Resolution 2010-12 STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
Resolution No. 2010- \ N
RESOLUTION IN OPPOSITION TO PROPOSED CHANGES IN THE KENCOM
INTERGOVERNMENTAL AGREEMENT
WHEREAS, pursuant to an Intergovernmental Agreement Creating Kendall County
Emergency Phone Service and Communication Board dated May 24, 2007, by and among the
County of Kendall (the "County "), City of Plano, the United City of Yorkville, the Village of
Oswego, the Village of Newark, Lisbon - Seward Fire Protection District, Newark Fire Protection
District, Little Rock -Fox Fire Protection District, Bristol Kendall Fire Protection District and
Oswego Fire Protection District, the County agreed to create and operate an Enhanced 9 -1 -1
Emergency Telephone System (the "9 -1 -1 System ") as provided by the Emergency Telephone
Systems Act (the "Act ") (50 ILCS 750/1 et seq.) for the benefit of all of the parties to the
aforesaid Intergovernmental Agreement known as the KENCOM 9 -1 -1 System and governed by
an Executive Board with a membership composed of representatives of the parties to the
Intergovernmental Agreement; and,
WHEREAS, as provided by the Act, pursuant to a referendum approved by a majority of
voters in the County, a surcharge was imposed (the "Surcharge ") on billed subscribers of
network connections provided by telecommunication carriers engaged in the business of
transmitting messages by means of electricity operating within the County to cover the costs to
be incurred to create and operate the KENCOM 9 -1 -1 System; and,
In addition to the Surcharge, by referendum duly approved by a majority of the voters of
the County, a countywide public safety sales tax of one -half of one percent (0.5 %) was also
imposed to further fund the KENCOM 9 -1 -1 System, resulting in the annual receipt by the
County of millions of dollars to cover the costs of the creation, maintenance, repair, upgrading
and operation of the 9 -1 -1 System; and,
WHEREAS, despite the substantial sources of revenue available to the County and
without regard to the provisions of the Intergovernmental Agreement and in violation of the
terms thereof, the County has proposed a limitation on its share of funding for the KENCOM 9-
1-1 System despite its continuing receipt of the Surcharge and the public safety sales tax for the
9 -1 -1 System.
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NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section L The United City of Yorkville opposes the proposal of the County to the
Executive Board of KenCom to limit the County's funding of the KenCom 9 -1 -1 System for the
following reasons:
(a) Substantial revenues, including the Surcharge and public safety sales taxes, have been
made available to fund all costs to be incurred by KenCom pursuant to referenda duly
approved by a majority of the voters of the County;
(b) Imposing a limitation on the County's share of the costs is in contravention of the
Intergovernmental Agreement and would result in a transfer of liability for such costs
to the municipalities and thereafter result in the imposition of additional taxes to
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cover such liability upon City residents who are already paying more than their fair
share pursuant to the Intergovernmental Agreement;
(c) That the proposed limitation of the costs to be funded by the County for the operation
of KenCom is contrary to the responsibility it pledged to the citizens of this County to
undertake in order to pass the referendum to approve both the Surcharge and public
safety sales tax.
Section H. The Mayor and City Council of the United City of Yorkville hereby call upon
the County Board and each member of the Executive Board of KenCom to abide by the terms
and conditions of the Intergovernmental Agreement and live up to the responsibilities it has
promised to provide a "9 -1 -1 System" for all emergency services to the residents of this County.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day of , A.D. 2010.
ROBYN SUTCLIFF GEORGE T. GILSON, JR.
ARDEN JOE PLOCHER DIANE TEELING
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS � WALLY WERDERICH
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day of , A.D. 2010. 1
Mayor
Attest: (�
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