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HomeMy WebLinkAboutResolution #4054 - intergovernmental agreement with fulton county, the sheriff of fulton county, and canton park district for police protection at canton lake , ` RESOLUTION NO. 4054 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CANTON AND THE COUNTY OF FULTON, THE SHERIFF OF THE COUNTY OF FULTON, ILLINOIS, AND THE CANTON PARK DISCTRICT AS TO POLICE PROTECTION AT CANTON LAKE AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON,ILLINOIS. WHEREAS, the Legal and Ordinance Committee of the City of Canton has determined that it is necessary and in the best interest of the City to enter into an Agreement with the County of Fulton and the Sheriff of Fulton County, Illinois, as to the patrol of Canton Lake, as set forth in Exhibit A, attached hereto and incorporated herein; and WHEREAS,the City Council of the City of Canton has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS,AS FOLLOWS: l. That the Agreement attached hereto and incorporated herein as Exhibit "A" is hereby approved by the Canton City Council. 2. That the Mayor and the City Clerk of the City of Canton, Illinois, are hereby autharized and directed to execute said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois, and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois, at a regular meeting this 15th day of April, 2014, upon a roll call vote as follows: AYES: Aldermen West, Putrich, Jim Nelson, Pickel, Justin Nelson, Ellis, Lovell, Pasley NAYS: None ABSENT: None APPROVED: �.-'' Je rey A. Fri z, Mayor ATET• _ /� Diana Pavley- ock, City Clerk INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement is entered into as of the 15th day of April 2014, by and between the City of Canton (hereinafter referred to as "City"), the County of Fulton, Illinois (hereinafter referred to as "County"), the Sheriff of Fulton County, Illinois (hereinafter referred to as the "Sheriff'), and the Canton Park District(hereinafter referred to as the "District"). WITNESSETH: WHEREAS, the City operates a municipal Police Department under provisions of the Illinois Municipal Code (65 ILCS 5/11-1-1 et. seq.); and WHEREAS, the City owns property outside of its corporate limits commonly known as Canton Lake; and WHEREAS, the Canton Lake property is within the boundaries of the County; and WHEREAS, the County and the Sheriff have no objection to the City and the District providing law enforcement patrol of said property; and WHEREAS, the City and the District's proximity to the Canton Lake property makes them uniquely situated to provide police protection to Canton Lake; and WHEREAS, in certain situations the use of City and District law enforcement personnel to perform duties outside the jurisdictional boundaries of the City where such personnel are employed may be desirable and necessary in order to protect the health, safety and welfare of the public; and WHEREAS, the Illinois Constitution authorizes an expansive intergovernmental and contractual authority; and WHEREAS, Article VII, Section 10(a) of the Constitution of the State of Illinois, 1970 provides that units of local government need not seek specific statutory authority before undertaking an intergovernmental activity; and WHEREAS, Article VII, Section 10(a), provides: "Units of local government and school districts may contract or otherwise associate among themselves, with the State, with other states and their units of local governments and school districts, and with the United States to obtain or share services and to exercise, combine, ar transfer any power or function, in any manner not prohibited by law or by ordinance. Units of local government and school districts may contract and otherwise associate with individuals, associations, and corporations in any manner not NLR: Agreements 4/1/2014 1 prohibited by law or by ordinance. Participating units of government may use their credit, revenues, and other resources to pay costs and to service debt related to intergovernmental activities"; and WHEREAS, consistent with the Constitutional provision, Section 5 of the Intergovernmental Cooperation Act (5 ILCS 220/5) provides that units of local government may contract with each other "to perform any governmental service, activity or undertaking to combine, transfer, or exercise any powers, functions, privileges, or autharity which any of the public agencies entering into the contract is authorized by law to perform"; and WHEREAS, the purpose of this agreement is to empower the duly appointed members of the City and District's police forces the ability to exercise their police powers outside the City limits; and WHEREAS, the intergovernmental cooperation will result in cost savings, eliminate duplication of efforts and increase overall service efficiency for the City, District, County and Sheriff. NOW, THEREFORE, in consideration of the preceding recitals of fact and for further considerations hereinafter stated, IT IS AGREED AS FOLLOWS: 1. Enforcement of Traffic and/or Criminal Laws: When an officer of the City or District observes a traffic and/or criminal infraction occurring within the jurisdictional boundaries of this agreement, as further defined in Section 4, the officer may take appropriate action to enforce the traffic andlor criminal laws of the State of Illinois, and may issue traffic citations, criminal citations, notices to appear, or make physical arrests as the circumstances warrant. The City or District officers shall have the authority to collect and preserve evidence, take custody of any contraband and/or take action that is necessary and appropriate to protect the safety of the public. Nothing in this Agreement is intended to broaden the pursuit policies of the City, Districtor Sheriff's Departments. a. Enforcement authority shall apply to on-duty City and District officers, while in properly equipped police vehicles, employed by the City or District, subject to the specific rules and regulations as promulgated by the Canton Police Department and the Canton Park District. b. City and District officers enforcing traffic, ordinance and/or criminal laws pursuant to this Agreement and pursuant to the intergovernmental agreement NLR: Agreements 4/1/2014 2 between the City and the Distict, shall be under the direction, authority and control of the commanding officers of the Canton Police Department and the Canton Park District. c. All fines andlor fees shall accrue to the jurisdiction that wrote the citation. d. The City and/or the District will routinely patrol all property outlined in Section 4 and will provide follow-up of said offenses. e. City will provide specialized services when available, including but not limited to crime scene technicians, detectives and juvenile officers to investigate the commission or attempt of any homicide, rape, robbery, arson, kidnapping or burglary to a building on the Canton Lake property; and City will assume responsibility for follow-up investigation. Such crime scenes and investigations shall be conducted in accordance with the procedures of the City Police Department regarding cases handled by the City. f. This Agreement shall constitute an ongoing request for assistance between the parties and no other formal request for assistance shall be necessary prior to taking any action contemplated herein. However, the City and County may still mutually aid and assist one another whenever the situation warrants and whenever such aid and assistance is available, upon the request of the City or Sheriff. 