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Home My Public Portal AboutResolution 1564RESOLUTION NO. 1564 STATEMENT O»' REGIONAL OPPOSITION TO THE CANADIAN NATIONAL RAILWAY PURCHASE OF THE EJ&E WHEREAS, on October 30, 2007, the Canadian National Railway Carporation, clang with its United States subsidiary, Grand Trunk Corporation (collectively, "CN'~ filed an application with the federal Surface 'T'ransportation Board ("STB") seeking approval to acquire the EJ&E West Company, a wholly owned subsidiary of the Elgin, Joliet and Eastern Railway Company (collectively, "EJ&E"); and WHEREAS, the undersigned speaks for many communities made up of aver (a million ?)people who would be negatively impacted by the overwhelming increase of freight traffic CN plans to run on the EJ&E railroad based on its current projections as well as the traffic onslaught that would ensue with planned. expansion of the Port of Prince Rupert, Canada; and WHEREAS, our communities are united in a concern that the negative community impacts on safety, traffic gridlock, property values and overall quality of life along the EJ&E created by this acquisition cannot now or ever be adequately resolved to accommodate transforming the EJ&E from the equivalent of a small country road into a rail freight "superhighway;" and WHEREAS, this purchase would fiirther aggravate commuter gridlock into the future by precluding the use of the EJ&E for the planned NTetra commuter rail Star Line; and WHEREAS, a business wishing to open or develop in an American community is required to be a good citizen and make infrastructure investment that integrates it rota the community in which it is locating; and WHEREAS, the cost of fully mitigating the community problems CN would create through its operations on the EJ&F, would run into the billions of dollars and CN has committed to shouldering only $30 to $40 million of these costs; and WHEREAS, it is not in the interest of American taxpayers -nor their obligation -- to underwrite mitigation costs for a private business deal that benefits only a foreign corporation; and WHEREAS, we acknowledge that freight congestion in Chicago is a reality and that fixing this problem is a matter of careful planning followed by a commitment of substantial dollars to get the job done, and that this planning has already occurred through a project started a decade ago called CREATE. THEREFORE BE IT RESOLVED THAT: 1. CREA'l"E should be pursued as the regional solution far freight congestion; 2. I.f it chooses to pursue the acquisition of the EJ&E then Canadian National Railway should be held to the same corporate community standards as American businesses are held to in 2008; 3. Until die Canadian National Railway is willing to invest the dollars necessary to alleviate the problems it is creating in our communities, our communities will stand united in opposition to this transaction. APPROVED this 23rd day of June, 2008. - --~1TTES' _.. R _- ~ _ ~. ~ ~ ~~ ~ .•~ VILLAGE CLERifi . AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE REGIONAL ANSWER TO CANADIAN NATIONAL (~~TRAC") A REGIONAL COALITION OF UNITS OF LOCAL GOVERNMENT PURSUING COMMON GOALS IN OPPOSITION TO CN RAIL CONGESTION This Intergovernmental Agreement is dated June 23, 2008, and is entered into by and among the signatory units of local government. WYTNESSETH: WHEREAS, a cooperative Intergovernmental Agreement is appropriate, and such an agreement is authorized and encouraged pursuant to the authority granted specifically in the Constitution of the State of Illinois, Article Seven, Section 10, and as further implemented and provided in Chapter 5 ILCS, Section 220/S; and WHEREAS, in addition, each county by virtue of the powers set forth in the Counties Code, 55 ILCS 5/1001 et seq., and each municipality by virtue of the powers set forth in the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., are authorized to enter into this Intergovernmental Agreement; and WHEREAS, many units of local government in the greater Chicago rnetrapalitan region share serious concerns with respect to the adverse public health, safety, welfare, environmental and traffic impacts of the proposed acquisition and change of control of the Elgin, Joliet and Eastern Railway Company ("EJ&E") by the Canadian National Railway Company ("Canadian National"), which is the subject of the application now pending before the United States Surface Transportation Board (the "Canadian/EJ&E application"); and WHEREAS, the units of local government who become signatories to this Intergovernmental Agreement ("signatory member" or "signatory members") desire to establish a framework to focus and articulate their shared concerns on these issues and implement cooperative efforts