COUNTY OF KANE DOCUMENT VET SHEET. for Christopher J. Lauzen Chairman, Kane County Board. Resolution No.: -'-1-'-4--'-7=2

Transcription

1 COUNTY OF KANE Christopher J Lauzen Kane Kane County Government Center 719 South Batavia A venue Geneva, IL P: (630) F: (630) clauzen@kanecoboard.org DOCUMENT VET SHEET for Christopher J. Lauzen Chairman, Kane County Board RECEIVfEfl] APR Name of Document: IGA between County of Kane Resolution No.: -'-1-'-4--'-7=2 KANE COUNTY BOARD And Township Road Districts for Administration of the Oversize/Overweight Permit Pro ram Submitted by:.::.l.:..:...:in=da::::...!.-'hc=a=in=e-=-s Date Submitted: ::...:A=prc:.!il...::3:..., =20:::...1-'-4, _ Legal Review of Contract Terms (Atty. Sign-off): --r---r:::._;_----7''+-----ti Approved by: (Legality) Chairman signed: YES ; NO LJ/ vbn I 'f 1 ~-t(; (if.lte) ~ Document.r~d to: _----~./!...e.~~..::;_:;_-=--j+-fj:...;::._r-...l.~~-;j ~~Y-=~ (Na~artmelt)- --r Rev. 3/2014

2 STATE OF ILLINOIS COUNTY OF KANE RESOLUTION NO APPROVING INTERGOVERNMENTAL AGREEMENTS BETWEEN AND VARIOUS KANE COUNTY TOWNSHIP ROAD DISTRICTS FOR A CENTRALIZED OVERSIZED I OVERWEIGHT HIGHWAY PERMITTING SYSTEM WHEREAS, oversize and overweight (OS/OW) vehicles desiring to travel through Kane County are required to obtain permits from the County and from various Township Road Districts in Kane County for use of County and township roads; and WHEREAS, various Township Road Districts in Kane County desire to centralize the issuance of OS/OW permits and the County of Kane agrees to be the lead agency for consolidating tt;je issuance of said permits and creating a centralized OS/OW permitting system; and WHEREAS, the centralized OS/OW permitting system will be an extension of the County's current OS/OW permitting program; and WHEREAS, various Township Road Districts agree to participate in a centralized OS/OW permitting system; and WHEREAS, the obligations, duties and responsibilities of the County and the participating Township Road Districts for the establishment and use of centralized OS/OW permits are set forth in an intergovernmental agreement (a copy of which is on file in the office of the Kane ); and WHEREAS, it is in the public interest to enter into an intergovernmental agreement for the centralized OS/OW permit system. NOW, THEREFORE, BE IT RESOLVED by the County Board of the County of Kane, Illinois, that the Chairman thereof is hereby authorized to execute, on behalf of the County of Kane, an intergovernmental agreement with each of the Towns hip Road Districts for the Centralized Oversized I Overweight Permitting System. the Kane County Board on March 11, hn A. Cunningham Clerk, County Board Kane County, Illinois Vote: 'Yes No Voice Abstentions 31GA-TownshipRds I, John A. Cunningham, Kane and Keeper of the Records In Kane County, Illinois do hereby certify that the attached is a true and correct copy of the original record on file. In witness whereof, 1 have hereunto set my hand and affix the Seal of the County of Kane at my office In Geneva, Illinois

