Administration Packet 2011 07-21-11 car o United City of Yorkville
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EST. 1836 Yorkville, Illinois 60560
Telephone: 630-553-4350
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AGENDA
ADMINISTRATION COMMITTEE MEETING
Thursday, July 21, 2011
6:00 p.m.
City Hall Conference Room
Citizen Comments:
Minutes for Correction/Approval: June 16, 2011
New Business:
1. ADM 2011-31 Monthly Budget Report for June 2011
2. ADM 2011-32 Monthly Treasurer's Report for June 2011
3. ADM 2011-33 Cash Statement for May 2011
4. ADM 2011-34 Home Rule—Discussion
5. ADM 2011-35 City Intern Discussion
6. ADM 2011-36 Library Impact Fee Ordinance
Old Business:
1. CC 2011-48 City Debt Obligations and Options - Refinancing
2. PW 2011-39 Residential Solid Waste Franchise Agreement
3. CC 2011-71 Ordinance Approving the Revision of the 2011-2012 Fiscal Budget
Additional Business:
UNITED CITY OF YORKVILLE
WORKSHEET
ADMINISTRATION COMMITTEE
Thursday, July 21, 2011
6:00 PM
City Hall Conference Room
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CITIZEN COMMENTS:
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MINUTES FOR CORRECTION/APPROVAL:
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l. June 16, 2011
❑ Approved
❑ As presented
❑ With corrections
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NEW BUSINESS:
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1. ADM 2011-31 Monthly Budget Report for June 2011
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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2. ADM 2011-32 Monthly Treasurer's Report for June 2011
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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3. ADM 2011-33 Cash Statement for May 2011
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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4. ADM 2011-34 Home Rule—Discussion
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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5. ADM 2011-35 City Intern Discussion
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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6. EDC 2011-36 Library Impact Fee Ordinance
❑ Moved forward to CC consent agenda`? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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OLD BUSINESS:
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1. CC 2011-48 City Debt Obligations and Options
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
2. PW 2011-39 Residential Solid Waste Franchise Agreement
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
3. CC 2011-71 Ordinance Approving the Revision of the 2011-2012 Fiscal Budget
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
c/Ty Reviewed By: Agenda Item Number
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Agenda Item Summary Memo
Title: Minutes of the Administration Committee—June 16, 2011
Meeting and Date: Administration Committee 7/21/11
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Committee Approval
Submitted by: Minute Taker
Name Department
Agenda Item Notes:
UNITED CITY OF YORKVILLE
ADMINISTRATION COMMITTEE
Thursday, June 16, 2011
City Hall Conference Room
COMMITTEE MEMBERS PRESENT:
Alderman Spears, Chair
Alderman Colosimo
Alderman Munns (arrived at 6:19pm)
Mayor Golinski(arrived at 6:35pm) ������
OTHER CITY OFFICIALS PRESENT lhlbl
City Administrator Bart Olson
Treasurer Bill Powell
Finance Director Rob Frederickson
CITIZENS: ,.
Tony Scott, The Record
As there was no quorum, discussion began at 6:07pm.
Citizen Comments: There were no citizen comments
Minutes for Correction/Approval: May 19, 2011
Chair Spears had several grammatical and structural corrections that will be forwarded to
staff for correction. The minutes will be presented at the next meeting for approval.
New Business:
1. ADM 2011 —26 General Fund Income Statement for May 2011
Finance Director Frederickson presented the item, which is a new report
designed to consolidate and highlight the monthly and year to date Revenues
and Expenses. Treasurer Powell noted, in particular, the temporary surplus of
revenue to expenses for the month of May. This is temporary, based upon the
receipt of taxes, and will not likely be repeated. Alderman Colosimo noted
that there were a few expense categories with 50%plus spending and clarified
that this was expected spending and would not be repeated monthly. The
Committee accepted the report.
1
2. ADM 2011 —27 Budget Report for May 2011
Finance Director Frederickson explained this report is an in depth compilation
of the previous Income Statement. As it was the beginning of the fiscal year,
there was nothing unusual to be noted. The Committee accepted the report.
3. ADM 2011 —28 Treasurer's Report for May 2011
Treasurer Powell noted that beginning and ending balances will be provided
once the audit has been completed. He reiterated that the surplus in revenues
is due to the manner in which real estate taxes are distributed. Director
Frederickson assured the Committee that the surplus will be placed into the
IMED account, yielding a higher interest rate. As there was not a quorum at
the time of the discussion, the report will have to be approved under
Additional Business.
4. ADM 2011 —29 Cash Statement for April 2011
Finance Director Frederickson reported that this report provides a picture of
cash balances by account and fund. Concern was expressed regarding the
Land Cash fund; however, Administrator Olson stated this fund is the least
concerning, as it will be reconciled, for example, with grant income. The
Committee accepted the report.
S. ADM 2011 —30 Prevailing Wage Ordinance
The City is required by state statue, during the month of June, to investigate
and ascertain the prevailing rate of wages as defined in 820 ILCS 130—
Prevailing Wage Act. To accomplish this, the City annually approves an
ordinance declaring compliance with the Illinois Prevailing Wage Act,the
purpose of which is to ensure wages for laborers, mechanics, and other
workers engaged in public works construction, under the jurisdiction of the
City, are the same as the prevailing rate of wages for construction work in the
Kendall County area. The rate of wages is determined by the Illinois
Department of Labor. After council approval of the Ordinance, a copy will be
publicly posted in the glass case in the lobby, a public notice will be placed
the in the newspaper, and certified copies will be filed with the Secretary of
State and the Illinois Department of Labor. The Committee recommended
this item be forward for Consent Agenda.
6. EDC 2011 —21 Dormant Zoning Applications/Petitions
Currently, the City does not have a policy explicitly allowing zoning
applications to be dismissed in cases where the applicant has been
unresponsive for an extended period of time. Since the downturn in the
2
housing market, there has been a backlog of developer petitions/applications
with little to no activity for more than a year. Most of these applications have
engineering and legal deposits associated with them. In total, there are
approximately 30 development applications and nearly$110,000.00 in
deposits. Staff has determined which applications, and their associated
deposits, that are eligible for refund. It is important to note that the deposits
are not associated with the City's general fund balance and the release of the
funds will have no budgetary impact. Upon releasing the stagnant application
deposits the City will have satisfied an audit obligation.
A proposed ordinance would allow the Community Development Director to
dismiss any zoning applications or petitions submitted, if:
1) The application is incomplete and the applicant has been notified of
such deficiencies and has not responded or provided a timeline for
completing the application within 90 days from the time of
notification;
2) The applicant has not responded in writing to a request for information
or documentation from the initial Plan Council review within six
months from the date of the request;
3) The applicant has not responded to a request for legal or engineering
deposit replenishment for City incurred costs and fees within ninety
days from the date of request.
Staff is proposing that the applicant be notified in writing by the Community
Development Department of the intent to dismiss the application within thirty
days from the date of the written notice and all remaining legal and
engineering deposits will be refunded at the time of dismissal. Should it be
the consensus of the Committee to have such a policy in place regarding
dormant zoning applications/petitions, staff will prepare draft ordinance
language to present to the EDC at the upcoming meeting for further review.
Administrator Olson affirmed that in the Management letter from the auditors,
the City had collected monies on projects that have not come to fruition. It
was recommended that a policy be instituted to deal with these situations.
Administrator Olson affirmed there would be no budgetary impact for
refunding these monies and would in fact, decrease the City's liability.
Alderman Colosimo questioned what would happen to the monies if the entity
that originally submitted for a project no longer existed. Administrator Olson
stated the monies would be held in an accountability account for a period of
time then submitted to the state as unclaimed property.
The Committee forwarded the item to the Consent Agenda.
3
7. CC 2011 —48 City Debt Obligations and Options
In the 2011 municipal elections, the citizens authorized the City's use of a I%
non-home rule sales tax. This sales tax must still be authorized by ordinance,
and will be implemented on January 1, 2012, if approved by City Council.
Because we do not currently have access to sales tax figures for individual
businesses, it is difficult to pinpoint exactly how much non-home rule sales
tax we expect to receive. However, a study of some other municipalities
shows our range could be anywhere from 50% to 70% of our current sales tax
figures. At a$2.4 million current sales tax figures, this means our non-home
rule sales tax is likely to generate between $1.12 million and $1.8 million per
year. For purposes of illustrating the impact of this new revenue on our
existing debt obligations, I have used a $1.5 million figure to show the
potential immediate reduction in property taxes as a result of the non-home
rule sales tax The calculations on property tax reductions are included.
Financial advisor, Kevin McCanna of Speer Financial, has studied the City's
debts and concluded that only the Rob Roy bonds (2005D and 2008) make
sense to consider refinancing. A justification is provided in the attached
memo. Additionally, there are four proposed debt service schedules for
potential refinancing bonds of different terms. The refinancing would
significantly reduce our yearly debt burden in the near term. The flexibility
provided by the non-home rule sales tax allows us to almost completely
eliminate the property taxes associated with debt payments for FY 13 and
beyond, which is a major upside to residents who have had trouble making
current property tax payments. The downside to this option is that the total
debt is stretched from about $11.3 million to between $16 million and $17
million due to new interest and bond issuance costs.
The issue to refinance is a policy decision for the City Council to make. The
flexibility provided by the non-home rule sales tax makes the reduction in
property taxes for FY 13 and beyond a reality. The question at hand is
whether we want the City property taxes to decrease between 10% and 25%
for the next few years (no refinancing) or if we want property taxes to
decrease between 20% and 35% for the next few years (with refinancing).
Finance Director Frederickson summarized for the Committee that the current
compressed schedule pays off in 4 years while spreading out the payments
would decrease the current payment. There is a present value savings for
refinancing versus paying it off. A rational financial argument could be made
that it would be better off to refinance versus paying it off.
Alderman Colosimo questioned what the quickest, most painless option for
the City would be, enabling us to pay the least amount of interest and get it off
of the tax bills. To get it off the property taxes, the best method would be to
refinance. But in order for the non-home rule sales tax to go away quickly,
4
then don't refinance and pay off the debt in four years. Administrator Olson
stated that the Council has to decide if it wants to endure a short-term intense
pain or long-term dull pain. Either option will be painful. It can be paid off in
four years and its done, or you can refinance, decrease the property taxes, and
thereby obligating the entire sales tax for eleven years.
(At 6:35pm, Mayor Golinski arrived at the meeting).
Alderman Munns asked if all of the money from the sales tax referendum is
used to pay the sewers would there be additional monies available for road
improvements. Administrator Olson stated if we do refinance there still
would not enough monies would be freed for improvements but for patching.
The Committee went on to discuss the possibility of dedicating a percentage
of the sales tax to road improvements in order to decrease the obligation on
the property taxes. The Committee agreed that any solution would need to
reduce the burden on the taxpayers while addressing issues such as road
improvements. Administrator Olson clarified that the Committee wanted staff
to provide information that would abate a portion of the obligation in order to
free money for road improvements. Administrator Olson stated, that if pushed,
his recommendation would be to not refinance this year, work on decreasing
property taxes in other ways, because completely earmarking the non-home
rule sales tax to paying off the bonds does not address, for example, road
improvements. He stated that he would provide the Committee with potential
abatement schedules and levels at the next meeting.
8. ADM 2011-31 Committee Liaisons
Chair Spears confirmed that the only liaison position needing a representative
from the Administrative Committee would be to the Library Board. Alderman
Colosimo volunteered to be the liaison from the Admin Committee. The
Committee unanimously agreed.
Old Business:
There was no Old Business. However, Finance Director stated a correction
to the General Income Statement should reflect $175,846 as the correct
amount for the May surplus.
Additional Business:
As there now was a quorum, the Committee agreed to forward the
Treasurer's report to the Councils Consent Agenda. Additionally, the
Committee agreed to the proposed amendments to the previous months
minutes presented by Chair Speer.
5
Alderman Munn raised the issue of outdated information on the website.
Administrator Olson stated that staff will be working to make the changes.
Additionally, Alderman Munn asked for staff contact regarding the Copley
asphalt work. Administrator Olson stated either Engineering or Public
Works.
Alderman Colosimo raised the issue of a holding a Town Hall type meeting
at River Fest to discuss the issues regarding the Bike Trail. Mayor Golinski
stated this could be held between 4:30pm and 5:30pm on June 24th, as a
means to meet your Alderman, create an opportunity for Council members to
listen to constituents while supporting a Chamber event. Mayor Golinski
requested that,prior to this Town Hall Meeting, Administrator Olson find out
where additional cost savings could be made in the Route 47 project.
Chair Speer clarified the date of the Sprinkle forum, which would include a
demonstration. Administrator Olson stated it would June 30th
There being no further business, the Committee adjourned at 7:29pm.
Minutes Respectfully Submitted by:'„ �
Kristia Leyendecker, Minute Taker
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Agenda Item Summary Memo
Title: Budget Report for June 2011
Meeting and Date: Administration Committee 7/21/11
Synopsis: June budget report and income statement.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested: Discussion
Submitted by: Rob Fredrickson Finance
Name Department
Agenda Item Notes:
UNITED CITY OF YORKVILLE
BUDGET REPORT
FOR THE PERIOD ENDING JUNE 30,2011
ow ACTUAL EXPENSES BY MONTH(Cash Basis)
Year-LO-Date NNU L
ACCOUNT NUMBER DESCRIPTION May-11 June-11 July-11 August-11 September-11 October-11 November-11 December-11 January-12 February-12 March-12 April-12 Totals BUDGET %of Budget
GENERAL FUND REVENUES
01-000-40-00-400C PROPERTY TAXES-CORPORATE LEVY 366,362 754,059 1,120,421 2,290,964 48.91%
01-000-40-00-401C PROPERTY TAXES-POLICE PENSION 57,847 119,062 176,909 375,000 47.18%
01-000-40-00-4012 PROPERTY TAXES-FOX INDUSTRIAL 0.00%
01-000-40-00-403C MUNICIPAL SALES TAX 169,093 210,574 379,666 2,550,000 14.89%
01-000-40-00-404C ELECTRIC UTILITY TAX 136,433 136,433 591,600 23.06%
01-000-40-00 4041 NATURAL GAS UTILITY TAX 102,673 102,673 290,700 35.32%
01-000-40-00-4043 TELEPHONE UTILITY TAX 42,899 40,525 83,425 535,500 15.58%
01-000-40-00-4045 CABLE FRANCHISE FEES 56,358 56,358 204,000 27.63%
01-000-40-00-405C HOTELTAX 2,934 4,014 6,948 30,600 22.71%
01-000-40-00-406C AMUSEMENTTAX 181 252 433 134,000 0.32%
01-000-40-00-4065 ADMISSIONSTAX 190,000 0.00%
01-000-40-00-407C BUSINESS DISTRICT TAX 18,453 25,565 44,018 300,000 14.67%
01-000-40-00-4075 AUTO RENTAL TAX 687 909 1,596 7,140 22.36%
01-000-40-00-408C PARA-MUTUELTAX 2,733 3,793 6,526 15,000 43.50%
01-000-41-00-4100 STATE INCOME TAX 142,890 142,890 1,340,000 10.66%
01-000-41-00-4105 LOCAL USE TAX 19,635 21,844 41,479 210,000 19.75%
01-000-41-00-411C ROAD&BRIDGE TAX 28,104 54,363 82,467 164,296 50.19%
01-000-41-00-412C PERSONAL PROPERTY REPL TAX 2,278 2,278 13,000 17.52%
01-000-41-00-4160 FEDERAL GRANTS 176 176 9,200 1.91%
01-000-41-00417C STATE GRANTS 3,876 3,876 0.00%
01-000-41-00-4182 MISC INTERGOVERNMENTAL 2,000 0.00%
01-00042-00-420C LIQUOR LICENSE 1,010 938 1,948 40,000 4.87%
01-00042-00-4205 OTHER LICENSES 623 194 817 3,000 27.23%
01-000-42-00-421C BUILDING PERMITS 21,392 9,423 30,816 122,400 25.18%
01-000-42-00-422C FILING FEES 250 0.00%
01-000-43-00-431C TRAFFIC FINES 14,457 6,470 20,926 95,000 22.03%
01-000-43-00-4320 ADMINISTRATIVE ADJUDICATION 1,816 1,791 3,607 30,000 12.02%
01-000-43-00-4325 POLICE TOWS 8,000 7,500 15,500 90,000 17.22%
01-000-44-00-440C GARBAGESURCHARGE 124 203,755 203,879 11175,000 17.35%
01-000-44-00-4405 COLLECTION FEE-YBSD 123,932 0.00%
01-000-44-00-4412 SERVICE CHARGE-LIBRARY 0.00%
01-000-44-00-4414 OTHER SERVICES 0.00%
01-000-44-00-4417 REIMB.-MISCELLANEOUS 0.00%
01-000-44-00-4474 POLICE SPECIAL DETAIL 350 350 5,000 7.005.
01-000-45-00-4500 INVESTMENT EARNINGS 3 89 1 1 1 92 2,000 4.60%
01-000-46-004601 REIMB-LEGAL EXPENSES 6,032 1,043 7,075 12,000 58.96%
01-000-46-00-465C REIMB-TRAFFIC SIGNAL 15,000 0.00%
01-000 46-00-4668 REIMB-COBRA CONTRIBUTIONS 2,362 2,362 20,000 11.81%
01-00046-00-4669 REIMB-RETIREE CONTRIBUTIONS 954 954 50,000 1.91%
01-000-46-00-467C REIMB-EMP INS CONTRIBUTIONS 8,166 8,023 16,189 190,000 8.52%
01-000-46-00-4671 REIMB-LIFE INSURANCE 325 320 645 4,800 13.45%
01-000-46-00-4672 REIMB-LIBRARY INSURANCE 7,657 7,227 14,884 0.00%
01-000-46-00-4680 REIMB-LIABILITY INSURANCE 706 706 5,000 14.1256
01-000-46-00-4681 REIMB-WORKERS COMP 18,853 18,853 0.00%
01-000-46-00-4685 REIMB-CABLE CONSORTIUM 19,505 19,M5 40,000 48.76%
01-000-46-00-469C REIMB-MISCELLANEOUS 311 513 824 4,000 20.60%
01-000-48-00-4820 RENTAL INCOME 1,100 545 1,645 9,000 18.28%
01-000-48-00-4821 BAD DEBT RECOVERY 0.00%
01-000-48-00-4845 DONANTIONS SO SO 2,000 2.50%
01-000-48-00-485C MISCELLANEOUS INCOME 105 191 296 5,000 5.915.
01-000-49-00-4951 TRANSFER FROM WATER 7,655 7,655 15,311 91,863 16.67%
OS-000-49-00-4952 TRANSFER FROM SEWER 6,920 6,920 13,841 83,045 16.67%
O1-000-49-00-4972 TRANSFER FROM LAND CASH 1,674 1,674 3,347 20,084 16.67%
TOTAL REVENUES:GENERAL FUND 897,3961 1,885,599 2,782,995 1 11,491,374 24.225i
ADMINISTRATION EXPENDITURES
01-110-50-00-5001 SALARIES-MAYOR 860 925 1,785 11,000 16.23%
01-110-50-00-5002 SALARIES-LIQUOR COMM 83 83 167 1,000 16.67%
01-110-50-00-5003 SALARIES-CITY CLERK 777 742 1,518 91000 16.87%
01-110-50-00-5004 SALARIES-CITY TREASURER 500 500 1,000 6,500 15.38%
01-110-50-00-5005 SALARIES-ALDERMAN 4,175 4,200 8,375 50,320 16.64%
01-110-50-00-5010 SALARIES-ADMINISTRATION 14,330 14,537 28,867 195,000 14.80%
01-110-50-00-502C OVERTIME 575 0.00%
01-110-52-00-5212 RETIREMENT PLAN CONTRIBUITION 1,735 1,843 3,578 25,000 14.31%
01-110-52-00-5214 FICA CONTRIBUTION 1,434 1,446 2,880 20,106 14.32%
01-110-54-00-541C TUITION REIMBURSEMENT 0.00%
01-110-54-00-5412 TRAINING&CONFERENCES 339 339 3,000 11.30%
01-110-54-00-5415 TRAVEL&LODGING 0.00%
01-110-54-00-5423 PUBLIC RELATIONS 150 0.00%
01-110-54-00-5426 PUBLISHING&ADVERTISING 6 6 2,000 0.28%
01-110-54-00-543C PRINTING&DUPLICATION 292 292 6,750 4.33%
01-110-54-00-544C TELECOMMUNICATIONS 596 596 21,200 2.81%
01-110-54-00-5451 CODIFICATION 8,000 0.00%
01-110-54-00-5452 POSTAGE&SHIPPING 142 142 14,000 1.02%
01-110-54-00-5462 PROFESSIONAL SERVICES 2,210 2,210 11,000 20.09%
01-110-54-00-5473 KENDALL COUNTY PARATRANSIT 30,000 0.00%
01-110-54-00-5474 SENIOR SERVICE FUNDING 0.00%
01-110-54-00-5477 BUILDING INSPECTIONS 0.00%
01-110-54-00-548C UTILITIES 764 764 28,000 2.73%
01-110-54-00-5485 RENTAL&LEASE PURCHASE 143 143 286 0.00%
OS-110-54-00-5487 SPONSORSHIPS 0.00%
01-110-54-00-5488 OFFICE CLEANING 14,400 0.00%
01-110-54-00-549C DUES&SUBSCRIPTIONS 1,3841 6,174 7,558 16,600 45.5356
ACTUAL EXPENSES BY MONTH(Cash Basis)
Year-to- ate ANNUAL
ACCOUNT NUMBER DESCRIPTION 4ay-11 June-11 July-11 August-11 September-11 October-11 November-11 December-11 January 12 February-12 March-12 April-12 Totals BUDGET %of Budget
O1-110-56-00-5600 WEARING APPAREL 0.00%
O1-110-56-00-561C OFFICE SUPPUES 70 2,295 2,365 15,000 15.77%
01-110-56-00-563C SMALLTOOLS&EQUIPMENT 0.00%
O1-110-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 850 0.00%
01-110-56-00-5640 REPAIR&MAINTENANCE 100 0.00%
TOTAL EXPENDITURES:ADMINISTRATION 25,492 37,236 62,728 489,551 12.81%
FINANCE EXPENDITURES
01-120-50-00-501C SALARIES&WAGES 12,812 13,604 26,417 175,000 15.10%
01-120-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,233 1,308 2,541 17,500 14.52%
O1-120-52-00-5214 FICA CONTRIBUTION 967 1,028 1,995 13,005 15.34%
01-120-52-00-5216 GROUP HEALTH INSURANCE 150 (150) 0.00%
01-120-54-00-5412 TRAINING&CONFERENCES 2,000 0.00%
O1-120-54-00-5414 AUDITING SERVICES 45,000 0.00%
01-120-54-00-5415 TRAVEL&LODGING 1,000 0.00%
O1-120-54-00-543C PRINTING&DUPLICATING 500 0.00%
01-120-54-00-544C TELECOMMUNICATIONS 45 45 600 7.50%
O1-120-54-00-5452 POSTAGE&SHIPPING 500 0.00%
O1-120-54-00-546C DUES&SUBSCRIPTIONS 8. - 80 850 9.41%
O1-120-54-00-5462 PROFESSIONALSERVICES 1,858 1,945 3,803 42,000 9.05%
01-120-54-00-5485 RENTAL&LEASE PURCHASE 143 1,892 2,035 15,000 13.57%
O1-120-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 1,800 0.00%
01-120-56-00-5610 OFFICE SUPPLIES 343 343 2,500 13.71%
O1-120-56-00-563C SMALL TOOLS&EQUIPMENT 250 0.00%
01-120-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 2,500 0.00%
O1-120-56-00-564C REPAIR&MAINTENANCE 500 0.00%
TOTAL EXPENDITURES:FINANCE 1 17,243 1 20,015 37,258 320,505 11.62%
COMMUNITY RELATIONS EXPENDITURES
O1-130-50-00-5010 ISALARIES&WAGES 3,750 3,750 0.00%
01-130-50-00-5016 PART-TIME SALARIES 32,500 0.00%
O1-130-52-00-5212 RETIREMENT PLAN CONTRIBUTION 0.00%
01-130-52-00-5214 FICA CONTRIBUTION 2,500 0.00%
O1-130-54-00-5423 PUBLIC RELATIONS 287 287 1,750 16.39%
01-130-54-00-5426 PUBLISHING&ADVERTISING 333 333 7,500 4.44%
O1-130-54-00-5430 PRINTING&DUPLICATING 200 0.00%
01-130-54-00-5452 POSTAGE&SHIPPING 2,200 0.00%
O1-130-54-00-546C DUES&SUBSCRIPTIONS 100 0.00%
OS-130-54-00-5462 PROFESSIONALSERVICES 4,800 0.00%
OS-130-56-00-5610 OFFICE SUPPLIES 400 0.00%
01-130-56-00-5692 COMMUNITY EVENTS 3,000 0.00%
TOTAL EXPENDITURES:COMMUNITY RELATIONS 4,037 333 4,370 54,950 7.95%
ENGINEERING EXPENDITURES
01-150-50-00-501C SALARIES&WAGES 12,929 55,188 68,117 172,000 39.60%
01-150-50-00-502C OVERTIME 500 0.00%
01-150-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,230 5,248 6,478 16,500 39.26%
O1-150-52-00-5214 FICA CONTRIBUTION 960 4,193 5,153 13,236 38.93%
01-150-54-00-5412 TRAINING&CONFERENCES 2,250 0.00%
O1-150-54-00-5415 TRAVEL&LODGING 400 0.00%
01-150-54-00-543C PRINTING&DUPLICATING 38 38 1,50C 2.54%
O1-150-54-00-544C TELECOMMUNICATIONS 104 104 2,200 4.72%
O1-150-54-00-5452 POSTAGE&SHIPPING - 500 0.00%
O1-150-54-00-546C DUES&SUBSCRIPTIONS 1,200 0.00%
01-150-54-00-5462 PROFESSIONAL SERVICES 508 508 32,550 1.56%
O1-150-54-00-5485 RENTAL&LEASE PURCHASE 137 137 273 0.00%
O1-150-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 27 27 1,500 1.81%
01-150-56-00-560C WEARING APPAREL 100 0.00%
O1-150-56-00-561C OFFICE SUPPLIES 7 7 1,000 0.70%
01-150-56-00-5622 ENGINEERING SUPPLIES 1,500 0.00%
01-150-56-00-563C SMALLTOOLS&EQUIPMENT 500 0.00%
O1-150-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 4,S SC 0.00%
01-150-56-00-5640 REPAIR&MAINTENANCE 1,000 0.00%
O1-150-56-00-5645 IBOOKS&PUBLICATIONS 150
TOTAL EXPENDITURES:ENGINEERING 15,255 65,450 80,704 253,136 31.88%
POLICE EXPENDITURES
O1-210-50-00-5010 ISALARIES-POLICE OFFICERS 87,672 95,900 183,572 1,250,000 14.69%
01-210-50-00-5012 SALARIES-LIEUT/SERGEANTS/CHIE 44,835 49,174 94,010 610,000 15.41%
O1-210-50-00-5013 SALARIES-POLICE CLERKS 11,204 15,227 26,431 120,000 22.03%
01-210-50-00-5014 SALARIES-CROSSING GUARD 1,110 583 1,693 20,000 8.456
01-210-50-00-5015 PART-TIME SALARIES 6,068 3,090 9,158 39,000 23.48%
01-210-50-00-5017 CADETPROGRAM 875 1,375 2,250 13,500 16.67%
01-210-50-00-502C OVERTIME 6,970 6,898 13,868 75,000 18.49%
O1-210-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,075 1,417 2,492 15,900 15.67%
01-210-52-00-5213 EMPLOYER CONTRI-POL PEN 57,847 119,062 176,909 375,000 47.18%
01-210-52-00-5214 FICA CONTRIBUTION 11,692 12,762 24,454 170,000 14.38%
O1-210-52-00-5216 GROUP HEALTH INSURANCE 250 (250) 0.00%
01-210-54-00-5410 TUITION REIMBURSEMENT 2,800 0.00%
O1-210-54-00-5411 POLICE COMMISSION 563 563 15,000 3.757
01-210-54-00-5412 TRAINING&CONFERENCES 50 920 970 12,000 8.08%
O1-210-54-00-5415 TRAVEL&LODGING 183 1,264 1,448 10,000 MAN
01-210-54-00-5426 PUBLISHING&ADVERTISING 200 0.00%
01-210-54-00-5430 PRINTING&DUPLICATING 87 87 4,500 1.94%
O1-210-54-00-544C TELECOMMUNICATIONS 1,757 1,757 36,500
O1-210-54-00-5452 POSTAGE&SHIPPING 11 81 92 3,000
01-210-54-00-5457 PSYCHOLOGICALTESTING 0.00%
O1-210-54-00-546C DUE S&SUBSCRIPTIONS 90 40 130 1,350
O1-210-54-00-5462 PROFESSIONAL SERVICES 55 35 90 4,000 2.25%
ACTUAL EXPENSES BY MONTH(Cash Basis)
Year-to- ate
ACCOUNT NUMBER DESCRIPTION AN May-11 June-11 July-11 August-11 September-11 October-11 November-11 December-11 January 12 February-12 March-12 April-12 Totals BUDGET %of Budget
01-210-54-00-546E LEGAL SERVICES 10,000 0.00%
O1-210-54-00-5467 ADMIN ADJ-HEARING OFFICER 325 1,400 1,725 15,000 11.50%
01-210-54-00-5469 NEW WORLD LIVE SCAN 15,000 0.00%
01-210-54-00-5472 KENDALL CO.JUVE PROBATION 3,000 0.00%
01-210-54-00-5484 MTD-ALERTS FEE 3,330 3,330 6,660 50.00%
O1-210-54-00-5485 RENTAL&LEASE PURCHASE 277 277 0.00%
01-210-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 1,125 2,537 3,663 51,000 7.185Z
01-210-56-00-560C WEARING APPAREL 375 375 10,000 3.75%
O1-210-56-00-561C OFFICE SUPPLIES 91 91 4,000 2.28%
01-210-56-00-562C OPERATING SUPPLIES 13 837 849 8,000 10.62%
O1-210-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 7,000 0.00%
01-210-56-00-564C REPAIR&MAINTENANCE 1,554 1,554 12,250 12.69%
01-210-56-00-5669 GREAT PROGRAM 3,000 0.00%
O1-210-56-00-567C COMMUNITY RELATIONS 500 0.00%
01-210-56-00-5673 NEIGHBORHOOD WATCH 1,531 0.00%
O1-210-56-00-5674 CITIZENS POLICE ACADEMY 1,839 0.00%
01-210-56-00-5678 COMPLICE AN CHECKS 500 0.00%
01-210-56-00-5690 SUPPLIES-G RANT REIMBURSABLE 69 69 4,200 1.65%
01-210-56-00-5695 IGASOUNE 7,814 7,814 85,000 9.19%
01-210-56-00-569E AMMUNITION 2,000 0.00%
TOTAL EXPENDITURES:POLICE 235,995 323,725 559,720 3,018,230 18.54%
COMMUNITY DEVELOPMENT EXPENDITURES
01-220-50-00-5010 ISALARIES&WAGES 17,750 26,622 44,372 240,000 18.49%
O1-220-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,688 2,532 4,220 27,275 15.47%
01-220-52-00-5214 FICA CONTRIBUTION 1,279 1,958 3,236 17,260 18.75%
O1-220-54-00-5412 TRAINING&CONFERENCES 1,200 0.00%
01-220-54-00-5415 TRAVEL&LODGING 700 0.00%
01-220-54-00-5426 PUBLISHING&ADVERTISING 150 0.00%
O1-220-54-00-543C PRINTING&DUPLICATING 38 38 1,500 2.54%
01-220-54-00-5440 TELECOMMUNICATIONS 109 109 1,500 7.28%
O1-220-54-00-5452 POSTAGE&SHIPPING 500 0.009/.
