INTERGOVERNMENTAL HOUSING AGREEMENT
BETWEEN DU PAGE COUNTY AND KANE COUNTY
FOR THE HOUSING OF PRISONERS
title
resolution
WHEREAS, the County of DuPage, Illinois, a unit of local government and the Sheriff of DuPage County and the County of Kane, Illinois, a unit of local government and the Sheriff of Kane County (hereinafter collectively referred to as "the Parties"), are desirous of entering into an Intergovernmental Housing Agreement for reciprocal housing of prisoners; and
WHEREAS, the Parties are units of local government within the meaning of Section 10 of Article 7 of the Constitution of the State of Illinois; and
WHEREAS, the Parties are also public agencies within the meaning of the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); and
WHEREAS, the Parties are authorized to contract among themselves to obtain or share services, or exercise, combine, or transfer any power or function in any manner not prohibited by law (5 ILCS 220/3); and
WHEREAS, counties are required to keep and maintain a jail facility in its county for its use, which may be satisfied by a single jail facility jointly used and maintained by two counties (730 ILCS 125/1); and
WHEREAS, the Parties agree that it is in their best interest to enter into a contract to obtain and provide the available housing for their respective prisoners; and
WHEREAS, for purposes of this Agreement, the party to be housing the other party's prisoners and detainees shall hereinafter be referred to as the "Housing Party", and the party requesting their prisoners and detainees be housed outside the confines of their own facility and, instead be housed at the Housing Party's facility shall hereinafter be referred to as the "Non-Housing Party"; and
NOW, THEREFORE, BE IT RESOLVED, by the DuPage County Board that the attached Intergovernmental Housing Agreement shall be and is hereby approved; and
BE IT FURTHER RESOLVED that the DuPage County Board Chair is authorized to enter into the attached Intergovernmental Housing Agreement; and
BE IT FURTHER RESOLVED that the DuPage County Clerk transmit copies of this resolution to the Auditor, Treasurer, Finance Department, Sheriff, State's Attorney, the County Board, the Kane County Clerk and one copy to the Kane County Sheriff.
end
Enacted and approved this 22nd day of August, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK