2007-26RESOLUTION NO. 2007- 26
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT AMONG THE
COUNTY OF LAKE AND THE VILLAGE OF ANTIOCH, THE VILLAGE OF LAKE VILLA,
THE VILLAGE OF ROUND LAKE BEACH, THE VILLAGE OF GRAYSLAKE, THE VILLAGE
OF LIBERTYVILLE, THE VILLAGE OF MUNDELEIN, THE VILLAGE OF VERNON HILLS,
THE VILLAGE OF BUFFALO GROVE, AND THE VILLAGE OF WHEELING WITH
RESPECT TO ESTABLISHING AND MAINTAINING A QUIET ZONE CORRIDOR ALONG
THE CANADIAN NATIONAL RAILROAD RIGHT -OF -WAY
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and
WHEREAS, Article VII, Section 10 ofthe Illinois Constitution of 1970 and ILCS 220/1 et seq. authorize units
of local government to contract or otherwise associate among themselves to obtain or share services, to exercise, combine
or transfer any power or function, in any manner not prohibited by law, to use their credit, revenues and other reserves to
pay costs and to service debt related to intergovernmental activities; and
WHEREAS, the Village of Buffalo Grove, the County of Lake, the Village of Antioch, the Village of Lake
Villa, the Village of Round Lake Beach, the Village ofGrayslake, the Village of Libertyville, the Village ofMundelein,
the Village of Vernon Hills and the Village of Wheeling ( "Parties ") are public agencies as that term is defined in the
Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); and
WHEREAS, the Parties understand that they will continue to have a mutual obligation to each other upon the
establishment of the quiet zone corridor and to work together to undertake those actions necessary to maintain the
continual existence of the quiet zone corridor.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows:
Section 1. The Agreement entitled, "Intergovernmental Agreement Among the County of Lake and the Village
of Antioch, the Village of Lake Villa, the Village of Round Lake Beach, the Village of Grayslake, the Village of
Libertyville, the Village of Mundelein, the Village of Vernon Hills, the Village of Buffalo Grove, and the
Village of Wheeling, with Respect to Establishing and Maintaining a Quiet Zone Corridor along the Canadian
National Railroad Right -of -Way is hereby approved.
Section 2. The Village President and Village Clerk are hereby authorized and directed to execute the
Agreement. A copy of said Agreement is attached hereto and made a part hereof.
AYES: 5 — Glover, Berman, Kahn, Trilling, Rubin
NAYES: 0 — None
ABSENT: 1 — Braiman
PASSED: August 20, 2007 APPROVED: August 20, 2007
ATTEST: Village President
o `m
Villas Jerk
Canadian National Queone Agreement •
Draft 7 -31 -07
INTERGOVERNMENTAL AGREEMENT BETWEEN AND AMONG THE COUNTY
OF LAKE AND THE VILLAGE OF ANTIOCH, THE VILLAGE OF LAKE VILLA,
THE VILLAGE OF ROUND LAKE BEACH, THE VILLAGE OF GRAYSLAKE, THE
VILLAGE OF LIBERTYVILLE, THE VILLAGE OF MUNDELEIN, THE VILLAGE
OF VERNON HILLS, THE VILLAGE OF BUFFALO GROVE, AND THE
VILLAGE OF WHEELING WITH RESPECT TO ESTABLISHING AND
MAINTAINING A QUIET ZONE CORRIDOR ALONG THE CANADIAN
NATIONAL RAILROAD RIGHT -OF -WAY
THIS AGREEMENT entered into this 0!91 day of , A.D.
20_Q'Z, between and among the COUNTY OF LAKE, Illinois, an Illinois body politic and
corporate, acting by and through its Chairman and County Board, hereinafter referred to as the
COUNTY, the VILLAGE OF ANTIOCH, an Illinois Municipal Corporation, acting by and
through its Mayor and Board of Trustees, hereinafter referred to as ANTIOCH, the VILLAGE
OF LAKE VILLA, an Illinois Municipal Corporation, acting by and through its Village
President and Board of Trustees, hereinafter referred to as LAKE VILLA, the VILLAGE OF
ROUND LAKE BEACH, an Illinois Municipal Corporation, acting by and through its Village
President and Board of Trustees, hereinafter referred to as ROUND LAKE BEACH, the
VILLAGE OF GRAYSLAKE, an Illinois Municipal Corporation, acting by and through its
Village President and Board of Trustees, hereinafter referred to as GRAYSLAKE, the VILLAGE.
