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Ordinance 2008-014 Ordinance No. 8C0%' 11 A AN ORDINANCE OF THE UNITED CITY OF YORKVIILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND THE FOX METRO WATER RECLAMATION DISTRICT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City "), is a duly created, organized, and validly existing municipality of the State of Illinois under the 1970 Illinois Constitution and the laws of the State of Illinois, including particularly the Illinois Municipal Code, as from time to time amended (the "Municipal Code ") (65 ILCS 5/65- 1 -1 -2, et. seq.); and, WHEREAS the Fox Metro Water Reclamation Distric t ( the "District") and the City are "public agencies" within the meaning of the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1, et seq.); and, WHEREAS, the District and the City are "units of local government" within the context of Section 10, Article VII, of the Illinois Constitution of 1970; and, WHEREAS, the District and the City are authorized to contract with each other to obtain or share services, or exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance; and, WHEREAS, Section 7 of the Sanitary District Revenue Bond Act (70 ILCS 3010/1, et seq.), provide statutory authority for municipalities and sanitary districts to cooperate in the enforcement and collection of delinquent sanitary district rates or charges by terminating water service; and, WHEREAS, the District requests the City to discontinue water service to any premises within the City Service Area (i.e. any premises or area to which the City provides water services) upon notice from the District that a rate or charge for its services is delinquent and not resume water services until receiving notice from the District that the rate or charge has been paid. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the preceding recitations in this Ordinance are hereby restated and adopted as paragraph one (1) of this Ordinance. Section 2. That the Intergovernmental Agreement between the United City of Yorkville and Fox Metro Water Reclamation District, a copy of which is attached hereto and incorporated herein, is hereby approved. 1 Section 3. That the Mayor and City Clerk are hereby given the authority to execute and deliver said Intergovernmental Agreement. Section 4. That the officials, officers, and employees of the City are hereby authorized to take such further actions as are necessary to carry out the intent and purpose of this Ordinance and Agreement. Section S. This Ordinance shall be in full force and effect upon passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 2008. tftY)UERK ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI r i O ARDEN JOSEPH PLOCHER c c QS WALTER WERDERICH e MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 0?0 _ day of 6pPZ —V 2008. I MAYOR I r ' 2 INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND THE FOX METRO WATER RECLAMATION DISTRICT WHEREAS, the Fox Metro Water Reclamation District (the "District ") and the United City of Yorkville, Kendall County, Illinois (the "City ") are "public agencies" within the meaning of the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1, et seq.); and, WHEREAS, the District and the City are "units of local government" within the context of Section 10, Article VII, of the Illinois Constitution of 1970; and, WHEREAS, the District and the City are authorized to contract with each other to obtain or share services, or exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance; and, WHEREAS, Section 7 of the Sanitary District Revenue Bond Act (70 ILCS 3010/1, et seq.), provide statutory authority for municipalities and sanitary districts to cooperate in the enforcement and collection of delinquent sanitary district rates or charges by terminating water service; and, WHEREAS, the District requests the City to discontinue water service to any premises within the City Service Area (i.e. any premises or area to which the City provides water services) upon notice from the District that a rate or charge for its services is delinquent and not resume water services until receiving notice from the District that the rate or charge has been paid; and, WHEREAS, the City and District desire to reduce to writing their cooperative agreement for termination of water service. NOW, THEREFORE, in consideration of the foregoing preambles and the covenants recited herein, the City and the District agree this day of 2008, as follows: 1. Termination of Water Service. The City will terminate water service to a premises within the City Service Area pursuant to the terms and conditions recited in this Agreement. 2. Oblization of District. In the event the District asks the City to terminate water service of any premises within the City Service Area, the following requirements shall be a condition precedent to the City termination of water service: a. The District shall notify the occupant and the owner of the premises, not less ten (10) days prior to the proposed date of termination, that water service will be terminated. The District shall provide the owner of the premises an opportunity to be heard on the matter. b. The District shall provide the City with a written statement or electronic document for each requested termination that said notice was delivered and the owner has not availed himself of the opportunity to be heard, or that said hearing has occurred and has been concluded in favor of the District and termination. Said statement may be as to multiple properties and