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4 INTERGOVERNMENTAL AGREEMENT BETWEEN AND THE AURORA TOWNSIDP ROAD DISTRICT FOR me ADMINISTRATION OF AN OVERSIZE/OVERWEIGHT PERMIT PROGRAM This. AGREEMENT is entered into this day of 2014 by and between the County of Kane, a body corporate and politic of the State of Dlinois, (hereinafter referred to as the "COUNTY'') and the Aurora Township Road District a body corporate and politic of the State of Illinois, (hereinafter referred to as the "ROAD DISTRICT"). The COUNTY and the ROAD DIStRICT are sometimes herein8.fter individually referred to as a "PARTY" and collectively referred to as the "PARTIES". WITNESSETH: WHEREAS, the lllinois Constitution of 1970, Article VII, Section 10 and ILCS 220/1, et seq. authorizes KANE and the AURORA TOWNSHIP ROAD DISTRICT to cooperate in the performance of their respective duties and responsibilities by con.tract and other agreements; and WHEREAS, both the COUNTY and the ROAD DISTRICT are authorized pursuant to the Dlinois Vehicle Code to regulate the use of the highways and roads under their respective jurisdictions: and in particular to regulate the.u.se of said highways and roads by vehi~es that exceed the lawful size and weight restrictions enacted therefor; and WHEREAS, the COUNTY has developed and uses the Kane County Moving Permit System. The Moving Perm.lt System is a computer based software system that is used for the issuance, traclcing and administration of all permits issued by.the COUNTY for the use of the COUNTY's highways and in particular for the use of the COUNTY's highways by vehicles that exceed lawful oversize (hereinafter "OS") and overweight (hereinafter ow'') restrictions. The Moving Permit System for the administration of overweight and oversize vehicles is hereinafter referred to~ the "OS/OW"~ and WHEREAS, the issuance of any OS/OW ~t by the COUNTY is contingent upon the payment to the COUN'IY of a pennit fee which fee is calculated to reimburse.the_ COUNTY for its cost to administer the Moving Permit System and in particular the issuance of OS/OW permits and to also defray the cost ofthe impact (wear and tear) of the OS and or /OW vehicle on COUNTY's highway(s); and WHEREAS, the issuance and regulation of OS/OW permits assists in the preservation of the integl'ity and the longevity of the highways under the COUNTY'S jurisdiction; and WHEREAS; the ROAD DISTRICT desires to utilize the COUNTY's OS/OW system and the expertise of the COUNTY's staff to administer a ROAD DISTRICT OS/OW permit program, which includes: review OS/OW permit requests and applications, denial or issuance of OS/OW permits and otherwise manage the review and issuance of OS/OW permits for the ROAD DISTRICT; and 1 ge 1 re 39t1d ld3q 1IW~3d loq ~~ 6 lgp8913e9 Wd813:ll3 P!l3l/13l/ 13

5 WHEREAS, the administration of a ROAD DISTRICT's OS/OW permit program is deemed by the COUNTY and the ROAD DISTRICT to be of immediate benefit to the residents of the County of Kane and the Aurora Township Road District and the State of lllinois in that they shall facilitate the efficient movement of traffic, shall provide for the safety of the motoring public and.shall help preserve the integrity of the ROAD DISTRICT's roads and bridges (hereinafter collectively '1-oads"); and WHEREAS, the COUNTY and the ROAD DISTRICT have determined a mutually satisfactory allocation of responsibilities and costs for a COUNTY administered ROAD DISTRICT OS/OW pennit program administration within the ROAD DISTRICtts jurisdiction as set forth in this Agreement; and WHEREAS, the COUNTY and the ROAD DIS'IJUCT, by this Agreement, desire to set forth and otherwise establish their respective responsibilities toward the issuance of ROAD DISTRICT OS/OW pennits; and ' WHEREAS, the COUNTY and the ROAD DISTRICT by virtue of their powers as set forth in the Illinois Highway Code (60 ILCS 6-201,11 et. seq.), the County Code ( ILCS / et seq.). and the lliinois Highway Code (60 ILCS /-04) are authorized by statute to enter into this Agreement. NOW, THEREFORE, in consideration of the aforementioned.recitals and the mutual covenants contained herein, the PAR TIES hereto covenant and agree as follows, to wit: I. GENERAL PROVISIONS AND INCORPORATION OF TERMS A. The PAR. Tms acknowledge and agree that the preambles set forth herein ~hove are incorporated into and made a substantive part of this Agreement. D. COUNTY OS/OW VEWCLE PERMIT RESPONSIBILITIES A. For puiposes of this Agreeme~t and the issuance of OS/OW pennits for all roads under the jurisdiction of the ROAD DISTRICT, the COUNTY shall cause all requests and applications for OS/OW pennits therefor that are received by the COUNTY to be administered by the COUNTY in the same m~er that the COUNTY administers the COUNTY OS/OW system. B. Beginning April!, 2014, the administration ofos/ow permits by the COUNTY for the ROAD DISTRICT shall include the acceptance of requests and applications, COUNTY staff review of applications, collection of pennit fees due for issuance of a permit and the issuance and/or denial as appropriate of an OS/OW permit for use of designated ROAD DISTRICT roads.. C. The County shall cause said OS/OW permits to be reviewed pursuant to the requirements of law and in accordance with the procedures utili2ed by the COUNTY for review and issuance of COUNTY OS/OW permits. 2 S~/6~ 391;;1d ld30 1IW~3d 100 8~

