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Resolution 2012-29 Resolution No. 2012- (:?q A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE SIXTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Sixth Amended Intergovernmental Cooperation Agreement is hereby approved and the Mayor is hereby authorized to execute and deliver same. BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of /�p✓�ntB�EIL , A.D. 2012. 'DE ""l CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH V JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS V CHRIS FUNKHOUSER LARRY KOT V Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 027 day of �C)VE-4 6ef— 2012. MA OR Resolution No. 2012-01q Page 1 SIXTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT THIS SIXTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT ("Fifth Amewiyrent") made effective the 15th day of December 2012 by and between the cities of Aurora (hereinafter "Aui-ora"), Batavia (hereinafter "Batavia"), Plano (hereinafter "Plano"), Sandwich (hereinafter "Sandwich") and Yorkville (hereinafter "Yorkville") and the Villages of Big Rock (hereinafter "Bi(,, Rock"), Montgomery (hereinafter "Montgomei.y"), North Aurora (hereinafter "North Aurora"), and Sugar Grove (hereinafter "Sugar Grove"), all being municipal corporations of the State of Illinois (sometimes individually referred to herein as a "Municipality" and collectively referred to herein as the "Municipalities"). WITNESSETH: WHEREAS, effective December 15, 1987, Aurora, North Aurora, Sugar Grove and Montgomery, executed an Intergovernmental Cooperation Agreement (hereinafter the "Intergovernmental Agreement"), which was subsequently joined by Oswego and Yorkville, for a five-year term beginning on December 15, 1987 and ending on December 15, 1992; and, WHEREAS, effective December 15, 1992, the Intergovernmental Agreement was amended by the Municipalities referenced therein extending the term from December 15, 1992 through December 15, 1997, with the exception of North Aurora, which only agreed to extend the term from December 15, 1992 through December 15, 1995; and, WHEREAS, effective December 15, 1995, a Second Amended Intergovernmental Agreement was executed for the sole purpose of North Aurora agreeing to extend the term of the Intergovernmental Agreement from December 15, 1995 through December- 15, 1997; and, WHEREAS, effective December 15, 1997, a Third Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 1997 through December 15, 2002, which was subsequently joined by Plano; and, WHEREAS, effective December 15, 2002, a Fourth Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof fi-om December 15, 2002 through December 15, 2007, which was subsequently joined by the City of Batavia, City of Sandwich and the Village of Big Rock; and, WHEREAS, effective December 15, 2007, a Fifth Amended Intergovernmental Agreement was executed by the Municipalities referenced therein extending the term thereof from December 15, 2007 through December 15, 2012; and, 1 WHEREAS, the Municipalities have agreed to a Sixth Amendment to the Intergovernmental Agreement extending the term thereof for five (5) years from December 15, 2012 through December 15, 2017. NOW, THEREFORE, the Municipalities, in consideration of the mutual covenants and agreements of the parties, do hereby and herein agree as follows: 1. That the term of the Intergovernmental Agreement shall be extended for five (5) years from December 15, 2012 through December 15, 2017 as between all of the Municipalities, other than Yorkville, for which the term of the Intergovernmental Agreement shall be extended for three (3) years from December 15, 2012 through December 14, 2015, and thereafter automatically renewable for an additional year (December 15, 2015 to December 14, 2016) unless Yorkville sends notice to the Municipalities on or before October 15, 2015 of its intention to terminate, and, if not terminated, automatically extended until December 15, 2017, unless Yorkville sends notices to the Municipalities on or before October 15, 2016, of its intention to terminate as of December 14, 2016. 2. That except as set forth in this Sixth Amendment and in the prior Anlendments thereto, the Intergovernmental Agreement shall remain in full force and effect as originally executed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Sixth Amendment to be executed by their appropriate officers effective as of the date first above written. CITY OF AURORA, a Municipal corporation ATTEST: City Clerk Mayor VILLAGE OF NORTH AURORA, a municipal corporation ATTEST: Village Clerk Village President VILLAGE OF SUGAR GROVE, a municipal corporation ATTEST: Village Clerk Village President VILLAGE OF MONTGOMERY,a municipal corporation ATTEST: Village Clerk Village President 2 UNITED CITY OF YORKVILLE, a municipal corporation ATTEST: lepa—r/City Clerk Mayor VILLAGE OF BIG ROCK, a Municipal corporation ATTEST: Village Clerk Village President CITY OF PLANO, a Municipal corporation ATTEST: City Clerk Mayor CITY OF SANDWICH, a Municipal corporation ATTEST: City Clerk Mayor CITY OF BATAVIA, a Municipal corporation ATTEST: City Clerk Mayor 3