Resolution 2010-34 Resolution No. 2010-
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE,
THE VILLAGE OF OSWEGO AND THE CITY OF PLANO
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 Between The United City of
Yorkville, the Village of Oswego and the Village of Plano, attached hereto and made a
part hereof by reference, is hereby approved, and Valerie Burd, Mayor, and Jackie
Milschewski, City Clerk, be and are hereby authorized to execute said agreement on
behalf of the United City of Yorkville.
Section 2. This Resolution shall be in full force and effect upon its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this—c3% day ofd , 2010.
CITY CL RK
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS � GEORGE GILSON JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this 30 day of DECEM864 , 2010.
V
MAYOR
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
UNITED CITY OF YORKVILLE, THE VILLAGE OF OSWEGO
AND THE CITY OF PLANO
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into
this 30 day of DEC. 2010, by and between the United City of Yorkville (hereinafter
"Yorkville"), and the Village of Oswego (hereinafter "Oswego") and the City of Plano
(hereinafter"Plano").
WHEREAS, Yorkville, Oswego and Plano 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, Yorkville, Oswego and Plano are members of the Kendall County
Emergency Phone Service and Communications Board ("Board") pursuant to the
INTERGOVERNMENTAL AGREEMENT CREATING KENDALL COUNTY
EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD
("Intergovernmental Agreement") dated May 24, 2007, creating a communications
system to dispatch and communicate police, fire and emergency medical service
functions ("KenCom"); and,
WHEREAS, the Board passed a motion in favor of amending the
Intergovernmental Agreement by capping the financial contribution of Kendall County to
the operation expenses of KenCom and providing for certain of the members of KenCom
to pay for costs in excess of the 911 telephone surcharge; and,
WHEREAS, the Intergovernmental Agreement provided that Kendall County
would, "provide the physical location for such system and to provide the costs of
operations necessary theretofore in excess of that provided by the telephone surcharge
imposed upon users within the County"; and,
WHEREAS, Yorkville, Oswego and Plano have vetoed the action of the
KenCom Executive Board which veto was overridden by a vote of the KenCom
Executive Board; and,
WHEREAS, Yorkville, Oswego and Plano have sent to the KenCom Executive
Board the attached letter outlining the reasons for their veto and position that the
proposed amendment to the Intergovernmental Agreement is unlawful, beyond the
authority of the KenCom Executive Board and violates the spirit and intent of the
Intergovernmental Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
Yorkville, Oswego and Plano agree as follows:
Section 1. The Recitals are incorporated herein by reference as though fully set
forth.
Section 2. Yorkville, Oswego and Plano agree to have the law firms of Kathleen
Field Orr and Associates and Gardiner Koch Weisberg & Wrona represent their interests
in this dispute with the KenCom Executive Board.
Section 3. That Yorkville, Oswego and Plano agree to pay their proportionate
share of the costs and expenses for such representation based on their respective
populations of Yorkville (16,838 for 32%), Oswego (29,012 for 56%) and Plano (6,328
for 12%).
Section 4. That Yorkville agrees to be the lead agency and pay the costs and
expenses and shall bill not less than monthly Oswego and Plano for their proportionate
share.
Section S. Representative from Yorkville, Oswego and Plano shall each receive
confidential updates on the progress of negotiations and/or litigation and be advised of all
meetings with attorneys representing the municipalities.
Section 6. That upon thirty (30) days notice to the other municipalities' chief
elected official a municipality may withdraw subject to paying their proportionate share
of costs and expenses through their date of withdrawal.
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:
Mayor
Attest:
Village of Oswego
By:
President
Attest:
Village Clerk
City of Plano
By:
Mayor
Attest:
City Clerk