01-220-54-00-5459 IINSPECTIONS 680 1 1 1 1 680 20,000 1 3.40%
O1-220-54-00-5460 DUES&SUBSCRIPTIONS 422 422 1,500 28.13%
01-220-54-00-5462 PROFESSIONAL SERVICES 6,000 0.00%
01-220-54-00-5466 LEGAL SERVICES 101 101 6,400 1.58%
01-220-54-00-5485 RENTAL&LEASE PURCHASE 137 137 273 0.00%
O1-220-54-00-5486 ECONOMIC DEVELOPMENT 45,000 0.005.
01-220-56-00-5616 OFFICE SUPPLIES 16 16 500 3.17%
01-220-56-00-562C OPERATING SUPPLIES 3,000 0.00%
O1-220-56-00-563C SMALL TOOLS&EQUIPMENT 125 0.00%
01-220-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 2,500 0.00%
O1-220-56-00-5645 BOOKS&PUBLICATIONS 500 0.00%
01-220-56-00-5690 SUPPLIES-GRANT REIMBURSABLE 0.00%
TOTAL EXPENDITURES:COMMUNITY DEVELOPMENT 20,854 1 32,614 1 53,467 1 375,610 14.23%
PUBLIC WORKS-STREET OPERATIONS EXPENDITURES
O1-410-50-00-5010 ISALA RIES&WAGES 18,990 19,377 38,366 270,000 14.21%
01-410-50-00-502C OVERTIME 15,000 0.00%
O1-410-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,806 1,843 3,649 30,000 12.16%
01-410-52-00-5214 FICA CONTRIBUTION 1,408 1,438 2,846 23,500 12.11%
O1-410-54-00-5412 TRAINING&CONFERENCES 2,000 0.00%
01-410-54-00-544C TELECOMMUNICATIONS 198 198 4,020 4.92%
O1-410-54-00-5455 MOSQUITO CONTROL 6,500 6,500 7,000 92.86%
01-410-54-00-5458 TREE&STUMP REMOVAL 400 400 10,000 4.00%
O1-410-54-00-5462 PROFESSIONAL SERVICES 84 84 1,000 8.42%
01-410-54-00-548C UTILITIES 5,199 5,199 80,000 6.50%
01-410-54-00-5485 RENTAL&LEASE PURCHASE 33 540 573 1,000 57.29%
O1-410-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 275 275 30,000 0.92%
O1-410-56-00-560C WEARING APPAREL 93 144 236 5,000 4.72%
01-410-56-00-5620 OPERATING SUPPLIES 34 1,632 1,666 9,500 17.54%
O1-410-56-00-5626 HANGING BASKETS 1,832 1,832 2,000 91.60%
01-410-56-00-5630 SMALL TOOLS&EQUIPMENT 64 (64) 1,750 0.00%
O1-410-56-00-564C REPAIR&MAINTENANCE 2,780 2,780 36,500 7.62%
01-410-56-00-5656 PROPERTY&BUILDING MAINT 66 1,238 1,304 30,000 4.35%
01-410-56-00-5695 GASOLINE 2,886 2,886 33,600 8.59%
O1-410-60-00-6046 IN-TOWN ROAD PROGRAM 0.00%
O1-410-60-00-6041 ISIDEWALK CONSTRUCTION 4,000 0.00%
TOTAL EXP:PUBLIC WORKS-STREET OPERATIONS 22,494 46,299 68,793 1 595,870 11.55%
ACTUAL EXPENSES BY MONTH(Cash Basis)
ar-to- ate ANNUAL
ACCOUNT NUMBER DESCRIPTION May-11 June-11 July-11 Augus1-11 Septerol, -11 October-11 November-11 December-11 January.12 February-12 March-12 April-l2 .Totals BUDGET %of Budget
PW-HEALTH&SANITATION EXPENDITURES
O1-540-54-00-5442 GARBAGE SERVICES 100,361 100,361 1,195,000 8.40%
O1-540-54-00-5443 LEAF PICKUP 6,000 0.00%
TOTAL EXPENDITURES:PW HEALTH&SANITATION 100,361 100,361 1,201,000 8.36%
ADMINISTRATIVE SERVICES EXPENDITURES
01-640-50-00-5092 POLICE SPECIAL DETAIL WAGES 350 350 5,000 7.00%
01-640-52-00-5216 GROUP HEALTH INSURANCE 202,272 113,463 315,735 1,204,000 26.22%
01-640-52-00-5222 GROUP LIFE INSURANCE 1,275 1,237 2,512 26,000 9.66%
01-640-52-00-5223 DENTAL&VISION INSURANCE 15,474 9,695 25,169 114,000 22.08%
01-640-52-00-5224 EMPLOYEE ASSISTANCE 150 0.00%
01-640-52-00-5230 UNEMPLOYMENT INSURANCE 12,508 12,508 60,000 20.85%
01-640-52-00-5231 LIABILITY INSURANCE 49,629 53,504 103,133 339,200 30.40%
01-640-54-00-5456 CORPORTATE COUNSEL 11,046 11,046 130,000 8.50%
01-640-54-00-5461 LITIGATION COUNSEL 65 65 60,000 0.11%
01-640-54-00-5462 PROFESSIONAL SERVICES 450 5,843 6,293 50,000 12.59%
01-640-54-00-5463 SPECIAL COUNSEL 135 135 25,000 0.54%
01-640-54-00-5475 CABLE CONSORTIUM FEE 85,000 0.00%
O1-640-54-00-5479 COMMUNITY RELATIONS NDIV/0!
01-640-54-00-5481 MARKETING-HOTEL TAX 27,540 0.00%
01-640-54-00-5491 CITY PROPERTY TAX REBATE 1,050 0.00%
O1-640-54-00-5492 SALES TAX REBATE 900,000 0.00%
01-640-54-00-5493 BUSINESS DISTRICT REBATE 18,453 25,565 44,018 300,000 14.67%
01-640-54-00-5494 ADMISSIONS TAX REBATE 114,000 0.00%
01-640-54-00-5499 BAD DEBT 1,250 0.00%
01-640-56-00-5625 REIMBURSEABLE REPAIRS 5,000 0.00%
01-640-70-00-7799 CONTINGENCIES 10,000 0.00%
01-640-99-00-9923 ITRANSFER TO CITY WIDE CAPITAL 10,417 10,417 20,833 125,000 16.67%
01-640-99-00-9942 ITRANSFER TO DEBT SERVICE 8,645 8,645 17,290 103,740 16.67%
01-640-99-00-9979 TRANSFER TO PARK&RECREATION 61,059 61,059 122,118 732,710 16.67%
TOTAL EXPENDITURES:ADMINISTRATIVE SERVICES 380,181 301,023 681,204 4,418,640 15.42%
TO TALFUNDREVENUES 897,396 1,885,599 2,782,995 11,491,374 24.22%
TOTAL FUND EXPENDITURES 721,550 927,055 1,648,60fi 10,727,492 15.37%
FUND SURPLUS(DEFICIT) 175,846 958,544 1,134,389 763,882
FOX HILL SSA REVENUES
11-000-40-00-4011 PROPERTY TAXES-FOX HILL SSA 599 1,272 1,871 3,786 49.43%
11-000-4Q10-4500 INVESTMENT EARNINGS 0 0 0.00%
TOTAL REVENUES:FO%HILL SSA 599 1,273 1,871 3,78fi 49.43%
FO%HILL SSA EXPENDITURES
11-111-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 614 614 3,804 16.13%
TOTAL FUND REVENUES 599 1,273 1,871 3,78fi 49.43%
TOTAL FUND EXPENDITURES 614 614 3,804 16.13%
FUND SURPLUS(DEFICIT) 5991 659 1 1,258 1 (IS)
SUNFLOWER SSA REVENUES
12-000-40-00-4012 PROPERTY TAXES-SUNFLOWER SSA 1,362 2,284 3,645 7,530 48.41%
12-000-45-00-4500 INVESTMENT EARNINGS 0 0 0.00%
TOTAL REVENUES:SUNFLOWER SSA 1,362 2,284 3,645 7,530 48.41%
SUNFLOWER SSA EXPENDITURES
12-112-54-00-5495 JOUTSIDE REPAIR&MAINTENANCE 1,309 1 m 1,3091 9,078 1 14.42%
TOTAL FUND REVENUES m 1,362 2,284 m 3,645 7,530 48.41%
TOTALFUNDEXPENDITURES 1,309 1,309 9,078 14.42%
FUND SURPLUS(DEFICIT) 1,362 975 2,336 1 (1,548)
MOTOR FUEL TAX REVENUES
15-000-41-00-4112 IMOTOR FUEL TAX 34,752 34,093 68,846 355,000 19.39%
15-000-41-00-4113 MFT HIGH GROWTH 20,000 0.00%
15-000-41-00-4172 ILLINOSIOBS NOW PROCEEDS 142,000 0.00%
15-000-45-00-450C INVESTMENT EARNINGS 29 28 57 1,000 5.73%
15-000-46-00-4605 REIMB-OLD IAIL/DWTWN PARKING 493,000 0.00%
15-000-46-00-469C REIMS-MISCELLANEOUS CDR
15-000-48-00-485C MISCELLANEOUS INCOME 0.00%
TOTAL REVENUES:MOTOR FUEL TAX 34,781 34,122 68,903 1,011,000 6.82%
MOTOR FUEL TAX EXPENDITURES
15-155-54-00-5495 JOUTSIDE REPAIR&MAINTENANCE 30,929 30,929 0.00%
15-155-56-00-5618 SALT 220,000 0.00%
15-155-56-00-5619 SIGNS 18,000 0.00%
15-155-56-00-5632 PATCHING 50,000 0.00%
15-155-56-00-5633 COLD PATCH 10,600 0.00%
15-155-56-00-5634 HOT PATCH 1,728 1,728 13,000 13.29%
15-155-56-00-5640 REPAIR&MAINTENANCE 0.00%
15-155-60-00-6072 DOWNTOWN PARKING LOT 15,772 15,772 55,000 28.68%
15-155-60-00-6073 GAME FARM ROAD PROJECT 28,200 28,200 150,0 18.80%
15-155-60-00-6074 FOX ROAD PROJECT 00
0.00%
ACTUAL EXPENSES BY MONTH(Cash Basis)
ar-to- ate ANNUAL
ACCOUNT NUMBER DESCRIPTION May-11 June-11 July-11 August-11 September-11 October-11 November-11 December-11 January-12 February-12 March-12 April-11 e Totals BUDGET %of Budget
15-155-60-00-6075 RIVER ROAD BRIDGE PROJECT 25,000
15-155-60-00-6079 ROUTE 47 EXPANSION 119,400
TOTAL FUND REVENUES 34,781 34,322 68,903 1,011,000 6.82%
TOTALFUNDEXPENDITURES 28,200 48,429 76,629 661,000 11.59%
FUND SURPLUS(DEFICIT) 6,581 (14,307) (7,726) 350,000
MUNICIPAL BUILDING REVENUES
16-000-42-00-4214 1 EVELOPMENTFE1, 1,050 300 1,350 5,250 25.71%
16-000-45-00-4501 INVESTMENT EARNINGS 0.00%
TOTAL REVENUES:MUNICIPAL BUILDING 1,050 300 1,350 5,250 25.71%
TOTAL FUND REVENUES 1,050 300 1,350 5,250 25.71%
TOTAL FUND EXPENDITURES
FUND SURPLUS(DEFICIT) m 1,0501 300 1 m 1,3501 5,250
POLICE CAPITAL REVENUES
20-000-42-00-4214 IDEVELOPMENT FEES 1,800 300 2,100 10,500 20.00%
20-000-42-00-4217 WEATHER WARNING SIREN FEES 6,000 0.00%
20-000-43-00-4315 DUI FINES 1,127 323 1,450 0.005.
20-000-43-00-434C IMPOUND FEES 184 184 5,000 3.68%
20-000-45-00-450C INVESTMENT EARNINGS 0.00%
20-000-48-00-4845 DONANTIONS 0.00%
20-00048-00-485C MISCELLANEOUS INCOME 0.00%
20-000-48-00-488C SALE OF FIXED ASSETS 1,200 1,200 0.00%
TOTAL REVENUES:POLICE CAPITAL 4,127 807 4,934 21,500 22.95%
POLICE CAPITAL EXPENDITURES
20-200-54-00-5462 PROFESSIONAL SERVICES 95 95 1,500 6.33%
20-200-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 10,000 0.00%
20-200-56-00-562C OPERATING SUPPLIES 2,500 0.00%
20-200-56-00-5621 SMALL TOOLS&EQUIPMENT 0.00%
20-200-60-00-606C EQUIPMENT 20,000 0.00%
20-200-60-00-607C VEHICLES 20,000 0.00%
TOTAL FUND REVENUES 4,127 807 4,934 21,500 22.95%
TOTAL FUND EXPENDITURES 9S 95 54,000 0.18%
FUND SURPLUS(DEFICIT) 4,032 807 4,839 (32,500)
PUBLIC WORKS CAPITAL REVENUES
21-000-42-00-4214 IDEVEL OPMENTFEES 4,400 900 5,300 24,500 21.63%
21-000-44-00-4418 MOWING INCOME 419 3,430 3,849 7,900 48.73%
21-000-45-00-450C INVESTMENT EARNINGS - - - 0.00%
21-000-48-00-485C MISCELLANEOUS INCOME 0.00%
21-000-48-00-488C SALE OF FIXED ASSETS 0.00%
21-000-49-00-4922 TSFR FROM PARK&REC CAPITAL 292 292 583 3,500 16.67%
TOTAL REVENUES:PUBLIC WORKS CAPITAL REVENUES 5,111 4,621 9,733 35,900 27.11%
PUBLIC WORKS CAPITAL EXPENDITURES
21-211-54-00-5462 PROFESSIONAL SERVICES 980 980 1,800 54.44%
21-211-54-00-5485 RENTAL&LEASE PURCHASE 4,500 0.005.
21-211-56-00-562C OPERATING SUPPLIES 2,000 0.00%
21-211-60-00-602C BUILDINGS&STRUCTURES 0.00%
21-211-60-00-606C EQUIPMENT 2,000 0.00%
21-211-60-00-607C VEHICLES 0.00%
21-211-92-00-800C PRINCIPLE PAYMENT-PW BUILDING 4,587 2,312 6,899 28,254 24.42%
21-211-92-00-805C INTEREST PAYMENT-PW BUILDING 9,129 4,546 13,615 54,041 2530%
TOTAL FUND REVENUES 5,111 4,621 9,733 35,900 27.11%
TOTAL FUND EXPENDITURES 13,716 7,838 21,554 92,595 23.28%
FUND SURPLUS(DEFICIT) m (8,605) (3,216)1 m (11,821) (56,695)
PARK&RECREATION CAPITAL REVENUES
22-000-42-00-4215 IPARKS CAPITAL FEES 250 250 1,750 14.29%
22-000-45-00-4500 INVESTMENTEARNINGS 7 7 13 80 16.54%
22-000-46-00-469C REIMBURSEMENT-MISCELLANEOUS 0.00%
22-000-48-00-4845 DONATIONS 0.00%
22-000-48-00-4880 ISALE OF FIXED ASSETS 1,000 0.00%
TOTAL REVENUES:PARK&RECREATION CAPITAL 257 1 7 1 263 1 2,830 1 9.30%
PARK&RECREATION CAPITAL EXPENDITURES
22-222-60-00-6012 ICRAWFORD PARK TRAIL 0.00%
22-222-60-00-6035 RAINTREE PARK 120,000 0.00%
22-222-60-00-6042 BASEBALL FIELD CONSTRUCTION 0.00%
22-222-60-00-6060 1EQUIPMENT 0.00%
22-222-99-00-9921 TRANSFER TO PW CAPITAL 292 292 583 3,500 16.67%
TOTAL FUND REVENUES 257 7 263 2,830 9.30%
TOTAL FUND EXPENDITURES 292 292 583 123,500 0.47%
FUND SURPLUS(DEFICIT) (35) (285) (320) (120,670)
ACTUAL EXPENSES BY MONTH(Cash Basis)
ar-to- ate I ANNUAL
ACCOUNT NUMBER DESCRIPTION May-11 June-11 July-11 August-11 September-11 October-11 November-11 December-11 January-12 February-12 March-12 April-12 .
Totals BUDGET %of Budget
CITY-WIDE CAPITAL REVENUES
23-000-41-00-417C STATE GRANTS 231,000 0.00%
23-000-42-00-421C BUILDING PERMITS 17,600 0.00%
23-000-42-00-4213 ENGINEERING CAPITAL FEES 500 500 3,000 16.67%
23-000-42-00-4214 DEVELOPMENT FEES 85 85 20,000 0.43%
23-000-42-00-4222 ROAD CONTRIBUTION FEE 4,000 4,000 20,000 20.00%
23-000-45-00-450C INVESTMENT EARNINGS 2 2 5 0.00%
23-000-06-00-469C REIMB-MISCELLANEOUS 4,469 3,560 8,029 0.00%
23-00048-00-488C SALE OF FIXED ASSETS 0.00%
23-000-49-00-4901 TRANSFER FROM GENERAL 10,417 10,417 20,833 125,000 16.67%
TOTAL REVENUES:CITY-WIDE CAPITAL 19,388 14,064 33,452 416,600
CITY-WIDE CAPITAL EXPENDITURES
23-230-54-00-5495 JOUTSIDE REPAIR&MAINTENANCE 0.009/.