6 D. The COUNTY shall insure that any OS/OW permit issued shall at a minimum meet COUNTY standards. Such standards include but are not limited to review procedures and qualifications of personnel utilized for reviewing and issuing OS/OW permits. E. Upon the issuance of any OS/OW permit for the use of a ROAD DISTRICT road, the COUNTY shall foiward a eopy thereof to the ROAD DISTRICT. F. In conjunction with the issuance of every OS/OW permit, the COUNTY shall charge the applicant therefor the COUNTY's customary OS/OW permit charge.. G. The COUNTY shall pay to the ROAD DISTRICT on a quarterly basis within sixty ( 60) days of the end of each quarter. 80% of each OS/OW permit fee paid for the use of a ROAD DISTRICT road which is intended to defray the cost of wear and tear on the ROAD DISTRICrs road(s) to be traversed pursuant to the OS/OW pennit. The County shall retain 20% of the permit fee to defray the COUNTY's administrative cost for permit review and issuance. m. ROAD DISTRICT RESPONSIBILITIES A. Upon execution hereof, the ROAD DISTRICT shall identify to the COUN1Y all roads within the township under the jurisdiction of the ROAD DISTRICT. The ROAD DISTRICT acknowledges and shall have an ongoing obligation to u.pdate the COUNTY in. writing regarding any changes to the ROAD DISTRICT's road system that affect OS/OW permitting, including but not limited to bridge weight postings and/or seasonal road weight postings, among other things. Written notice as aforesaid shall be transmitted to the Kane County Division of Transportation - Permit Office by facsimile at or to a designated address established by KDOT. B. The ROAD DISTRICT shall direct all requests and applications for a permit to operate an OS and or OW vehicle on any ROAD DISTRICT road to the COUNTY at the following phone number: C. The ROAD DISTRICT shall defend, indemnify and hold harmless the COUNTY from any liability resulting in injury to persons or damage to property arising from the negligence of the ROAD DISTRICT or any activity of the ROAD DISTRICT or the COUNTY under the tenns of this Agreemenl D. The COUNTY shall defend, indemnify and hold harmless IV. GENERAL PROVISIONS A. It is understood and agreed that this is ail. intergovernmental agreement between the COUNTY and the ROAD DISTRICT and no other party. 3 SB/ 0 39t1d 1d3a 1IW~3d loa 8~ 6 ZSP89B 9 WdSB:zg P!BZ/BZ/ 0

7 B. It is understood and agreed by the PARTIES that the ROAD DISTRICT has jurisdiction of the roads that are the subject of this Agreement. C. Wherever in this Agreement approval or rev.iew by either the COUNTY or the ROAD DISTRICT is provided for, said approval or review shall not be unreasonably delayed or withheld. D. In the event of a dispute between the COUNTY and the ROAD DISTRICT in the canying out of the tenns of this Agreement, the County Engineer of Kane County shall resolve the issue and his decision shall be final. E. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. F. Under penalties of perjury, the COUNTY certifies that its correct Federal Tax Identification number is and it is doing business as a governmental entity, whose mailing address is 41 WOll Burlington Road. St. Charles, IL G. Under penalties ofpexjucy, the RqAD DISTRlCT c~fies that its correct Federal Tax Identification number is ;:3(p - (p O{){p /?_3 and it is doing business as a governmental entity, whose mailing address is 220 Butterfield Road, Aurora, IL H. This Agreement may only be modified by written modification executed by duly authorized representatives ofthe PARTIES hereto. I. The County of Kane and Kane County Township Highway Commissioner's Association shall review the administration of overweight and oversize vehicles and associated agreements on an annual basis in January. J. This Agreement shall be binding upon and inure to the benefit t;>f the PARTIES and their respective successors and approved assigns. K. It is agreed that the laws of the State ofidi.nois shall apply to this Agreement and that, in the event oflitigation, venue shall lie in Kane County, Dlinois. L. AU notices shall be in writing and shall be personally delivered or mailed to the following persons at the following addresses: To KANE: County Engineer of Kane County 41 WOll Burlington Road Aurora, illinois /P0 39'i1d ld30 liw~3d 100 8~

8 To the ROAD DISTRICT: ~ By: Attest: o- tfjj 4(J.o 1 ~ THE AURORA TOWNSWP ROAD DISTRICT s 9B/9B 39\;ld ld30 1IW~3d 100 8~