be included as part of the list required in Section 2(d) hereof. The District shall provide said statement in the format chosen by the City. c. If the City is not satisfied that the requirements of 70 ILCS 3010/7 have been met in a given circumstance, the City may refuse to terminate water service until the concerns of the City have been satisfied. d. Three (3) days prior to the termination of water service the District will deliver to the City by fax, electronic document, or otherwise, a list of the addresses /premises at which water service is to be terminated. The District shall provide said list in the format chosen by the City. e. The District will verify through the water billing department of the City that the person who is delinquent in paying the District charge owns or resides at the address /premises at which water service is to be terminated. f. At the time water service is terminated, the City will post a notice indicating the reason for water service termination and will include a statement that said water termination was done at the direction of the District (unless the termination of water service was caused by other reasons to the City and the District which will then be so stated). 3. Fee for Termination and Resumption of Water Service. The District will pay the City a fee for each water service which is terminated. The termination fee will include the cost of resumption of water service. If the District's delinquent account has been paid in full prior to the initiation of Section 2(f) above, the City shall not be entitled to said fee. The City shall be entitled to said fee even though service is not, in fact, terminated due to a physical problem with the shut off of the property's water system (e.g. a broken valve). At the discretion of the City, it may choose to waive payment, if water service is not terminated because of the reason stated herein. 4. Termination Dav and Time. Termination of water service will be determined in coordination with the City. No termination of water service will be conducted on a day prior to a weekend or holiday. The District agrees 2 to abide by City standards and procedures regarding the scheduling and methodology of water service termination. 5. Delinauencv Requiring Termination of Water Service. There will be no termination of water service until the District's charge exceeds fifty dollars ($50.00) and is more than thirty (30) days past due. After the charges meet the amount and past due criteria, termination shall be at the option of the District. For purposes of this Agreement, the District's sewer charges are due twenty -on (21) days after the billing date. 6. Resumption of Water Service. Upon written notification delivered via fax, electronic document, or otherwise, by the District to the City that the delinquent District charge has been satisfied, the City will resume water service at the premises. The District shall provide said notification in the format chosen by the individual City. The District agrees to abide by City standards and procedures regarding the scheduling and methodology of water service resumption. If the water service is also terminated for other reasons beyond the request of the District, the City may refuse to resume water service to a given premises until all outstanding reasons for the termination of water service has been resolved. 7. Complaints and Inquiries. All complaints, correspondence, inquiries, and communications from the District sewer customer will be directed to the District. The City will have no obligation to reply, respond, communicate, or otherwise correspond with a District customer. 8. Fees The fees provided for in this Agreement will be reviewed by the City annually and this Agreement may be modified or amended from time to time as deemed appropriate by mutual agreement of the City and the District. Fees charged by the City directly to an owner of a premises or other responsible party may be altered without the consent of the District. 9. Indemnification. The District will indemnify and hold harmless the City, the Corporate Authorities, officers, agents, employees, and consultants from and against any and all judgments and attorney's fees, resulting from an act or omission of the District, its employees, servants, and agents, arising out of, occurring in connection with, resulting from, or caused by the performance or failure of performance of any act pursuant to the terms of the Agreement. 10. Lost of Water Service Revenues. The District shall reimburse the City for any lost water service revenues (including the taxes that would have been paid to the City on said lost water service revenues) resulting from the discontinuance of water service pursuant to this Agreement. Lost water revenues shall be calculated based on the average water revenue from the subject premises over the prior twelve (12) months. If a given structure whose water service has been terminated herein has not been in existence for 3 twelve (12) months (i.e. new construction), the basis for the above calculation shall be made upon the usage history of similar structures and customers within the City or its service areas if outside the City boundaries. The City shall calculate said amount and notify the District of said amount due. Upon receipt of said notice of amount due, the District shall pay said amount to the City within thirty (30) days thereof. 