23-230-60-00-6041 ISIDEWALK CONSTRUCTION 0.00%
23-230-60-00-607C VEHICLES 4,000 0.00%
23-230-60-00-6078 PALMER COURT 0.00%
23-230-60-00-6092 SAFE ROUTE TO SCHOOL PROJECT 231,000 0.00%
23-230-97-00-8000 I PRINCIPLE PAYMENT-CLARK PROPERTY 125,000 125,000 125,000 100.00%
TOTAL FUND REVENUES 19,388 14,064 33,452 416,600 8.03%
TOTAL FUND EXPENDITURES 125,000 125,000 360,000 34.72%
FUND SURPLUS(DEFICIT) (105,61211 14,064 1 (91,548)1 56,600
DEBT SERVICE REVENUES
42-000-40-00-4006 PROPERTY TAXES-2005A BOND 51,9061 106,836 1 158,742 324,179 48.97%
42-000-42-00-4208 1 RECAPTURE FEES-WATER&SEWER 200 50 250 0.00%
42-000-45-00-450C INVESTMENT EARNINGS 11 11 0.00%
42-000-49-00-4901 ITRANSFER FROM GENERAL 8,645 8,645 17,290 103,740 16.67%
TOTAL REVENUES:DEBT SERVICE 60,7511 115,542 1 176,2931 427,919 41.20%
DEBT SERVICE EXPENDITURES
42-420-54-00-5498 PAYING AGENT FEES 750 0.00%
42-420-81-00-800C PRINCIPLEPAYMENT-2004C 95,OOC 0.00%
42-420-81-00-805C INTER EST PAYMENT-2004C 4,370 4,370 8,740 50.00%
42-420-82-00-800C PRINCIPLE PAYMENT-2005A 195,000 0.00%
42-420-82-00-805C INTEREST PAYMENT-2005A 64,589 64,589 129,179 50.00%
TOTAL FUND REVENUES 60,751 115,542 176,293 427,919 41. %
TOTAL FUND EXPENDITURES 68,959 68,959 428,669 16.0920%
FUND SURPLUS(DEFICIT) 60,7511 46,583 1 m 107,334 (750)
WATER FUND REVENUES
51-000-40-00-4007 PROPERTY TAXES-2007A BOND 21,434 44,117 65,551 133,866 48.97%
51-000-44-00-4424 WATER SALES 3,611 287,381 290,992 1,674,750 17.38%
51-000-44-00-4425 BULK WATER SALES 950 950 500 190.00%
51-000-44-00-443C WATER METER SALES 3,405 780 4,185 25,000 16.74%
51-000-44-00-444C WATER INFASTRUCTURE FEE 305 115,440 115,745 600,000 19.29%
51-000-44-00-445C WATER CONNECTION FEE 16,710 7,400 24,110 125,000 19.29%
51-000-44-00-4473 RECAPTURE FEES 0.00%
51-000-45-00-450C INTEREST INCOME 5 5 2,000 0.23%
51-000-46-00-469C REIMB-MISCELLANEOUS 0.00%
51-000-48-00-4821 BAD DEBT RECOVERY 0.00%
51-00048-00-4822 RENTALINCOME-WATER TOWER 3111 2,524 1 1 1 1 1 1 1 1 1 1 2,835 1 50,000 5.67%
51-00048-00-485C MISCELLANEOUS INCOME 0.00%
51-000-49-00-4952 TRANSFER FROM SEWER 6,989 6,989 13,977 83,863 16.67%
51-000-49-00-4998 CAPITAL CONTRIBUTIONS 0.00%
51-000-49-00-4999 DEVELOPER DONATIONS 0.00%
TOTAL REVENUES:WATER FUND 52,764 465,585 518,349 2,694,979 19.23%
WATER OPERATIONS EXPENSES
51-510-50-00-5010 ISALARIES&WAGES 26,985 27,920 54,904 365,000 15.04%
51-510-50-00-502C OVERTIME 12,000 0.00%
51-510-5200-5212 RETIREMENT PLAN CONTRIBUTION 2,566 2,655 5,221 37,500 13.92%
51-510-52-00-5214 FICA CONTRIBUTION 1,984 2,055 4,039 28,200 14.32%
51-510-54-00-5412 TRAINING&CONFERENCES 2,000 0.00%
51-510-54-00-5415 TRAVEL&LODGING 1,600 0.00%
51-510-54-00-5426 PUBLISHING&ADVERTISING 1,000 0.00%
51-510-54-00-5429 WATER SAMPLES 4,236 4,236 14,000 30.2656
51-510-54-00-543C PRINTING&DUPLICATING 2,500 0.00%
51-510-54-00-544C TELECOMMUNICATIONS 1,453 1,453 24,500 1 5.93%
51-510-54-00-5452 POSTAGE&SHIPPING 3,226 3,226 22,000 14.66%
51-510-54-00-546C DUES&SUBSCRIPTIONS 435 435 1,250 34.856
51-510-54-00-5462 PROFESSIONAL SERVICES 140 783 922 6,000 15.37%
51-510-54-00-5466 LEGAL SERVICES 2,000 0.00%
51-510-54-00-548C UTILITIES 11,508 11,508 304,500 3.78%
51-510-54-00-5483 JULIE SERVICES 1,780 1,780 3,500 50.87%
51-510-54-00-5485 RENTAL&LEASE PURCHASE 33 33 66 1,000 6.60%
51-510-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 485 485 10,000 4.85%
51-510-54-00-5499 BAD DEBT 6,000 0.00%
51-510-56-00-560C WEARING APPAREL 93 255 348 5,000 6.96%
51-510-56-00-562C OPERATING SUPPLIES 793 793 20,500 3.87%
51-510-56-00-5625 REIMBURSABLE REPAIRS 0.00%
51-510-56-00-563C SMALL TOOLS&EQUIPMENT 64 (64) 2,000 0.00%
51-510-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 1,600 0.00%
ACTUAL EXPENSES BY MONTH(Cash Basis(
Year-to- ate ANNUAL
ACCOUNT NUMBER DESCRIPTION May-11 June-11 July-11 August-11 September-11 October-11 November-11 December-11 January 12 February-12 March-12 April-12 TOtals BUDGET %of Budget
51-510-56-00-5638 TREATMENT FACILITY SUPPLIES 20 16,563 16,583 240,000 6.91%
51-510-56-00-564C REPAIR&MAINTENANCE 59 3,335 3,394 9,500 35.73%
51-510-56-00-5664 METERS&PARTS 1,452 465 1,917 46,000 4.17%
51-510-56-00-5695 GASOLINE 2,886 2,886 35,700 8.08%
51-510-60-00-6079 ROUTE 47 EXPANSION 96,000 0.00%
51-510-65-00-650C DEPRECIATION EXPENSE
51-510-66-00-6600 AMMORTIZATION EXPENSE
51-510-75-00-7502 GRANDE RESERVE COURT ORDER 22,989 22,989 45,978 275,868 16.67%
51-510-83-00-8000 PRINCIPLE PAYMENT-2007A 10,000 0.00%
51-510-83-00-805C INTEREST PAYMENT-2007A 61,933 61,933 123,866 50.00%
51-510-85-00-8000 PRINCIPLE PAYMENT-2002 CAP APPREC 285,000 285,000 285,000 100.00%
51-510-86-00-800C PRINCIPLE INTEREST-2003 DEBT CERT 0.00%
51-510-86-00-8050 INTEREST PAYMENT-2003DEBTCERT 16,575 16,575 33,150 50.00%
51-510-87-00-800C PRINCIPLE PAYMENT-2006A 70,000 0.00%
51-510-87-00-805C INTEREST PAYMENT-2006A 44,253 44,253 88,506 50.00%
51-510-88-00-800C PRINCIPLE PAYMENT-20050 90,000 0.00%
51-510-88-00-8050 INTEREST PAYMENT-20050 38,863 38,863 77,725 50.00%
51-510-89-00-8000 PRINCIPLE PAYMENT-IEPA 156300 85,600 0.00%
51-510-89-00-8050 INTEREST PAYMENT-IEPAIS6300 39,430 0.00%
51-510-99-00-9901 ITRANSFER TO GENERAL 7,6551 7,655 1 m 15,311 91,863 16.67%
TOTAL FUND REVENUES 52,769 465,585 518,349 2,694,979 19.23%
TOTAL FUND EXPENSES 353,274 268,835 622,109 2,571,858 24.19%
FUND SURPI.US(DEFICIT) (3G0,510)l 196,750 1 (103,760( 123,121
SEWER FUND REVENUES
52-000-40-00-4009 1 PROPERTY TAXES-20048 BOND 41,414 85,240 126,654 258,650 48.97%
52-000-40-00-4013 PROPERTY TAXES-2005D BOND 221,914 456,751 678,665 1,385,950 48.97%
52-000-40-00-4014 PROPERTY TAXES-2008 BOND 17,627 36,281 53,908 110,090 48.97%
52-000-44-00-4435 SEWER MAINTENANCE FEES 184 123,655 123,838 714,000 17.34%
52-000-44-00-4455 SW CONNECTION FEES-OPERATIONS 800 400 1,200 5,000 24.00%
52-000-44-00-4456 SW CONNECTION FEES-CAPITAL 7,200 3,600 10,800 30,000 36.00%
52-000-44-00-4457 SW CONNECTION FEES-ROB ROY 294,000 294,000 600,000 49.00%
52-000-44-00-4460 SEWER INFRASTRUCTURE FEES 0.00%
52-000-44-00-4465 RIVER CROSSING FEES 0.00%
52-000-45-00-4500 IINTEREST INCOME 97 159 1 256 1,800 1 14.25%
52-000-46-00-4690 IREIMB-MISCELLANEOUS 155 155 0.00%
52-000-48-00-4821 1 NO DE RECOVERY 0.00%
52-000-48-00-485C MISCELLANEOUS INCOME 0.00%
52-000-49-00-4998 ICAPITAL CONTRIBUTIONS 0.00%
52-000-49-00-4999 1 DEVELOPER DONATIONS 0.00%
TOTAL REVENUES:SEWER FUND 583,392 706,086 1,289,477 3,105,490 41.52%
SEWER OPERATIONS EXPENSES
52-520-50-00-5010 ISALARIES&WAGES 18,877 30,792 49,669 256,000 19.40%
52-520-50-00-5020 OVERTIME 76 76 2,000 3.78%
52-520-52-00-5212 RETIREMENT PLAN CONRTRIBUTION 1,802 2,928 4,731 25,000 18.92%
52-520-52-00-5214 FICA CONTRIBUTION 1,391 2,297 3,688 20,230 18.23%
52-520-54-00-5412 TRAINING&CONFERENCES 500 0.00%
52-520-54-00-5415 TRAVEL&LODGING 500 0.00%
52-520-54-00-5440 TELECOMMUNICATIONS 129 129 1,800 7.15%
52-520-54-00-5462 PROFESSIONAL SERVICES 58 45 104 5,000 2.08%
52-520-54-00-548C UTILITIES 1,331 1,331 40,000 3.33%
52-520-54-00-5485 RENTAL&LEASE PURCHASE 33 33 66 1,000 6.60%
52-520-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 4,000 0.00%
52-520-56-00-560C WEARING APPAREL 93 144 236 2,500 9.45%
52-520-56-00-561C OFFICE SUPPLIES 44 44 2,000 2.19%
52-520-56-00-5613 LIFT STATION MAINTENANCE 702 702 15,000 4.68%
52-520-56-00-562C OPERATING SUPPLIES 425 425 4,500 9.44%
52-520-56-00-5625 REIMBURSABLE REPAIRS 0.00%
52-520-56-00-563C SMALL TOOLS&EQUIPMENT 64 462 526 2,500 21.05%
52-520-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 1,200 0.00%
52-520-56-00-564C REPAIR&MAINTENANCE 119 119 25,000 0.48%
52-520-56-00-5695 GASOLINE 2,886 2,886 27,300 10.57%
52-520-56-00-5699 BAD DEBT 1,500 0.00%
52-520-60-00-6079 ROUTE 47 EXPANSION 24,600 0.00%
52-520-65-00-6500 DEPRECIATION EXPENSE 0.00%
52-520-66-00-660C AMMORT17ATION EXPENSE 0.00%
52-520-75-00-750C LENNAR-RAINTREE SWR RECAPTURE 30,996 30,996 30,996 100.00%
52-520-84-00-8000 PRINCIPLE PAYMENT-20048 160,000 0.00%
52-520-84-00-805C INTEREST PAYMENT-2004B 49,325 49,325 98,650 50.00%
52-520-90-00-800C PRINCIPLE PAYMENT-2003IRR8 95,000 0.00%
52-520-90-00-805C INTEREST PAYMENT-2003IRRB 70,143 0.00%
52-520-91-00-8000 PRINCIPLE PAYMENT-2004A 170,000 0.00%
52-520-91-00-805C INTEREST PAYMENT-2004A 12,046 12,046 24,093 50.00%
52-520-93-00-8000 PRINCIPLE PAYMENT-20050 1,000,000 0.00%
52-520-93-00-805C INTERESTPAYMENT-20050 192,975 192,975 385,950 50.00%
52-520-94-00-8000 PRINCIPLE PAYMENT-2008 REF 0.00%
52-520-94-00-805C INTEREST PAYMENT-2008 REF 55,045 55,045 110,090 50.00%
52-520-95-00-8000 PRINCIPLE PAYMENT-IEPA0130D 36,635 0.00%
52-520-95-00-8050 INTEREST PAYMENT-IEPA01300 2,344 0.00%
52-520-96-00-8000 PRINCIPLE PAYMENT-IEPA115300 86,329 0.00%
52-520-96-00-8050 INTEREST PAYMENT-IEPA 115300 20,721 0.00%
52-520-99-00-9901 TRANSFER TO GENERAL 6,920 6,920 13,841 83,045 16.67%
52-520-99-00-9952 TRANSFER TO WATER 6,989 6,989 13,977 83,863 16.67%
TOTAL FUND REVENUES 583,392 706,OBfi 1,289,477 3,105,490 41.52%
TOTAL FUND EXPENSES 67,299 365,636 432,935 2,919,989 14.83%
ACTUAL EXPENSES BY MONTH(Cash Basis)
ar-to- ate
ANNUAL
ACCOUNT NUMBER DESCRIPTION May-11 June-11 July-11 August-11 September-11 October-11 November-11 December-11 January-32 February-12 March-12 April-11 Tot.ls BUDGET %of Budget
FUND SURPLUS(DEFICIT) 516,093 340,449 856,542 185,501
LAND CASH REVENUES
72-000-41-00-417C STATE GRANTS 400,000 0.00%
72-000-45-00-450C INVESTMENT EARNINGS 0.007
72-000-47-00-4700 WHITE OAK UNIT 1&2 0.00%
72-000-47-00-4701 WHITE OAK UNIT 3&4 0.00%
72-000-47-00-4702 WHISPERING MEADOWS(K HILL) 312,655 312,655 0.00%
72-000-47-00-4703 AUTUMN CREEK 3,077 3,077 20,000 15.38%
72-00047-00-4704 BLACKBERRY WOODS 500 0.00%
72-000-47-00-4705 BRISTOL BAY 0.00%
72-000-47-00-4706 CALEDONIA 0.00%
72-000-47-00-4707 RIVER'S EDGE 0.00%
72-000-47-00-4708 COUNTRY HILLS 0.00%
72-000-47-00-4709 BRIARWOOD 0.00%
72-000-47-00-4710 FOXFIELD II PARK 0.00%
72-000-47-00-4711 FOX HIGHLANDS 0.00%
72-000-47-00-4712 GREENBRIAR 0.00%
72-000-47-00-4713 PRESTWICK 0.00%
72-000-47-00-4714 HE ART LAND CIRCLE 0.00%
72-000-47-00-4715 KYLN'S RIDGE 0.00%
72-000-47-00-4716 IMONTALBANO HOMES I I I 0.00%
72-000-47-00-4717 1PRAIRIE GARDEN 0.00%
72-000-47-00-4718 SUNFLOWER 0.00%
72-000-47-00-4719 VILLASAT THEPRESERVE 0.00%
72-00047-00-4720 IWOODWORTH 0.00%
72-000-47-00-4721 WILDWOOD 0.00%
TOTAL REVENUES:LAND CASH 315,732 315,732 420,500 75.08%
LAND CASH EXPENDITURES
72-720-60-00-6029 ICALEDONIA 0.00%
72-720-60-00-6031 HEARTLAND CIRCLE 0.00%
72-720-60-00-6032 MOSIER HOLDING COSTS 11,000 0.00%
72-720-60-00-6036 RAINTREE VILLAGE 59,675 28,778 88,453 270,000 32.76%
72-720-60-00-6037 GRANDE RESERVE BIKE TRAIL 0.00%
72-720-60-00-6038 WHEATON WOODS NATURE TRAIL 0.00%
72-720-60-00-6039 BRISTOL BAY-PARKA 0.00%
72-720-60-00-6043 BRISTOL BAY REGIONAL PARK 0.00%
72-720-60-00-6044 HOPKINS PARK
72-720-60-00-6045 RIVERFRONT PARK
RA 0.00%
72-720-99-00-9901 TRANSFER TO GENERAL 1,674 1,674 3,347 20,084 16.67%
TOTAL FUND REVENUES 315,732 315,732 420,500 75.08%
TOTAL FUND EXPENDITURES 61,349 30,452 91,800 301,084 30.49%
FUND SURPLUS(DEFICIT) 254,383 1 (30,452)1 223,932 1 119,41fi
PARK&RECREATION REVENUES
79-000-41-00-4182 IMISC INTERGOVERNMENTAL 0.00%
79-000-44-00-4402 SPECIAL EVENTS 1,320 1,320 0.00%
79-000-44-00-4403 CHILD DEVELOPMENT 5,557 3,653 9,210 0.00%
79-000-44-00-4404 ATHLETICS AND FITNESS 18,466 12,412 30,878 0.00%
79-000-44-00-444C PROGRAM FEES 26,232 3,125 29,357 180,000 16.31%
79-000-44-00-4441 CONCESSION REVENUE 14,297 16,042 30,339 30,000 101.13%
79-000-44-00-4443 HOMETOWN DAYS 4,250 350 4,600 135,000 3.41%
79-000-45-00-450C INVESTMENT EARNINGS 14 16 29 300 9.76%
79-00046-00-468C REIMB-LIABILITY INSURANCE 0.00%
79-00046-00-4690 I REIMS-MISCELLANEOUS 2,916 70 1 2,986 0.00%
79-000-48-00-4820 RENTALINCOME 38,944 400 39,344 86,000 45.75%
79-000-48-00-4825 1 FACILITY AND PARK RENTALS 14,374 6,681 21,055 0.00%
79-000-48-00-4846 SPONSORSHIPS/DONANTIONS 490 200 690 11,200 6.16%
79-000-48-00-4850 IMISCELLANEOUS INCOME 18 486 504 500 100.80%
79-000-49-00-4901 ITRANSFER FROM GENERAL 61,059 61,059 122,118 732,710 16.67%
TOTAL REVENUES:PARK&RECREATION 186,617 105,814 292,431 1,175,710 24.87%
PARKS DEPARTMENT EXPENDITURES
79-790-50-00-5010 ISALARIES&WAGES 28,371 27,641 56,012 370,000 15.14%
79-790-50-00-5015 PART-TIME SALARIES 763 4,309 5,072 17,OOC 29.83%
79-790-50-00-502C OVERTIME 3,000 0.00%
79-790-52-00-5212 RETIREMENT PLAN CONTRIBUTION 2,698 2,629 5,327 37,730 14.12%
79-790-52-00-5214 FICA CONTRIBUTION 2,164 2,379 4,543 30,000 15.14%
79-790-52-00-5216 GROUP HEALTH INSURANCE 0.00%
79-790-52-00-5625 REIMBURSABLE REPAIRS 0.00%
79-790-54-00-5412 TRAINING&CONFERENCES 100 100 2,600 3.85%
79-790-54-00-5415 TRAVEL&LODGING 750 0.00%
79-790-54-00-544C TELECOMMUNICATIONS 323 323 3,780 8.55%
79-790-54-00-5462 PROFESSIONAL SERVICES 4,500 0.00%
79-790-54-00-5466 LEGAL SERVICES 4,000 0.00%
79-790-54-00-5485 RENTAL&LEASE PURCHASE 178 178 356 2,500 14.24%
79-790-56-00-5460 DUES AND SUBSCRIPTIONS 0.00%
79-790-56-00-560C WEARING APPAREL 336 336 4,100 8.20%
79-790-56-00-5610 OFFICE SUPPLIES 47 47 300 15.64%
79-790-56-00-5620 OPERATING SUPPLIES 3,417 3,417 22,500 15.19%
79-790-56-00-563C SMALLTOOLS&EQUIPMENT 2,25C 0.00%
79-790-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 500 0.00%
79-790-56-00-5640 REPAIR&MAINTENANCE 11,588 11,588 48,OOC 24.14%
TOTAL EXPENSES:PARKS DEPARTMENT 34,174 52,947 87,121 553,510 15.74%
ACTUAL EXPENSES BY MONTH(Cash Basis)
ar-to- ate ANNUAL
ACCOUNT NUMBER DESCRIPTION May-Si June-11 1u11-11 August-11 September-11 October-11 November-11 December-11 January-12 February-12 March-12 April-l2 •Totals BUDGET %of Budget
RECREATION DEPARTMENT EXPENDITURES
79-795-50-00-501C SALARIES&WAGES 14,458 16,152 30,609 190,000 16.11%
79-795-50-00-5015 PART-TIME SALARIES 1,406 637 2,043 22,000 9.29%
79-795-50-00-5020 OVERTIME 300 0.00%
79-795-50-00-5045 CONCESSION WAGES 2,868 3,059 5,926 10,00C 59.26%
79-795-50-00-5046 PRE-SCHOOL WAGES 3,410 1,557 4,967 20,000 24.83%
79-795-50-00-5052 INSTRUCTORS WAGES 1,195 2,182 3,377 16,000 21.11%
79-795-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,768 1,939 3,707 22,000 16.85%
79-795-52-00-5214 FICA CONTRIBUTION 1,763 1,794 3,557 20,000 17.79%
79-795-52-00-5216 GROUP HEALTH INSURANCE 150 150 0.00%
79-795-54-00-5412 TRAINING&CONFERENCES 2,000 0.00%
79-795-54-00-5415 TRAVEL&LODGING 1,000 0.00%
79-795-54-00-5426 PUBLISHING&ADVERTISING 27,000 0.00%
79-795-54-00-544C TELECOMMUNICATIONS 253 253 4,300 5.88%
79-795-54-00-5447 SCHOLARSHIPS 1,000 0.00%
79-795-54-00-5452 POSTAGE&SHIPPING 8,000 0.00%
79-795-54-00-5462 PROFESSIONAL SERVICES 2,278 5,479 7,757 53,000 14.64%
79-795-54-00-548C UTILITIES 1,811 1,811 22,000 8.23%
79-795-54-00-5485 RENTAL&LEASE PURCHASE 4,500 0.00%
79-795-54-00-5490 DUES&SUBSCRIPTIONS 1,500 0.00%
79-795-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 1,000 0.00%
79-795-54-00-5496 PROGRAM REFUNDS 480 1,005 1,485 7,000 21.21%
79-795-56-00-560C WEARING APPAREL
79-795-56-00-5602 HOMETOWN DAYS SUPPLIES 1,629 1,629 100,000 1.63%
79-795-56-00-5606 PROGRAM SUPPLIES 2,500 2,797 5,297 55,000 9.63%
79-795-56-00-5607 CONCESSION SUPPLIES 1,561 4,882 6,444 18,000 35.80%
79-795-56-00-5610 OFFICE SUPPLIES 120 70 190 3,000 6.34%
79-795-56-00-562C OPERATING SUPPLIES 966 1,121 2,087 5,500 37.95%
79-795-56-00-563C SMALLTOOLS&EQUIPMENT 2,000 0.00%
79-795-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 500 0.00%
79-795-56-00-564C REPAIR&MAINTENANCE 34 34 2,000 1.72%
79-795-56-00-5645 BOOKS&PUBLICATIONS 100 0.00%
79-795-56-00-569C SUPPLIES-GRANT REIMBURSABLE 500 0.00%
79-795-56-00-5695 GASOLINE 44 44 3,000 1.47%
79-795-70-00-7799 CONTINGENCIES 0.00%
79-795-99-00-9901 TRANSFER TO GENERAL 0.00%
TOTAL EXPENDITURES:RECREATION DEPARTMENT 36,402 1 44,966 81,369 622,200 1 13.08%
TOTAL FUND REVENUES 186,617 105,814 292,431 1,175,710 24.87%
TOTAL FUND EXPENDITURES 70,576 68
97,913 1 ,489 1,175,710 14.33%
FUND SURPLUS(DEFICIT) 116,040 7,901 123,941
RECREATION CENTER REVENUES
80-000-44-00-444C PROGRAM FEES 7,814 4,553 12,367 125,000 9.89%
80-000-44-00-4441 CONCESSION REVENUE 975 900 1,875 12,500 15.00%
80-000-44-00-4444 MEMBERSHIP FEES 42,167 41,211 83,378 410,000 20.34%
80-000-44-00-4445 GUEST FEES 580 723 1,303 3,500 37.23%
80-000-44-00-4446 SWIM CLASS FEES 5,577 6,106 11,683 35,000 33.38%
80-000-44-00-4447 PERSONAL TRAINING FEES 336 816 1,152 15,000 7.68%
80-000-44-00-4448 TANNING SESSION FEES 575 129 704 2,500 28.16%
80-000-45-00-4500 INTEREST INCOME 0.00%
80-000-48-00-482C RENTAL INCOME 6 31 37 5,000 0.74%
80-000-48-00-4845 DONANTIONS 230 230 2,000 11.50%
80-000-48-00-4850 MISCELLANEOUS INCOME 37 32 69 500 13.70%
TOTAL REVENUES:RECREATION CENTER REVENUES 58,296 54,501 112,797 611,000 18.46%
RECREATION CENTER EXPENSES
80-800-50-00-5010 SALARIES&WAGES 2,631 4,509 7,140 34,200 20.88%
80-800-50-00-5015 PART-TIME SALARIES 7,934 8,337 16,270 98,000 16.60%
80.800-50-00-502C OVERTIME 500 0.00%
80-800-50-00-5046 PRE-SCHOOLWAGES 4,092 105 4,197 35,000 11.99%
80-800-50-00-5052 INSTRUCTORS WAGES 3,555 4,350 7,906 65,000 12.16%
80-800-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,043 956 1,999 10,000 19.99%
80-800-52-00-5214 FICA CONTRIBUTION 1,382 1,318 2,700 17,708 0.00%
80-800-54-00-5412 TRAINING&CONFERENCES 0.00%
80-800-54-00-5415 TRAVEL&LODGING 200 0.00%
80-800-54-00-5426 PUBLISHING&ADVERTISING 1,500 0.00%
80-800-54-00-544C TELECOMMUNICATIONS 394 394 3,600 10.95%
80-800-54-00-5447 SCHOLARSHIPS 900 0.00%
80-800-54-00-5452 POSTAGE&SHIPPING 600 0.00%
80-800-54-00-5462 PROFESSIONAL SERVICES 853 3,090 3,943 17,700 22.28%
80-800-54-00-548C UTILITIES 3,746 3,746 49,000 7.65%
80-800-54-00-5485 RENTAL&LEASE PURCHASE 36,198 18,198 54,396 226,500 24.02%
80-800-54-00-5490 DUES&SUBSCRIPTIONS 200 0.00%
80-800-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 21,200 0.00%
80.800-54-00-5496 PROGRAM REFUNDS 318 664 982 5,500 17.85%
80-800-54-00-5497 PROPERTY TAX PAYMENT 30,751 30,751 53,680 57.29%
80-800-56-00-560C WEARING APPAREL 0.00%
80-800-56-00-5606 PROGRAM SUPPLIES 36 611 646 17,000 3.80%
80-800-56-00-5607 CONCESSION SUPPLIES 889 889 6,300 14.12%
80-800-56-00-561C OFFICE SUPPLIES 37 37 2,600 LAN
80-800-56-00-562C OPERATING SUPPLIES 287 270 557 6,200 8.98%
80-800-56-00-5630 SMALL TOOLS&EQUIPMENT 6,300 0.005
80-800-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 1,000 0.00%
80-800-56-00-5640 REPAIR&MAINTENANCE 362 362 11,000 3.29%
80-800-56-00-5645 IBOOKS&PUBLICATIONS 50 0.00%
80-800-56-00-5695 IGASOLINE 44 1 1 1 1 44 300 14.71%
ACTUAL EXPENSES BY MONTH(Cash Basis)
Year-to- ate
ACCOUNTNUMBER DESCRIPTION May-11 June-11 July-11 August-11 September-11 October-11 November-11 December-11 January-12 February-12 March-12 April-12 Totals BUDGET %of Budget
TOTAL FUND REVENUES 58,29fi 54,501 112,797 611,000 18.467
TOTAL FUND EXPENSES 69,078 47,882 136,960 691,738 19.80%
FUND SURPLUS(DEFICIT) (30,782) 6,620 (24,163) (80,738)
LIBRARY REVENUES
82-000-40-00-4005 PROPERTY TAXES-LIBRARY 108,835 221,702 330,536 675,000 48.97%
82-000-40-00-4015 PROPERTY TAXES-DEBT SERVICE 115,416 237,557 352,973 720,800 48.97%
82-000-41-00-412C PERSONAL PROPERTY TAX 755 755 5,000 15.10%
82-000-41-00-417C STATE GRANTS 13,500 0.00%
82-00042-00-4211 DEVELOPMENT FEES-BOOKS 875 875 0.00%
82-000-42-00-4212 DEVELOPMENT FEES-BUILDING 875 875 0.00%
82-000-43-00-433C LIBRARY FINES 1,397 1,377 2,774 20,000 13.87%
82-000-44-00-4401 LIBRARY SUBSCRIPTION CARDS 1,306 1,234 2,540 17,000 14.94%
82-000-44-00-4422 COPY FEES 320 332 652 3,500 18.63%
82-000-44-00-444C PROGRAM FEES 20 23 43 0.009/.
82-000-45-00-4500 INVESTMENT EARNINGS 14 27 41 2,000 2.05%
82-000-46-00-4682 REIMBURSEMENT-INSURANCE 0.00%
82-000-46-00-469C REIMBURSEMENT-MISCELLANEOUS 0.00%
82-000-48-00-482C RENTAL INCOME 111 140 251 2,500 10.04%
82-000-48-00-4824 DVD RENTAL INCOME 441 601 1,042 0.00%
82-000-48-00-4832 MEMORIALS 1,000 400 1,400 3,500 40.00%
82-000-48-00-4850 MISCELLANEOUS INCOME 7 40 47 D.00%
82-000-48-00-4881 SALE OF BOOKS 500 0.00%
TOTAL REVENUES:LIBRARY 230,616 464,188 694,804 1,463,300 47.48%
LIBRARY EXPENDITURES
82-820-50-00-5010 ISALARIES&WAGES 34,824 34,104 68,927 475,000 14.51%
82.820-52-00-5212 RETIREMENT PLAN CONTRIBUTION 1,775 1,836 3,610 22,500 16.05%
82-820-52-00-5214 FICA CONTRIBUTION 2,608 2,553 5,162 40,000 12.90%
82-820-52-00-5216 GROUP HEALTH INSURANCE 7,295 7,295 70,000 10.42%
82-820-52-00-5222 GROUP LIFE INSURANCE 63 63 2,000 3.17%
82-820-52-00-5223 DENTAL&VISION INSURANCE 575 575 6,000 9.59%
82-820-54-00-5412 TRAINING&CONFERENCES 800 0.00%
82-820-54-00-5415 TRAVEL&LODGING 500 0.00%
82-820-54-00-5423 PUBLIC RELATIONS 1,000 0.00%
82-820-54-00-5426 PUBLISHING&ADVERTISING S00 0.00%
82-820-54-00-544C TELECOMMUNICATIONS 694 694 5,000 13.87%
82-820-54-00-5452 POSTAGE&SHIPPING 2,000 0.00%
82-820-54-00-546C DUES&SUBSCRIPTIONS 20,000 0.00%
82-820-54-00-5462 PROFESSIONAL SERVICES 1,746 1,746 44,000 3.97%
82-820-54-00-5466 LEGAL SERVICES 5,000 0.00%
82-820-54-00-548C UTILITIES 15,000 0.00%
82-820-54-00-5485 RENTAL&LEASE PURCHASE 3,000 0.00%
82.820-54-00-5489 BUILDING-DEVELOPMENT FEES 3,130 3,130 #DIV/0!
