Resolution 2014-34 Resolution No. 2014-
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING A FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
FOR RECIPROCAL BUILDING INSPECTION SERVICES BETWEEN KENDALL COUNTY,
ILLINOIS AND YORKVILLE,ILLINOIS
WHEREAS, the United City of Yorkville, Kendall County, Illinois 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 this State; and,
WHEREAS, the County of Kendall is a duly organized and validly existing unit of local
government of the State of Illinois.
NOW,THEREFORE,BE IT RESOLVED,by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the First Amendment to the Intergovernmental Agreement for Reciprocal
Building Inspection Services Between Kendall County, Illinois and Yorkville, Illinois, attached
hereto and made a part hereof, is hereby approved and the Mayor and the City Clerk are hereby
authorized to execute and deliver said First Amendment on behalf of the United City of
Yorkville.
Section 2. 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 /Uayflw ��(� ' 2014.
I— _L&
CITY CLERK
� l
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
ROSE ANN SPEARS DIANE TEELING
Resolution No.2014-3q
Page 1
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
62 day of ECE M BF.f , 2014.
MAIIOF�/
At
tes U
City Clerk
Resolution No.2014-34
Page 2
FIR8'r AMENDIMENTTO THE INTERGOVERNMENTAL AGREEMENl[FOR RECIPROCAL
BUILDING INSPECTION SERVICES BE'rWEENKENDALL CO0NTV, ILLINOIS AND
1/ORKN/8LLE, ILIJN0US
This First Axncndnnco1 to the lcdezgov#oznunta| f\gccomeni for Reciprocal Building
Inspection Services bctvvccn Kendall County, D6onin and Yorkville. Uhuoja (the "Ti/s/
�me/xdixev/"), ioonodeoodentered into this | / day of Qkju� 20l4` byand hetvvceu the
County of Kendall, a unit of local government of the State ofillinois ("Kendall Countv") and the
United City uf}'ockviUi�, Kendall County, Illinois, an D|iunio municipal corporation (the ^^(T(y").
wi,rNESSET|-I
WHEREAS, Article l/}/, Suudoo l0of the Illinois Constitution ofl470provides that
units of local government may contract or otherwise associate among themselves to obtain or
obuno services and to exercise, combine, or transfer any power or function in any nua000r not
prohibited by law nrby ordinance and may use their credit, revenues, and other resources topay
costs related tointergovernmental activities-, mod,
WHEREAS, the {]pp and Kcodo}) County are units of local government within dhe
rouuuiog of/\dic\e \/{|. Soodcon | of the [!1ioOio Constitution o[|97U who are authorized to enter
'into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS
220/1 e/xxy. (the '~/n/e/l,,ovorxmen&«/{ooyo/t///axAc(`1; and,
WHEREAS, pursuant to the authohty granted by the |ntergnvucnrucmtu| Cooperation
Act. the Illinois Counties Code (5-5 |LCS 5/1-1001^ a% se4.). the Illinois Municipal Code (65
II-[@ j/l'|-1, m/ xx9.), and Section 10.09-1(f) of the Capital Development Board Act (70 lLCS
3105/10.09'1(M), Kendall County and the City {co}}c»dvcly the ^-Parties") entered into the
Intergovernmental Agreement bor Kouiponca\ Building Inspection Services betvvcco Kendall
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County. Illinois and Yorkville. Illinois (the **O)-�ginal .4,,,I-eement") in order to share their
resources and assist each other in the performance of certain inspections on an as needed basis.,
and,
WHEREAS, the Original Agreement excluded plumbing inspection.-, from the list of
inspection services that the Parties would perform on each other's behalf when requested-, and.
WHEREAS, the Parties now desire to amend the Original Agreement to allow the City
of Yorkville Building Code Official Pete Ratos to perform plumbing inspections on Kendall
COUMN"s behalf when requested.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
conditions herein contained, and by authority of and in accordance with the aforesaid statutes of
the State of Illinois., the Pailles agree as follows:
Section 1. The Parties agree that all of the recitals contained in the Preambles to the First
Amendment are true and correct and are hereby incorporated into this First Amendment as
though they were fully set forth in this Section 1.
Section 2. Section 2 of the Original Agreement is hereby amended to read as follows:
'"Section 2.
a. The Parties agree that Kendall County Code Official Brian Holdiman and the City
of Yorkville Building Code Official Pete Ratos shall perform the following
services on the other Party's behalf when requested: footing inspections; backfill
inspections; foundation wall inspections; concrete slab inspections; rough framing
inspections, rough electric inspections, underground electric inspections; electric
service inspections:, insulation inspections, rooting inspections and final
inspections. In instances where Holdiman or Ratos inspect and find violations
and a code enforcement action is required in court or administrative adjudication,
Floldinian or Ratos may be requested to be a witness to verify any violations
found during their inspection. If it is requested that either Ratos or Holdinian
attend an administrative or Court hearing in regard to violations, then they shall be
given reasonable notice of no less than fourteen (14) days for such hearing and
they shall attend as requested.
b. The Parties agree that City of Yorkville Building Code Official Pete Ratos may,
in his discretion. perform plumbing inspections on Kendall County's behalf when
requested. In instances where Ratos performs plumbing inspections and finds
violations and a code enforcement action is required in court or administrative
adjudication, Ratos may be requested to be a witness to verify any violations
R)und during his inspection. if it is requested that Ratos attend all administrative
or court hearing in rcoard to violations, then lie shall be given reasonable notice of
no less than tburteen (14) days for such hearing and he shall attend as requested.-
Section 3. Section 3 of the Original Agreement is hereby amended to read as follows:
"Section 3. The Parties agree that the following inspection services shall not be
provided under this agreement: plan review; permit approval; and initial site inspections prior to
a permit being issued.-
Section 4. Section 4 of the Original Agreement is hereby amended to read as follows:
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^Seclion4. Upon request. the Parties agree to coordinate and assist each other ill the
Parties` performance of(he inspections set 4brth in Section 2uf this Agreement only under the
following ci,00 ill stances:
a. !f Kendall County Code ()ffidu| F{oldiruanor City Building Code ()0ficiu\ &utou
io absent from work due tu illness, vacation, oil on approved leave n[absence, o«
otherwise unavailable to perform one or more of the above listed inspections
within Section 2/ulfbr their respective jurisdiction; aud/or,
b. If Kendall County Code 00Gciu| Bn|dirnan or City Building Code 0fficiu| Ratoy
has a conflict ofinterest in performing one or more of the inspections set forth in
Section 2/a> for their respective jurisdiction; and/or,
c |f the Kendall County Plumbing Contractor iaabsent from work due toillness,
vacation, on an approved leave of absence, or otherwise unavailable to perform
plumbing inspections for his or her rcapnutivc jurisdiotioo: and/or,
d. 1f the Kendall County Plumbing Contractor has u conflict ofinterest in
pccfbnoiog plumbing inspections for his or her respective jurisdiction.
For purposes of this Agreement, the Party requesting assistance shall be referred twua "the home
jurisdiction" and the Party providing the inspection services assistance as act fhdb in 3ccdnn 2
shall bc referred toas -the visiting inspeck`r`"
Sec//on 5. All other terms and conditions of the Original Agreement mba|| remain in full
force and effect.
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IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be
executed by their duly authorized officers on the above date at Yorkville, Illinois.
County ' end' aL111it0f*IOC.A1government United City of Yorkville. Kendall County,
of the tate o ' Ilinois Illinois a municipal corporation
/1,7
3�
Clair., County Boa Mayor
a L"
Ilinois
Cl air.
I C
Atles Attest.-
-1liza-Z
County Clerk City Clerk
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