OF LIBERTYVILLE, an Illinois Municipal Corporation, acting by and through its Village
President and Board of Trustees, hereinafter referred to as LIBERTYVILLE, the VILLAGE OF
MUNDELEIN, an Illinois Home Rule Municipal Corporation, acting by and through its Village
President and Board of Trustees, hereinafter referred to as MUNDELEIN, the VILLAGE OF
VERNON HILLS, an Illinois Municipal Corporation, acting by and through its Village President
and Board of Trustees, hereinafter referred to as VERNON HILLS, the VILLAGE OF
BUFFALO GROVE, an Illinois Home Rule Municipal Corporation, acting by and through its
Village President and Board of Trustees, hereinafter referred to as BUFFALO GROVE, the
VILLAGE OF WHEELING, an Illinois Municipal Corporation, acting by and through its Village
President and Board of Trustees, hereinafter referred to as WHEELING. The COUNTY,
ANTIOCH, LAKE VILLA., ROUND LAKE BEACH, GRAYSLAKE, LIBERTYVILLE,
MUNDELEIN, VERNON HILLS, BUFFALO GROVE, and WHEELING are sometimes
hereinafter referred to individually as a "Party" and collectively as the "Parties ". The
CANADIAN NATIONAL 'RAILROAD right -of -way is sometimes hereinafter referred to as the
"Corridor ".
WITNESSETH
WHEREAS, the Swift Rail Development Act of 1994, (Public Law No. 103 -440)
hereinafter referred to as the "Act' ', directed the Federal Railroad Administration, hereinafter
referred to as the FRA, to issue a rule, hereinafter referred to as the "Final Rule" (70 Federal
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Canadian National Qui *ne Agreement •
Register 21844 published April 27, 2005), mandating the sounding of train horns at all public
highway -rail crossings; and
WHEREAS, said Final Rule amended Title 49 of the Code of Federal Regulations,
Chapter II — Federal Railroad Administration, Department of Transportation, hereinafter referred
to as Chapter II, for the creation of quiet zone corridors through the use of supplementary and/or
alternative safety measures to avoid the mandated sounding of train horns at highway -rail
crossings; and
WHEREAS, the Corridor consists of all at -grade crossings along the Canadian National
Railroad right -of -way from the Wisconsin border to, but not through, the Village of Prospect
Heights, Illinois, which include all of the Parties to this Agreement; and
WHEREAS, the sounding of train horns has a negative impact on the quality of life of the
residents within communities along the Canadian National Railroad right -of -way; and
WHEREAS, the Parties determined that it would be desirable to pursue a cooperative
quiet zone corridor (the "Quiet Zone Corridor ") as a cost effective and acceptable alternative to
the mandatory sounding of the train horns and/or the installation of supplemental and/or
alternative safety measures included in Chapter 11; and
WHEREAS, several years ago, Mundelein caused a pilot automated horn system (the
"Automated Horn System') to be installed at the following nine grade crossings in or near
Mundelein: Butterfield Road, Illinois Rte. 60, Allanson Road, Hawley Street, Park Street,
Maple Street (Ill. Rte. 176), Dunbar Road, Winchester Road and Peterson Road; and
WHEREAS, the Illinois Commerce Commission found the Automated Horn System to
operate at the above nine grade crossings in a satisfactory manner and entered a final order on
October 19, 2005 in Docket TO 1 -0029 which provides, among other things, that so long as the
Automated Horn System is operational, it will be not necessary for train crews to sound train
horn warnings while passing through Mundelein unless they perceive an imminent emergency at
any of the above crossings; and
WHEREAS, the Parties entered into an Intergovernmental Agreement, effective April 17,
2006 which provides, among other things, for them to share the cost of a study to be done by
Lower Cost Solutions in accordance with a proposal, dated January 19, 2006; and
WHEREAS, Lower Cost Solutions performed the study and prepared a report for the
Parties recommending that they consider taking the following action to qualify for a Quiet Zone
Corridor:
(1) The automated horns be removed from the grade crossings at Winchester Road
and Peterson Road in unincorporated Lake County, Illinois; and
(2) A median strip be installed at the Lake Street grade crossing in Grayslake,
Illinois; and
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Canadian National Quoone Agreement
WHEREAS, the County is willing, at its expense, to cause the automated horns to' be
deactivated and ultimately removed from the grade crossings at Winchester Road and Peterson
Road and Mundelein is willing to consent to such removal provided that all of the equipment
removed shall be delivered to Mundelein for storage and safe keeping subject to such orders of
the Illinois Commerce Commission as may be applicable to the future use of such equipment;
and
WHEREAS, Grayslake is willing, at its expense, to install the median strip at the Lake
Street grade crossing; and
WHEREAS, upon completion of the above described work, a Notice of Establishment of
a New Quiet Zone for the Quiet Zone Corridor will be distributed to all Parties, plus the FRA,