82-820-54-00-5495 OUTSIDE REPAIR&MAINTENANCE 20,000 0.00%
82-820-56-00-5610 OFFICE SUPPLIES 1,053 1,053 10,000 10.53%
82-820-56-00-562C OPERATING SUPPLIES 631 631 16,000 3.95%
82-820-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 2,000 0.00%
82-820-56-00-564C REPAIR&MAINTENANCE 3,000 0.00%
82-820-56-00-5670 COMMUNITY RELATIONS 162 162 10,000 1.62%
82-820-56-00-5671 LIBRARY PROGRAMMING NDIV/01
82-820-56-00-5676 EMPLOYEE RECOGNITION 0.00%
82-820-56-00-568C ADULT BOOKS 15,000 0.00%
82-820-56-00-5681 JUVENILE BOOKS 30,000 0.00%
82-820-56-00-5682 REFERENCE BOOKS 20,000 0.00%
82-820-56-00-5683 AUDIO BOOKS 5,000 0.00%
82-820-56-00-5684 COMPACT DISCS&OTHER MUSIC 3,000 0.00%
82-820-56-00-5685 VIDEOS 5,000 0.00%
82-820-56-00-5686 BOOKS-DEVELOPMENT FEES 0.00%
82.820-56-00-5698 MEMORIALS&GIFTS 3,500 0.00%
82-820-56-00-5699 IMISCELLANEOUS 1,000 0.00%
82-820-70-00-7799 1CONTINGENCIES 10,000 0.00%
82-820-83-00-800C I PRINCIPLE PAYMENT-2001B 175,000 0.00%
82-820-83-00-805C IN PAYMENT-20058 158,063 158,063 316,125 50.00%
82-820-8400-8000 IPRiNCIPLE PAYMENT-2006 175,000
82-820-84-00-8050 I INTEREST PAYMENT-2006 27,338 27,338 54,675 50.00%
TOTAL FUND REVENUES 230,616 464,188 694,804 1,463,300 47.48%
TOTAL FUND EXPENDITURES 39,207 239,243 278,450 1,586,600 17.55%
FUND SURPLUS(DEFICIT) 191,409 224,945 416,355 (123,300)
ACTUAL EXPENSES BY MONTH(Cash Basis)
ar-to- ate ANNUAL
ACCOUNT NUMBER DESCRIPTION E May-11 June-11 JuIol August-11 September-11 October-11 November-11 December-11 January-12 February-12 March-12 April-1i .Totals BUDGET %of Budget
FOX INDUSTRIALTIF REVENUES
85-000-40-00-4085 PROPERTY TAXES-FOX INDUS TI 22,114 111,327 133,441 0.00%
85-000-45-00-4500 INVESTMENT EARNINGS 9 9 0.00%
TOTAL REVENUE S:FOX INDUSTRIALTIF 22,114 111,33fi 133,450 0.00%
FOX INDUSTRIAL TIF EXPENDITURES
85-850-54-00-5420 ADMINISTRATIVE FEES 214 214 0.00%
85-850-98-00-8000 PRINCIPLE PAYMENT-2002 0.00%
85-850-98-00-8050 INTEREST PAYMENT-2002 3,391 3,391 0.00%
85-850-99-00-9999 ITRANSFER OUT 0.00%
TOTAL FUND REVENUES 22,114 111,336 133,450 0.00%
TOTAL FUND EXPENDITURES 3,391 214 3,605
FUND SURPLUS(DEFICIT) 18,723 111,122 129,845
COUNTRYSIDE TIF REVENUES
87-000-40-00-4087 PROPERTY TAXES-COUNTRYSIDE TI 6,250 0.00%
87-000-45-00-450, INVESTMENT EARNINGS 36 105 141 4,000 3.54%
TOTAL REVENUES:COUNTRYSIDETIF 36 105 141 10,250 3.54%
COUNTRYSIDE TIF EXPENDITURES
87-870-54-00-5420 ADMINISTRATIVE FEES 93 93 1,000 9.25%
87-870-54-00-5498 PAYING AGENT FEES 400 0.00%
87-870-80-00-800C PRINCIPLE PAYMENT-2005 175,000 0.00%
87-870-80-00-8050 JINTEREST PAYMENT-2005 65,571 65,571 131,143 1 50.00%
TOTAL FUND REVENUES 36 105 141 10,250 1.38%
TOTAL FUND EXPENDITURES 65,571 93 65,664 307,543 21.35%
FUND SURPLUS(DEFICIT) (65,535) l3 (65,522) (297,293)
DOWNTOWN TIF REVENUES
88-000-40-00-4088 PROPERTY TAXES-DOWNTOWN TIF 4,450 38,640 43,090 88,550 48.66%
88-000-45-00-4500 INVESTMENT EARNINGS 3 3 0.00%
TOTALREVENUES:DOWNTOWN TIF 4,450 1 38,643 1 m 43,092 88,550 48.66%
DOWNTOWN TIF EXPENDITURES
88-880-54-00-542C ADMINISTRATIVE FEES 879 879 1,500 58.58%
88-880-54-00-5462 PROFESSIONAL SERVICES 0.00%
88-880-60-00-6079 ROUTE 47 EXPANSION 515,340
TOTAL FUND REVENUES 4,450 38,643 43,092 88;550 48.66%
TOTAL FUND EXPENDITURES 879 879 516,840 0.17%
FUND SURPLUS(DEFICIT) 4,450 37,764 42,214 (428,290)
UNITED CITY OF YORKVILLE
STATEMENT OF REVENUES,EXPENDITURES AND TRANSFERS
For the Period Ending June 30,2011*
%of
June YTD YTD to FY 2012
Actual Actual Budget Budget
GENERAL FUND(01)
Revenues
Local Taxes
Property Taxes 873,122 1,297,330 48.7% 2,665,964
Municipal Sales Tax 210,574 379,666 14.9% 2,550,000
Non-Home Rule Sales Tax - - 0.0% -
Electric Utility Tax 136,433 136,433 23.1% 591,600
Natural Gas Tax 102,673 102,673 35.3% 290,700
Telephone Utility Tax 40,525 83,425 15.6% 535,500
Cable Franchise Fees - 56,358 27.6% 204,000
Hotel Tax 4,014 6,948 22.7% 30,600
Amusement Tax 252 433 0.3% 134,000
Admissions Tax - - 0.0% 190,000
Business District Tax 25,565 44,018 14.7% 300,000
Auto Rental Tax 909 1,596 22.4% 7,140
Para Mumel Tax 3,793 6,526 43.5% 15,000
Total Taxes 1,397,859 2,115,406 28.2% 7,514,504
Intergovernmental
State Income Tax 142,890 142,890 10.7% 1,340,000
Local Use Tax 21,844 41,479 19.8% 210,000
Road&Bridge Tax 54,363 82,467 50.2% 164,296
Personal Property Replacement Tax - 2,278 17.5% 13,000
Other Intergovernmental - 4,052 36.2% 11,200
Total Intergovernmental 219,098 273,167 15.7% 1,738,496
Licenses and Permits
Liquor Licenses 938 1,948 4.9% 40,000
Building Permits 9,423 30,816 25.2% 122,400
Other Permits/Licenses 194 817 25.1% 3,250
Total Licenses&Permits 10,556 33,581 20.3% 165,650
Fines and Forfeits
Traffic Fines 6,470 20,926 22.0% 95,000
Administrative Adjudication 1,791 3,607 12.0% 30,000
Police Tows 7,500 15,500 17.2% 90,000
Total Fines and Forfeits 15,761 40,033 18.6% 215,000
Charges for Services
Garbage Surcharge 203,755 203,879 17.4% 1,175,000
Collection Fee-YBSD - - 0.0% 123,932
Other Services 350 350 7.0% 5,000
Total Charges for Services 204,105 204,229 15.7% 1,303,932
Investment Earnings 89 92 4.6% 2,000
Reimb/Miscellaneous/Other Financing Sources
Reimb-Legal Expenses 1,043 7,075 59.0% 12,000
Reimb-Health Ins Contributions 18,887 35,035 13.2% 264,800
Other Reimbursements 1,219 39,888 62.3% 64,000
Rental Income 545 1,645 18.3% 9,000
Miscellaneous Income 191 346 4.9% 7,000
Transfers In 16,249 32,499 16.7% 194,992
Total Miscellaneous 38,133 116,488 21.1% 551,792
Total Revenues and Transfers 1,885,600 2,782,996 24.2% 11,491,374
UNITED CITY OF YORKVILLE
STATEMENT OF REVENUES,EXPENDITURES AND TRANSFERS
For the Period Ending June 30,2011*
%of
June YTD YTD to FY 2012
Actual Actual Budget Budget
GENERAL FUND(01)
Expenditures
Administration 37,236 62,728 12.8% 489,551
Salaries 20,987 41,712 15.3% 273,395
Benefits 3,289 6,458 14.3% 45,106
Contractual Services 10,665 12,192 7.9% 155,100
Supplies 2,295 2,365 14.8% 15,950
Finance 20,015 37,258 11.6% 320,505
Salaries 13,604 26,417 15.1% 175,000
Benefits 2,186 4,535 14.9% 30,505
Contractual Services 3,882 5,963 5.5% 109,250
Supplies 343 343 6.0% 5,750
Community Relations 333 4,370 8.0% 54,950
Salaries - 3,750 11.5% 32,500
Benefits - 287 11.5% 2,500
Contractual Services 333 333 2.0% 16,550
Supplies - - 0.0% 3,400
Engineering 65,450 80,704 31.9% 253,136
Salaries 55,188 68,117 39.5% 172,500
Benefits 9,441 11,631 39.1% 29,736
Contractual Services 813 950 2.3% 42,100
Supplies 7 7 0.1% 8,800
Police 323,725 559,720 18.5% 3,018,230
Salaries 165,350 317,114 15.5% 2,052,500
Overtime 6,898 13,868 18.5% 75,000
Benefits 132,991 203,855 36.3% 560,900
Contractual Services 8,122 14,131 7.4% 190,010
Supplies 10,364 10,752 7.7% 139,820
Community Development 32,614 53,467 14.2% 375,610
Salaries 26,622 44,372 18.5% 240,000
Benefits 4,489 7,456 16.7% 44,535
Contractual Services 1,487 1,623 1.9% 84,450
Supplies 16 16 0.2% 6,625
PW-Street Ops&Sanitation 146,660 169,154 9.4% 1,796,870
Salaries 19,377 38,366 14.2% 270,000
Overtime - - 0.0% 15,000
Benefits 3,280 6,495 12.1% 53,500
Contractual Services 113,557 113,590 8.5% 1,336,020
Supplies 10,447 10,704 9.0% 118,350
Capital Outlay - - 0.0% 4,000
Administrative Services 301,023 681,204 15.4% 4,418,640
Salaries 350 350 7.0% 5,000
Benefits 177,899 459,056 26.3% 1,743,350
Contractual Services 42,654 61,556 3.6% 1,693,840
Supplies - - 0.0% 5,000
Contingencies - - 0.0% 10,000
Transfers Out 80,121 160,242 16.7% 961,450
Total Expenditures and Transfers 927,055 1,648,606 15.4% 10,727,492
Variance 958,545 1,134,390 763,882
* June represents 17%of the fiscal year
c/Ty Reviewed By: Agenda Item Number
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Finance ■
EST. , � 1836
Engineer ❑ Tracking Number
y City Administrator ❑
Consultant ❑ ADM 2011-32
dal County El`E
Agenda Item Summary Memo
Title: Treasurer's Report for June 2011
Meeting and Date: Administration Committee 7/21/11
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Rob Fredrickson Finance
Name Department
Agenda Item Notes:
UNITED CITY OF YORKVILLE
TREASURER'S REPORT-for the period ended June 30,2011
Cash Basis
Revenues %of YTD Expenses %of YTD
June Revenues YTD Revenues Budget Budget June Expenses YTD Expenses Budget Budget
General Fund
O1-General 1,885,600 2,782,996 11,491,374 24% 927,055 1,648,606 10,727,492 15%
Special Revenue Funds
15-Motor Fuel Tax 34,122 68,903 1,011,000 7% 48,429 76,629 661,000 12%
79-Parks and Recreation 105,814 292,431 1,175,710 25% 97,913 168,490 1,175,710 14%
72-Land Cash - 315,732 420,500 75% 30,452 91,800 301,084 30%
85-Fox Industrial TIF 111,336 133,450 - 0% 214 3,605 - 0%
87-Countryside TIF 105 141 10,250 1% 93 65,664 307,543 21%
88-Downtown TIF 38,643 43,092 88,550 49% 879 879 516,840 0%
11-Fox Hill SSA 1,273 1,871 3,786 49% 614 614 3,804 16%
12-Sunflower SSA 2,284 3,646 7,530 48% 1,309 1,309 9,078 14%
Debt Service Fund
42-Debt Service 115,542 176,293 427,919 41% 68,959 68,959 428,669 16%
Capital Funds
16-Municipal Building 300 1,350 5,250 26% - - - -
22-Park and Recreation Capital 7 263 2;830 9% 292 583 123,500 0%
20-Police Capital 807 4,934 21,500 23% - 95 54,000 0%
21-Public Works Capital 4,621 9,733 35,900 27% 7,838 21,554 92,595 23%
23-City-Wide Capital 14,064 33,452 416,600 8% - 125,000 360,000 35%
Enterprise Funds
51-Water 465,585 518,349 2,694,979 19% 268,835 622,109 2,571,858 24%
52-Sewer 706,086 1,289,477 3,105,490 42% 365,636 432,935 2,919,989 15%
80-Recreation Center 54,501 112,797 611,000 18% 47,882 136,961 691,738 20%
Library Fund
82-Library 464,188 694,804 1,463,300 47% 239,243 278,450 1,586,600 18%
Total Funds 4,004,876 6,483,716 22,993,468 2,105,641 3,744,241 22,531,500
As Treasurer of the United City of Yorkville,I hereby attest,to the best of my knowledge,that the information contained in this Treasurer's Report is accurate as of the date detailed
herein. Further information is available in the Finance Department.
William Powell,Treasurer
Prepared by the Finance Department
c/Ty Reviewed By: Agenda Item Number
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Finance ■
EST. , � 1836
Engineer ❑ Tracking Number
y City Administrator ■
Consultant ❑ ADM 2011-33
dal County El`E
Agenda Item Summary Memo
Title: Cash Statements for May 2011
Meeting and Date: Administration Committee 7/21/11
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Rob Fredrickson Finance
Name Department
Agenda Item Notes:
UNITED CITY OF YORKVILLE
CASH AND INVESTMENT SUMMARY-as of May 31,2011
CASH
Cash-Operations Cash-Special Purpose
IL Funds IL Funds Operation Aurora Special Purpose Grand
Old Second Castle E-Pay Corp Acct Totals Old Second Castle Earthmovers Totals Totals
General Fund
01-General (1,888,527) 369 394,466 (1,493,693) 1,019 41,434 123 42,576 (1,451,116)
Special Revenue Funds
15-Motor Fuel Tax - - - 658,929 - 658,929 658,929
72-Land Cash (412,223) - (412,223) - - (412,223)
85-Fox Industrial TIF 566,398 22,114 588,513 - - 588,513
87-Countryside TIF 17,428 1,161,079 1,178,507 934,507 934,507 2,113,014
88-Downtown TIF 209,760 4,450 214,210 - - 214,210
11-Fox Hill SSA 17,942 599 18,541 18,541
12-Sunflower SSA 11,922 1,362 13,284 13,284
Debt Service Fund
42-Debt Service 17,498 51,906 69,404 69,404
Capital Funds
16-Municipal Building (585,974) - (585,974) (585,974)
20-Police Capital 196,530 196,530 196,530
21-Public Works Capital 99,950 99,950 - - 99,950
23-City-Wide Capital (104,981) - (104,981) 55,773 55,773 (49,208)
Enterprise Funds
51-Water 204,441 655 21,434 226,530 - - 226,530
52-Sewer 1,858,816 230 679,968 2,539,014 2,539,014
Agency Funds
90-Developer Escrow 153,813 - - 153,813 153,813
95-Trust&Agency 156,467 926 - 157,393 - - - - 157,393
Total City Funds 519,261 2,180 2,337,378 2,858,818 935,527 756,137 123 1,691,786 4,550,605
Distribution% 11.41% 0.05% 51.36% 20.56% 1662% 0.00%
Library Fund
82-Library 226,321 - - - 226,321 293,406 - - 293,406 519,727
Distribution% 43.55% 5645%
Park and Recreation Funds
79-Parks and Recreation - 500,063 500,063 - - 25 25 500,088
22-Park&Rec Capital 51,302 51,302 158,391 158,391 209,693
80-Recreation Center (220,568) (220,568) - - - (220,568)
Totals 330,798 330,798 158,391 25 158,416 489,214
Distribution% 67.62% 32.38% 0.01%
c/Ty Reviewed By: Agenda Item Number
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EST. , � 1836
Engineer ❑
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Police ❑
K°d111
Human Resources ❑ ADM 2011-34
Public Works ❑
City Council Agenda Item Summary Memo
Title: Home Rule - discussion
City Council/ Committee Agenda Date: Administration Committee—July 21, 2011
Synopsis: See attached memo.
Council Action Previously Taken:
Date of Action: N / A Action Taken:
Item Number:
Type of Vote Required: N/ A
Council Action Requested: Discussion
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
Co.y
o Memorandum
"' To: Administration Committee
EST. �Z 1836 From: Bart Olson, City Administrator
.4 _�` CC:
0 �� �o,gaa, �p Date: July 14, 2011
Subject: Home rule discussion
This item was requested by Mayor Golinski, who has asked the Administration
Committee to study whether to seek home rule status. Attached are three information and policy
analysis packets from Geneva and Lake Forest, who have recently studied the move from being a
non-home rule community to a home rule community. Of these two communities, Lake Forest
made the move to a home rule community and Geneva did not.
What is home rule authority?
The Illinois constitution, which grants municipal authority, is set up so that municipalities
only have that authority which is specifically granted them under state statutes. This is the
definition of being a"non-home rule community;" we can only do what the state says we can do.
When a City opts to become a home rule community, the state statutes allow us to do anything
we deem necessary, unless the state statutes specifically say we cannot. The packets from
Geneva and Lake Forest do an excellent job on comprehensively explaining home rule authority.
How is home rule authority achieved?
In short,through referendum or through the certification that the municipality has 25,000
residents. We do expect to have 25,000 residents in the next 10 years (depending on the
economy), and the staff has been internally discussing the transition for the past few years. For a
referendum approval, the City Council has the authority to pass an ordinance or resolution
initiating the referendum question. That ordinance or resolution would have to be approved by
the City Council 79 days prior to the election date, so we are looking at a January 1 st deadline for
the March 20th general primary, and a mid-August 2012 deadline for the November 2012 general
election.
Uses in Yorkville?
As many of the articles attached to this memo explain, much of the new authority granted
under home rule status deals with finances. While people may initially associate this with
increased revenues (i.e. raising taxes), studies have shown that municipalities will use the new
power to shift the tax burden among groups in the City, or more often to broaden the tax base
that is coming from non-residents. For example, if the City were to pass a $0.02 per gallon
gasoline tax, some of that money would come from non-residents. If the annual total from that
gas tax was $100,000 per year, the City could reduce property taxes by$100,000, reduce the
garbage surcharge by$100,000 in total, or could cut the water infrastructure improvement and
maintenance fee. In the example of the water fee, this would result in a billing cycle reduction
from$16.50 to $13.75. While residents would still be paying some of the tax burden through the
gasoline tax, non-residents would be too —which is not the case for the water infrastructure and
maintenance fee.
Other examples of revenue flexibility that may benefit Yorkville include the use of the
hotel-motel tax for purposes other than tourism, and sales taxes on restaurant food and beverages
While restaurant owners may not initially like this tax, they may appreciate their property taxes
being reduced a proportionate amount. With two large regional recreation attractions, we do
expect our restaurants and taverns to serve many visitors from out-of-town.
While financial issues may be the most discussed powers granted under home rule
authority, several issues brought up by residents over the past few years could be solved without
any change to taxes. We have had residents ask for speed limits to be lowered in neighborhoods
from 30 mph to 25 mph. Under home rule authority, we would have the ability to change the
default speed limit to 25 mph by ordinance. We have had renters contact us asking for us to
enact standard-of-living issues on landlords. Home rule authority would allow us greater control
of landlord-tenant issues, and it would also allow us to require registration of all rental properties
in the City.
Municipal organization issues could also be addressed under home rule authority.
Elected clerks and treasurers could be changed to appointed positions, and we could change
elections from partisan to non-partisan. One of the most recently discussed topics, number of
aldermen, could be handled with greater flexibility. Instead of a state mandate on the number of
aldermen based on our population, we could pass a referendum permanently affixing the number
of aldermen at 8.
Staff seeks discussion and direction from the Administration Committee on home rule
status and authority.
41 0
Home Rule In Illinois
A Resource Guidefor the
City of Geneva
June 3, 2005
of C1,1r.
a L.
V �
r1(1N0
City of Geneva
Administrative Services Department Memorandum
To: Mayor Burns and City Council
From: Kim Warren, Administrative Services Assistant
CC: Phil Page, City Administrator
Mary McKittrick, Assistant City Administrator
Date: June 3, 2005
Re: Home Rule Resource Booklet
The goal of this booklet is to provide an overview of Illinois home rule information for the
Geneva City Council. This booklet will help answer and address some common questions and
concerns that Elected Officials, City staff, and citizens often have about home rule.
The first section of this booklet is in a frequently asked questions format and answers are
provided through excerpts from articles written on home rule. The second section contains full
text articles about home rule, including all articles refered to in the FAQ's section.
Please look over the provided booklet and feel free to share the information with citizens. If you
have any questions please contact Kim Warren at 232-8171 or Mary McKittrick at 262-8495.
Frequently Asked
Questions
About Home Rule
What is Home Rule?
Black's Law Dictionary defines "home rule" as: State Constitutional provision or type of legislative action
which results in apportioning power between state and local government by providing local cities and towns
with a measure of self-government if such local government accepts terms of the state legislation.
From the above-cited definition, one can clearly identify what the goal of home rule is -- "self-government."
Home rule is a term which was given to a concept created to provide units of local government with an in-
creased means of local control. The theory behind home rule was that some problems are inherently local in
nature and, thus, are better dealt with at the local level since a "one-size fits all" state legislative solution
couldn't possibly foresee problems which are uniquely local in nature. The creation of home rule was triggered
by the increasing urbanization and complexity of society. As municipalities became larger and less rural, they
desired governmental independence and the ability to deal with local problems at the local level. What home
rule does is to reverse what is commonly known as "Dillon's Rule. ,2 "Dillon's Rule" stands for the proposition
that in order for a municipality to be able to act or legislate in a given area, it must point to statutory authority
to act or its actions must be necessarily implied from a given statute. Thus, prior to home rule, municipalities
had to point to a specific statute in order to act.
*Excerpt from: Illinois Municipal League, Municipal Review Magazine Legal Q&A
(Published June 1997)By Beth Anne Janicki and Lore Ann Verkuilen
What is the History of Home Rule in Illinois?
Home rule powers were granted to municipalities through the 1970 Illinois Constitution, rather than the
legislature. One should begin with the 1970 constitution in describing Illinois' particular brand of home rule.
The specific grant of home rule authority is found in Article VII, Section 6 of the constitution. The array of
powers which are given the collective title "home rule" is provided in the following language: "Except as
limited by this Section, a home rule unit may exercise any power and perform any function pertaining to its
government and affairs including, but not limited to,the power to regulate for the protection of the public
health, safety, morals and welfare; to license; to tax; and to incur debt." The significant limitations of"this
Section" itself are:
a)Home rule units have constitutional limits on their taxing power. No ad valorem property tax receipts may
have a maturity period longer than forty years. Home rule units may not"license for revenue or impose taxes
upon or measured by income or earnings or upon occupations."
b)Home rule units have constitutional debt limits. The General Assembly may, by a three-fifths vote, limit
debt incurred which is payable through any funds other than ad valorem property tax receipts.
When debt is secured through property taxes, the General Assembly may set limits and require referenda for
any amounts over the following limits:
(1) if its population is 500,000 or more, an aggregate of three percent [of the assessed value of its
taxable property].
(2) if its population is more than 25,000 and less than 500,000 an aggregate of one percent [of the
assessed value of its taxable property].
(3) if its population is 25,000 or less, an aggregate of one half percent [of the assessed value of its
taxable property].
2
c)Home rule units have constitutional limits on their power to punish. No home rule unit may"define or
provide for felonies,"nor can any home rule unit define or provide for any Class A misdemeanors without
specific statutory authority from the General Assembly.
In addition to the constitutional limits on home rule authority, legislative restrictions are also allowed. The
General Assembly's authority to limit home rule legislatively is divided into two classes, each with a different
voting threshold. The state legislature may preempt home rule authority by simple majority when it is willing
to reserve for itself the exercise of a specific power. In these cases, the state must be willing to shoulder the
burden in order to deny a particular power to home rule units. The second class involves situations in which
the state does not wish to take control of the issue but still wishes to restrict the municipalities from doing so.
In such cases, the standard Illinois supermajority vote, three-fifths, is required. Through either of these
mechanisms, the state must be willing to put a certain degree of extra effort into attempts to restrict home rule
powers.
*Excerpt from: The Journal of Regional Analysis and Policy Local Government Revenue Structure:
Does Home Rule Matter?By Tom Rooney
Do Home Rule Communities Levy More Property Taxes?
Does adopting home rule mean that property taxes will increase? The opponents of home rule—the optional
system for empowering city and village governments to act—assert that property tax increases are the inevita-
ble consequence when home rule is adopted.
An examination of the record does not support opponents' claims. Several scholarly studies have been made of
the use of property taxes in home rule cities and villages during the 32 years since home rule first became
available to Illinois cities and villages. This article summarizes the results of those studies. A study of 134
home rule and 104 comparable nonhome rule communities recently published in the Journal of Public Eco-
nomics reported that property tax rates levied by non-home rule communities prior to the adoption of tax caps
rose 61 per cent faster than rates levied in the home rule communities over the same period of time. Further,
the study found that the rate of increase in property taxes in the two communities were comparable despite the
fact home rule home rule communities were not subject to tax cap limits.
An earlier study by Professor Robert Albritton reached similar conclusions. It found that population size and
geographic location had a greater effect on the rate of increases in property tax levies than home rule status,
and that,when controlled for these variables, the average property tax levy for home rule communities was the
same as the average property tax levy for non-home rule communities during the first ten years of Illinois'
some rule experience.
A just completed survey of Illinois home rule communities found that home rule communities are less depend-
ent on property taxes for their revenues than are non-home rule communities. On average, according to annual
surveys published by the Office of the Illinois Comptroller, cities and villages derive 25-30 percent of the
revenues from property taxes. The 2002 survey of Illinois home rule communities found that, on average,
home rule communities derived 10 to 20 percent of their revenue from property taxes, depending upon their
population and geographic location.
To be sure, there are some—fewer than one in five home rule communities at last count—that do levy property
taxes at rates higher than would be allowed by statute for non-home rule communities. But not even these
3
communities use all the taxing powers given to non-home rule communities by law. Rather, in these communi-
ties, elected officials have determined that local residents would rather pay higher property taxes than some of
the other taxes, like utility taxes, which non-home rule cities can levy to finance the services they provide.
In short, there is no economic data that supports the contention that property taxes necessarily or even usually
increase faster in home rule communities than in non-home rule communities.
Available evidence also suggests that voters in Illinois home rule communities do not believe that home rule
has led to undesirable rates of taxation. Voters in all home rule communities have the option to stop home rule
tax levies by voting home rule out. And, indeed, in the last 32 years, home rule opponents have succeeded 29
times in placing the elimination of home rule on the ballot in a home rule community. Most of the resulting
election campaigns were fought on the issue of whether taxes, and especially property taxes, were being mis-
used. Voters approved the retention of home rule powers in 25 of these 29 elections, or 83 per cent. In the
aggregate, they voted by a margin of more than 3-2 to retain their community's home rule powers.
*Excerpt from: Illinois Municipal Review,April 2003,The Status of Illinois Home Rule,Part III:
Do Home Rule Communities Levy More Property Taxes? By James M. Banovetz and Thomas W.Kelty
How Have Illinois Home Rule Municipalities Used Their Authority?
A recently completed survey(2002), sponsored jointly by the Illinois Municipal League and the Illinois City/
County Management Association, offers new insight into the way home rule governments use their home rule
powers. All Illinois' home rule municipalities were asked how they were using home rule powers.
tablethive
Use of Home Rule Taxing Power, 2002
Kind of Tax No. of Municipalities
Using It % of Total
:VIL11111111al retail sales taxes* 53 60.9
llolcl-1-11,11 l tax 52 59.7
Real (stile 11"1114ertax 31 35.6
`�._llk::,; tax on restaurant food & beverages 22 25.3
t ; {sol ine tax 15 17.2
A1111IStimont tax 12 13.8
Wl1kcl tax 7 8.0
lt,°ta l sale of new motor vehicles tax 2 2.3
Use of Natural (3as 2 2.3
Other 4 4.
Number reporting not using any
114011lc mile tax 14 16,1
*See the disc fon a f sales rcrecs far f2fffher explanarion a f refs fleni.
