Ordinance 2015-11 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2015-11
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL
COUNTY, ILLINOIS, APPROVING THE SECOND AMENDMENT TO THE
AMENDED INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN
THE UNITED CITY OF YORKVILLE AND THE YORKVILLE BRISTOL SANITARY
DISTRICT REGARDING BILLING FOR DISTRICT SERVICES
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 10`x'day of March, 2015
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on May 29, 2015.
Ordinance No. 2015-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS,APPROVING THE SECOND AMENDMENT TO THE
AMENDED INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN
THE UNITED CITY OF YORKVILLE AND THE YORKVILLE-BRISTOL SANITARY
DISTRICT REGARDING BILLING FOR DISTRICT SERVICES
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, the City previously entered into an Amended Intergovernmental
Cooperative Agreement (the "Agreement") dated April 9, 2013 with Yorkville-Bristol Sanitary
District (the "District"); and,
WHEREAS, the City and the District desire to amend the Agreement for the billing and
collection services provided by the City.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1: That the Second Amendment to the Amended Intergovernmental Cooperative
Agreement Between the United City of Yorkville and the Yorkville Bristol-Sanitary District
Regarding Billing for District Services, attached hereto and made a part hereof by reference, is
hereby approved.
Section 2: This Ordinance shall be in full force and effect upon its passage, approval,
and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
t day of 41 CA rG , A.D. 2015.
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
JOEL FRIEDERS ` CHRIS FUNKHOUSER
ROSE ANN SPEARS DIANE TEELING
Ordinance No.2015- H_
Page 2
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
g day of KAY , A.D. 2015.
MAY R
Ordinance No. 2015-�
Page 3
SECOND AMENDMENT TO THE AMENDED INTERGOVERNMENTAL
COOPERATIVE AGREEMENT BETWEEN THE UNITED CITY OF
YORKVILLE AND THE YORKVILLE-BRISTOL SANITARY DISTRICT
REGARDING BILLING FOR DISTRICT SERVICES
THIS SECOND AMENDMENT is made and entered into this day of
MW 2015, by and between the United City of Yorkville, an Illinois municipal
corporation (hereinafter "City"), and the Yorkville-Bristol Sanitary District (hereinafter
"District").
WHEREAS, the City and the District are units of local government and public
agencies within the meaning of the Illinois Intergovernmental Cooperation Act (5 ILCS
220/1 et seq.) (the "Act") and are authorized by the Act and by Article VII, Section 10 of
the 1970 Constitution of the State of Illinois to enter into intergovernmental agreements
of cooperation; and,
WHEREAS, the City and District entered into an AMENDED
INTERGOVERNMENTAL COOPERATIVE AGREEMENT (the "Amended Agreement")
dated April 9, 2013 regarding the City providing billing and collection services for the
District's services to residents in the District; and,
WHEREAS, the City and District desire to amend that Amended Agreement to
extend the term of the Agreement until amended or terminated by either the City or
District.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the City and District agree as follows:
1. The above recitals are incorporated herein by reference as though fully set
forth.
2. That paragraph 3 of the Agreement shall be amended to read as follows:
"3. The City agrees to provide billing and collection
services for the Sanitary District. These services shall be a
part of the City's bi-monthly utility billing program. The
City shall forward the funds received from the billing and
collection of the Sanitary District's fees and charges not
less than 45 days after its receipt by the City. The City
shall be entitled to a collection service fee of five percent
(5.0%) of the Sanitary District fees and charges collected.
1
The City shall invoice the Sanitary District on a monthly
basis for the service fee. In the event that an invoice is over
sixty (60) days past due, the City shall deduct the amount
due from any Sanitary District fees and charges collected
but not yet forwarded to the Sanitary District.
This Amended Agreement shall terminate on April 30,
2017 or it may be terminated by either party upon 90 days
written notice to the other party."
3. All other terms contained in the Amended Agreement not amended by this
Second Amendment shall remain in full force and effect.
4. Any term or condition of this Second Agreement may be amended, deleted or
altered only by written agreement approved by and duly executed by City and the
District.
5. This Second Amendment may be executed in several counterparts that shall be
an original and shall constitute but one and the same Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective on the day and date first above written.
United City of Yorkville, an Illinois
mumci al corporation
By: 4,
Mayor
Attest: 5Z/
Date:
City Clerk
Yorkville-Bristol an' ry District
By:
President
Attest:z 7 Date: 5`!ll
Sec
2