9 To the ROAD DISTRICT: By:~z- Attest: ~ THE BATAVIA TOWNSHIP ROAD DISTRICT By: Cbq~ Highway Commissioner 3-1'1- l i

10 To the ROAD DISTRICT: (!L_ lr-- By: Attest: THE BIG ROCK TOWNSIDP ROAD DISTRICT Highway Commissioner 3- I 9-ry Township Clerk

11 IN WITNESS THEREOF,'the parties have executed this AGREEMENT on the dates indicated. By:~~ Attest: -=--= THE BLACKBERRY TOWNSHIP ROAD DISTRICT -(!~ By:_.~~~~ Highway Commissioner Attest: ~ k Jd-cd[ll Township Clerk F~ ~~~t~f ~o:; tsr'oner.,,,... OfFICtAL SEAL LM RROTTER NOTARY PUBUC STATE OF 1WN01S ~ COINSSION E>IPIRWim/16 I

12 To the ROAD DISTRICT: By:~7y- Attest: THE BURLINGTON TOWNSHIP ROAD DISTRICT Highway Commissioner -19-1'/ Township Clerk

13 To the ROAD DISTRICT: IN WITNESS THEREOF, the parties ha:ve executed this AGREEMENT on the dates indicated. THE COUNTY OF KA.N.E By: Attest: THE CAMPTON TOWNSHIP ROAD DISTRICT Highw C Township Clerk tj9 -/.1-.::'& 1y s

14 To the ROAD DISTRICT: By:~ h- Attest: THE DUNDEE TOWNSHIP ROAD DISTRICT Highway Co 3-//~JY

15 To the ROAD.DISTRICT: By: County Boar!i Chairman i Attest: THE ELGIN TOWNSHIP ROAD DISTRICT B~ J~h-~r Highway Col)uniss:ioner Ob /2n i1ji4-- i l I Township Clerk 90/90 39~d ld3g 1IW~3d log 0~

16 By:~CL_' Zr-- u 1r tt I I, ')-<) 1 ~ Attest: THE GENEVA TOWNSIDP ROAD DISTRICT 'A~st:J~ Highway Commissioner.:{z.Jj;'f Township Clerk

17 To the ROAD DISTRICT: By: Attest: THE HAMPSH.IRE TOWNSHIP ROAD DISTRICT Highway Commissioner J -/~~ /'{ "'FFICIAL S!Altt TOWNSHIP OF HAMPSHIRE ORGANIZED 180 A~~ Township

18 el &- By: Attest: THE KANEVU.LE TOWNSHIP ROAD DISTRICT By: DaA p~ Attest:/c$A~ Highway Commissioner 3 -/9_,/JJ. f Township Clerk

19 To the ROAD DISTRICT: THE COVN:TY OF KANE By: (!L_ 6-- County Board Chaixman Attest: -=-: THE PLATO TOWNSHIP ROAD DISTRICT By;; = Highway Commissioner -~I;)...<.(/ t.. :~J; /) /J I ~/~, _, Att~t'iJ0 ~?k.k:..t(... Township Clerk ld3q 1IW~3d loq ~~

20 To the ROAD DISTRICT: IN WITNESS THEREOF. the parties have executed this AGREEMEN:T on the dates indicated. /JIL:_ 7 By:_...,u. ' ~---~ 1-1/ N{ J,O I i Attest: John Cunnigbam THE RUTLAND TOWNSHIP ROAD DISTRICT ar-p4jj4 Highway CommisErioner 3fi..r;4y Attest:(~, ~-- Township Clerk ld~a!i~~3d 10a o~

21 By: Attest: THE ST. CHARLES TOWNSIDP ROAD DISTRICT aq~ Ronald C. J~ n Highway Commissioner 3./ ( ~ flj I

22 To the ROAD DISTRICT: By: Attest: ' THE SUGAR GROVE TOWNSHIP ROAD DISTRICT By:~i~ Highway Commissioner J--:J I '-( Township Clerk /

23 To the ROAD DISTRICT: By: Attest: -=-:---::---:----- THE VIRGIL TOWNSHIP ROAD DISTRICT Highway Commissioner 3-/ Jr- :20/f Township Clerk KA&~~ ti!otary PueuC- STA'Tf OF ILLINOIS MY COMMisSioN EXPIRE$:()8114/17