4
tablesix
The Regulatory Use of Home Ride Po�vers
Question Responses Question # Responses %
Do you use home rule to:
1. Develop regulations on: 2. kilaaae in licensing, or franchising:
Curfew 18 Zia 1 NLIOI- SaleS l 5 t 7
Environrnent t I 13 TOW11-1-U [ruck operators 13 15
Liquor sales or use 35 40 Cable -1--V l 6 18
zotl 111"1 42 48 Utilities 13 15
)111 C F_ Ll Vk2 11il le, CL)11,:L2 I.11_ 13 15 Mobile Honies 9 10
Land use [il-,inii M.,. suhdivision 34 39 1VUI-Sit1c, 110t1WN! 7 8
Control retirement C0111111unities
*Excerpt from:Policy Profiles Vol.2,No. 3 August 2002. Center for Governmental Studies,Northern Illinois University.
Issue: The Uses of Home Rule with Special Emphasis of Taxation.
How Do Voters Feel About Home Rule?
Voter attitudes toward home rule
Voters' attitudes toward home rule appear to have become more positive in recent years. In home rule's early
years, 1971-75, referenda approving home rule outnumbered those disapproving by a 3-1 margin. That margin
slipped to less than 1.5 to I in the 1976-85 period, then fell further to 1-1.3 against in 1986-99 period. But
since the turn of the century, voter approval has turned positive, if just barely. There were 13 referenda on
home rule in the first three years of the 21 st century; home rule was approved in seven of these elections. But
this record combines two very different kinds of elections: adoption referenda and retention referenda.
Adoption referenda
There have been 158 referenda since 1971 in which municipal voters have had the opportunity to adopt home
rule. They did so in 77 of these elections, or 49 per cent. That means voters turned down home rule in 81
elections. In five communities, voters rejected home rule in more than one election. In five others, voters
rejected home rule when it was first put on the ballot, then adopted home rule in a later election. In Lincoln-
wood and Oakbrook Terrace, voters rejected home rule twice before finally adopting it in a third election.
From another perspective, of the 153 communities which have had referenda to adopt home rule, 77, or 50
percent,ultimately did so. Of these 77, 75 communities, or 97 per cent, still operate under home rule powers.
The two who do not are National City, which was dissolved as a municipal corporation when its last residents
moved away, and Lisle, which later abandoned home rule by referendum. In addition to Lisle, three other
communities which gained home rule by referendum also had a subsequent referendum on the retention of
home rule powers. In all of these cases, Berkeley, Lincolnshire and Rolling Meadows, voters opted to retain
home rule.
5
Home rule retention elections
There have been 31 elections in which voters were asked whether or not they wished to keep the home rule
powers already provided to their community. Voters chose in 27 of these elections, or 87 per cent, to retain
their home rule powers. Retention elections occur for either of two reasons: (1)voters dissatisfied with their
community's use of home rule powers may petition the court for a retention election this has happened 25
times; or(2) a community which gains home rule powers by population is required by law to hold a retention
election if its population later falls under the 25,000 ceiling this has happened six times. Of the 25 retention
elections held in response to voter petitions,home rule was retained in 21, or 84 per cent of the elections.
Home rule was retained in all six of the retention elections held because a community's population had fallen
under 25,000. In the aggregate, voters in retention elections chose, by a margin of greater than 2-1, to retain
home rule powers.
Is home rule an issue with voters?
In a survey of all home rule communities undertaken jointly by the Illinois Municipal League and the Illinois
City-County Management Association in 2001-02, communities were asked whether: (1) there had been a
recent effort to submit a petition to call for a retention election to abandon home rule, and(2) there had been
any periodic, significant criticism or attacks on home rule in the community. Of the 83 communities
responding to the survey, 91 per cent answered "no"to both questions. These findings suggest that the use of
home rule powers is not generating significant opposition among voters in communities which already have
home rule. This conclusion also finds support among the referenda record on home rule. Understandably, and
appropriately, the mixed results of home rule adoption referenda indicate that voters considering the adoption
of home rule are very skeptical about giving a broad grant of power, including tax power, to their municipal
government. On the other hand, the support shown for home rule in retention elections indicates that a
substantial majority of voters in home rule communities trust their local officials with home rule powers.
Indeed, in one of the most recent retention elections, held at the request of a voters' petition in Rolling
Meadows in 1999, voters supported home rule by a margin of more than 9-1.
*Excerpted from: Illinois Municipal Review,December 2002,The Status of Illinois Home Rule,
Part I:Home Rule Cities And The Voters,By James M. Banovetz
6
Recent Articles
Written on
Home Rule
Legal Q & A
(Published March 199 7)
By BETH ANNE JANICKI, Chief Legal Counsel, IML and
LORI ANN VERKUILEN, Paralegal, IML
This monthly column examines issues of general concern to municipal officials. It is not
meant to provide legal advice and is not a substitute for consulting with your municipal
attorney. As always, when confronted with a legal question, contact your municipal
attorney as certain unique circumstances may alter any conclusions reached herein.
Q: How does an abstention from voting by a council or board member count?
A: For various reasons, city council and village board members frequently find
themselves abstaining from voting on a particular matter or matters. The question then
arises as to how that vote should be treated. The Illinois Municipal Code is silent
regarding how a vote in abstention should be counted. Thus, we are left to look elsewhere
to determine whether an abstention counts as a "yea" or a "nay" vote.
The Illinois Supreme Court case of Prosser v. Village of Fox Lake is the prevailing
authority on this issue.'In Prosser, a village trustee sought to have the operation of two
village ordinances enjoined because the trustee claimed that three "aye" votes (of a six
member board) did not constitute a "concurrence of the majority" of the board members.?
In Prosser, three board members voted "yea," one voted "nay" and one abstained. The
court was faced with the issue of whether the abstention counted as a "yea" or a "nay"
vote. The court held that where a concurrence of a majority is required by statute for the
passage of a measure, when a member abstains from voting it would be assumed that he
or she concurred with the majority.3 The Prosser court reasoned that:
If a quorum is present, municipal legislators cannot avoid their voting
responsibilities by refusing to vote when present at a meeting. (see
Launtz v. People ex. rel. Sullivan (1985), 113 111 137, see also People
ex. rel. Anderson v. Chicago and Northwestern Ry. Co. (1997) 396 I11
466.)A legal significance or effect must be given to each failure to
vote by a municipal legislator who is present at a board meeting in
order to prevent frustration or abuse of the legislature process (State ex.
Page 1
rel. Young v. Yates (1897) 19 Mont. 239, 47 p. 1004) He should not be
allowed to have his physical presence counted toward the constitution
of a quorum and at the same time be allowed to deny in effect, his
official presence by a failure to vote.4
The Prosser court distinguished between situations where a statute requires an
"affirmative vote" and where a "concurrence of the majority" is required holding, that in
the first instance any abstention would have the effect of a "nay" vote and in the second
instance it would constitute an acquiescence with the majority.5 Thus, the general rule is
that if a statute requires a "concurrence of the majority," the abstention is counted with
the majority vote. The situation, however, may be different if a council member abstains
because of a personal or pecuniary interest in the matter being voted upon. This situation
was discussed in an ISBA Local Government Law newsletter:
Where a member either has been disqualified or abstained because of
interest in the subject matter under consideration, his vote in abstention
does not seem to fall within the general rule of acquiescence, although
some courts have applied that rule. 63 A.L.R. 3d 1072, 1080. While the
corporate authorities of a city or village have the power under state
statutes as well as the Illinois Constitution to adopt their own rules of
order to govern proceedings and voting procedures - and usually have
done so - those rules may not be inconsistent with state statutes. In the
event the municipality possessed home rule powers, it could adopt the
better rule, treating an abstention in these circumstances as if a vacancy
had occurred by reason of death,resignation or disqualification; i.e.:
the total number of members of the corporate authority would be
regarded as having been reduced by the number of members abstaining
because of conflict of interest.6
Thus, if a member abstains because of prohibited conflict of interest as defined in 65
ILCS 5/3.1-55-10 or 50 ILCS 105/3 and 105/4, a question arises as to the effect of that
abstention. There is no case law in Illinois which directly addresses this point. However,
a public officer can violate these provisions without actually voting since the prohibition
is against any interest in a "contract or the performance of any work in the making or
letting of which such officer may be called upon to act or vote.'An officer cannot escape
from being called upon to act or vote. Therefore, any officer having such an interest must
effectively resign from office, since he cannot avoid the prohibition by abstaining from
voting.$Any conviction of the conflict provisions constitutes a class IV felony and,
Page 2
among other penalties, results in removal from office. Thus, a close examination must be
made to determine whether an actual conflict of interest exists since in the event he or she
has an actual conflict, such an official must resign or risk prosecution from committing a
Class IV felony. In the event of such resignation, obviously the total membership of the
board or council would be reduced accordingly, very likely changing the total needed for
a majority or extraordinary majority vote, as the case may be.9 Further, the conflict of
interest provisions provide several exceptions wherein the member is permitted to abstain
from voting. In these situations and also in situations involving common law conflicts,
the abstention would most likely be treated as an abstention for any other reason within
the reasoning set forth in Prosser.
In conclusion, whenever a statute requires the concurrence of a majority of a public body,
an abstention vote is counted as acquiescence with the majority vote. If an affirmative
vote is required, then nothing more than an actual "aye" or "nay" vote will count, and any
attempt to abstain from voting or failing to vote will have the effect of a "nay" vote. In
some situations,however, the statutes will require something different, such as a
"favorable vote" of the aldermen or trustees or a conflict will prevent a member from
voting. The best advice to follow under those circumstances is that of your city or village
attorney.
NOTES
1. 91 Ill. 2d 389 (1982).
2. Section 3.1-40-40 of the Illinois Municipal Code requires that all ordinances be passed
by a concurrence of a majority of all members holding office,unless otherwise provided.
(65 ILCS 5/3.1-40-40).
3. Prosser, 91111. 2d at 395.
4.Id. at 394
5.Id. at 395. See also Lake County Forest Preserve District v. Northern Trust Bank, 207
Ill. App. 3d 290, 265 N.E. 2d 715 (2d Dist. 1990).
Page 3
6. John T. Zimmerman, The Effect of Abstention Voting by Municipal Officials 25 ISBA
Local Government Law, Vol. 6 (March 1989).
7. 50 ILCS 105/3.
8. Peabody v. Sanitary District of Chicago, 330 Ill. 250 (1928).
9. See supra, note 6.
Page 4
■
r 1 es
Of 11
February 2001 Center for Governmental Studies Northern Illinois University
This article may be reproduced Issue: Illinois Home Rule:A Thirty Year A ssessm en t
in its entirety with attribution
to the Center for Governmental
The home rule provisions in Illinois' 1970 constitution represent a
Studies,Northern Illinois unique innovation in the way states bestow power and authority on
University, DeKalb, Illinois. their city and county governments. Through its home rule system,
Illinois gives the broadest and most liberal authority to cities and
counties of any state in the nation. With Illinois now completing
thirty years of home rule experience, the time is appropriate to
undertake a comprehensive assessment of Illinois' experience with
home rule. Such is the task of the following paragraphs.
Mo uses home rule?
Fbw do voters feel about home
At the time of the November 2000 rul e?
elections,Illinois had 147 cities and
villages and one county(Cook)with Because having a referendum on home
home rule powers. Of the home rule rule is relatively easy,there have been
cities, 77 had gained home rule by 191 such referenda—an average of
virtue of their size(all cities over more than 6 per year—in Illinois
25,000 are granted home rule auto- home rule's thirty year history. As
matically unless it is rescinded in a might be expected,the aggregate of
city referendum) and 70 had gained those referenda present a mixed voter
home rule by referendum(the consti- reaction to home rule.Voters sup-
The gives cities under 25,000 this ported home rule in 97 of those
mission of the Center option). A list of current home rule referenda and rejected it in 94 others.
users is provided in Table 1 on the
for Governmental Studies next a e.
p g As Table 2 (on page 3) shows,how-
includes education of the ever,there are three different kinds of
Ironically, although a minority of home rule referenda and each reflects
municipalities and counties have home a different picture of voter attitudes
public on important public rule,over seven million Illinois
toward home rule.
residents live in a home rule commu-
nity—and most have done so for
more than a quarter of a century. Thus
one in a series of policy it is safe to conclude that Illinois
voters have had widespread experi-
ence with home rule.
objective view of an issue.
Page 5
2 Center for Governmental Studies
Northern Illinois University
p d i cyp roles
t abi eone I-bme RiI e lhi is i n I I I i not s as of November 2000
Cities and villages adopting home rule by referendum have the date of the referendum indicated.
Those with no date gained home rule automatically because of population size.
I. Counties
Cook
II. GtiesandMllages
Addison Des Plaines Mascoutah, 1979 Rock Island
Alton Dolton Maywood Rolling Meadows, 1985
Alsip, 1990 Downers Grove McCook,1971 Rosemont,1972
Arlington Heights East Hazel Crest, 1989 Mettawa, 1990 St.Charles
Aurora East St.Louis Moline Sauget, 1976
Barrington Hills, 1990 Elgin Monee, 1996 Schaumburg
Bartlett Elk Grove Village Monmouth,1999 Schiller Park, 1994
Bedford Park, 1971 Elmhurst Morton Grove Sesser, 1989
Belleville Elmwood Park Mound City, 1973 Skokie
Bellwood, 1994 Elwood, 1997 Mount Prospect South Barrington, 1975
Berkeley, 1994 Evanston Mt.Vernon, 1986 South Holland
Berwyn Evergreen Park, 1982 Muddy, 1981 Springfield
Bloomingdale,1996 Fairview Heights, 1993 Mundelein Standard, 1975
Bloomington Flora, 1975 Murphysboro,1994 Stickney, 1974
Bolingbrook Freeport Naperville Stone Park, 1972
Bryant, 1974 Galesburg Naples, 1982 Streamwood
Buffalo Grove, 1980 Glendale Heights Niles Sycamore,1996
Burbank Glen Ellyn Normal Thornton,1980
Burnham,1980 Glenview Norridge,1973 Tinley Park
Cahokia, 1997 Glenwood, 1986 Northbrook University Park, 1975
Calumet City Golf, 1976 North Chicago Urbana
Calumet Park, 1976 Granite City Northlake, 1994 Valmeyer,1994
Carbondale Gurnee Oak Forest Washington, 1998
Carol Stream Hanover Park Oak Lawn Watseka
Carpentersville,1993 Harvey Oak Park Waukegan
Champaign Harwood Heights, 1995 Old Mill Creek, 1993 West Dundee, 1990
Channahon,1982 Highland Park Orland Park Wheaton
Chicago Hillside, 1995 Palatine Wheeling, 1977
Chicago Heights Hodgkins,1996 Park City, 1973 Wilmette
Chicago Ridge, 1994 Hoffman Estates Park Forest Woodridge, 1975
Cicero Inverness,2000 Park Ridge
Country Club Hills, 1993 Joliet Pekin
Countryside,1972 Kankakee Peoria
Crystal Lake Lake Barrington, 1991 Peoria Heights, 1986
Danville Lansing Peru, 1981
Darien Lincolnshire, 1975 Quincy
Decatur Lincolnwood,1997 Rantoul,1982
Deerfield, 1975 Manhattan, 1996 Robbins, 1998
DeKalb Marion, 1994 Rockdale,1982
Page 6
Center for Governmental Studies
Northern Illinois University
p d i cyp roles
t abl etwo I-bme Ril e Werenda F;b=d
Total Total Peferenda Municipal Municipal County
Number For+or Against- Pdoption Fbtention Adoption
Of F-bme Rile Referenda Referenda Fbferenda
Years P--ferenda + - %+ + - + - + -
1971-75 36 20 16 56 19 7 1 0 0 9
1976-80 42 21 21 50 8 17 13 2 0 2
1981-85 23 16 7 70 9 5 7 2
1986-90 27 11 16 41 9 16 2 0
1991-95 36 17 19 46 15 19 2 0
1996-2000 27 12 15 44 12 15
Totals 191 97 94 51 72 79 25 4 0 11
Note: Table summarizes all home rule referenda held prior to November 2000.
November 2000 data not available when this report was prepared.
ment by encouraging the use of elected Madison) adopted this plan. Many
Do county voters support home county executive officers—an office other counties have passed ordinances
rule? previously used only in Cook County. creating the office of county adminis-
The framers used home rule as an trator to strengthen the executive
No. Nine counties held a total of inducement to the voters to adopt such function in county government.
eleven referenda between 1972-76 to a change. Instead,by combining two
adopt home rule. All failed by substan- separate issues in one referendum,the The fact that these structural changes
tial margins. In the aggregate, county framers effectively blocked the have taken place but county home rule
voters rejected home rule by a margin adoption of either an elected county has still not been adopted by referen-
of 3-1. No county has attempted such executive or home rule. dum further emphasizes county voters'
a referendum since 1976. rejection of home rule for counties
But the legislature later gave voters other than Cook.Voters in Cook
But the picture is more complex. The another option: a county executive County have never attempted to
framers of Illinois' 1970 constitution plan without home rule. Voters in rescind county home rule.
wanted to strengthen county govern- several counties (e.g. Kane, Will,
Page 7
4 Center for Governmental Studies
Northern Illinois University
p d i cyp roles
Are city and vi I I age voters more t abl ethree Herne RbI e Fbtent i on Werenda
supportive of home rule?
Year Community CLtcome Year Community CLtcome
Yes.In home rule adoption referenda, 1972 Danville Retain 1981 Dolton Retain
home rule support and opposition have
been much more evenly divided. There 1976 Aurora Retain Calumet City Retain
have been 151 municipal adoption Park Ridge Retain Lombard Abolish
referenda: voters in 74 referenda voted
to adopt home rule;voters in the 1977 Elgin Retain Maywood Retain
remaining 79 referenda voted not to Lisle Abolish South Holland Retain
adopt home rule.
1978 Rockford Retain 1982 Evergreen Park Retain
But some communities have had more Rock Island Retain Rantoul Retain
than one referendum. Alsip, 1979 Decatur Retain 1983 Rockford Abolish
Bloomingdale, Lincolnshire, Sesser,
and Stickney voters first voted to Glenview Retain 1985 Berwyn Retain
reject home rule and later voted to 1980 Elmwood Park Retain 1987 Pekin Retain
adopt it. Lincolnwood voters twice
voted to reject home rule and then Highland Park Retain 1990 Decatur Retain
adopted it in the third referendum. Lincolnshire Retain 1992 Berwyn Retain
Long Grove voters have rejected home
rule in three different referenda. Lisle Morton Grove Retain Park Forest Retain
voters first adopted home rule and two Peoria Retain
years later voted it out. Correcting for
these multiple referenda,the final Villa Park Abolish
figures emerge: 141 communities have Wilmette Retain
had one or more referenda on whether
to use home rule. Of these, 72 adopted Referenda Retaining Home Rule: 25
home rule and 70 continue to use it.
(Besides Lisle,National City also once Referenda Abolishing Home Rule: 4
had home rule,but the community Total Retention Referenda: 29
ceased to exist when the last of its 45
residents moved away).
such referenda;voters have opted to
De voters in communities with retain home rule in 25 or 86 per cent
home rule support the home rule (see Table 3 above). In the aggregate,
system? voters living in home rule communi-
ties have opted,by a margin of 3-2,to
Home rule's greatest voter support,by retain their community's home rule
far,has come in referenda held to powers.
decide whether or not a community's
existing home rule system should be
retained. There have been a total of 29
Page 8
Center for Governmental Studies
Northern Illinois University 5
p d i cyp roles
Of the four communities which had legislative mandates. They stress the Morton Grove home rule ordinance
and then abandoned home rule,the greater flexibility home rule gives prohibiting hand gun ownership.
voters in two—Lisle and Rockford local governments to deal with issues However, the Illinois Supreme Court
—reacted negatively to actual or of community development, to prevent ruled in 1984 that the ordinance did
proposed home rule use. In two others community blight, and to shift local not violate any constitutional rights
—Lombard and Villa Park—voters tax burdens to non-residents,primarily under either the Illinois or U.S.
rejected home rule in the mistaken through sales and use taxes. constitutions. (Kalodimos v Morton
assumption that it would lower their Grove, 1984).
taxes (mistaken because their home Opponents of home rule focus upon
rule powers had not been used to levy the threat of unwanted and excessive Anticipating the potential for abusive
any taxes). taxation under home rule govern- use of home rule powers, the framers
ments. Sometimes,too, opponents of the 1970 Illinois constitution
The experience of these four commu- argue that home rule gives local established constitutional safeguards
nities demonstrated that voters can, governments the power to suppress to prevent such abuses. There are three
when motivated to do so, abolish an individual rights. kinds of such safeguards: electoral
operating home rule system. recision discussed above, legislative
Mat does the record show on preemption, and judicial review. The
Sc), how do voters feel about home these Issues? latter two are discussed in the follow-
rule? ing paragraphs.
There is a diverse body of evidence
In the 152 Illinois local governments that indicates that home rule communi- Mat is legislative preemption and
that have tried home rule in the last ties have used their more flexible how has it worked?
thirty years, 147, or 97 per cent, still powers in innovative ways to address
have it. Voters in only 26 of these local problems. The most commonly Recognizing that there would be
communities, or 17 per cent,have cited uses of home rule powers have overlaps between state and local
even challenged the system with a involved economic development, governments in the exercise of power,
retention election. In short, where control of community development, the Illinois constitution gave the
home rule has been tried in Illinois, reduced borrowing costs, and local tax Illinois General Assembly the author-
voters have been supportive of it. burdens shifted to non-residents. ity to preempt or take away home rule
powers by a 3/5ths vote of both houses
Mat issues have concerned Opponents argue that home rule brings or to provide for the exclusive state
voters? much heavier tax burdens for local exercise of a power by a simple
residents. Their claims rely on anec- majority vote of both houses. These
Supporters of home rule have pointed dotal,not empirical evidence. Surpris- provisions give the legislature broad
to the value of local authority and ingly,they do not cite their most leeway to reduce home rule powers.
flexibility to address local problems, compelling case—the City of Rock- But,while the Assembly has used its
lessened dependence upon the state ford—where voters abolished home preemption powers to deal with
legislature, and more freedom from rule after the city council enacted a specific issues,it has not seriously
series of property tax increases. eroded the home rule authority set
forth in the constitution.
In contending that home rule powers
are used to suppress individual rights,
opponents of home rule cite the
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6 Center for Governmental Studies
Northern Illinois University
p d i cyp roles
In some respects,the legislature has Third,the legislature has established In the last ten years,the legislature
been supportive of home rule power. exclusive state authority over certain also initiated the practice of "partial
It has, for example, stipulated by law personnel policies in local govern- exemptions"—imposing obligations
that no legislative enactment shall be ment. Again,the legislature has or denying powers to some but not all
construed as restricting home rule protected the obvious benefits that home rule units. To date,partial
power unless that enactment has stem from uniform state-wide prac- exemption laws have treated Chicago
"specific language limiting or deny- tices, such as state-wide municipal differently than other home rule units.
ing"the home rule power. employee retirement programs, in this This practice weakens home rule by
field. splitting the block of legislators who
Except for a series of bills restricting represent the interests of home rule
home rule authority to license or Fbs the legislature preempted any governments in the legislature. The
regulate specific occupations,the home rule tax powers? result has been preemptions of home
General Assembly did little in home rule powers that local governments
rule's first 15 years to limit home rule The final category is legislative action have been unable to prevent.
powers,but such limitations have taken to limit home rule tax powers.
become more common in the last 15 The legislature imposed a referendum HDw has judicial review affected
years. requirement on the use of a real estate home rule powers?
transfer tax, effectively limiting further
Legislative limitations can be grouped use of the tax. It also eliminated home Specific uses of home rule powers
into several categories. In one category rule authority to impose local sales have often been challenged in the
are laws like the Open Meetings Act taxes. In the latter instance,however, courts which, in turn,have frequently
and statutes containing state-wide it authorized home rule units to raise but not always upheld a liberal
rules governing public labor relations. the rate of the local portion of the state interpretation of home rule powers.
These apply state-wide principles of sales tax levy. Thus,while limiting For example,besides the Morton
good government to home rule units. home rule power and flexibility,the Grove handgun ordinance, the courts
A second category has clarified the legislature protected home rule access have upheld: the sale of general
state's exclusive role in regulating to additional revenues from the use of obligation bonds without a referendum
certain businesses and activities. For the sales tax(called the retail occupa- (Kanellos v County of Cook, 1972); a
instance,to reduce drunk driving tion tax in Illinois law). home rule ordinance that authorizes
accidents, the legislature took away actions contrary to state statutes
home rule powers to set minimum Perhaps most important is what the (Rozner v Korshak, 1973), and a home
ages for the purchase of alcoholic legislature has not done. It has not rule ordinance that legislates concur-
beverages,but it also eliminated authorized local use of an income tax; rently with the state on environmental
particular drinking age problems it has not imposed a limit on real matters (Chicago v Pollution Control
which had faced communities with estate taxes levied with home rule Board, 1974).
college campuses. powers; and it has not imposed limits
on borrowing and indebtedness by
home rule units. Furthermore,the
legislature has exempted home rule
units from complying with tax caps
recently imposed on the annual rate of
increase in local property taxes.
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Center for Governmental Studies
Northern Illinois University
p d i cyp roles
But the courts have also been willing As the body of case law regarding
to constrain home rule uses it views as home rule has grown,the courts have
excessive. It refused, for example,to tended to reaffirm the precedents set in
enforce a Des Plaines noise pollution the early years. For instance,the courts
ordinance against a railroad,holding reaffirmed, in 1998,that, despite
that noise pollution was a matter ordinances to the contrary,home rule
requiring regional or state-wide rather municipalities have a duty to bargain
than local regulation(Des Plaines v collectively with employee unions
Chicago &Northwestern Ry., 1976). (Public Labor Council v Cicero,
It struck down ordinances altering the 1998); and they reaffirmed the prin-
statutory appointment powers of ciple that implied preemption is not
municipal officials, (Pechous v sufficient to deny home rule communi-
Slawko, 1976), and an ordinance ties the power to regulate matters of
imposing a local fee on filing cases in local affairs (Bolingbrook v Citizens
civil court(Ampersand v Finley, Utility Co, 1994; Barrington Police
1975). Pension Fund v Barrington Ethics
Board, 1997). The Supreme Court has
The courts have treated the use of also upheld partial preemption(Nevitt
home rule taxing powers in a similar v Langfelder, 1993).
manner. They have: upheld home rule
wheel taxes (Gilligan v Korzen, 1974), So what does al I of this mean for
upheld Chicago's employers' expense Illinois' home rule system?
tax(Paper Supply v Chicago, 1974),
and approved a home rule admissions All of this means that the home rule
tax(Cicero v Fox Valley Trotting system adopted in Illinois as part of
Club, 1976; Kerasotes Rialto Theatre the state's 1970 constitution has
v Peoria, 1979),but they struck down demonstrated after thirty years,that it
home rule utility tax levies which is a workable system for empowering
exceeded statutory rate limits local governments. Illinois home rule
(Waukegan Community Unit School has served, and continues to serve over
District v Waukegan, 1983). seven million people in 148 local
governments. It gives residents in non-
The courts thus have demonstrated home rule counties, cities, and villages
that they will constrain home rule additional options when searching for
actions they deem to be beyond the new ways to solve community prob-
scope of constitutional and statutory lems.
restrictions.
Page II
pd i cyprofiles
Center for Governmental Studies
Northern Illinois University
Page 12
The J-1 o[
Regional
Analysis
JRAP(2002)32:1 —& Policy
Local Government Revenue Structure: Does
Home Rule Matter?
Tom Rooney*
Abstract. This paper focuses on the question of whether home rule authority
as granted under the Illinois Constitution results in changes in municipal
tax structure and tax effort. Analysis of the data collected for this paper
shows that home rule authority is not a significant factor in the level of
taxation imposed by a municipality. Home rule authority appears to be
more valuable for regulatory purposes than for its taxation powers.