the Illinois Department of Transportation, the Canadian National Railway, the Illinois Commerce
Commission, and Metra (NIRC), in accordance with Section 222.9(a )(3) of 49CFR Chapter Il;
and
WHEREAS, Section 222.47 of 49CFR Chapter II provides for periodic updates of quiet
zones; and
WHEREAS, all of the Parties to this Agreement understand that they will remain
mutually obligated to the other Parties, individually and collectively, to undertake the process of
conducting periodic updates of the Quiet Zone Corridor in accordance with Section 222.47(b) of
49 CFR Chapter II; and
WHEREAS, provisions of Section '222.51 of 49CFR Chapter II provide for
circumstances under which the authorization and approval to establish and maintain a quiet zone
corridor may be withdrawn by the FRA, after sufficient notice, with such withdrawal again
requiring the mandatory sounding of train horns at all grade crossings; and
WHEREAS, if such withdrawal should occur and it results in the mandatory sounding of
train horns within the Quiet Zone Corridor, installation of approved safety
measurestsupplemental safety measures as approved within 49CFR Chapter II may be made by
the affected Party/Parties to re- qualify the Quiet Zone Corridor in accordance with the FRA rule;
and
WHEREAS, all of the Parties to this Agreement understand that while it is their intention
to remain mutually obligated to each other, individually and collectively, to undertake those
actions necessary to maintain the continued existence of the Quiet Zone Corridor, it may be cost
prohibitive or in some other way not in their best interest to do so; and
WHEREAS, all of the Parties to this Agreement understand that, if the quiet zone
designation is withdrawn by the FRA or if the quiet zone fails to be recertified or re- qualified by
the FRA, any Party may choose to withdraw from this Agreement in the sole discretion of such
Party; and
Page 3 of 8
Canadian National Quidwne Agreement •
WHEREAS, all of the Parties to this Agreement understand that if any Party decides to
withdraw from this Agreement, such withdrawing Party shall be permitted to apply for an
alternate quiet zone corridor, individually, or in combination with any other Party or jurisdiction;
and
WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois of 1970
authorizes units of local government to contract, exercise, combine, or transfer any power or
function not prohibited by law or ordinance; and
WHEREAS, the Intergovernmental Cooperation Act of 1973 (S ILCS, 220/1 et seq.)
authorizes municipalities to exercise jointly with any public agency of the State, including other
units of local government, any power, privilege, or authority which may be exercised by a unit of
local government individually, and to enter into contracts for the performance of governmental
services, activities, and undertaldngs.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
and pursuant to all applicable statutes, local ordinances, and authority, the Parties hereto do
hereby mutually agree as follows:
1. The foregoing preambles are hereby incorporated herein as though fiilly set forth.
2. One of the Parties to this Agreement shall be designated as the Quiet Zone Administrator
and shall, as such, be responsible for complying with the quiet zone recertification
requirements in accordance with Section 222.47 of 49CFR Chapter 11. It is understood
that the recertification process may require the services of a consultant. The
Administrator shall allocate the consultant's costs in connection with such recertification
equally among the parties. If the FRA fails to recertify the Quiet Zone Corridor as a
designated quiet zone, any Party may withdraw from this Agreement if, in its sole
discretion, such withdrawing Party deems it to be in their best interest to do so.
3. If a railroad crossing safety improvement is modified at any intersection within the Quiet
Zone Corridor by any Party to this Agreement, the roadway authority, or any other
authorized agency, the Quiet Zone Corridor may be required to be re- qualified and re-
established as a designated quiet zone by the FRA. In such event, the Quiet Zone
Administrator shall oversee the process of re- qualifying and re- establishing the Quiet
Zone and shall allocate any consultant's costs of re- qualification and re- establishment
equally among the Parties. The cost of any safety improvements shall not be allocated
among the Parties without their express written consent and permission. If the FRA fails
to re- qualify and re- establish the Quiet Zone Corridor as a designated quiet zone, any
Party may withdraw from this Agreement if, in its sole discretion, such withdrawing
Party deems it to be in its best interest to do so.
4. It is the obligation of each party to this Agreement to notify the Quiet Zone Administrator
upon the commencement of any railroad crossing safety improvement modification at
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Canadian National Quilsone Agreement
any railroad crossing within its jurisdiction so that the Quiet Zone Administrator can
notify the FRA of the modification.
