Ordinance 2024-12 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2024-12
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING THE THIRD 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 23rd day of April, 2024
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on April 26, 2024.
Ordinance No. 2024-12
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS,APPROVING THE THIRD 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, Kendall County, Illinois (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 Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the Third 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. Each section, clause, and provision of this Ordinance shall be considered as
separable, and the invalidity of one or more shall not have any effect upon the validity of other
sections, clauses, or provisions of this Ordinance.
Section 3. This ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
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Ordinance No.2024-12
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this 23rd day of April, A.D. 2024.
CI Y CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this O day of y ri , A.D. 2024.
MAYOR
Attest:
1.21
IT CLERK
Ordinance No.2024-12
Page 3
THIRD 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 THIRD AMENDMENT is made and entered into this day of 2024,
by and between the United City of Yorkville, an Illinois municipal corporation (hereinafter
"City"), and the Yorkville-Bristol Sanitary District(hereinafter"District").
WHEREAS, the District and the City 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 District and the City entered into an AMENDED
INTERGOVERNMENTAL COOPERATIVE AGREEMENT(the"Amended Agreement")dated
April 9, 2013, further amended by Ordinance 2015-11 dated March 10, 2015, regarding the City
providing billing and collection services for the District's services to residents in the District; and
WHEREAS,the City and the District desire to further amend the Agreement for the
billing and collection services provided by the City.
NOW, THEREFORE, in consideration of the mutual covenants contained herein the City
and District agree as follows:
Section 1. The above recitals are incorporated herein by reference as though fully set
forth.
Section 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 residential
properties located within 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
services fee of five percent (5.0%) of the Sanitary District fees and charges
collected for these residential properties.
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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.
The Sanitary District shall be responsible for billing and collection of Sanitary
District fees imposed upon commercial, industrial and governmental users located
within the District. The City shall provide meter reading services to the District at
these properties. The District agrees to pay to the City a fee of fifty cents ($0.50)
for each meter read by the City each time a meter is read. This meter reading rate
shall be reviewed annually and amended if it is determined that said rate no longer
reasonably reflects the expense incurred by the City for such service.
This Amended Agreement shall terminate on April 30, 2044, or it may be
terminated by either party upon 90 days written notice to the other party."
Section 3. All other terms contained in the Amended Agreement not amended by this
Third Amendment shall remain in full force and effect.
Section 4. Any term or condition of this Amended Agreement may be amended, deleted
or altered only by written agreement approved by and duly executed by the City and the District.
Section 5. This Second Amendment may be executed in several counterparts that shall
be an original and shall constitute but one and the same Agreement.
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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 municipal
corporation
By: J
Mayor
Attest:
Date:
C' yCl r
Yorkville-Bristol Sanitary District
13J\ibli` 716 ‘
By:
President
Attest.:
t`A-- / Date: 572/2'-1
Secretary
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