Loading...
Ordinance 2010-12 Ordinance No. 2010 - _A - X AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND THE BRISTOL - KENDALL FIRE PROTECTION DISTRICT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City "), is a duly created, organized, and validly existing municipality of the State of Illinois under the 1970 Illinois Constitution and the laws of the State of Illinois, including particularly the Illinois Municipal Code, as from time to time amended (the "Municipal Code ") (65 ILCS 5/65- 1 -1 -2, et. seq.); and, WHEREAS, the Bristol - Kendall Fire Protection District (the "District ") and the City are "public agencies" within the meaning of the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1, et seq.); and, WHEREAS, the District and the City are "units of local government" within the context of Section 10, Article VII, of the Illinois Constitution of 1970; and, WHEREAS, the District and the City are authorized to contract with each other to obtain or share services, or exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance; and, WHEREAS, the City desires to have the District undertake inspection services to ensure compliance with fire code standards. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The Corporate Authorities of the United City of Yorkville hereby find as facts all of the recitals in the preamble of this Ordinance, as well as the preambles contained in the Intergovernmental Agreement. Section 2. That the Intergovernmental Agreement between the United City of Yorkville and the Bristol- Kendall Fire Protection District, a copy of which is attached hereto and incorporated herein, is hereby approved. Section 3. That the Mayor and City Clerk are hereby given the authority to execute and deliver said Intergovernmental Agreement. Section 4. That the officials, officers, and employees of the City are hereby authorized to take such further actions as are necessary to carry out the intent and purpose of this Ordinance and Agreement. Section S. This Ordinance shall be in full force and effect upon passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Ck day of A.D. 2010. CI CLERK ROBYN SUTCLIFF ARDEN JOE PLOCHER� GARY GOLINSKI ROSE SPEARS DIANE TEELING WALLY WERDERICH MARTY MUNNS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this / day of M -ARC4+ , A.D. 2010. i��/u -ems W Gv1� MAYOR 2 INTERGOVERNMENTAL AGREEMENT FOR FIRE PREVENTION CODE ENFORCEMENT THIS AGREEMENT made and entered into as of M a n c h 11 , 2010, by and between the United City of Yorkville, an Illinois municipal corporation (the "City ") and the Bristol- Kendall Fire Protection District, a body corporate and politic (the "Distric("). WITNESSETH: WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes units of local government to obtain or share services and to exercise, combine or transfer any power or function, in any manner not prohibited by law or ordinances; and, WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/3, 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 any other public agency of the State except where specifically and expressly prohibited by law; and, WHEREAS, the City has approached the District to undertake inspection services to ensure compliance with fire code standards; and WHEREAS, the City has adopted a Fire Prevention Code in order to permit the District to apply its standards within the boundaries of the City as hereinafter set forth; and, WHEREAS, the District employs personnel who are able to perform the inspection services necessary to enforce the Fire Prevention Code and review services to ensure compliance with said Fire Prevention Code; and, WHEREAS, the City desires to have the District perform such inspection services as are necessary for the proper enforcement of the Fire Prevention Code as hereinafter provided and to provide review services; and, 1 WHEREAS, the City has previously instituted an administrative adjudication process for the enforcement of local ordinances and codes; and, WHEREAS, the District and City desire to work together to ensure compliance with fire codes and building codes that are parallel to national standards. NOW, THEREFORE, in consideration of the foregoing recitals and of the covenants and conditions hereinafter contained, the adequacy and sufficiency of which the parties hereto hereby acknowledged, the parties hereto mutually agree as follows: 1. The District shall conduct such inspections as the District deems necessary to enforce the provisions of the City's Fire Prevention Code, and any and all amendments or revisions thereto, within the common boundaries of the District and the City. The District shall report the results of these inspections to the City in writing. 2. The District shall, upon the request of the City, perform plan review services in addition to such inspection services and provide all equipment that may be necessary for provisions of review services and the performance of such inspections and the proper enforcement of the City's Fire Prevention Code, within the common boundaries of the District and the City. 3. It is expressly agreed by the Parties hereto that the inspection and review services provided for in this Agreement shall be made at no cost to the City; however, any fees collected by the District in connection with its inspection and /or review services from property owners shall benefit the District. A copy of the inspection and review services fee schedule as attached hereto as Exhibit A to this Agreement. 4. The City shall make available to the District all available plans, specifications, and such other data and information in the possession of the City as may be necessary for 2 the performance of the District's inspection services or review services under this Agreement. 5. The Fire District shall make available to the City all available written reports, reviews, and such other data and information in the possession of the Fire District leading to the performance of the City's inspection services or review services. 6. The City shall be responsible for the prosecution of any and all citations of the Fire Prevention Code and Building Code (as applicable). The District agrees to provide assistance and testimony when necessary in any court cases prosecuted by the City. The Parties agree to split the revenues of any fines collected through the City's administrative adjudication process; 75% City portion and 25% District portion. 7. The City shall make reasonable arrangements with the District to assist the District in the performance of the plan review and inspection services provided herein. The number of inspections required at any time, the inspection assignments and the shifts to be worked shall be determined by the District. 8. Either party may terminate this Agreement at any time effective at the end of any calendar month, provided, however, that the party desiring to terminate this Agreement shall give sixty (60) days prior written notice to the other party specifying the end of the month on which the termination is to be effective. 9. This Agreement shall be effective upon the last date of execution of the Agreement by the final party hereto. 