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Resolution 2021-17 Resolution No.2021-17 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT PROVIDING FOR JOINT WATER SOURCE STUDIES AMONG THE VILLAGE OF OSWEGO,KENDALL AND WILL COUNTIES,ILLINOIS,THE UNITED CITY OF YORKVILi E,KENDALL COUNTY,ILLINOIS,THE VILLAGE OF MONTGOMERY,KANE AND KENDALL COUNTIES,ILLINOIS 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 may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and, WHEREAS,the Intergovernmental Cooperation Act(5 ILCS 220/1 et seq.)provides that any power or powers, privileges, functions or authority exercised or which may be exercised by a public agency may be exercised, combined,transferred and enjoyed jointly with another public agency; and, WHEREAS, the Village of Oswego, Kendall and Will Counties, Illinois, is a home rule municipal corporation of the State of Illinois ("Oswego"); the United City of Yorkville, Kendall County, Illinois, is a non-home-rule municipality of the State of Illinois ("Yorkville"); and, the Village of Montgomery is a non-home-rule municipality of the State of Illinois ("Montgomery"), (collectively, the "Municipalities"); and, WHEREAS,Oswego, Yorkville and Montgomery have determined that it is necessary to undertake a study of the long term sufficiency of the regional deep sandstone aquifers providing the groundwater to supply all of the residences and businesses within each of these Municipalities; and, Resolution No.2021-17 Page 1 WHEREAS,the Municipalities have also acknowledged that it is in the best interest of each of them to approach the study of available water sources on a regional basis in order to explore the construction of a regional water supply system to offset the extraordinary investment such an undertaking shall require; and, WHEREAS, the Municipalities have agreed to jointly hire engineers, lawyers and such other experts as may be required to advise them on all of the matters, foreseen and unforeseen, on the advantages and disadvantages of all potential water supply sources all as provided in the Intergovernmental Agreement attached hereto. NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Section 2. The Intergovernmental Agreement among the Village of Oswego, the United City of Yorkville, and the Village of Montgomery, in the form attached hereto and made a part hereof, is hereby approved; and,the Mayor and City Clerk are hereby authorized to execute said Agreement. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 23rd day of March,A.D. 2021. CITY CLERK KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS AYE JASON PETERSON ABSENT Resolution No.2021-17 Page 2 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this 3/tiday of MARCH , A.D. 2021. MAYOR Attest: ?ceiefit CITY CLERK Resolution No.2021-17 Page 3 STATE OF ILLINOIS ) SS. COUNTY OF KENDALL ) CERTIFICATE I, Lisa Pickering, City Clerk of the United City of Yorkville, Kendall County, State of Illinois, and Legal Custodian of the records, files, and seal of said City do hereby certify that the foregoing is a true and correct copy of Resolution No. 2021-17 entitled: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT PROVIDING FOR JOINT WATER SOURCE STUDIES AMONG THE VILLAGE OF OSWEGO,KENDALL AND WILL COUNTIES,ILLINOIS,THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,THE VILLAGE OF MONTGOMERY,KANE AND KENDALL COUNTIES,ILLINOIS which was approved by the City Council of the United City of Yorkville on the 23"I day of March, 2021. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the United City of Yorkville this 4th day of June, 2021. (f0a- ?e/Ciee Lisa Pickering, City Clerk QF yp;`..• (SEAL) '•Corporate .T`': It• SEAL �F ........ . ,• ••���,:.: INTERGOVERNMENTAL AGREEMENT PROVIDING FOR JOINT WATER SOURCE STUDIES AMONG THE VILLAGE OF OSWEGO,KENDALL AND WILL COUNTIES, ILLINOIS,THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,THE VILLAGE OF MONTGOMERY,KANE AND KENDALL COUNTIES,ILLINOIS, AND FOR JOINT ENGINEERING WATER STUDY THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement') by and among the Village of Oswego, Kendall and Will Counties, Illinois ("Oswego") a home rule municipal corporation of the State of Illinois, the United City of Yorkville, Kendall County, Illinois ("Yorkville') a non-home rule municipal corporation of the State of Illinois and the Village of Montgomery. Kane and Kendall Counties, Illinois ("Montgomery'), a non-home rule municipal corporation of the State of Illinois. (collectively, the "Municipalities") entered into this 20th day of April, 2021. WITNESSETH: 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 may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and, WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) provides that any power or powers, privileges, functions or authority exercised or which may be exercised by a public agency may be exercised, combined, transferred and enjoyed jointly with another public agency; and, WHEREAS, Oswego, Yorkville and Montgomery have determined that it is necessary to undertake a study of the long term sufficiency of the regional deep sandstone aquifers providing the groundwater to supply all of the residences and businesses within each of these Municipalities; and, 1 WHEREAS, it has been reported that the long term availability of the aquifers providing the groundwater supply to the Municipalities is in question and it is incumbent upon the Municipalities to study new water sources to serve their users as the population in the region continues to grow and industrial demands increase; and, WHEREAS, the Municipalities have also acknowledged that it is in the best interest of each of them to approach the study of available water sources on a regional basis in order to explore the construction of a regional water supply system to offset the extraordinary investment such an undertaking shall require; and, WHEREAS, the Municipalities agree that, in order to research available new water sources, engineering studies