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Excerpts from the DailyHerald.com:
The Rutland Dundee Fire Protection District is seeking legal action to end a long-standing agreement that requires it to provide fire and ambulance services to approximately 30 homes in the West Dundee Fire Protection District.
In their lawsuit, filed in Kane County, Rutland officials claim that their residents are being unfairly burdened by paying three times more for these services than the residents of West Dundee. They argue that the original contract, which was approved back in 2004, was last modified by board members who are no longer in office, making the current terms unjust.
The agreement, signed in November 2004, initially set the annual cost at $7,500. The West Dundee Fire Protection District consists of upscale homes located off Frontenac Drive and Boncosky Road, west of Route 31. While it is a recognized taxing body, it only exists on paper and operates under state law that allows it to contract for emergency services.
Tom Gilbert, the attorney for the West Dundee Fire Protection District, insists that Rutland should honor the existing contract, which is set to expire in April 2020. He notes that while the agreement has been adjusted over the years for inflation, the current rate is around $12,000 annually. He added that Rutland residents are paying the maximum allowed under the Property Tax Limitation Act, resulting in a significantly higher rate compared to West Dundee.
“It’s the deal they made,†Gilbert said. “We plan to stick with the agreement.â€
The lawsuit also claims that all the Rutland fire trustees who originally signed the contract and any subsequent amendments are no longer on the board, meaning the current board is not legally bound by the agreement.
If the court rules in favor of terminating the contract, several outcomes could follow. The most immediate would be that the West Dundee Fire Protection District might seek services from another district or negotiate a new, more expensive contract with Rutland.
Previously, the West Dundee Fire Protection District had contracted with the village of West Dundee for fire services in the early 2000s. However, when the village requested a rate increase, the district opted to sign the 2004 agreement with Rutland instead.
The case is scheduled to go to court on August 13, where both parties will present their arguments.
Thanks, Ron
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