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94-0603 Rockford Radio Frequency 'ILA- 6,0 • INTERGOVERNMENTAL COOPERATION AGREEMENT THIS AGREEMENT made this 3A4 day of .mac; ti• E , 1994, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as "Elgin"), and the City of Rockford, an Illinois municipal corporation, (hereinafter referred to as "Rockford"), WITNESSETH: Elgin and Rockford are units of local government as defined by Article VII, Section I of the Constitution of the State of Illinois: and WHEREAS, units of local government are enabled by Article VII, Section 10 of the State of Illinois to enter into agreements 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 or may use their credit, revenues and other resources to pay costs and to service debts related to intergovernmental activities."; and WHEREAS, Elgin and Rockford are permitted, pursuant to the provisions of Illinois Revised Statutes, Chapter 127, Paragraph 741 et seg., to enter into agreements to perform any intergovernmental service, activity, or understanding which either of them, entering into this agreement is authorized by law to perform, and to exercise jointly any powers, privileges, or authority which either of them is authorized to perform; and WHEREAS, Elgin is licensed by the FCC to use 956.35625 MHz (call sigh WNTJ 201) frequency; and WHEREAS, Rockford desires to use said frequency as part of a multiple address system for traffic signal communications; and WHEREAS, THIS Agreement is intended to meet the requirements of FCC regulation 94.63. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein the parties agree as follows: I. DUTIES OF ELGIN: 1. Elgin hereby agrees to allow Rockford to use the frequency 956.35625 MHz for its multiple address system for traffic signal communications. II. DUTIES OF ROCKFORD: 1. Rockford agrees to use frequency 956.35625 MHz only as part of a multiple address system for traffic signal communications using a two (2) watt transmitter with a aster station at the intersection of Alpine Road and Harrison Ave ue (42° 14' 18" latitude & 89° 01' 16" longitude.) 2. Rockford agrees to abide by all st=te & federal laws & regulations, including but not limited to all FCC regulations in the establishment, use & maintenance of said freque cy for its multiple address system for traffic signal communi =tions. III. TERM: The term of this Agreement shall be one (1)year from the date of execution, and shall automatically be renewed for a I ke term, except either party may terminate this Agreement upon thirty (30) oays of written notice to the other. In no event shall the term of this Agree ent be more than twenty (20) years. IV. NOTICE: All notices, invoices, or other communica ions shall be deemed sufficient of in writing and delivered or mailed first lass to the following person: ELGIN: Richard B. Helwig, City Manage City of Elgin 150 Dexter Court Elgin, Illinois 60120 ROCKFORD: Alan J. Werner, Director City of Rockford Department of Pu°lic Works 425 East State Street Rockford, Illinois 61104 IN WITNESS WHEREOF, the parties hereto hav executed this Agreement on the date first written above. CITY OF ROCKFOR', A Municipal Corporation ny: Bab Charles E. Box, ayor By: - `r Ronald . Schultz, Legal Director CITY OF ELGIN, A unicipal Corporation By: 4/ I3 . Richar. B. Helwig, City Amager Attest: By: 3119.-/--V--t 4. - Dolonna Mecum, City Clerk • • AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT THIS AMENDMENT to an agreement between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as "Elgin" ) , and the City of Rockford, an Illinois municipal corporation, (hereinafter referred to as "Rockford" ) is dated this of , 1994; The parties agree as follows : 1 . That the agreement terms remain in full force and effect, except the following provision is added: V. INTERFERENCE 1 . Rockford hereby agrees that in the event of any interference between Rockford' s use of said frequency and Elgin' s use thereof, Rockford agrees to take all steps necessary to correct the interference and to cease use if interference is not eliminated within a reasonable amount of time. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. CITY OF ROCK ORD, A Municipal Corpgrati• "IP - - .ries E. Box, Mayor Attest : 71?-0-04 4/• .5%-'<- Ronald N. Schultz, Legal Director CITY OF ELGIN, A Municipal Corporation By: 1 � . %.210(L_L, Attest : 94/41N-4,_ � C�,--