of potential supply routes, water quality, allocations from the Illinois Department of Natural Resources, construction cost estimates, operational cost estimates and unforeseen issues are necessary; and, WHEREAS, the Municipalities further agree that the investigation of a new water supply would also require legal analyses of governance issues pertaining to water usage such as permitting, conservation regulations, property acquisition and purchase contracts; and. WHEREAS, the Municipalities have agreed to jointly hire engineers, lawyers and such other experts as may be required to advise them on all of the matters, foreseen and unforeseen, on the advantages and disadvantages of all potential water supply sources all as hereinafter provided. NOW, THEREFORE, in consideration of the mutual promises, obligations and undertakings hereafter set forth, the Municipalities agree as follows: Section 1. The foregoing preambles are hereby incorporated into this Agreement as if fully restated in this Section 1. 2 Section 2. The Municipalities hereby agree to coordinate with one another to determine the professional services required to undertake and perform all necessary research, investigations and studies, and to jointly select all professional services to be provided, it being understood that the selection shall be in accordance with all applicable ordinances and laws of the State of Illinois and shall be by unanimous consent of the Municipalities. Section 3. Upon selection of a professional service, the Municipalities shall work together to determine the scope of any assignment, the deliverables from such assignment and the estimated cost. It is understood that all contracts or agreements for any professional service with an estimated cost in excess of$25,000 shall be subject to the approval of the corporate authorities of each of the respective Municipalities prior to the commencement of work. Section 4. The Municipalities agree to review all invoices for services rendered and to distinguish those costs which serves any one Municipality over the other Municipality. which cost shall be paid by the benefitted Municipalities. Payment of all invoices for professional services shall be made within thirty (30) days of review. Section 5. This Agreement and the rights of the Municipalities hereunder may not be assigned, and the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the Municipalities. Section 6. This Agreement shall be interpreted and enforced under the laws of the State of Illinois. Any legal proceeding related to enforcement of this Agreement shall be brought in the Circuit Court of Kendall County, Illinois. In case any provision of this Agreement shall be declared and/or found invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall, to the extent possible, be modified by the court in such manner as to be valid, legal and enforceable so as to most nearly retain the intent of the Municipalities, and, if such modification is 3 not possible, such provision shall be severed from this Agreement, and in either case the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. Section 7. 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 of Oswego: Village Administrator Village of Oswego 100 Parkers Mill Oswego, Illinois 60543 With a copy to: Karl Ottosen Ottosen DiNolfo Hasenbalg& Castaldo, Ltd. 1804 North Naper, Suite 350 Naperville, Illinois 60563 If to the City of Yorkville: City Administrator United City of Yorkville 800 Game Farm Road Yorkville. Illinois 60560 With a copy to: Kathleen Field Orr 2024 Hickory Road, Suite 205 Homewood, Illinois 60430 If to the Village of Montgomery: Village Administrator Village of Montgomery 200 North River Street Montgomery, Illinois 60538 With a copy to: Laura M. Julien Mickey, Wilson, Weiler, Renzi & Andersson 140 South Municipal Drive Sugar Grove, Illinois 60542 4 Or any such other person, counsel or address as any Municipality hereto shall specify pursuant to this Section from time to time. Section 8. 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 9. This Agreement represents the entire agreement among the Municipalities pertaining to professional services for determining a new water supply source and there are no other promises or conditions in any other agreement whether oral or written pertaining thereto. Except as stated herein, this Agreement supersedes any other prior written or oral agreements between the Municipalities and may not be further modified except in writing acknowledged all of the Municipalities. Section 10. This Agreement shall be in full force and effect upon approval by resolution adopted by the corporate authorities of their respective Municipalities; provided, however, any Municipality may terminate this Agreement by providing thirty (30) calendar days' advance written notice to the other Municipalities. In the event a Municipality terminates it participation in this joint undertaking, such Municipality shall be responsible for its share of all costs incurred and costs to be incurred due to written contracts or commitments for thirty (30) days after the date of written notice. In such a case, this Agreement shall remain in full force and effect as to and between the remaining Municipalities. Section 11. This Agreement may be amended only with written consent of all Parties hereto. [SIGNATURE PAGE TO FOLLOW] 5 IN WITNESS WHEREOF, this Agreement, among the Village of Oswego, Kendall and Will Counties, Illinois, the United City of Yorkville, Kendall County, Illinois, the Village of Montgomery, Kane and Kendall Counties, Illinois and for Joint Engineering Water Study have executed this Agreement as dated below by each Mayor: United Cityof Yorkville, Kendall County, Y, Illinois, a mnici o.1 corporation By: Mayo Attest: Poleviz. C t-r' Clerk Village of Oswego. Kendall and Will Counties ois. a municipal corporation By: Mayor Attest: , /2) ( Village Clerk Village of Montgomery. Kane and Kendall Counties, Illinois, a municipal corporation By: Mayor Attest: Village Clerk 6