2. Enforcement of Citv Ordinances: Nothing in this Agreement is intended to eliminate or diminish the City or the District's right to enforce ordinances on Canton Lake property owned by the City and pursuant to the intergovernmental agreement between the City and the District. a. Pursuant to Section 7-4-2 of the Illinois Municipal Code "all property which is (1) owned by the municipality, and (2) lies outside the corporate limits of the municipality and (3) does not lie within the corporate limits of any municipality, shall be subject to the ordinances, control and jurisdiction of the municipality in all respects the same as the property owned by the municipality which lies within the corporate limits." 65 ILCS 5/7-4-2. b. As Canton Lake property is owned by the City, lies outside of the corporate limits and does not lie within any other municipality, the City can enforce ordinances on NLR: Agreements 4/1/2014 3 City owned property, including the actual Lake itself and can extend such authority to the District pursuant to an intergovernmental agreement. 3. 911: Based on this Agreement, 911 will direct initial calls for police assistance that originate from within the jurisdictional boundary stated in Section 4 to the City. This Agreement is not intended to make any changes to the City's fire services or the County's fire protection districts. Initial calls for fire or emergency medical assistance that originate from within the jurisdictional boundary as further defined in Section 5 will still be directed to the Fulton County Ambulance and/or Copperas Creek Fire Protection District, as may be required. 4. Jurisdictional Boundaries of A�reement: This intergovernmental agreement is exclusive to the property herein described as Lake Canton and the normal roadway patrol routes to and from Lake Canton, described as: Linn Street going east to North Twentieth Avenue; North on North Twentieth Avenue to E. Sebree Road; East on East Sebree Road going East to North Boat Dock Road, North Boat Dock Road going South to Chestnut and North to East Boat Dock Drive; East on East Boat Dock Drive going along the southern boundary of Lake Canton to North Lake shore Drive; South on North Lakeshore Drive going along the southern boundary of Lake Canton to Chestnut Street/East County Highway 27; West on Chestnut Street/East County Highway 27 to North Twentieth Avenue; further identified on the Map, attached hereto and incorporated herein as Exhibit A. 5. Effective Date/Term/Termination: This agreement shall be in effect on the date it is fully executed by the duly authorized officers of each entity and will remain in effect for a term of one year from the date of execution. Unless terminated in the manner provided for below, it shall automatically renew for successive one year terms. This agreement shall remain in effect until such time as either party to this agreement requests that the terms of the agreement be reviewed and/or a new agreement is executed. Any party hereto may tertninate its participation in this agreement at any time, provided that the party that wishes to terminate the agreement provides written notice to the other party specifying the date of termination, such notice to be given at least thirty (30) calendar days prior to the specified date of termination. The written notice provided herein shall be given by personal delivery, registered mail or certified mail. NLR: Agreements 4/1/2014 4 6. Notices. a. All notices hereunder shall be in writing and shall be served personally, by registered mail or certified mail to the parties at such addresses as designated below: To the City: City of Canton 2 North Main Street Canton, Illinois 61520 Attn: Chief of Police To the County: Fulton County Board 100 Main Street Lewistown, Illinois 61542 Attn: Board Chairman To the Sheriff: Fulton County Sheriff 268 W. Washington Lewistown, Illinois 61542 Attn: Sheriff 7. Indemnitv/Hold Harmless: Each party shall indemnify and hold harmless the other from any claim and/or cause of action accruing from the act or commission or omission of that party's police officers under this agreement or claims by the police officer, his heirs or representatives under any pension of workmen's compensation laws. 8. General Terms: This agreement shall be binding upon and inure to the benefit of any successor entity which may assume the obligations of any party hereto, provided, however, that this agreement may not be assigned by a party without prior written consent of the parties hereto. This agreement shall be governed by and constructed under the law of the State of Illinois. A declaration of the invalidity of any provision of this agreement shall not render invalid any other provision. If, for any reason, any provision of this agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severable and this agreement may be enforced with that provision severed or modified by court order. This agreement may be executed in multiple counterparts or duplicate originals, each of which shall constitute and be deemed as one and the same document. NLR: Agreements 4/1/2014 5 In Witness, the parties have executed this Agreement by authorized officials this 15'h day April 2014,pursuant to the authority granted by the respective governing bodies of each party. -SIGNATURES CONTINUED ON NEXT PAGE- NLR: Agreements 4/1/2014 6 FULTON OUNTY BOA B �,,�-�- �, ��.� Y• Chairman Date: �`��� 3 , 2014 Atte . By: ames Nelson, County Clerk Date: `'�'"'�� , 2014 SHERIFF, FULTON COUNTY, ILLINOIS B�---�.� Jeff Standard, Sheriff Date: �` Z 3 , 2014 CITY OF CANTON, By: Je fery A. Fri yor Date:�.�• � l� , 2014 r" Attest: l i� � By: '= iG iana Pa y-Rock, City Clerk Date: , 2014 CANTON PARK DISTRICT B Title: �irec��i o�.�,�e c �.r NLR: Agreements 4/1/2014 7 . - SIGNATURES CONTINUED ON NEXT PAGE- Attest: By: Title: NLR: Agreements 4/1/2014 8