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Resolution 2017-09 Resolution No. 2017-0 1— A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND THE VILLAGE OF NEWARK REGARDING ADMINISTRATIVE ADJUDICATION WHEREAS, the United City of Yorkville, Kendall County, Illinois ("Yorkville") and the Village of Newark, Kendall County, Illinois ("Newark") are duly organized and validly existing non home-rule municipalities created in accordance with the Constitution of the State of Illinois of 1970 and the laws of this State; and, WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibit by law or by ordinance; and, WHEREAS, pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., Yorkville and Newark are authorized to enter into an agreement for the joint performance of any powers, privileges, functions or authority which may be exercised by a public agency of the State of Illinois; and, WHEREAS, as a non home-rule municipality, pursuant to Section 1-2.1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seq. and Section 11-31.1 of the Illinois Municipal Code, 65 ILCS 5/11-31.1-1 et seq. (collectively, the "Municipal Code") Yorkville, by Ordinance dated October 27, 2015, adopted the Municipal Code and set forth the procedures for an administrative adjudication system ("Yorkville Adjudication System")through which an administrative hearing officer conducts administrative hearings to adjudicate certain violations of the United City of Yorkville Code of Ordinances(the"Yorkville City Code"); and, WHEREAS,Newark believes it to be in its best interests to utilize the Yorkville Adjudication System to adjudicate violations of its ordinances in an effort to avoid duplication of systems and provide cost savings; and, WHEREAS,Yorkville agrees that it is in its best interests to facilitate adjudication of violations of Newark's ordinances through the Yorkville Adjudication System. Resolution No.2017-09 Page 1 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 Intergovernmental Agreement by and between the United City of Yorkville and the Village of Newark Regarding Administrative Adjudication, attached hereto and made a part hereof, is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said Agreement on behalf of the United City of Yorkville. Section 2. The Mayor and City clerk are hereby authorized and directed to undertake any and all actions as may be required to implement the terms of said Agreement. Section 3. 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 , 2017. CITY CLERk CHRIS FUNKHOUSER KEN KOCH CARLO COLOSIMO DIANE TEELING \r JACKIE MILSCHEWSKI JOEL FRIEDERS SEAVER TARULIS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of FQ3R LIAR , 2017. MAY R Attest' 7� City C erk Resolution No.2017- 09 Page 2 AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND THE VILLAGE OF NEWARK REGARDING ADMINISTRATIVE ADJUDICATION ;/THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and dai7 entered into as of the ,3 day of 8th U(}(l,Y , 29}6, by and between the United City of Yorkville, Kendall County, Illinois ( "Yorkville") a municipal corporation of the State of Illinois and the Village of Newark, Kendall County, Illinois ( "Newark") a municipal corporation of the State of Illinois (collectively "Parties"). WITNESSETH: WHEREAS,Yorkville and Newark are duly organized and validly existing non home-rule municipalities created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance; and, WHEREAS, pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., Yorkville and Newark are authorized to enter into an agreement for the joint performance of any powers, privileges, functions or authority which may be exercised by a public agency of the State of Illinois; and, WHEREAS, as a non home-rule municipality, pursuant to Section 1-2.1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seq. and Section 11-31.1 of the Illinois Municipal Code, 65 ILCS 5/11-31.1-1 et seq. (collectively, the "Municipal Code") Yorkville, by Ordinance dated October 27, 2015, adopted the Municipal Code and established the procedures for an administrative adjudication system ("Yorkville Adjudication System") through which an administrative hearing officer conducts administrative hearings to adjudicate certain violations of the United City of Yorkville Code of Ordinances (the "Yorkville City Code"); and, WHEREAS, Newark has adopted, or will adopt prior to the date of this Agreement, an ordinance which authorizes Newark to administratively adjudicate violations of its ordinances; and, WHEREAS, Newark believes it to be in its best interests to utilize the Yorkville Adjudication System to adjudicate violations of its ordinances in an effort to avoid duplication of systems and provide cost savings; and, WHEREAS, Yorkville agrees that it is in its best interests to facilitate adjudication of violations of Newark's ordinances through the Yorkville Adjudication System; and, WHEREAS, this Agreement sets forth the terms and conditions pursuant to which Yorkville will provide Newark with use of the Yorkville Adjudication System for processing violations of Newark's ordinances. NOW, THEREFORE, in consideration of the promises