5. If the FRA withdraws the quiet zone designation for the Quiet Zone Corridor for any
reason, any Party may withdraw from this Agreement if, in its sole discretion, such
withdrawing Party deems it to be in its best interest to do so.
6. Any Party that withdraws from this Agreement shall be permitted to take any action with
respect to the certification of an alternate designated quiet zone for their community on
their own or in combination with any other Party or jurisdiction.
7. Each Party warrants and represents to each of the other Parties and agrees that (a) this
Agreement is executed by duly authorized officials or agents of such Party and that all
such officials and agents have executed the same in accordance with the lawful authority
vested in them pursuant to all applicable and substantive requirements; (b) this
Agreement is binding and valid and will be specifically enforceable against each Party;
and, (c) this Agreement does not violate any presently existing provisions of law nor any
applicable order, writ, injunction or decree of any court or government department,
commission, board, bureau, agency or instrumentality applicable to such Party.
8. This Agreement shall be deemed to take effect as of the date on which the duly
authorized officials or agents of the last of the Parties hereto to execute this Agreement
affix their signatures hereto.
9. This Agreement shall be enforceable in any court of competent jurisdiction by each of the
Parties hereto by any appropriate action at law or in equity, including any action to secure
the performance of the representations, promises, covenants, agreements and obligations
contained herein.
10. The provisions of this Agreement are severable. If any provision, paragraph, section,
subdivision, clause, phrase or word in this Agreement is for any reason held to be
contrary to law, or contrary to any rule or regulation having the force and effect of law,
such decision shall not affect the remaining portions of this Agreement.
II.The entire agreement of the Parties hereto is contained herein and this Agreement
supersedes all oral agreements and negotiations.between the Parties hereto relating to the
subject matter hereof as well as any previous agreements presently in effect between the
Parties hereto relating to the subject matter hereof.
12. Any alterations, amendments, deletions, or waivers of any provision of this Agreement
shall be valid only when expressed in writing and duly executed by the Parties hereto.
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Canadian National Quiloone Agreement
0
13. This Agreement may be executed in multiple identical counterparts, and all of said
counterparts shall, individually and taken together, constitute this Agreement.
14. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their
successors and assigns. No Party hereto may assign, transfer, sell, grant, convey, deed,
cede or otherwise give over, in any manner or form, any of its rights, duties, obligations
and/or responsibilities as heretofore set forth in this Agreement without first obtaining the
express written consent and permission of the other Parties to this Agreement.
IS. Nothing contained in this Agreement is intended or shall be construed as in any manner
or form creating or establishing a relationship of co- partners among the Parties hereto for
any purpose or in any manner, whatsoever. The Parties are to be and shall remain
independent of each other with respect to all matters provided in this Agreement.
ATTEST:
Vill a Clerk
Village of Buffalo Grove
ATTEST:
Village Clerk
Village of Antioch
ATTEST:
Village Clerk
Village of Lake Villa
VILLAGE OF BUFFALO GROVE
By:
Village President,
Village of Buffalo Grove
Date:
LIM
Date:
Date:
Page 6 of 8
VILLAGE OF ANTIOCH
Village President
Village of Antioch
VILLAGE OF LAKE VILLA
Village President
Village of Lake Villa
Canadian National Qui *one Agreement
ATTEST:
Village Clerk
Village of Round Lake Beach
ATTEST:
Village Clerk
ATTEST:
Village Clerk
Village of Libertyville
ATTEST:
Village Clerk
Village of Mundelein
ATTEST:
Village Clerk
Village of Vernon Hills
4
VILLAGE OF ROUND LAKE BEACH
By:
Village President
Village of Round Lake Beach
Date:
VILLAGE OF GRAYSLAKE
By:
Village President
Village of Grayslake
Date:
VILLAGE OF LIBERTYVILLE
By:
Village President
Village of Libertyville
Date:
VILLAGE OF MUNDELEIN
Bv:
Village President
Village of Mundelein
Date:
VILLAGE OF VERNON HILLS
By:
Village President
Village of Vernon Hills
Date:
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Canadian National Qui*)ne Agreement
ATTEST:
Village Clerk
Village of Wheeling
RECON 4ENDED FOR EXECUTION
ATTEST:
Clerk
Lake County
4
VILLAGE OF WHEELING
Village President
Village of Wheeling
Date:
Lake County
County Engineer/Director of Transportation
COUNTY OF LAKE
Date:
Page 8 of 8
Chairman
Lake County Board