to address such concerns, which framework has and may be referred to herein as the "T'he Regional Answer to Canadian National" (`"TRAC") Coalition; and WHEREAS, each signatory member has appropriated not less than $10,000.00, and delivered said funds to TRAC with a copy of this Intergovernmental Agreement, to articulate these serious shared concerns to the public and a broad range of public officials, including but not limited to, the United States Surface Transportation Board; and WHEREAS, the signatory members wish to combine and expend said funds far legal, governmental and administrative advocacy, communication and educational effarts which will serve to speak to the shared concerns of the signatory members, their respective residents, carparate, institutional, and governmental constituencies and the region, with respect to the adverse public health, safety, welfare, environmental and traffic impacts of the proposed Canadian/EJ&E Application; and WHEREAS, the proposed Canadian/EJ&E Application, if approved, will negatively alter the transportation infrastructure of the region, jeopardize the respective character of the signatory member communities, and endanger the health, safety and welfare of the residents of each signatory member and the residents of this region. 1 NOW THEREFORE, for the mutual benefit of all the signatory members, each signatory member agrees by their duly authorized officials, as follows: 1. Each signatory member shall appoint a representative to act on its behalf on TRAC. Each signatory member's representative shall be allowed to cast one vote on behalf of the signatory member on any issue brought before the TRAC Coalition for a vote. 2. The Executive Committee of the TRAC coalition shall consist of the fallowing members: A. A representative of DuPage County; B. A representative of a municipality located, at least in part, in DuPage County; C. A, representative of Kane County; D. A representative of a municipality located, at least in part, in Kane County; E. A representative of Lake County, Illinois; F. A representative of a municipality located, at least in part, in Lake County, Illinois; G. A representative of Lake County, Indiana; H. A representative of a municipality located, at least in part, in Lake County, Indiana; I. A representative of Will County; J. A representative of a municipality located, at least in part, in Will County; K. A representative of a municipality located, at least in part, in northern Cook County (North of Roosevelt Road); L. A representative of a municipality located, at least in part, in southern Cook County (south of Roosevelt Road); and M. A representative of a township unit of local government. N. A representative of a park board/district or forest preserve district. O. A representative of a school district. 3. Each Executive Committee member shall be selected by a majority vote of the signatory members within the category which they will represent; e.g.: all signatory townships shall by consensus select one of their members to fill the Executive Committee seat created in 1M above. Each county Executive Committee member shall be appointed by the chairman of the respective county board . 4. The physical presence of eight (8) members of the Executive Committee shall constitute a quorum of the Executive Committee. All decisions taken and/or actions authorized by the Executive Committee shall be approved by a majority vote of such a quorum of the Executive Committee. S. The Executive Committee shall elect a Chairman, or Co-Chairmen, of the Executive Committee who will preside over all meetings of the Executive Committee, and all meetings of the entire TRAC Coalition. The Executive Committee may also elect such other officers as they see fit, assigning said officers such roles and functions as deemed necessary for the operation of the Executive Committee and the TRAC Coalition as a whole. 6. A separate, segregated fund entitled "The Regional Answer to Canadian National Fund" ("TRAC Coalition Fund") shall be established and administered by the Executive Committee in the following manner: A. All funds contributed to the TRAC Coalition Fund shall be held and administered by the City of Aurora, Illinois, a home rule unit of Illinois government, acting for and on behalf of the Executive Committee and the TRAC Coalition. 