and mutual covenants hereafter set forth, the Parties agree as follows: Section 1. The foregoing preambles are hereby incorporated into this Agreement as if fully restated in this Section 1. Section 2. Yorkville, through the Yorkville Adjudication System, will process and conduct administrative adjudications of citations that are issued by Newark code enforcement officers from time to time and which are assigned by the issuing officer for administrative adjudication. Section 3. At the expiration of the first six (6) months of the term of this Agreement, Yorkville shall review the number of citations heard and time allotted to Newark at each session of the Yorkville Adjudication System and determine if any proportion of the costs incurred by Yorkville for the administrative hearing officer and court reporter should be paid by Newark. If Yorkville determines that they have incurred increased costs as a result of the Newark citations, then the parties shall mutually agree upon a proportional division of the expenses. Section 4. Hearings on citations to be processed through the Yorkville Adjudication System shall be held at the United City of Yorkville Village Hall, 800 Game Farm Road,Yorkville, Illinois 6056 in accordance with the procedures as set forth in the Yorkville City Code. Section 5. All administrative adjudication hearings under the Yorkville Adjudication System shall be conducted by an administrative hearing officer appointed by Yorkville pursuant to the Yorkville City Code. Section 6. Newark shall indemnify and hold harmless Yorkville, and its officers, agents and employees, with respect to any claim or loss, including, but not limited to, attorney's fees, costs and expenses of litigation, claims and judgments in connection with any and all claims for damages of any kind which may arise, either directly or indirectly, from the acts or omissions or Newark, or its officer, agents, employees or contractors, in the exercise of its rights or the performance of its obligations under this Agreement. Section 7. Nothing in this Agreement shall be deemed to change or alter the jurisdiction of either Yorkville or Newark in any respect. Section 8. All notices required or permitted hereunder shall be in writing and may be given by (a) depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and certified with the return receipt requested, (b) delivering the same in person, or(c)telecopying the same with electronic confirmation of receipt If to the Village: Bob Nordengren Village Administrator 101 W. Lions Street Newark, Illinois 60541 With a copy to: Boyd Ingemunson Ingemunson Law Offices Ltd. 759 W. John St. Suite A Yorkville, Illinois 60560 If to the City: Bart Olson City Administrator 800 Game Farm Road Yorkville, Illinois 60560 With a copy to : Kathleen Field Orr Kathleen Field Orr&Associates 53 West Jackson Blvd., Suite 964 Chicago, Illinois 60604 Or any such other person, counsel or address as any party hereto shall specify pursuant to this Section from time to time. Section 9. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and both of which shall constitute one and the same Agreement. Section 10. This Agreement represents the entire agreement between the parties and there are no other promises or conditions in any other agreement whether oral or written. Except as stated herein,this Agreement supersedes any other prior written or oral agreements between the parties and may not be further modified except in writing acknowledged by both parties. Section 11. When performing pursuant to the terms of this Agreement, Yorkville and Newark intend that any injuries to their respective employees shall be covered and handled exclusively by their jurisdiction's own worker's compensation insurance in place at the time of such injury. It is further agreed that all employee benefits, wage and disability payments,pension and worker's compensation claims, damage to or destruction of equipment,facilities, clothing and related medical expenses of Yorkville or Newark and their respective employees,which may result from their activities under this Agreement, shall be the responsibility of the jurisdiction which employs the employee making such a claim.. Section 12. This Agreement shall be in full force and effect for a period of 3 years from the date of the last signature below, and may be renewed upon agreement of the parties in writing; provided however, either party may terminate this Agreement by providing thirty (30) calendar days' advance written notice to the other party. Section 13. This Agreement may be amended only with written consent of all parties hereto. Section 14. Yorkville and Newark each hereby warrant and represent that their respective signatures set forth below have been, and are on the date of this Agreement, duly authorized by all necessary and appropriate corporate and/or governmental action to execute this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, Kendall County, L� Illinois, a municipal corporation �ALL � By: /* Mayo Attest: Crty Clerk Village of Newark, Kendall County, Illinois, a municipal corporation By: ,�. �,��_ Mayo6 Attest: x SEAL P . Village rk '.