1. Introduction
On December 29,1998,a group of citizens in the city of Rolling Meadows
submitted petitions containing over fourteen hundred signatures to the City
Clerk's office. The petitioning citizens were concerned that the city's eco-
nomic development projects were becoming extravagant. The city council,
according to the petitioners,had broken its self-imposed property tax caps to
finance a few large economic development projects. Rolling Meadows is a
city with home rule authority;accordingly,it is not subject to the State of Illi-
nois'property tax legislation. The council wrote its own tax cap legislation
in 1992,but it amended this legislation in 1997"to issue bonds for the$2.8
million in public improvements the city is funding as part of the 3Com deal
[an incentive package to bring 3Com Corporation to Rolling Mead-
ows]."(Wandling 2001) The petitioners felt that the city council needed to be
restrained through some mechanism that the council had no authority to al-
ter on its own. The petitioners chose to attempt to limit the city council
through the following referendum question:
"Shall the City of Rolling Meadows,presently a Home Rule municipality,elect
to become a Non-Home Rule Municipality?"
Passage of this referendum would repeal the city's home rule authority in its
entirety.
'Thomas Rooney is a high school social studies teacher in the Chicago suburbs and a 2001
graduate of the Master of Public Administration program at Northern Illinois University.
Page 13
68 Tom Rooney
While approximately 10% of the municipalities in Illinois possess home
rule authority2 and many have had home rule for decades,the example of
Rolling Meadows shows that home rule authority cannot be taken for
granted. The referendum in Rolling Meadows also illustrated a more com-
plex issue. During the discussion and debate on the referendum,some sig-
nificant issues were without clear answers. Citizens on both sides of the ref-
erendum hypothesized about the possible impact of the loss of home rule in
the areas of revenue,regulation,etc. Hypothesizing was necessary for the
simple reason that many significant points have no clear precedents for
guidance.
Perhaps the most significant issues without clear answers were those re-
garding taxation. The proponents of the referendum argued that revoking
the city's home rule status would decrease the taxes paid by the citizens of
Rolling Meadows. Numerous petition signers reported that they had signed
the petition because the petition circulator told them that the main benefit of
becoming a non-home rule municipality was tax reduction. Referendum
supporters asserted that if Rolling Meadows were without home rule author-
ity,the tax burden of Rolling Meadows residents would decrease. On the
opposite side of the argument,the opponents of the referendum argued that
taxes would actually increase if the city lost its home rule authority. Their
reasoning was that the city could be forced to stop collecting certain taxes
and would be forced to cover the shortfall with increases in the taxes that
remained.
Since the city council's self-imposed tax cap was at issue,referendum
proponents argued that one implication of the referendum would be a
tighter cap on property taxes. The loss of home rule status would make Roll-
ing Meadows subject to the state's tax caps. In Illinois,non-home rule units
are subject to the state Property Tax Extension Limitation Law,or PTELL.
PTELL is a state mandate that limits annual increases in property taxes to the
inflation rate or five percent,whichever is smaller. If a non-home rule unit
wishes to increase its rate of taxation beyond these levels,it must receive ap-
proval for the increased rate directly from the voters. Home rule units are
not subject to the provisions of PTELL. While a home rule unit,the council
could ignore its own tax cap;as a non-home rule unit,the council could not
ignore the state's tax cap. The opponents of the referendum responded that
this position would lead to an inevitable contradiction.They asserted that a
drastic increase in the property tax(among others)would be necessary to
compensate for any lost forms of taxation,and the increase would break the
very tax cap that the referendum supporters were trying to protect.
Another direct implication of the proponents of the referendum was that
non-home rule units had lower overall tax burdens than home rule units.
This line of argument is also common when municipalities have referenda to
2 Rolling Meadows Review,editorial,March 25,1999.
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Local Government Revenue Structure 69
establish home rule authority. The assertion is that certain taxes are not
available to non-home rule units and that these governments are therefore
strictly limited in their ability to tax. Some other taxes,like the property tax,
would be limited in growth and subject to other restrictions. Other taxes
would have to be scaled back. Some would even have to be revoked. All in
all,the argument went,the citizens of Rolling Meadows would get signifi-
cant tax relief if the city lost its home rule authority.
The story of the referendum itself ended on April 13,1999,when the vot-
ers of Rolling Meadows overwhelmingly rejected it with a 93% to 7% margin.
However,the story of the actual substance of the debates over taxation re-
mains unfinished. The loose ends from the electoral provided the genesis for
this research project. The arguments involving taxation were discussed hy-
pothetically by making assumptions about individual taxes,but no one
really knew what the overall revenue picture of non-home rule units looked
like compared to that of home rule units. This project is an effort to make
such a comparison.
2. A Review of the History of Rule
The concept of home rule turns around the relationship that usually ex-
ists between states and municipalities. As the usual relationship is described
in Dillon's Rule,municipalities exist only as creatures of the state. Accord-
ingly,it follows that municipalities may only exercise powers that have been
expressly given to them by the state. Under home rule,that presumption is
turned around. A home rule municipality may exercise any powers that
have not been denied to it by the state.
The home rule concept was first put into practice in the state of Missouri
in 1875 (Small 1970). In that year,Missouri adopted its third state constitu-
tion"with the Southern element back in power' after ten years under a
Radical Republican,Reconstruction constitution (Encyclopedia Americana
1992). The Missouri Constitution of 1875 is often cited as the beginning of
home rule authority and readers can be left with the impression that the
home rule gates were thrown wide open,at least in Missouri. In reality,the
Missouri constitutional provision only provided home rule to two cities,St.
Louis and Kansas City,in seventy years. Parallel to provisions in Illinois
statutes designed to single out Chicago,home rule in Missouri was only
granted to cities with a population of more than 100,000 persons(Cole 1973).
(Illinois'practice of classification singles out Chicago through a 500,000 per-
son threshold.) St.Louis was therefore the only home rule city in Missouri
for nearly the first quarter century of home rule. Kansas City did not reach
the population threshold for home rule until 1899,almost 25 years after the
famous Missouri home rule provision was written. No other Missouri cities
attained home rule status until the population threshold was lowered to only
10,000 inhabitants in 1947(Cole 1973).
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70 Tom Rooney
In the century and a quarter history of home rule,it has expanded to the
point where"home rule,in one of its variants,is the practice in forty-five
states."(Wandling 2001 p.14)
At the turn of the 20th century,only Missouri,California,Washington,
and Minnesota had provisions for municipal home rule(Wandling 2001,p.
11). By 1912,the number of states granting home rule authority had grown
to 13,and by 1937 only 21 states provided for home rule (Wandling 2001,P
11-13). In 1970,when Illinois granted home rule authority to its municipali-
ties,it was the thirty-sixth state to do so(Small 1970,p.235-36). Since 1970,
nine more states have brought the total to 45.
3. A Review of Home Rule in Illinois
The creation of municipal home rule in 1875 came five years too late to
benefit Illinois'municipalities. The Illinois Constitution written in 1870,Illi-
nois'third constitution,would remain in effect for an entire century. It is
certainly true that Illinois could have taken the legislative route to establish-
ing municipal home rule,and that Illinois could have taken the constitutional
route through a simple amendment. In fact,the Land of Lincoln did dabble
in both procedures during the hundred year period of the third constitution.
For example,a 1904 amendment to the constitution"provide[d] some home
rule powers for the city [of Chicago]."(Cole 1973,p.13) While these limited
powers were of use to Chicago,they were not a grant of true home rule au-
thority. In Alice Ebel's review of the 1870 Constitution for the 1970 Conven-
tion,Ms.Ebel used the phrase"so-called'home rule'for Chicago" (Ebel 1970,
p.235) to clarify that the powers granted through this amendment which
were commonly called home rule powers were not a true grant of home rule.
As home rule powers were granted to municipalities through the 1970 Il-
linois Constitution,rather than the legislature,one should begin with the
1970 constitution in describing Illinois'particular brand of home rule. The
specific grant of home rule authority is found in Article VII,Section 6 of the
constitution.3 The array of powers which are given the collective title"home
rule" are given in the following language: "Except as limited by this Section,
a home rule unit may exercise any power and perform any function pertain-
ing to its government and affairs including,but not limited to,the power to
regulate for the protection of the public health,safety,morals and welfare;to
license;to tax;and to incur debt."4 The significant limitations of"this Sec-
tion"itself are:
a) Home rule units have constitutional limits on their taxing power. No ad
valorem property tax receipts may have a maturity period longer than
3 All citations of the Illinois Constitution come from 1970 Illinois Constitution Annotated,David R.
Miller,Illinois Legislative Council,1980.
4 Article VII,Section 6,Subsection(a)
Page 16
Local Government Revenue Structure 71
forty years. Home rule units may not"license for revenue or impose
taxes upon or measured by income or earnings or upon occupa-
tions."5
b) Home rule units have constitutional debt limits. The General Assembly
may,by a three-fifths vote,limit debt incurred which is payable
through any funds other than ad valorem property tax receipts.
When debt is secured through property taxes,the General Assembly
may set limits and require referenda for any amounts over the follow-
ing limits:
"(1) if its population is 500,000 or more,an aggregate of
three percent[of the assessed value of its taxable prop-
erty].
(2) if its population is more than 25,000 and less than
500,000 an aggregate of one percent[of the assessed
value of its taxable property].
(3) if its population is 25,000 or less,an aggregate of one-
half percent[of the assessed value of its taxable prop-
erty]." 6
c) Home rule units have constitutional limits on their power to punish. No
home rule unit may"define or provide for felonies,"7 nor can any
home rule unit define or provide for any Class A misdemeanors
without specific statutory authority from the General Assembly.
In addition to the constitutional limits on home rule authority,legislative
restrictions are also allowed. The General Assembly's authority to limit
home rule legislatively is divided into two classes,each with a different vot-
ing threshold. The state legislature may preempt home rule authority by
simple majority when it is willing to reserve for itself the exercise of a spe-
cific power. In these cases,the state must be willing to shoulder the burden
in order to deny a particular power to home rule units. The second class in-
volves situations in which the state does not wish to take control of the issue
but still wishes to restrict the municipalities from doing so. In such cases,the
standard Illinois supermajority vote,three-fifths,is required. Through ei-
ther of these mechanisms,the state must be willing to put a certain degree of
extra effort into attempts to restrict home rule powers.
While the Illinois Constitution constrains home rule municipalities in the
ways described above,it provides some important protections for them as
well. For example, Cook County is constitutionally a home rule county,and
other counties could choose to meet the constitutional criteria to become
5 Article VII,Section 6,Subsection(e)(2)
6 Article VII,Section 6,Subsection(k)
7 Article VII,Section 6,Subsection(d)(2)
Page 17
72 Tom Rooney
home rule counties. The 1970 Constitutional Convention rejected a proposal
which would have made county home rule dependentupon a population
threshold of 100,000. Instead,the Convention decided that county home rule
needed a county executive to be effective,so the presence of such an execu-
tive officer is the constitutional requirement for county home rule (Cole 1973,
p.17). Jurisdictional disputes between a county and its home rule munici-
palities could be very problematic without some standard for decision. The
framers of the Illinois Constitution provided such a standard,and the stan-
dard is favorable to the municipalities: "If a home rule county ordinance
conflicts with an ordinance of a municipality,the municipal ordinance shall
prevail within its jurisdiction."S Further,the General Assembly is prohibited
by the Constitution from interfering with home rule municipalities in the
area of special services assessments. Finally,the last subsection of Section 6
states that"Powers and functions of home rule units shall be construed lib-
erally."9 These provisions form a solid basis that gives home rule authority
real substance in Illinois.
4. Project Design
Database
To test the hypothesis that home rule authority increases the tax burden
placed upon residents and businesses of a city,a database was created to
support various statistical analyses. The two hundred and sixty-seven
municipalities in Cook County and the"collar counties" of DuPage,Kane,
Lake,McHenry,and Will Counties were chosen for this study. Mr.Allan
Mayer of the Illinois Comptroller's office completed a basic study of all
Illinois municipalities in the Comptroller's FY 1999 Fiscal Report Card. For
this project,however,Cook and the collar counties were chosen:
a) to limit the scope of the study,and
b) to recognize the reality that this area,comprising almost two-thirds
of the population of Illinois10,is qualitatively different from"down-
state"
Additionally,according to Mr.Mayer's report,there are 110 home rule
municipalities in Illinois. Of those municipalities,103 are in the six counties
studied here.
Information from these cities was coded to allow basic analysis of reve-
nue structure. The database itself contains the following general fields:
8 Article VII,Section 6,Subsection(c)
9 Article VII,Section 6,Subsection(m)
10 Ibid.
Page 18
Local Government Revenue Structure 73
• County of the municipality • Per capita own source revenue
• Name of the municipality • Own source as a % of revenue
• Presence of home rule authority • Property tax rate
• Population • Property tax revenue
• Equalized Assessed Value • Property tax as a % of revenue
• Per capita EAV • Property tax as a % of own source
• Total revenue • Sales tax as a % of revenue
• Per capita revenue • Sales tax/property tax ratio
• Per capita revenue • Municipal library
• Own source revenue • Municipal fire department
In addition to these basic fields,a larger version of this database contains
additional fields to note the presence or absence of various specific assess-
ments in the total property tax levy.
Data Collection
The information for this project came from various places. A list of mu-
nicipalities in the six counties was obtained from the Illinois Municipal
League(IML). The IML's list indicated the home rule status of the municipal-
ity,and it provided a method for coding municipalities that happen to cross
county boundaries.
The information regarding municipalities with multiple county jurisdic-
tions was further refined with documents from the Illinois Department of
Revenue(IDOR). The Department's"Sales Tax Receipts Reported by Stan-
dard Industrial Classification'contains a front section listing cities with mul-
tiple jurisdictions. Where the IML list and IDOR list differed,the IDOR list
was given precedence.
The IDOR document was also the source of the sales tax information in
the database created for this project. Both the fields for state sales tax re-
ceipts and home rule sales tax receipts were completed with information
from this document. For these variables,the numbers in this sheet were
given precedence over other information,such as the financial database from
the Illinois Comptroller's office. The comptroller's sales tax data often varies
from that of the IDOR document,although the variations are within reason.
It is the author's assumption that the IDOR document contains more stable
data because of its status as the primary source. The comptroller's data is a
compilation of data supplied by the municipalities through their annual fi-
nancial reports. Additionally,the differing fiscal years of the municipalities
could,in theory at least,alter the data,as could the distinction between the
liability periods and the collection periods of the taxes. The IDOR document
identifies its data as"for the liability period(s) of January 1,1999 thru [sic]
December 31,1999,collected in February 1,1999 thru [sic]January 31,2000."
This data is therefore reliably uniform,in addition to being the primary
source of such information.
Page 19
74 Tom Rooney
The comptroller's database is the main source used in this project for
each of the variables concerning the revenue ratios. In each of the fields that
have a total revenue figure as part of the calculation,the total revenue
amount was taken from the comptroller's database. The different fields
separating own source revenue from intergovernmental revenue were also
compiled using information from the comptroller's database. The term"own
source revenue"was operationally defined to include the following catego-
ries from the comptroller's data:
• Property Tax • All licenses and permits
• Sales Tax(HR or referendum ROT) • Fines and forfeitures
• Utility Tax • Charges for service
• Other local taxes 0 Interest
• State sales tax • Miscellaneous
Another large portion of the data in the fields for this project came from
the individual municipalities'tax extension records on file in each county
clerk's office. Records were obtained from the clerk's offices in the counties
of Cook,DuPage,Kane,Lake,McHenry,and Will. These records contained
the Equalized Assessed Values(EAV)of the communities,the total property
tax rates,and the separate property tax rates for each fund. There were cases
in which one county's EAV figures were different(within reason)from those
of another county with jurisdiction over the same municipality. In these
cases,the figure of the county that controlled a greater portion of EAV was
used.
5. Data Analysis
Ms. Carol Reckamp of the Comptroller's Chicago office estimated a 95%
compliance rate for municipalities submitting proper Annual Financial Re-
port(AFR)data.11 This compliance rate is accurate in the sample of six coun-
ties used for this project. Of the 267 municipalities examined in the six coun-
ties,13 did not appear in the comptroller's AFR data. These municipalities
are: Blue Island,Dixmoor,Dolton,Greenwood,Lily Lake,Lyons,Markham,
Melrose Park,Minooka,Monee,Prospect Heights,Robbins,and Trout Val-
ley. Other municipalities either provided insufficient information to the
comptroller's office or the Comptroller's database contained errors which
could not be rectified by theauthor and which resulted in incomplete infor-
mation. Municipalities with incomplete information were: Elburn,River-
woods,Union,and Westchester. These municipalities were removed from
statistical analysis for any variable calculated with incomplete information.
11 Phone interview between Ms.Reckamp and the author,February 2001.
Page 20
Local Government Revenue Structure 75
Dummy variables used to control for the presence of municipal libraries
and municipal fire departments turned out to be critical to the data analysis.
These controls were not in place when some of the preliminary regressions
were run. In these preliminary regressions,some very fundamental relation-
ships that must be true for home rule communities did not appear to be sup-
ported by the data. Once the data accounted for the presence of municipal
libraries and municipal fire departments,the values produced by the regres-
sions changed.
Hypothesis#1: Property tax revenue will be a smaller proportion of own
source revenue in home rule units.
The reasoning behind the hypothesis seems intuitive. Home rule units
have the ability to generate revenue from sources that are unavailable to
non-home rule units. It seems logical to assume that home rule units would
avail themselves of their additional tax authority and be less dependent
upon property tax. However,the data do not support this hypothesis. The
proportion of revenue that is derived from property tax seems to be slightly
lower than non-home rule units,but the finding is not statistically signifi-
cant. The factors of:
a) the proportion of total revenue derived from sales tax,and
b) the presence of a municipal fire department were statistically signifi-
cant indicators.
A larger proportion of sales tax is directly related to a smaller proportion
of property tax revenue,as might be logically deduced. However,this con-
nection is not directly affected by home rule. One would be tempted to think
that home rule communities would be likely to have a greater proportion of
revenue derived from sales tax;after all,they have the authority to assess an
additional sales tax in 0.25%increments. Non-home rule units did not pos-
sess this ability during the time period studied in this project. This assump-
tion turns out to be false. The correlation between proportion of sales tax
revenue and home rule authority is not statistically significant. Indeed,one
need only take a cursory look at the communities that obtain one-third or
more of their revenue from sales tax. More than half of these communities
are non-home rule units. Of the home rule units in this category,the major-
ity of them do not assess an additional home rule sales tax. The proportion
of revenue comprised of sales tax does not have a significant connection with
home rule.
Similarly,the presence of a municipal fire department is also not directly
related to home rule authority. Many cities without home rule authority
have municipal fire departments,and some home rule communities are
served by fire protection districts rather than municipal departments.
Page 21
76 Tom Rooney
Home rule does not have a significant impact on the property tax per-
centage of own source revenue,and the significant impact of the proportion
of sales tax revenue is not related to home rule.
Hypothesis#2: Own source revenue will be a higher proportion of total
revenue in home rule units.
Again,this hypothesis seems intuitive. With additional own source tax
possibilities available to home rule units,one would think that home rule
units would generate more own source revenue. Nevertheless,the data do
not support this hypothesis. When tested with some variables,home rule
only increases this proportion slightly;when tested with other variables,
home rule only decreases this proportion slightly. More importantly,in all
tests,home rule authority is not a statistically significant factor. Of the vari-
ables tested,per capita EAV is directly correlated at a significant level(with a
very minor positive effect)and proportion of sales tax is directly correlated
at a significant level(with a more pronounced positive effect). There is no
hidden home rule impact in either variable.
Hypothesis#3. Per capita revenue will be higher in home rule units.
To come full circle,a form of the hypothesis of the Rolling Meadows pe-
titioners was tested. The petitioners argued that the taxes of home rule
communities were higher than those of non-home rule units. Their reason-
ing also seemed intuitive;home rule units can tax more,so they will. Per
capita revenue seemed to be a good choice as a measurement of the level of
taxation. Regressions with per capita revenue as the dependent variable do
not support the petitioners'hypothesis. To give the petitioners their due,
home rule units do seem to have higher per capita revenue,but the data
show that the connection is spurious. Home rule authority is not statistically
significant as a determinant.
6. Conclusions
The data show that home rule authority is not significant determinant of
a community's taxation level,even when considering the level of taxation
under different operational definitions.These findings confirm the findings
of Allan Mayer of the Illinois Comptroller's Office. In a study of the data of
all municipalities in Illinois,Mr.Mayer found that"other factors [than home
rule authority]are more likely to determine a municipality's dependence on
property taxes (Mayer ND)." On the basis of the data for this report,the
same conclusion can be made regarding the proportion of own source reve-
nue and the general level of taxation. Home rule is not a key factor. For the
questions regarding general level of taxation,further study must be done;
the data in this report do not point to any critical factors.
Page 22
Local Government Revenue Structure 77
The question remains,then: Why does home rule authority not have the
effect on taxation that either side in the Rolling Meadows home rule debate
expected it to have?
A plausible explanation would seem to be that home rule authority is
really more about regulation and other municipal powers that are not related
to taxation. Some anecdotal evidence supports this conclusion. In a previ-
ous phase of this project,information was obtained from the four cities in
Illinois whose home rule authority was revoked: Lisle,Lombard,Rockford,
and Villa Park.
Interviews with various officials in these cities showed a common pat-
tern. All the officials stated that their towns were not particularly interested
in trying to regain home rule authority. Mr. Bill Lichter,Village Manager of
Lombard,stated that if his village were to become interested in regaining
home rule,the taxation issues would not be the driving force. From his per-
spective,the only revenue issue of any concern was the restriction of non-
home rule units in their use of revenue raised by the hotel/motel tax. The
rest of the discussion involved regulation issues,not financial issues. Mr.
Ron Schultz,Legal Director of the City of Rockford,also said that his city
would,hypothetically,be more interested in the regulatory powers of home
rule than the taxation powers. As an example,he cited the fact that the City
of Rockford used to be able to license electricians according to their own
standards. With the loss of home rule,Rockford no longer has the authority
to set these standards. Home rule seems to affect the regulatory operations
of a municipality much more than it affects a municipality's revenue struc-
ture.
Analysis of the data collected for this paper shows that home rule au-
thority is not a significant factor in the level of taxation imposed by a mu-
nicipality. Home rule authority does not manifest itself in a higher level of
taxation,as the proponents of the Rolling Meadows referendum argued.
Neither does home rule manifest itself in a lower level of taxation,as the op-
ponents of the Rolling Meadows referendum argued. None of the taxation
factors tested in this project point directly to home rule as a contributing fac-
tor. Home rule authority is more valuable to municipality for regulatory
powers than for tax purposes.
References
All citations of the Illinois Constitution come from 1970 Illinois Constitution
Annotated,David R.Miller,Illinois Legislative Council,1980.
Cole,Stephanie. 1973. Illinois Home Rule in Perspective, Home Rule in Illi-
nois,p. 14.
Ebel,Alice.1970. Local Governments Outside Cook County,Con-Con: Issues
for the Illinois Constitutional Convention,p. 235.
Encyclopedia Americana. 1992. Missouri,Volume 19,p.261.
Page 23
78 Tom Rooney
Mayer,Allan. 1999. Supplemental Analysis: Home Rule Units, FY1999 Fis-
cal Report Card, Office of the Comptroller.
Small,Joseph F.,S.J. 1970. Urban Government, Con-Con Issues for the Illinois
Constitutional Convention,p. 235.
Wandling,Richard. 2001. Illinois,Home Rule in America: A Fifty State Hand-
book,p.128.
Page 24
The J-1 o[
Regional
Analysis
JRAP(2002)32:1 —& Policy
Illinois Home Rule: A Case Study in Fiscal
Responsibility
James M. Sanovetz*
Abstract. This article examines the popular notion that elected officials,par-
ticularly at the local level,can not be trusted with broad powers of taxa-
tion;that they are likely to use and perhaps abuse all of the powers of
taxation they possess. The study looks at the use of tax powers,made
over a 30 year period,by Illinois'home rule municipalities which have
one of the broadest grants of tax powers given by any state to its local
government officials. This study found only seven reasonably verifiable
examples of unwarranted uses of home rule powers,only three of which
represent unequivocal instances in which the voters,the courts,or the
legislature voided uses of home rule powers. Available evidence pro-
duced neither a rational nor an empirical basis to support a reasonable
probability that,given the opportunity,local elected officials will enact
new or higher taxes without regard for the wishes of the voters. Indeed,
the Illinois experience suggests that,with adequate safeguards,local offi-
cials can be trusted with broad based local tax powers.
1. Introduction
Perhaps one of the most common attitudes about American local gov-
ernments is that their legislators are prone to abusing their power to tax.
This attitude has its roots in the era of municipal corruption in the last dec-
ades of the nineteenth century,chronicled so well by Lincoln Stephens in his
classic The Shame of the Cities,and attacked by the municipal reform move-
ment of the last century launched by Richard S.Childs and the National Mu-
nicipal League.
The attitude persists despite the fact that reforms produced by that
movement(including the Australian ballot,nonpartisanship in local elec-
`James M.Banovetz is professor emeritus and director emeritus of the Division of Public Ad-
ministration at Northern Illinois University. An internationally renowned expert on local gov-
ernment and local government management,Banovetz is recognized as the foremost authority
on home rule in Illinois.
Page 25
80 James M.Banovetz
tions,the council-manager form of government,and,most importantly,the
professionalization of local government workforces)has cleaned most cor-
ruption out of city and village governments,especially from the growing
majority of mid-sized cities using professional city managers,and including
most large city governments (e.g.,Cincinnati and Kansas City).
This attitude continues to provide popular support for manifold con-
straints on the powers of local governments,especially their tax powers.
Constraints range from the judicial standard of strict constructionism in the
interpretation of grants of authority to local governments(Dillon's Rule),
through statutory limits on taxing powers,to the more contemporary impo-
sition of tax caps.All of these constraints are rooted in the presumed truism
of Lord Actions thesis that power corrupts and absolute power corrupts ab-
solutely.
The persistence of this attitude has been demonstrated by the force of the
so-called"Taxpayers'Revolt" of the last several decades. The growing use
of property tax caps in Illinois attests to the attitude's continuing strength-
strength that endures despite a dearth of empirical or other scholarly evi-
dence examining it.
Illinois' experience with home rule offers a unique and interesting op-
portunity to test the proposition that it is inevitable,or indeed even probable,
that municipal officials will abuse the authority to impose more and higher
taxes on local taxpayers. This paper will exploit this opportunity;it will ex-
amine Illinois'experience with home rule tax powers,looking for evidence
suggesting irresponsibility in their use.To do so,it will draw upon the lim-
ited available research on Illinois home rule and on the author's own 38
years of experience working with,and studying,Illinois'local government
system. First,however,it will summarize the extraordinary home rule pow-
ers granted to Illinois cities and villages.
2. The History of Illinois Home Rule
With Chicago and Cook County's long histories of machine politics and
political corruption,Illinois has provided fertile ground for popular scepti-
cism about the fiscal responsibility of local municipal officials. The public's
reaction to late 19th and early 20th century municipal corruption was an in-
tense and continuing pattern of adding ever more restrictions and limitations
on municipal taxing powers. Property tax limitations eventually reached a
point at which they were so overlapping and confusing that they were barely
capable of judicial interpretation,sometimes leading to implementation in an
arbitrary and capricious fashion (Fisher and Fairbanks 1968). Indeed,Illinois
students of local government routinely attribute Illinois'unusually large
number of local governments to the need to evade statutory restrictions on
municipal taxing powers so that services demanded by the public could be
Page 26
Fiscal Responsibility 81
provided.2 Illinois has also had a history of strict and rigid application of
Dillon's Rule to the interpretation of statutory grants of power. In effect,Dil-
lon's rule holds that municipal corporations have only those powers specifi-
cally granted to them by statute and those necessarily implied from the
granted power.3 Indeed,statutory grants of authority to cities were so re-
stricted in their application that Chicago attempted,frequently and unsuc-
cessfully starting in 1904,to secure some form of home rule (Banovetz and
Kelty 1987a).
