Excerpts from DailyHerald.com:
The Rutland Dundee Fire Protection District is seeking a court order to end its long-standing contract with the West Dundee Fire Protection District, which provides fire and ambulance services to approximately 30 homes in the area. The dispute centers around what Rutland officials say is an unfair financial burden on their residents.
In their lawsuit, filed in Kane County, Rutland claims that its residents are paying three times more than those in West Dundee for the same services. They argue that the original agreement, signed in November 2004, was last modified by board members who are no longer in office, making it invalid under current leadership.
Under the 2004 agreement, Rutland provided fire and ambulance services for $7,500 per year. West Dundee, which consists of luxury homes located off Frontenac Drive and Boncosky Road, is technically a taxing body but has no physical presence or active governance. State law allows such districts to contract for emergency services.
Tom Gilbert, attorney for the West Dundee Fire Protection District, insists that Rutland must honor the existing contract, which is set to expire in April 2020. He notes that while the agreement has been adjusted for inflation over the years, the current rate is now about $12,000 annually. He also points out that Rutland residents are being taxed at the maximum allowed under the Property Tax Limitation Act, leading to a significant disparity in costs.
"It's the deal they made," Gilbert said, emphasizing that the original terms have remained in place, even as the cost has increased. "Our goal is to stick to the agreement."
Another key point raised in the lawsuit is that all the Rutland fire trustees who initially approved the contract and any subsequent changes are no longer on the board. Therefore, the current board argues that they are not legally bound by the previous agreement.
If the court rules in favor of terminating the contract, several possibilities could arise. The most immediate is that the West Dundee Fire Protection District might seek services from another district or renegotiate with Rutland at a higher cost.
Historically, West Dundee had contracted with the village of West Dundee for fire services in the early 2000s. However, when the village requested a rate increase, they switched to Rutland in 2004.
The case is scheduled to go to court on August 13, where both sides will present their arguments.
Thanks, Ron
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