2 B. The TRAC Coalition Funds shall be held, invested, expended and accounted for in terms of receipts and expenditures by the Executive Committee as a separate, segregated fund. C. From time to time, but not less than quarterly, the Executive Committee shall provide a periodic accounting, with supporting documentation, far all TRAC Coalition Funds, to the respective chief executive officer(s) of each signatory member, or their respective designee(s). D. Subject to the other terms and conditions of this Intergovernmental Agreement, the Executive Committee shall provide direction to all consultants retained and compensated with TRAC Coalition Funds. E. No part of the TRAC Coalition Fund shall be utilized to support or oppose any candidate(s) for public office or any referendum question(s), or for any other purpose prohibited by law. F. Upon a signatary members withdrawal from TRAC, and/or upon termination of the TRAC Coalition Fund, refunds of any remaining deposits shall be made on a pro-rata basis, based upon total funds contributed by signatory members, and then only to the extent the Executive Committee determines what portion of the remaining deposits have not been obligated for payment. 7. The TRAC Coalition Fund shall be used for the purposes of, including but not limited to, providing legal, governmental and administrative advocacy, communications, and educational efforts which speak to concerns of the affected signatary members, their residents, corporate, institutional, and governmental constituencies and the region, with respect to the adverse public health, safety, welfare, environmental, and traffic impacts of the proposed Canadian/EJ&E Application, and for any other related support purposes. 8. A signatory member may terminate its membership and participation in TRAC and the TRAC Coalition Fund without cause on thirty (30) days' written notice to the members of the Executive Committee and sent to the principal office of each Executive Committee member. For purposes of this Intergovernmental Agreement, notice shall be deemed given if personally delivered, or when sent by facsimile transmission or when sent via a recognized overnight delivery service. 9. After the formation of the Executive Committee, any new signatory member shall sign and deliver a copy of this Intergovernmental Agreement to the Executive Committee Chairman (Co- chairmen) along with their initial contribution to the TRAC Coalition Fund. . 10. The signatory members agree to reasonably cooperate with good faith efforts to implement this Intergovernmental Agreement and shared intentions of the signatory members on which it is based. To that end, the respective designee(s) of each signatory member shall meet or otherwise confer regularly to consider, and reasonably act upon, general questions of policy, strategy, and the securing of resources which may be provided pursuant to this Intergovernmental Agreement. 11. The failure of a signatory member to insist upon the strict performance of any provision of this Intergovernmental Agreement by another signatory member shall not be deemed a waiver of any right to insist upon strict performance thereafter. 12. This Intergovernmental Agreement shall be binding upon and effective as to each signatory member from and after it is approved by the respective Corporate Authorities of such party hereto. 3 13. Miscellaneous Provisions: A. If any provision of this Intergovernmental Agreement shall be declared invalid for any reason, such invalidation shall not affect any other provisions of this Intergovernmental Agreement which can be given effect without the invalid provision and to that extent, the provisions of this Intergovernmental Agreement are severable. B. This Intergovernmental Agreement shall be governed by the laws of the State of Illinois. C. This Intergovernmental Agreement shall be binding on all signatory members and may not be modified or amended orally, but only in writing by an instrument signed by all signatory members hereto. D. This Intergovernmental Agreement may be executed in one or more identical, duplicate anginal counterparts, which counterparts, when affixed together, shall constitute one and the same document. E. Each party represents to the other, that such party has full authority to execute this Intergovernmental Agreement and fulfill the terms, conditions, provisions, and obligations herein provided. F. Only the respective signatory members to this Intergovernmental Agreement, and no other party, shall have the right to enforce or rely on this Intergovernmental Agreement. IN WITNESS WHEREOF, .the signatory members hereto have, pursuant to the authority of their respective Corporate Authorities, caused a duplicate original of this Intergovernmental Agreement to be executed, attested and delivered by its duly authorized officers as of the date first mentioned above. APPROVED this 23rd day of June, 2008 [Name of S" a ory Entity] B y: [Print Narn James W, . W [Title] Village President „ ,,,,~ Its Authorized Agent, acting through ~ Authorities Pursuant to the Resolution is attached ATTE By: ~~~~ [Print Name] Michelle Gibas [Title] Villa e Clerk 4