGREEMENT) for the COUNTY to acquire a permanent easement and two temporary construction easements and to define mutual PROJECT responsibilities; and
WHEREAS, the DISTRICT is empowered to convey a permanent easement and two temporary construction easements over a portion of the DISTRICT’s property to the COUNTY upon a two-thirds vote of the DISTRICT’s Board pursuant to the authority conferred by the TRANSFER ACT.
NOW, THEREFORE, BE IT ORDAINED by the DuPage County Board that the recitals set forth above are incorporated herein and made a part hereof; and
BE IT FURTHER ORDAINED that the COUNTY hereby declares that “it is necessary or convenient for it to use, occupy or improve” property owned by the DISTRICT as referenced in the attached AGREEMENT; and
BE IT FURTHER ORDAINED that it is in the best interest of the COUNTY to enter into the attached AGREEMENT; and
BE IT FURTHER ORDAINED that the County Board Chair is hereby authorized and directed to sign on behalf of the COUNTY, and the Clerk is hereby authorized to attest thereto, the AGREEMENT entitled “INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DU PAGE AND THE LISLE PARK DISTRICT FOR IMPROVEMENTS ALONG CH 3/WARRENVILLE ROAD OVER EAST BRANCH OF DU PAGE RIVER BRIDGE, SECTION 14-00124-04-BR”; and
BE IT FURTHER ORDAINED that the County Engineer, or his designee, is hereby authorized to execute any other documents necessary and pertinent to said AGREEMENT and shall take such action as may be necessary to carry out the terms of said AGREEMENT; and
BE IT FURTHER ORDAINED that the Clerk is hereby directed to transmit two duplicate originals of this authorizing Ordinance and AGREEMENT to the Lisle Park District, by and through the Division of Transportation.
Enacted and approved this 11th day of April, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK