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HomeMy WebLinkAboutRESOLUTION - 45-06 - 11/14/2006 - AMENDED AGRMTRESOLUTION NO. 45-06 A RESOLUTION AUTHORIZING ENTRY INTO AN AMENDED AGREEMENT FOR NORTHWEST CENTRAL DISPATCH SYSTEM WHEREAS, the Mayor and Board of Trustees of the Village of Elk Grove Village previously authorized entry by said Village into an Agreement to provide for and maintain a Central Emergency Dispatch operation known as Northwest Central Dispatch System, hereinafter referred to as "NWCDS'; and WHEREAS, NWCDS has proven successful in providing emergency communications services to the Village of Elk Grove Village police and fire departments; and WHEREAS, the Village of Schaumburg has made application for membership in NWCDS; and WHEREAS, the NWCDS Board of Directors has unanimously recommended approval of the membership request of Schaumburg; and WHEREAS, it is believed that the inclusion of an additional community in the System will prove beneficial to both the System and the Village; and WHEREAS. the addition of new members to NWCDS requires approval of an amended Venture Agreement, NOW THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, pursuant to Article VII, Section 10 of the 1970 Constitution of the State of Illinois and the Intergovernmental Cooperation Act, 5 ILCS 220/1 through 5 ILLS 220/9, that the Mayor of the Village of Elk Grove Village is authorized to enter into an amended Agreement for Northwest Central Dispatch System which provides for the addition of the Village of Schaumburg to NWCDS. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 ABSTAIN: 0 PASSED this, i 4th day of November 2006 APPROVED: this 14th day of November 2006 Attest: Ann I. Walsh, Villane Clerk ResamendedentryagreeNWDS. APPROVED: Mayor Crala B. Johnson Village of Elk Grove Village 2 NORTWEST CENTRAL DISPATCH SYSTEM VENTURE AGREEMENT THIS AGREEMENT, entered into on the effective date hereinafter set forth, by and between the local governments signatory hereto (and also those which may hereafter become signatory hereto): WITNESSETH: WHEREAS, a Central Dispatching System has existed in Northwestern Cook County and in parts of Lake and DuPage Counties since 1972; and WHEREAS, such System has been demonstrated to be of great value to its constituent municipalities, the signatories hereto; and WHEREAS, the addition of another municipality to the System will provide for more efficient and economical dispatching of life and property saving services;, and WHEREAS, the cost of providing and maintaining a central dispatching system is probably excessive for any one of such signatories; and WHEREAS, a centralized police, fire and other emergency dispatching system can adequately serve the needs of all of such signatories; and WHEREAS, Article VII, Section 10 of the 1970 Constitution of the State of Illinois and the Intergovernmental Cooperation Act, 5 ILCS 220 / 1 through 220 / 9, authorize joint exercise be two or more local governments of any power common to them; and WHEREAS, it is the desire of the signatories hereto to jointly provide for and maintain a central dispatching system for their mutual advantage and concem. NOW, THEREFORE, for and in consideration of the premises, the mutual advantages to be derived therefrom and in consideration of the mutual covenants herein contained, it is agreed by and between the parties hereto as follows: Venture Established. Pursuant to the joint powers authorization of the Illinois Constitution and the Intergovernmental Cooperation Act, 5 ILCS 220 / 1 through 5 ILCS 220 / 9, the undersigned do hereby federate together in a cooperative venture for the joint and mutual operation of a centralized communications system, to be know as "Northwest Central Dispatch System" (hereinafter designated as NWCDS) which shall consist of all of the local governments which may hereafter become signatory hereto. 2. By Laws. NWCDS shall be subject to and shall be governed by certain By -Laws, a copy of which is attached hereto as Exhibit "A: and by this reference Note: A copy of the Bi -Laws are filed in the Village Clerk's Office 2 made a part of this Agreement, together with any amendments which may be made to said By -Laws in the manner and means therein set forth. 3. NWCDS Participation. Each participating local government of the Central Dispatching System (and each local government which may hereafter sign after approval as required by the By -Laws, provided such local governments are eligible to participate pursuant to said By -Laws) is a member of NWCDS and is entitled to the rights and privileges and subject to the obligations of membership, all as provided in said By -Laws. 4. Termination. Any party to this agreement may cease to be a party hereto and may withdraw from participation in NWCDS in the manner and means set forth in said By -Laws. 5. Powers of the System. NWCDS shall have the power in its own name to make and enter into contracts, to employ agents and employees, to acquire, hold and dispose of property, real and personal, and to incur debts, liabilities or obligations necessary for the accomplishment of its purposes, but no such contract, employment, purchase, debt, liability or obligation shall be binding upon or obligate any member except as authorized by the attached By -Laws. NWCDS shall not have the power to eminent domain or the power to levy taxes. 6. Amendments. This Agreement may not be amended, except by written agreement and resolution of all the then parties to it. However, the By -Laws attached hereto as Exhibit "A" may be amended from time to time by the method and means provided herein, provided such amendments do not conflict with the terms set forth in this Agreement exclusive of said Exhibit "A". 7. Duration. This Agreement and NWCDS shall continue in effect until rescinded by unanimous consent of the then parties or until terminated in the manner provided in said By -Laws. Upon such termination, the assets remaining shall be disposed of in the manner set forth in the said By -Laws. 8. Enforcement. Each member shall have the right to enforce this . Agreement against any other member. If suit is necessary therefore, a defaulting member shall pay reasonable attorney's fees to NWCDS as adjudicated by the Court. kN., 9. Authorization. Prior to execution of this Agreement, each member shall deliver to the other a certified copy of a suitable ordinance or resolution authorizing and directing the execution of this Agreement. 10. Effective Date. This Agreement shall become effective when signed by all of the respective representatives of the Village of Arlington Heights, Village of Buffalo Grove, Village of Elk Grove Village, Village of Hoffman Estates, 4 Village of Mount Prospect, Village of Palatine, City of Prospect Heights, Village of Schaumburg and Village of Streamwood. IN WITNESS WHEREOF, the undersigned local governments have set their signatures on the respective dates set forth below. This document may be signed in duplicate originals. ATTEST: Date: ATTEST: Date: VILLAGE OF ARLINGTON HEIGHTS 0 VILLAGE OF BUFFALO GROVE La 5 VILLAGE OF ELK GROVE VILLAGE BY: Craig B. Johnson ATTEST: Ann I. Walsh Date: November 14, 2006 VILLAGE OF HOFFMAN ESTATES 0 ATTEST: Date: ATTEST: Date: ATTEST: Date: VILLAGE OF MOUNT PROSPECT By: VILLAGE OF PALATINE By: 7 ATTEST: Date: ATTEST: Date: CITY OF PROSPECT HEIGHTS VILLAGE OF SCHAUMBURG m 93 ATTEST: Date: VILLAGE OF STREAMWOOD Lm - p