Despite the state's history of local government distrust, Chicago's home
rule efforts ultimately proved successful in 1971 when voters approved the
State Constitution drafted in 1970. That Constitution provided Illinois cities
and villages with an optional home rule system that William N. Cassella of
the National Civic League has called"the most advanced form(of govern-
ment)as far as a flexible power system is concerned (Banovetz and Kelty
1987b)
3. Illinois Home Rule Powers Defined
The 1970 Illinois Constitution provides a very broad definition of home
rule powers:
"Except as limited by this Section,a home rule unit may ex-
ercise any power and perform any function pertaining to its
government and affairs including,but not limited to,the power
to regulate for the protection of the public health,safety,morals
and welfare;to license;to tax;and to incur debt." (Art.VII;Sec.
6a)
Except for prohibiting home rule units from levying taxes upon"income,
earnings,or occupations"without legislative authorization,the constitu-
tional constraints upon home rule units are relatively few and have not
proven to be significant.
The constitution permits the General Assembly to put specific limits on
the use of home rule powers,but with restrictions: (1)it can provide for the
exclusive exercise of a power or function by the state by a vote of a simple
2 Depending upon the information source,Illinois has between 6,800 and 7,200 units of local
government. It has more units of local government than any other state in the nation,lea ding
the second ranked state,Pennsylvania,by nearly 50 percent. A large portion of these govern-
ments are fire protection,park,and library districts formed in part to get new access to property
tax revenues to support these popular services.
3 Italics added to emphasize the interpretive practices of the Illinois courts. Dillon s rule is a
legal concept first articulated by the Iowa courts and later applied by the courts in each state.
The classic application of the rule was in Trenton v.New Jersey,262 U.S.182(1923). Further
clarification is found in Kennedy(1971)and Braden and Cohn(1969).
Page 27
82 James M.Banovetz
majority of both houses,or(2)it can prohibit the use of a home rule power,
but only by a vote of a three-fifths majority of the membership of both
houses.
The constitution further stipulates that:
"Powers and functions of home rule units shall be construed
liberally." (Art.VII,Sec. 6m)
The Illinois Supreme Court demonstrated its general willingness to con-
strue the grant of home rule powers liberally in three early,landmark cases.
In 1972 and again in 1980,the Court ruled that legislation passed before the
effective date of the 1970 constitution did not limit home rule powers unless
such legislation complied with constitutional requirements(the three-fifths
majority vote)needed to impose a limit on home rule powers.4 In 1973,the
Court held that statutes restricting the exercise of local government power
did not apply to home rule units unless the statute explicitly indicated such
an intent.5
In short,Illinois'grant of home rule powers to its cities and villages is,
indeed, very broad.
4. Illinois Use of Municipal Home Rule
When the 1970 Illinois Constitution took effect on July 1,1971,a total of
67 cities and villages automatically gained home rule authority by virtue of
meeting the constitution=s standard of having a population of 25,000 or
more persons? By the time of the November 2000 elections,that number had
grown to 147 municipalities. In the intervening years,twelve more cities
gained home rule by population growth,72 had adopted home rule by refer-
endum,and four lost home rule status by referendum.
Since the Constitution and its home rule system took effect thirty years
ago,over seven million Illinois residents-well over half of the state's popula-
tion C have lived in a local government exercising home rule powers. "Thus
4 Kanellos v Cook County,53 111.2d 161,290 N.E.2d 240(1972);Sommer v.Village of Glenview,79 Ill
2d 383,403 N.E.2d 258(1980).
5 Romer v Korshak,55 Ill.2d 430;303 N.E.2d 389(1973)
6 The discussion in this section is based upon"Illinois Home Rule:A Thirty Year Assessment,"
Policy Profiles,Northern Illinois University Center f or Governmental Studies,February 2001.
7 Home rule was also made available to counties in which a chief executive officer is elected by
the voters at large. This structural requirement has resulted in a county experience with home
rule very different from the municipal experience,but not necessarily in terms of financial pow-
ers,practices,or behaviors. Chiefly,this requirement has effectively limited home rule to just
one county,Cook County. As a result,this paper does not deal with county home rule in Illi-
nois.
Page 28
Fiscal Responsibility 83
it is safe to conclude that Illinois and its residents have had widespread ex-
perience with municipal home rule."8
5. Home Rule Tax Powers
With significant exceptions,the broad scope of Illinois'home rule power
also extends to the power to levy taxes. Home rule freed municipalities from
all legislative limitations on the levy and use of property taxes,and gave
municipalities wide discretion to design new tax levies.
The principal exception is income taxes:the Constitution's sole stated tax
limitation prohibits home rule taxes levied on"income,earnings,or occupa-
tions"unless such taxes are specifically authorized by the Illinois General
Assembly. No such authorization has ever been given or even seriously con-
sidered. A second major exception occurred in 1991when the Illinois General
Assembly preempted the power to impose retail sales taxes. Illinois had op-
erated well before 1971 with a 5 percent state sales tax which went into the
state's general fund and an additional 1 percent tax,if locally authorized,9
which was rebated to the city or county in which the retail sale occurred.
Functionally,the system produced a state-wide 6 percent sales tax.10 The
state collected the entire sales tax and rebated to each local government its
portion of the tax.
After home rule became effective in 1971,a number of cities and villages
enacted their own sales taxes,applied over and above the 6 percent state tax.
These local sales taxes sometimes were levied on different bases,usually de-
signed to protect local merchants from out-of-town competition. Thus,for
instance,some communities with significant farm service businesses ex-
empted farm implement sales from the local,home rule sales tax;others lim-
ited the local tax to the first$500 of price on any given item;still others used
other tax definitions to raise money without harming the local economy. Tax
rates,too,were set locally and the collection of these additional local sales
taxes was the responsibility of the levying municipality.
The result was a pattern of local sales taxes that provoked opposition
from statewide merchants who had to program cash registers differently in
many communities they served. To assist the merchants,the General As-
sembly reserved to the state exclusive authority to enact sales taxes,thereby
establishing a single,statewide retail sales tax base.11 Simultaneously,the
General Assembly protected home rule communities by authorizing them
8 Policy Profiles,op.cit.,p.1.
9 And nearly all Illinois cities and counties have authorized the use of this local portion of the
levy.
10 The tax was later modified so that the 5 percent state portion was not levied on the sale of food
(except food served on the premises)and drugs.
ii The sales tax in Illinois is technically known in law as the retail occupation tax.
Page 29
84 James M.Banovetz
individually to levy an additional sales tax,on the state's tax base,in
amounts of.25 up to a total additional levy of 1.5 percent.
A third constraint upon home rule taxing power was also added by the
General Assembly. One of the first12 taxes levied by home rule municipali-
ties was a real estate transfer tax. In the decades of the 70's and the 80's,
which saw rapid escalation of real estate values,the real estate transfer tax
produced a large windfall in revenues from taxpayers whose properties had
become so inflated that sellers,who paid the tax,hardly noticed the amount.
When the escalation in property values leveled off,however,the tax gener-
ated opposition. Thus,the General Assembly enacted legislation which al-
lowed existing real estate transfer taxes to continue,but imposed a referen-
dum requirement on any future levy of such a tax by a home rule municipal-
ity.
6. Hypothesis and Methodology
Given:
• Illinois'local government history,
• The extraordinary breadth of Illinois home rule powers,
• The broad scope home rule gives to municipal taxing powers,and
• The number of Illinois cities that have used Illinois home rule,
the Illinois experience might well be said to represent the most severe test
possible of the hypothesis that,given sufficient discretion,local government
officials will impose unwarranted taxation on their residents. This paper will
examine this hypothesis by(1)examining the extent to which the authority
has been used; (2)comparing home rule with non-home rule communities'
uses of property taxes as a revenue producing measure; (3)reviewing home
rule constraints on the misuse of home rule taxing powers to determine if,
indeed,such constraints have been,and can be,used successfully;and(4)
examining the nature of voters'reaction to the use of home rule powers.
Since the term"unwarranted powers"is subjective,this paper will view only
those uses as"unwarranted"which were subsequently constrained or
voided by oversight agencies-the General Assembly,the courts,or the voters
through a referendum.
Ultimately,in a society ruled by democratic principles,the reaction of
the voters is the most nearly infallible test of the acceptability and utility of
public policy,including the appropriateness of tax policies. Fortunately,for
the purposes of testing this hypothesis,voter reaction is also the test with the
best available information.
12New at least to Illinois.
Page 30
Fiscal Responsibility 85
1. Municipal use of home rule taxing powers
Two comprehensive surveys of the uses of home rule powers have been
made. The first was undertaken in 1983 (with 95 communities responding)
and updated in 1986(with 60 communities responding;taken together in the
two surveys,105 communities responded to at least one survey) (Banovetz
and Kelty). The second has just been completed(in spring,2002),with 83
communities responding.
The most common uses of home rule powers in the two surveys are
shown in Table 1. Three relevant conclusions can be drawn from this table.
First,home rule is widely used for governmental functions other than taxa-
tion. While the use of home rule taxes is one of the two most common uses
of home rule powers,home rule is used almost as frequently to promote
economic development,strengthen regulatory authority,reduce debt costs,13
and facilitate the purchase,sale,and lease of real estate. Home rule,in short,
is not used by government officials primarily as a method of raising more tax
revenues.
Second,the use of home rule as a means of raising tax revenues from
sources other than property taxes is clearly increasing and is widely em-
ployed for that purpose,although the frequency of such use is probably
overstated by the survey. Well over half of the survey's non-respondents
were small communities which make less use of tax and other home rule
powers. Nonetheless,this significant increase in use makes the analysis in
this study(a)more important,and (b)more likely to support the hypothesis.
Third,few home rule communities use their home rule power to levy
higher property taxes. Fewer than one-fourth of home rule communities use
home rule to increase property tax levies above the levels allowed by statute
or to increase such levies above statutory tax caps.
13 Home rule is widely used to lower the interest costs of government borrowing. Because they
are not limited in their borrowing to kinds of debt authorized by statute,home rule communi-
ties can negotiate better interest rates. Further,home rule communities can issue general obliga-
tion bonds(GO bonds which are secured with the government's property tax powers)without
the need to secure voter approval through a referendum. The use of GO bonds lowers the inter-
est costs of the borrowing. And,indeed,the shift in borrowing from revenue to GO bonds by
home rule communities has been significant;it is used even when other revenue sources(e.g.,
utility bills)are used to raise the funds to repay the debt. Because debt secured with property
tax powers can,if used unwisely,lead to substantial increases in property taxes,its indiscrimi-
nate use could have serious adverse effects on the property tax levies and credit ratings of home
rule communities. Thus this home rule use has a direct relationship to the use of home rule tax
powers.
Page 31
86 James M.Banovetz
Table 1. Uses of Home Rule Powers
Function 1 in o 2002 in o
Communities Reporting 105 or 95% 83 or 57%
Economic Development ** 83
Levy Taxes Based on Home Rule Powers 57 83
Regulation 72 78
Reduce the Cost of Borrowed Money 90 74
Buy,Sell,or Lease Property 43 73
Levy Sales Tax 5 61***
Regulatory Licensing 61 55
Intergovernmental Agreements 58 52
Change Structure of Government 30 29
Exceed Tax Caps NA 24
Extend Property Tax Beyond Statutory Limits 16 18
*Listed in order of frequency.
**Not tabulated,but incidence of use was second only to incurring debt.
***Sales taxes reported in the first survey were based on home rule powers;in the second sur-
vey,they were levied based on special statutory authority.
Note:The lower survey participation in 2002 will cause some inflation in the percentages since
the majority of the non-participants were small communities which,in general,make much less
use of home rule powers. Two-thirds of communities over 25,000 responded while less than
half of those under 25,000 responded.
Further insight into the kinds of taxes being levied by home rule com-
munities in both the 1983-86 and 2002 surveys is found in table 2. It clearly
shows that the years between 1986 and 2002 have witnessed a major expan-
sion in the use of taxes levied with home rule powers. This can be attributed
to a number of possible factors. Certainly the chronic need of local govern-
ments-like all governments-for more money to meet public service de-
mands is a factor. So,too,was the loss of federal revenue sharing dollars
which occurred during this period. Local governments typically reacted to
this loss by maintaining services at or near existing levels and making up the
revenue shortfall by some combination of greater operating efficiency and
increased use of other revenue sources.
Two other factors also played a role. The first is the influence of the
Home Rule Attorney's Association,a group sponsored by the Illinois Mu-
nicipal League,which has met monthly since first being formed in 1971,to
monitor home rule uses with the intent of discouraging uses that would be
disapproved in court tests. As case law has developed,and the legality of
more uses has been established,many powers have been more frequently
used. The second has been the success of home rule itself:experimental uses
of home rule powers that subsequently prove successful in achieving their
purpose also tended to be copied. The hotel-motel tax is a good example of
the latter phenomena.
Page 32
Fiscal Responsibility 87
Table 2. Home Rule Taxes,1983-86 and 2002
Tax Levied 1983-86%use 2002%use
Communities Reporting 105 or 95% 83 or 57%
Retail Sales* 5 61
Hotel/Motel* 35 60
Real Estate Transfer* 11 36
Restaurant food&Beverage Sales* 8 25
Exceed Property Tax Caps NA 24
Property Tax Beyond Statutory Limits 15 18
Gasoline* 9 17
Amusement* 14 14
Wheel Tax(on auto ownership) 4 8
Other 3 7
Sale of New Automobiles 7 2
*Taxes which broaden the tax base to include non-residents of the community.
Note: The lower survey participation in 2002 will cause some inflation in the percentages since
the majority of the non-participants were small communities that,in general,make much less
use of home rule powers. Two-thirds of communities over 25,000 responded while less than
half of those under 25,000 responded.
The single most notable change in tax patterns has been the increase in
the use of home rule retail sales taxes which became much more common
after the Illinois General Assembly prohibited the use of home rule powers
to levy sales taxes and permitted home rule communities to impose larger
local sales tax levies on the state sales tax base. Historically,Illinois has im-
posed a 5% state sales tax and permitted local communities (e.g.cities,vil-
lages,counties)to add an additional 1% levy within their jurisdictions,which
the state collects and remits to them. Now,home rule communities can levy
up to an additional 1.5%,to a total of 2.5%,on the state sales tax base which
the state will collect and remit to them. By eliminating the need to collect the
home rule portion of their local sales tax,this change made the use of home
rule sales taxes much more attractive to home rule governments.
Two additional points must be added to this. First and foremost, only
seven,or 13%,of the fifty-three communities reporting the use of this tax
levied the whole 1.5%. Of these,six were located in Cook County and one in
a Chicago suburban county. Because of additional levies for metropolitan
purposes,total sales tax rates in Chicago and suburbs are higher than in the
rest of the state,making local tax additions a smaller percentage of the total
levy. Second,non-home rule communities are restricted to the 1% local
share. These differences produce total sales tax rates which vary widely
throughout the state. No evidence has ever been offered that suggests that
such differences have produced a detectable impact on consumers'shopping
patterns in either the state or in the Chicago metropolitan area.
A second trend evident from a careful reading of the data is that the
taxes levied with home rule power are predominantly those that spread the
tax burden to non-residents of the community:retail sales tax,hotel/motel
tax,real estate transfer tax,restaurant food and beverage tax,gasoline tax,
Page 33
88 James M.Banovetz
and amusement tax. The four most frequently used home rule taxes,and six
of the top eight home rule tax uses,are taxes which spread tax burdens more
broadly. In fact,some communities adopted home rule specifically to secure
the authority to levy retail sales taxes so that community cost burdens could
be transferred to non-residents.14
In short,then,taxation has been an increasingly common use of home
rule powers,but it has been most frequently used to transfer local tax bur-
dens from residents to non-residents of the community.
2. Comparison of home rule and non-home rule uses of tax powers
Home rule governments clearly levy a wider array of taxes than their
non-home rule peers since,with one exception,non-home rule units are not
authorized to levy any of the taxes listed in Figure 3. That exception is the
hotel/motel tax.15 Indeed,only one of the taxes listed in Figure 3 has been
challenged by opponents of home rule:the use of home rule to extend prop-
erty taxes beyond the statutory limits imposed on non-home rule govern-
ments.16 Because this has been the focal point of home rule opposition,it
also will be the focal point of this analysis of the hypothesis that,given suffi-
cient discretion(as Illinois home rule surely provides),local government of-
ficials will impose unwarranted taxation on their residents.
Opponents of home rule regularly contend that the adoption of home
rule will lead to rapid,and by implication unwarranted,increases in munici-
pal property taxes. Two studies have been conducted over the years which
compare home rule and non-home rule use of property tax powers;both
have relevance for this opponents'contention.
The first,undertaken by J.Banovetz and R.Albritton,compared the
changes which occurred in all Illinois cities and villages over 10,000 popula-
tion during the first ten years of home rule, 1971-81 (Banovetz and Kelty
1987). They found that both population size and geographic location(10-
cated inside or outside of Cook County)accounted for more of the variance
14 These tend to be communities with regional shopping malls-Oakbrook and Mt.Vernon are
examples. Communities with large college student populations,such as DeKalb,or with busy
hotel/motel industries,such as Rosemont,also utilize such taxes heavily.
15 That exception,however,is significant. The City of Rosemont,located adjacent to O'Hare
Airport and with a night-time population several times its daytime population,first adopted
home rule in 1972 for the express purpose of imposing a hotel/motel tax on the many large
hotels within its boundaries. The tax proved so successful and devoid of local opposition,that it
was widely copied by other home rule governments. The state legislature finally authorized the
tax for use by non-home rule governments,but with a crucial difference:the statutory authoriza-
tion permits home rule tax proceeds to be used only to promote tourism to the community.
Home rule governments can use the tax proceeds for any public purpose.
16 Presumably,home rule opponents will also object to home rule governments'exemption from
statutory property tax caps,but,in the author's experience monitoring home rule referenda,this
consideration has not yet emerged as a major issue.
Page 34
Fiscal Responsibility 89
in property tax rates and the rate of increase in such rates than did home rule
status. While home rule units showed a higher rate of increase in property
tax levy amounts during the ten year period,the total amount of their tax
levies,shown in Table 3,was not significantly different in 1981,the final year
for which data for the study were available. Leaving aside the debate about
whether the higher rate of increase was attributable to home rule status or
simply a process of"catch-up," and remembering that only 13.7 per cent of
all home rule units (of whatever population size)were even levying higher
property tax rates than they could have levied without home rule powers in
1983,only one conclusion from that study could be said to be relevant to this
inquiry: when controlling for population and location, the average property tax levy
for home rule communities was the same as the average property tax levy for non-
home rule communities after ten years of Illinois home rule experience.
Table 3. Comparison of Property Tax Levy Rates of Home Rule and Non-
Home Rule Communities After Ten Years of Illinois Experience
with Home Rule
Category of Municipality Ave.Rate 1970 Ave.Rate 1981
I.Municipalities Over 25,000
In Cook County(N=27) .794 1.612
Outside Cook County(N=35) 1.114 1.612
U.Cook County Municipalities 10,000-25,000
With home rule(N=8) .543 1.325
Without home rule(N=38) .812 1.303
III.Non-Cook County Municipalities 10,000-25,000
With home rule(N=6) .659 1.002
Without home rule(N=52) .842 1.176
The second,much more contemporary study,by R. Dye and T.McGuire
(1997)looked at the effect of property tax limitation measures in general,and
specifically on the effect of tax caps on local government fiscal behavior. In
studying such effects on Illinois cities and villages located in the six county
Chicago metropolitan region,Dye and McGuire specifically evaluated the
impact that the state's tax caps,enacted in 1991,had upon the property tax
rates of non-home rule communities(which are subject to the caps)when
compared to home rule communities (which are not).This is shown in Table
4. They found that:
Table 4. Average Annual Growth Rates of Property Taxes
Communities Number Growth Rate W/O Cap Growth Rate W Cap
Non-Home Rule 104 14.57 7.14
Home Rule 134 9.03 7.55
Source: R.F.Dye&T.J.McGuire(1997).
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90 James M.Banovetz
1. The 104 non-home rule communities had been experiencing a much
faster rate of growth in property tax rates before the imposition of the tax
caps than the 134 home rule communities.
2. The rate of increase in property tax levies decreased in both the home
rule and the non-home rule communities after the imposition of the tax
caps upon the non-home rule communities,but the rate of decline was
less in home rule communities.17
3. The rate of increase in property tax levies for non-home rule and for
home rule communities was comparable18 after the imposition of tax
caps.
Nothing in the Dye and McGuire study would lead to the conclusion
that home rule status results in significantly higher levels of property taxa-
tion. In short, nothing in either study comparing home rule and non-home rule uses
of the property tax supports the hypothesis that local government leaders,given the
freedom from constraint that home rule provides,will impose significantly higher
rates of property taxation. In fact,Dye and McGuire's data on the rates of
property tax increases prior to the imposition of the tax caps suggests exactly
the opposite:that property taxes have increased more slowly in home rule
communities.
Data in the 2000 survey adds further evidence that home rule communi-
ties rely less on property taxes than do their non-home rule peers. It asked
communities what proportion of their total revenues in 2000 was derived
from property taxes. The results are presented in Table 5 together with a
comparison with the statewide average for municipal revenues from prop-
erty taxes.
Table 5 indicates that(1)the use of home rule powers to levy property
taxes in excess of non-home rule statutory limits is very rare in communities
smaller than 25,000,and(2)the percentage of total municipal revenues de-
rived from property taxes by home rule units,even those home rule units
levying property taxes in excess of what would be their statutory limits
without home rule powers,is considerably less in communities larger than
25,000 population than the statewide averages. Since property tax levies
tend to be higher in larger communities,all else being equal,the averages for
large home rule communities should be considerably higher than the state-
wide average. That it is not suggests that home rule powers,at worst,have
not driven up property taxes and,at best,have been a factor in keeping such
17 Ibid.,p.8. Dye and McGuire did not control for differences in population size,but they did
find evidence that location in Cook County or the collar counties did have an independent effect
(p.14).
18 The rate of increase was 7.14%for non-home rule and 7.55%for home rule communities. The
use of a percentage rate of increase,however,does not control for the impact on the percentage
of the much higher rate of initial increase by the non-home rule group.
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Fiscal Responsibility 91
taxes down.19 Such data hardly support the hypothesis that,given the au-
thority to do so,local government officials will increase property taxes in
unjustifiable amounts.
Table 5. Municipal Reliance on Property Taxes: Percentage of Total Mu-
nicipal Revenues Derived from Property Taxes
Average Average All
Category All Home Rule Home Rule Over Statutory Limits
Cook County<25,000 18% 23%
Cook County>25,000 18%
Collar Counties<25,000 13% 11%
Collar Counties>25,000 15%
Outside<25,000 15% 16%
Outside>25,000 10%
Statewide Average** 26% ***
*Too few cases for valid statistical comparison
**Source: Statewide Summary of Municipal Finances, Report of the Comptroller General of Illinois
***Data not available
Note: Data from survey is for year 2000;statewide data is for most recent year available,1998.
In short,there is no research-based evidence in the public domain which
supports claims that,given either the authority or the opportunity,Illinois
city officials will drive up property taxes.
3. The impact of constraints on the misuse of home rule authority
The 1971 Illinois Constitution establishes legislative,judicial,and elec-
toral constraints on the use,and misuse,of home rule power. This section
will deal with the first two;electoral constraints will be discussed in the next
section.
Legislative constraints derive from the constitutional grant of authority
to the General Assembly either to preempt home rule powers for exclusive
use by the state or to deny certain powers to home rule units. The legislature
has used both constraints,but in a way not necessarily intended to show dis-
approval of specific uses of home rule tax powers.
While the General Assembly seemed to disapprove of a home rule tax
when it imposed a referendum requirement on new adoptions of property
19 The example of the City of Rockford,the states only city above 25,000 population without
home rule powers,adds further support for this possibility. When Rockford lost its home rule
powers,it quickly sought and received both state legislative and local voter approval for a nu m
ber of property tax increases which brought the city's property tax rate considerably above its
former,non-home rule,statutory limit.
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92 James M.Banovetz
transfer taxes,its action was not as negative as it might seem since it neither
denied home rule units the authority to levy such taxes in the future nor did
it order that existing property transfer taxes either be repealed or submitted
to the voters for approval. Its action,then,appeared to be more of a response
to anti-tax pressures than disapproval of this use of home rule taxing power.
The legislature's 1991 action terminating local home rule powers to levy
retail sales taxes was not intended ultimately to restrict home rule powers.
The bill's sponsor,Senator Dawn Clark Netsch,was and remains a home rule
supporter. Rather,her intent,articulated publicly,was to eliminate the prob-
lems for retail merchants caused by the varying,locally defined tax bases on
which the local taxes were levied.20 By including in the bill a provision al-
lowing only home rule governments to impose an additional sales tax on the
state's base,Senator Netsch and the General Assembly preserved home rule
units'access to retail sales taxes as an alternative approach for raising reve-
nues to support their service commitments.
Similarly,the General Assembly passed up other opportunities to restrict
home rule taxing powers in 1991 and again in 1995 when it passed laws im-
posing caps on annual increases in local government property tax levies.21
The caps were made mandatory for local governments in the six county Chi-
cago metropolitan area and in other counties when approved by a county
wide referendum. In all cases,however,the General Assembly explicitly
exempted home rule units from the tax caps. The tax cap legislation re-
sponded to statewide,anti-property tax sentiment and it is reasonable to as-
sume that home rule units would not have escaped the limitations if the
General Assembly had significant evidence that their tax increases were un-
warranted.
The Illinois courts,acting in their capacity as the final arbiters of the
meaning of constitutional language,including the language of the home rule
provisions,also has not hesitated to use its powers to restrict abusive or ex-
cessive uses of home rule taxing powers. The Illinois Supreme Court,has
heard 20 cases challenging the use of home rule tax powers;it supported
home rule taxing power in 17,or 85 percent,of these cases.
20 Senator Netsch,in conversations with the author,expressed her view that her action in spon-
soring the bill was actually supportive of home rule taxing powers. Further,there have been
other similar situations in which the General Assembly has exercised preemptive powers be-
cause the aggregate of otherwise reasonable local decisions created problems for the state as a
whole. An excellent example was the action of the 811t General Assembly denying home rule
governments the power to regulate minimum ages for the purchase and consumption of alco-
holic beverages. In this instance,variations in local laws,all enacted for locally supported rea-
sons,led to too many traffic accidents as young drivers drove to communities with more lenient
regulations.
21 The tax cap program limited a local government's property tax increase in any year to a
maximum of five percent or the increase in the cost of living,whichever was less.
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Fiscal Responsibility 93
The cases in which it did not support home rule taxing authority are par-
ticularly significant for the use of home rule authority and for this analysis.
In the first,the court struck down a Chicago ordinance imposing a retail
sales tax on sellers of services.22 Drawing on the ruling in this case,the court
ruled a year later that home rule utility taxes,levied in amounts that ex-
ceeded the statutory maximums on such levies for non-home rule units,were
a tax on occupations and thus in violation of the constitution.23 Finally,the
court ruled that a Chicago tax on memberships in health clubs was an im-
permissible occupation tax.24
These examples demonstrate that the legislature and the courts have the power
and the inclination to restrict or constrain the use of home rule tax powers if they feel
a need to do so. That there are so few such examples,and none in the use of home
rule's unlimited power to levy property taxes, suggest that they have not felt such a
need; that they have not found significant patterns of misuse or excessive use that
require imposing constraints on such tax powers. Of perhaps particular signifi-
cance,the legislature did find,in 1991 and again in 1995,excessive use of
property taxing powers by non-home rule units of government and did im-
pose constraints on those governments,but did not impose similar con-
straints on home rule governments.
4. Voter reaction to home rule:electoral constraints
From the standpoint of democratic theory,the reaction of the voters is
the ultimate test of whether Illinois'broad home rule taxing authority,in-
cluding seemingly unlimited property taxing authority,has led to unwar-
ranted tax increases.