10. The District agrees to hold harmless, indemnify and defend the City from any and all claims, demands, liabilities and suits in law or in equity that may arise from or out of the District's performance under this Agreement. The City agrees to hold harmless, 3 indemnify and defend the District from any and all claims, demands, liabilities and suits in law or in equity that may arise from or out of the City's performance under this Agreement. 11. This Agreement shall be binding upon and inure to the benefit of any successor governmental legal entity that may assume and perform the duties of either party hereto. Notwithstanding the foregoing, this Agreement shall not be assigned by either party hereto without the prior written consent of the other party to this Agreement. 12. The invalidity of any provisions of this Agreement shall not impair the validity of any other provisions. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, that provision shall be deemed severed from this Agreement or as otherwise modified by the court. 13. This Agreement sets forth the entire understanding of the parties, and may only be amended, modified or terminated by a written instrument signed by the parties. 14. This Agreement shall be interpreted and construed in accordance with the laws of the State of Illinois. 15. All notices hereunder shall be in writing and must be served either personally or by registered or certified mail to: a. the City: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Attention: City Administrator b. the District: Bristol- Kendall Fire Protection District 103 East Beaver Street Yorkville, Illinois 60560 Attention: Fire Chief 4 c. To such other person or place which either party hereto by its prior written notice shall designate for notice to it from the other party hereto. 16. This Agreement is executed in multiple counterparts, each of which shall be deemed to be and shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: f LC�t Mayor v Attest: r Bristol - Kendall Fire Protection District By:/ �� President Attest: A Secretary 5 "EXHIBIT A" Bristol Kendall Fire Protection District Fee Schedule 1. Reviews by outside agency /consultant: To the extent that the District needs to utilize the services of an outside agency /consultant, the applicant shall pay all fees charged by the outside agency /consultant, and shall pay the District an additional administrative fee equal to 15% of the outside agency /consultant fee. 2. Fire Alarm Systems Review Fee: Any applicant for a building or structure having (or required to have) a fire alarm system shall pay to the District the following fee, in addition to the other fees set forth herein, for performing fire alarm system plan reviews and inspections: a. A fee of $250.00 shall be paid for the plan approval and necessary inspection of a fire alarm system. This includes 1 re- review and 2 acceptance tests. b. A fee of 50% of the fire alarm review shall be paid for each additional set of revised fire alarm drawings. c. A fee of $100.00 shall be paid for the review of afire alarm system in occupancies where the fire alarm system requires changes due to alterations or a change of occupant. This includes 1 inspection. 3. Fire Sprinkler Systems Review Fees: Any applicant for a building or structure having (or required to have) a fire sprinkler system shall pay to the district the following fees, in addition to the other fees set forth herein, for performing fire sprinkler system plan reviews and inspections: a. A fee of $300.00 shall be paid for the plan approval and necessary inspection of afire sprinkler system. This includes 1 re- review and 3 acceptance tests. b. A fee of 50% of the sprinkler review fee shall be paid for each additional set of revised sprinkler drawings. c. A fee of $50.00 shall be paid for witnessing of the underground flushing for the sprinkler system. d. A fee of $100.00 shall be paid for the review of a sprinkler system in occupancies where the sprinkler system requires changes due to alterations or a change of occupant. This includes I inspection. 4. Standpipe System Review Fee: Any applicant for a building or structure having (or required to have) a standpipe system shall pay to the District the following fees, in addition to the other fees set for herein, for performing standpipe system plan review and inspections: a. A fee of $100.00 shall be paid for the plan approval and inspection of a standpipe system. This includes 1 re- review and 1 inspection. b. A fee of $50.00 shall be paid for each additional standpipe riser. This includes 1 re- review and 1 inspection. c. A fee of 50% of the standpipe review fee shall be paid for each additional set of revised standpipe drawings. d. A fee of $100.00 shall be paid for the review of a standpipe system in occupancies where the standpipe system requires changes due to alterations or a change of occupant. This includes 1 inspection. 5. Fire Pump Review Fee: Any applicant for a building or structure having (or required to have) a fire pump shall pay to the District the following fees, in addition to the other fees set forth herein, for performing fire pump plan review and inspections: a. A fee of $100.00 shall be paid for the plan approval and inspection of afire pump. This includes 1 re- review and 1 inspection. b. A fee of 50% of the standpipe review fee shall be paid for each additional set of revised fire pump drawings. 6. Alternate Extinguishing System Review Fee: Any applicant for a building or structure having (or required to have) an alternate extinguishing system shall pay to the District the following fees, in addition to other fees set forth herein, for performing alternate extinguishing system plan review and inspections: a. A fee of $200.00 shall be paid for the plan approval and inspection of a foam, dry chemical, or other alternate extinguishing system. This includes 1 re- review and 1 inspection. I - b. A fee of $150.00 shall be paid for the plan approval and inspection of a carbon dioxide extinguishing system up to 35 pounds and $2.00 for each additional pound over 35 pounds. This includes 1 re- review and 1 inspection. c. A fee of 50% of the alternate extinguishing system review fee shall be paid for each additional set of revised alternate extinguishing drawings. 7 d. A fee of $100.00 shall be paid for the review of sprinkler system in occupancies where the sprinkler system requires changes due to alterations or a change of occupant. This includes 1 inspection. e. A fee of $35.00 shall be paid to witness the test if occupant does not keep inspection tag current. 7. Site Plan Review Fee: A site plan is defined as a document that describes how a parcel of land is to be improved. It includes the outlines of all structures and site improvements, such as driveways, parking lots, landscaping and utility connections. Any applicant shall pay to the District the following fees, in addition to the other fees set forth herein, for performing site plan review: a. A fee of $50.00 per hour with a minimum of 1 hour. Includes 1 re- review. b. A fee of 50% of the site plan review fee shall be paid for each additional set of revised site plan drawings.