11. Partial Pavments. In the event partial payments are made to the City by the occupant or owner of a premises which receives water and sewer services, partial payments shall be first distributed to the City for, water services, with any remainder distributed to the District. 12. Water Service Insaections. The District agrees to provide the City with water service inspections for properties serviced by the City at the request and option of the City. 13. The Parties agree that collaboration is beneficial and necessary when planning for development and expansion of District services in this region. Accordingly, the Parties agree to the following: a. Except as to completed projects of agreements which predate this Agreement, lift stations which are of a temporary nature (as determined by the joint review of the City and District engineers) and serve a local area (as determined by the joint review of the City and District engineers) shall be owned and maintained by the City. Lift stations that serve a regional area (as determined by the joint review of the City and District engineers) shall be owned and maintained by the District. b. The District agrees that if the District locates any District structures in the City, the District shall seek to obtain the City's input of architectural elevations for any structures to be constructed in the City. c. The District agrees to comply with all regulations, policies, ordinances, and standards of the City when performing work in the City, including but not limited to, compliance with tree preservation ordinances, landscaping approval by the City, soil and sedimentation control ordinances, etc. d. The District agrees to contact the City with any anticipated changes in 1) connection fees, 2) rates charged to customers, or 3) annexation fees. e. The District agrees that after the District has had an opportunity to review particular developments, Preliminary Plat and/or engineering, and thereafter the City approves said Plat or engineering, the District 4 shall contact the City when it becomes necessary to alter the design and/or size of required sewers within the development. Further, the District shall provide the City with the location, sizing, and configuration of any proposed District sewer lines in the City. f. The District shall use its best efforts to record all easements obtained by the District from any parry within ninety (90) days of execution. g. The District shall use its best efforts to post the District's Board Meeting Agenda on its website forty-eight (48) hours prior to the meeting. The City shall also comply with this request. GENERAL PROVISIONS 1. This Agreement shall be in full force and effect from and after the date first above written and shall be for a term of three (3) years. After the expiration of the original term of this Agreement, the Agreement shall automatically renew each year unless cancelled in accordance with the provisions of the following paragraph (2). 2. After the expiration of the initial three (3) year term of this Agreement, the Agreement may be cancelled by either Parry without premium or penalty of any kind by giving the other Party notice of such cancellation not less than ninety (90) days prior to the effective date of cancellation. 3. This Agreement may not be amended unless such amendment is in writing and signed by both Parties hereto. 4. It is expressly understood that if a governmental or legislative body other than the Parties hereto, enacts any law or statute which prohibits, or has the effect of prohibiting either Party from complying with this Agreement, then this Agreement shall terminate. 5. Neither Parry shall be deemed in violation of this Agreement for the delay in that Party's performance or failure to perform in whole or in part its obligation under this Agreement due to strike, work stoppages, war or act of ware (whether an actual declaration is made or not), insurrection, riot, act of public enemy, fire, flood or other act of God, or by other events to the extent that such events are caused by circumstances beyond the Parry's control. In the event that the delay in performance or failure to perform affects only a part of either Party's capacity to perform its obligations under this Agreement, then such Parry shall perform such obligations to the extent it is able to do so in as expeditious a manner as possible. 6. All notices herein required shall be in writing and shall be served upon the Parties at the addresses listed below. The mailing of notices, properly 5 addressed and with postage prepaid, or the personal delivery of the notices, shall be sufficient service. If to Fox Metro: Fox Metro Water Reclamation District 682 State Route 31 Oswego, Illinois 60543 Attn: District Manager If to the City: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Attn: City Administrator With a copy to: Kathleen Field Orr & Associates 180 North Michigan Avenue Suite 1040 Chicago, Illinois 60601 Attn: Kathi Orr, City Attorney 7. The recitals at the beginning of this Agreement are material to this Agreement, and are incorporated as part of this Agreement by this reference. 8. "Electronic document" means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device and is in a static or otherwise non - alterable format (e.g..pdf files). It includes a display, printout, or other output of that data. AGREEMENT This Intergovernmental Agreement supersedes any and all prior agreements for water service termination. United City of Yorkville By. Mayor 6 Attest: Fox Metro Water Reclamation District, a Public Agency and Unit of Local Government By. President of the Board of Trustees Attest: Clerk o e Boar /f Trustees �I 7