This reaction can be measured by the referenda held on the question of
whether or not a city,village,or county should have home rule powers. As
of November,2000,there had been 191 such referenda in Illinois.25 As might
be expected,these referenda convey a mixed message. In 97 cases,the voters
approved the use of home rule;in the other 94 cases they did not. But these
191 referenda can be divided into three distinct categories-county adoption
referenda,municipal adoption referenda,and municipal retention referenda-
and each produces a different picture of voter support. These referenda re-
sults are reported in Table 6.
22Commercial National Bank of Chicago v City of Chicago 89111.2d 45,432 N.E.2d 227(1982).
23 Waukegan Community School District 60 v City of Waukegan 95 111.2d 244,447 N.E.2d at 233-35
(1983). This case also over-ruled a 1974 court ruling favorable to home rule.
24 Chicago Health Clubs,Inc.v Picur 124I11.2d 1,528 N.E.2d 978(1988).
25"111inois Home Rule:A Thirty Year Assessment,"Policy Profiles,op.cit.,pp.1-5.
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94 James M.Banovetz
Table 6. Home Rule Referenda Record 1971-2000
Kind of Referenda Voted for Home Rue Voted Against Home Rule
County Adoption of Home Rule 0 11
Municipal Adoption of Home Rule 72 79
Municipal Retention of Home Rule 25 4
Total 97 94
All referenda to adopt home rule by county governments were held after
Cook County used its home rule powers to levy several new taxes;all failed,
on average by a margin of 3-1. However,these referenda results are some-
what murky because they contained two separate issues,adopting home rule
and restructuring county government.26
On the question of whether or not a city or village should be a home rule
unit,the results are mixed-an understandable outcome in a society founded
on a legitimate concern for the misuse of government powers. Most of these
are referenda in which voters who have not lived in a home rule government
are deciding whether to adopt home rule.Given Illinois'history,the only
surprise is that so many referenda supported home rule.
Of greatest interest for this analysis are the outcomes in elections in
which voters currently living in a home rule city are deciding whether or not
home rule should be retained. These are voters who have experienced home
rule powers,including home rule taxing powers,and who have an opportu-
nity to abolish those powers. In these elections,voters opted to retain home
rule in 25 out of 29 elections,or in 86 percent of the cases. Equally interest-
ing,the average electoral outcome in these elections was a 3-2 margin in fa-
vor of home rule.27 "In short, where home rule has been tried in Illinois,voters
have been supportive of it."28
Further support for this conclusion can be gleaned from the municipal
adoption referenda. The county with the highest percentage of home rule
adoptions is Cook County which has home rule powers and whose voters
had,by the time they voted on adoption of home rule for their own city or
village,experienced county home rule and paid Cook County's home rule
taxes.
However, no analysis of these voting data and the hypothesis that
elected officials with broad taxing power can and will misuse those powers
26 See footnote 6. These referenda can be interpreted as voter rejection of Cook County's new
taxes,but Cook County's own voters have never voted on home rule retention.
27 There is a body of opinion among political scientists who specialize in analyzing election out-
comes which holds that any outcome in which the margin of victory is 55 percent or more can
qualify as a landslide victory.
28"Illinois Home Rule:A Thirty Year Assessment,"Policy Profiles,op.cit.,p.5.
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Fiscal Responsibility 95
can be complete without an examination of the instances in which voters
chose to abolish home rule powers. There were four:Lisle in 1977,Villa Park
in 1980,Lombard in 1981,and Rockford in 1983.
The Lisle abandonment represented an instance in which elected officials
announced their intention to proceed with a plan to issue general obligation
bonds to build a new city hall despite voter opposition to the plan expressed
through an advisory referendum. Voters promptly petitioned for a referen-
dum on the abolition of home rule;the referendum carried;home rule pow-
ers were lost;and the city hall was never built.
Villa Park and Lombard represented a different scenario altogether. In
those communities,voters petitioned for an abandonment referendum and
the issue was placed on the ballot. In each election campaign,supporters of
abandonment asserted that abolition would reduce taxes by negating the
taxes passed with home rule powers. The referendums passed,but tax re-
ductions did not occur because neither community had used its home rule
powers to levy or impose any taxes,including higher property taxes.
The Rockford case presented a still different scenario. In that city,after
years of delayed maintenance of the city's infrastructure,officials instituted a
series of sharp property tax increases to upgrade and repair public facilities.
The council could have raised the needed money without resorting to home
rule powers by imposing local utility taxes,but it chose not to do so.
Opponents of the property tax increases circulated a petition calling for a
referendum on abandoning home rule. The referendum was held and home
rule was abandoned. Shortly thereafter,a series of seven referenda were
held to raise the city's property taxes above the statutory limit. Six of the
seven referenda passed.
These cases demonstrate that concerned citizens can,when alarmed
about local home rule uses,effectively prevent misuse by placing the fate of
home rule powers in the hands of the voters.
Summation:Analysis of the Hypothesis
This paper seeks to validate the popular belief,expressed constantly in
election campaigns concerning home rule in Illinois,that,given sufficient
discretion,local government officials will impose unwarranted taxation on
their residents. The strongest case that can be made in support of this view is
with reference to specific instances of home rule powers being used in un-
warranted ways,and subsequently being overturned by the Illinois General
Assembly,by the Illinois courts,or by local voters.
The best case:examples of unwarranted use of home rule powers
The clearest example of an unwarranted home rule use was Lisle's at-
tempt to issue bonds to build a new city hall after voters had expressed their
Page 41
96 James M.Banovetz
opposition to the plan in an advisory referendum. Rockford's use of home
rule powers to levy large property tax increases can also be cited in this cate-
gory. The abandonment of home rule in Lombard and Villa Park is not a
relevant example since assertions made to the voters regarding home rule
taxes subsequently turned out to be false.
A second example has been the rapid increase in the use of home rule
taxes. This suggests that local officials make unwarranted use of their
broader tax powers. The widespread use of these non-property taxes,have
produced several instances of action to curb the use of home rule powers.
Three relevant examples of possible unwarranted home rule uses were
those taxes constrained by court decisions voiding Chicago's retail sales tax
on services,on Chicago's tax on health club memberships,and utility taxes
levied by Waukegan and several other home rule communities in excess of
statutory maximums. The two home rule taxes subsequently altered by leg-
islative action-the retail sales tax and the real estate transfer tax-might also
be considered in a best case scenario.
In this best case analysis,then,there have been seven examples of un-
warranted use of home rule powers during Illinois'thirty year experience
with very broad grants of taxing power.
Weaknesses in the best case
Even this best case,however,has obvious weaknesses. With the excep-
tion of the unwarranted uses by Lisle(bond issue over voter opposition)and
Chicago (sales tax on services,health membership tax),each example has
mitigating circumstances. Rockford's voters,by approving six of seven
property tax increase referenda after home rule's abandonment,gave evi-
dence that they were less opposed to the higher taxes (policy use)than to the
home rule decision process (policy procedure). The specific utility taxes
voided by the courts were subsequently reinstated by the General Assembly.
In the real estate transfer tax case,existing taxes were permitted to continue
unaffected by the legislation. In the sales tax case,the General Assembly
gave home rule municipalities special statutory power to access the state
sales tax base and home rule use of retail sales taxes has actually increased as
a result.
Evidence disproving the he hypothesis
The strongest evidence disproving the hypothesis comes from two dis-
parate sources. One is the empirical research undertaken by Banovetz and
Albritton,who failed to find evidence that home rule communities increased
property taxes at a faster rate than non-home rule communities,and by Dye
and McGuire,who found that non-home rule communities were raising
property tax rates faster than home rule communities. Both findings under-
cut the central premise of the opposition to Illinois'home rule system:that
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Fiscal Responsibility 97
home rule's unlimited property taxing powers will lead to higher increases
in property tax levies. The 2002 survey of home rule use added further data
which undercuts the hypothesis.
The second,strongest source of evidence comes from Illinois voters.
While county home rule voters have been clearly negative,and voter support
for home rule adoption has been mixed,the voters who were asked if they
wish to continue a home rule system already in use have been strong in their
support for home rule. In other words,voters who have home rule want to
retain it;they do not feel victimized by unwarranted use of home rule taxing
powers.
The Anti-tax Hypothesis Evaluated
As noted earlier,the Illinois experience with municipal home rule might
well be said to represent the most severe test possible of the anti-tax hy-
pothesis that,given sufficient discretion,local government officials will im-
pose unwarranted levels of taxation on their residents.This review of that
experience finds inadequate support for the hypothesis.
Despite an extensive pattern of municipal use of home rule over the past
thirty years,this study found only seven reasonably verifiable examples of
unwarranted uses of home rule powers,only three of which represent un-
equivocal instances in which the voters,the courts,or the legislature voided
uses of home rule powers. Further,given the paucity of such unwarranted
uses,it might reasonably be concluded that these examples are more impres-
sive as evidence that home rule abuses can be,and are,adequately con-
strained. Finally,the empirical and scholarly evidence against the hypothe-
sis is compelling. Thus neither a rational nor an empirical basis could be
found to establish a reasonable probability that, given the opportunity,local
elected officials will enact new or higher taxes without regard for the wishes
of the voters.
Indeed,the Illinois home rule experience suggests that city councils and
village boards have demonstrated impressive,although not complete,re-
sponsibility in the use of local taxing powers.
References
Banovetz,J.and T.Kelty.2002.The Uses of Home Rule with Special Empha-
sis on Taxation.Policy Profiles. Northern Illinois University Center for
Governmental Studies,Vol.2,No.3,August.
Banovetz,J. and T. Kelty. 1988.Illinois Home Rule and Taxation: A New
Approach to Local Government Enabling Authority.Northern Illinois
University Law Review,709.
Page 43
98 James M.Banovetz
Banovetz,J.and T.Kelty.1987. Illinois Home Rule: Image and Reality,Uni-
versity of Illinois,Springfield.
Banovetz,J.and T.Kelty.1985.Home Rule and Taxes:The Ultimate Issue.
Illinois Municipal Review,July.
Banovetz,J. and T. Kelty. Home Rule in Illinois,op. cit.,Ch.4,"Debt,taxes and
home rule"pp.18-23.
Braden,G. and R. Cohn. 1969.The Illinois Constitution:An Annotated and
Comparative Analysis,p.499.
Canfield,D.S. 1985. Illinois Home Rule and American Democracy:A Study
of Anticipated Consequences and Prospects for the Future,Ph.D.disser-
tation,Northern Illinois University,DeKalb.
Day,R.L.1979. Innovation Adoption:Home Rule Use in Illinois,Ph.D. dis-
sertation, University of Illinois,Urbana.
Dye,T.F.and T.J.McGuire.1997. The effect of tax limitation measures on
local government fiscal behavior.Journal of Public Economics 66:469.
Fisher,Glenn W.and Robert P.Fairbanks. 1968. Illinois Municipal Finance,
University of Illinois Press.
Gierach,W.1977.Home Rule in Illinois:There Are Limits.Illinois Bar journal,
No.66.
Kennedy,D. 1971.Legal Services and Regulatory Procedures,in J. Banovetz,
ed.,Managing the Modern City,403
Kustra,R.W.1975.The Formulation of Constitutional Home Rule in Illinois,
Ph. D. dissertation,University of Illinois,Urbana.
Northern Illinois University. 2001. Illinois Home Rule:A Thirty Year As-
sessment. Policy Profiles. Northern Illinois University Center for Gov-
ernmental Studies,February.
Witwer,S.W.1974.Federalism and Constitutions:The Illinois Experience.
National Civic Review,No. 63.
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Wil 1 es
VOL. 2, No. 3 AUGUST 2002 cyprof 11
CENTER FOR GOVERNMENTAL STUDIES
Northern Illinois University
The Debate:
• Home rule gives cities the issue: The Uses of Home Rule With Special
power to solve local Emphasis on Taxation
problems. (Supporters)
James M. Banovetz and Thomas W. Kelty
• Home rule gives cities too
much power, especially too Public debate continues in Illinois over what was probably the single most significant
much power to tax. change in Illinois law made when the state's present constitution went into effect in
(Opponents) 1971. At issue is whether or not the constitution's home rule provisions gave
individual cities too much power, especially too much power to tax.
The Findings: A just completed survey, sponsored jointly by the Illinois Municipal League and the
• Home rule taxes reduce Illinois City/County Management Association,offers new insight into the way home
cities'reliance on the rule governments use their home rule powers.All Illinois' home rule municipalities
property tax were asked how they were using home rule powers. Table 1 divides home rule
communities into six groups based on population size and geographic location,shows
• Cities use home rule to how many home rule communities are in each group,and the number and percentage
respond to quality of life of respondents from each of the six categories.
concerns.
• Little voter opposition to
home rule was reported in tableone
home rule cities.
Home Rule Survey Participation, 2002
Location&Size of #Home Rule* #Responding %Responding
Municipality
Cook Co. over 25,000 pop. 31 21 68
Cook Co.under 25,000 pop. 32 15 47
Collar Co. over 25,000 pop. 25 15 60
Collar Co. under 25,000 pop. 15 8 53
Outstate Co. over 25,000 pop. 19 13 68
Outstate Co. under 25,000 pop. 23 11 48
Total 145 83 57
*As of November 1, 2000, excluding Cook County and the City of Chicago.
The overall response rate for the largest Larger communities make the most
I L I, I NO IS communities, those over 25,000 popu- intensive use of home rule powers;
lation,was 65 per cent;the response rate these are the same communities that had
U N I V E R S I Y Y for the 70 home rule communities under the highest participation rate in the
25,000, each of which adopted home survey.
rule by referendum, was 49 percent.
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CENTER FOR GOVERNMENTAL STUDIES
Northern Illinois University
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What did the survey find?
tabletwo
The survey found that the frequency and Uses of Home Rule Powers
breadth of home rule use increased
significantly in some important catego- Function 1983-86 2002*
ries and changed little in other categories Communities reporting 105 or 95% 83 or 57%
during the years since similar surveys (Columns show percentage of respondents using home rule powers for the function)
were conducted in 1983 and 1986.(See J. Economic Development ** 83
Banovetz and T. Kelty, Home Rule in Levy taxes based on home rule powers 57 83
Illinois: Image and Reality (Sangamon Regulation 72 78
State University: Illinois Issues, 1987.) Reduce the cost of borrowed money 90 74
Table 2 summarizes the findings from the Buy, sell, or lease property 43 73
2002 survey and compares them to the
1983-86 surveys. Regulatory Licensing 61 55
Intergovernmental Agreements 58 52
Several significant changes occurred Change structure of government 30 29
between 1986 and 2002. First and
Exceed Tax Caps NA*** 22
foremost,of course,is a very significant Extend property tax beyond statutory limits 16 18
increase in the use of home rule taxing Listed in order of frequency of use
**
powers.Of equal significance is an even Not tabulated,but incidence of use was second only to incurring debt
***There were no tax caps in 19s3-s6.
sharper decline in the use of home rule
powers to borrow money. While the Note: The lower survey participation in 2002 will cause some inflation in the percentages for that year since
the majority of the non participants were small communities which, in general, make match less use of home
first will suggest to some observers that rule powers.
home rule governments are misusing
financial powers, the second directly Doesn't the survey justify paid by the same or different people),
countermands that conclusion. opponents' fears about home (2) are these new taxes being used to
rule and higher taxation? reduce, hold down, or replace other,
Other significant changes are found in the more onerous taxes, and(3) is the total
increased use of home rule powers to buy, tax burden in home rule communities
sell, or lease property and to levy higher The survey found that home rule cities heavier, more oppressive, and repug-
salestaxes.But there was little si ficant and villages are clearly making signifi- �
cant use of their power to levy taxes not nant to local taxpayers.
change in the frequency with which home
rule powers were used to engage in available to non-home rule govern-
ments. The third question is the hardest of the
regulatory activities, to utilize intergov- survey's y's findings Table 3 (s regarding the home page 3) reports the three to answer. Different cities and
ernmental agreements, to change the survey villages provide different services.
structure of government, or to extend rule taxes currently being levied. Most provide basic police, fire, roads,
property taxes beyond statutory limits. Clearly, taxation has become a major and zoning services,but there are great
.
use of home rule powers during the past variations in the provision of such
Economic development uses were not services as ambulance, park, water,
categorized as such in 1983-86, but the 20 years. This finding raises the sewer,solid waste disposal,storm water
survey results did report that the variety of question of whether home rule tax collection and disposal, planning,
uses lumped into this category made it powers are being abused or used economic development, and other
one ofthe most frequent uses ofhome rule excessively. Three other issues must be services. Even in the common services,
powers at that time and it, along with considered to answer that question: (1) there is great variation: while all
home rule taxation,remains one of the to whom i the burden of this additional communities provide roads, for ex-
most frequent uses of home powers. taxation falling(i.e.,are the taxes being
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Northern Illinois University
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ample, not all provide and maintain their home community, they pay the leadership offered voters a choice.
curbs, gutters, and sidewalks. Further, added sales taxes that may be imposed Without home rule powers, the city
voters in some communities want by their community. If they rent hotel would have to levy higher property taxes
higher service levels than do voters in and motel rooms in their home or a new tax on utilities to pay for the
other communities. Because of such community, they will also pay those sewage plant expansion.Either tax would
measurement problems, the survey did taxes. But non-residents also pay a have been paid exclusively by local
not attempt to compare either total tax significant percentage of such taxes. taxpayers, but if the voters gave the city
levies or costs of government in home home rule powers,the officials promised
rule and non-home rule cities. A closer look at the taxes listed in Table to levy a higher sales tax to pay for the
3 will reveal that, of the nine taxes plant's expansion. Since the city had a
The survey did,however,gather data to (excluding "other") listed there, only large shopping mall which drew custom-
answer the first two questions and it did two,the wheel tax and the tax on the use ers from a 50-mile radius outside the
gather information on voter response to of natural gas, are levied entirely upon community,the use of sales taxes to pay
local use of home rule powers. This residents or businesses in the commu- for the expansion would mean that
information is provided in the rest of nity. The other seven taxes fall on non- shoppers from outside the city would pay
this report. residents as well as residents. By using a portion of the cost. Faced with that
these taxes, home rule governments choice,the voters,by a 3-2 margin,gave
Don't local residents have to pay reduce the percentage of the local tax Mount Vernon home rule authority.
all the home rule taxes? burden being paid by local taxpayers.
Some of the "other" taxes also fall on
Local residents pay all the home rule The City ofMount Vernon offers a case in non-residents. The Village of Bedford
taxes levied on activities in which they point. When the city was faced with the Park, for example, has a large stone
engage. To the extent that they shop in need to expand its sewage plant,the city's quarry inside its corporate limits. The
village uses its home rule powers to levy
a tax on the mining and removal of the
tablethree stone. Enough revenues are produced
from the tax so that the village does not
Use of Home Rule Taxing Power, 2002 have to levy a property tax to finance
Kind of Tax No. of Municipalities village operations and services.
Using It % of Total The principal taxes levied by non-home
Additional retail sales taxes* 53 60.9 rule communities (taxes on property,
Hotel-motel tax 52 59.7 utility bills, and auto ownership) fall
Real estate transfer tax 31 35.6 exclusively on residents. Perhaps for
Sales tax on restaurant food&beverages 22 25.3 this reason,only one of these home rule
Gasoline tax 15 17.2 taxes —the real estate transfer tax—
Amusement tax 12 13.8 has been strongly opposed by local
Wheel tax 7 8.0 residents. That opposition resulted in
Retail sale of new motor vehicles tax 2 2.3 the passage of a new state law requiring
Use of Natural Gas 2 2.3 local voter approval in a referendum
Other 4 4.6 before any new real estate transfer tax
Number reporting not using any could be imposed by a home rule
home rule tax 14 16.1 community.
*See the discussion of sales taxes for further explanation of this item. Thus, survey data suggest that home
rule tax powers have predominantly
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been used to shift a portion of the local levies. What evidence is available of home rule communities levy property
tax burden to non-residents. To the suggests that voters support home rule taxes in excess of the statutory limits
extent that this is so,their use lessens the in part because of the home rule sales that would apply to them if they did not
percentage of the local tax burden tax option. The business community in have home rule powers, and 22 percent
borne by residents. Sycamore, Illinois, for example, urged of the communities reported that they
the city council to ask voters for home have, in one or more years, levied
Does home rule result in excessive rule approval so the city could levy property tax increases that exceeded the
imposition of sales taxes? higher sales taxes rather than increase tax cap limitations which applied to
property taxes to finance needed non-home rule communities in those
As Table 3 reports, 61 percent of home municipal improvements. years.
rule communities levy sales taxes over
and above the one percent rate allowed Sales taxes also provide a way of But there is also evidence that home rule
by law to all municipal and county funding local services that is viewed as communities, as a group, rely less on
governments in the state. The 1983-86 less painful than higher property taxes. property taxes for local revenues than
survey found that only five percent of This was the case in Mount Vernon. do non-home rule cities and villages.In
home rule communities levied home Other communities do this in different other words, the survey found support
rule sales taxes at that time. Thus, the fashions. Carbondale, for example, for the contention that home rule non-
single biggest change in the use of home dedicated a part of its home rule sales property taxes are widely used to hold
rule powers between the 1983-86 tax revenues to paying for the down or reduce property tax levies.
surveys and the 2002 survey was in the construction of a new high school.
much more frequent use of sales Eighty-three percent of Bloomingdale Table 4, for example, provides survey
taxation to finance local government voters, in an advisory referendum, data which suggests that home rule
operations. approved the village's plan to use communities, as a group and when
higher sales taxes to purchase and divided by population size and location,
Interestingly,this increased use of sales preserve open space in the community. rely less heavily on property taxes for
taxes came in large part as a result of a their revenue than do non-home rule
law passed by the Illinois legislature in Despite such evidence, however, if communities. This is true even for
1992 prohibiting home rule retail sales sales and other home rule taxes are communities which levy taxes in excess
taxes. To replace such taxes, the state accompanied by large increases in of applicable tax caps. The data in the
gave home rule communities authority property taxes,then they could fairly be table compares the percentage of total
to increase the local option component challenged as abusive. If not, such a municipal revenues derived from prop-
of the state retail sales tax (technically charge would be hard to sustain. erty taxes by home rule communities
called a retail occupation tax) from the with the percentage for all Illinois cities,
one percent authorized for all cities and More to the point, it is not sales and villages, and incorporated towns.
counties to as much as 2.5 percent. home rule taxes,but rather the potential
Because this new arrangement gave misuse or abuse of the property tax,that Two qualifications must be made
home rule governments the freedom to has concerned home rule opponents. when interpreting the data in Table 4(on
levy higher sales taxes without having page 5):
to incur any collection costs,the use of So do home rule communities levy
home rule sales taxes increased rapidly higher property taxes? ■ While only 44% of the home rule
thereafter. communities responded to this part
The survey evidence relating to this of the survey, making any definitive
In part, too, home rule governments question is mixed. Some evidence (see conclusions difficult to reach, the
turned to the use of sales taxes because Table 2) indicates that some home rule data collected offers no support for
there is little evidence of significant communities do use home rule powers the notion that home rule
voter opposition to higher sales tax to levy higherproperty taxes: 18 percent communities, on average or in
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general, are imposing property tax
burdens higher than those imposed tabl efour
in non-home rule communities Municipal Reliance on Property Taxes: Percentage of Total
(which make up the greatest part of Municipal Revenues Derived from Property Taxes
the statewide average of all
municipalities). Category All Home Rule Taxing Property
Over Statutory Limits
■ All else being equal, home rule Cook County<25,000 18% 23%
communities should show a higher Cook County>25,000 18%
than average level of dependence on Collar Counties <25,000 13% °
property taxation.Normally,the cost 0 I 1*o
of government, on a total and per Collar Counties>25,000 15/o
capita basis,will be higher in larger Outstate <25,000 15% 16%
communities. Since all but one of Outstate >25,000 10%
Illinois'cities over 25,000 population Statewide Average** 26%
have home rule powers and higher
costs, and since the smallest Illinois
* Too few cases for valid statistical comparison
**
cities and villages are predominantly Source: Statewide Summary of Municipal Finances, 1998,Report of the Comptroller General of Illinois
non-home rule with lower costs, Note:Data from survey are for year 2000;statewide data are for most recent year available, 1998.
home rule communities should show
higher dependence on property
taxes.This survey provides evidence
which suggests that they do not. tablefive
That Illinois home rule cities appear to Average Annual Growth Rates of Property Taxes
rely less on property taxes is not because Communities Number Growth Rate Growth Rate
such cities cost less to govern and serve, W/O Cap W/Cap
but more likely because they are able to Non-Home Rule 104 14.57 7.14
use other kinds of taxes — especially Home Rule 134 9.03 7.55
taxes paid in part by non-residents—to
reduce their dependence on property Source:R.F.Dye&T.J.McGuire,Journal of Public Economics 66(1997)
taxes.It is most likely,for example,that
the relatively low percentage of total
revenues derived by home rule Are the survey findings consistent the tax cap are taken into consideration,
communities from property taxes is with other published research? Dye and McGuire did not find the rate of
related to the widespread use of the sales increase in property taxes between
tax as an alternate revenue source in home rule and non-home rule
Only one other study, published in the
those communities. Journal of Public Economics, has communities to be significantly different.
Given these considerations, the most analyzed the effect of home rule on What then can be said about the
reasonable conclusion is that (1) home property tax increases. In that study,
rule governments, on average, do not summarized in Table 5,R.F.Dye and T. relationship between home rule
J. McGuire found that municipal and taxes?
finance a higher percentage of their property taxes in Illinois have increased
costs using property taxes, but rather
that(2)they do a better job of spreading more rapidly in non-home rule Whatever else home rule has
their tax burdens among a variety of communities than in home rule accomplished for Illinois cities and
taxes less onerous to local taxpayers.
communities. Even when the effects of villages, it has managed to spread tax
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burdens among a larger number of having to bear a high portion ofthe cost of Village), and providing affordable
different taxes and, thereby, it has expanding certain government services, senior citizen housing sites (Wilmette).
reduced local reliance on property such as education and parks, needed to
taxes. serve residents in new subdivisions. How is home rule being used for
regulatory purposes?
Since property taxes are widely regarded, Home rule communities use home rule
nationally as well as in Illinois, as the powers to impose a broad and flexible Table 6(on page 7)summarizes the most
least fair form of taxation, home rule's array of impact fees on developers.Non- common regulatory uses of home rule
impact can be said to have transferred home rule communities may require that powers.
the burdens of municipal finance residential developers donate land, or
toward taxes that enjoy, if not greater cash in lieu of land,to help defray the cost Examples of the use of home rule powers
voter support, then certainly less voter of school and park expansion, but the in the regulatory area include: increasing
animosity and opposition. scope of their authority is much narrower the frequency of building inspections of
than the powers being used by Illinois' rented housing units (Northbrook,
What other changes have resulted home rule communities. Addison, Hanover Park), requiring
from the use of home rule powers? permits for fiber optic trenching permits
Initially, home rule governments used (Granite City), controlling handgun
The survey shows that home rule's other their home rule powers to impose impact ownership and use (Morton Grove,
major impacts have occurred in the fields fees to transfer more of the burden of Niles),and requiring hazardous materials
of economic development, regulation, expanding education and park facilities cleanup(Morton Grove).
and changes in the organization and from old to new residents.More recently,
structure of local governments. home rule communities have enlarged the How much political opposition is
list of government service expansions there to the use of home rule
Aging and declining communities use being expanded with the help of impact 9
home rule to attract new business fees. The first expansion was for powers.
development; rapidly growing transportation impact fees, used to
communities use home rule both to enlarge and expand major arterial streets Respondents to the survey reported very
control development and to make to accommodate the increased traffic that little voter opposition to the use of home
developers pay more of the increase in follows new development. Some rule powers. Two questions were asked
public services costs attributable to their communities are now adding impact fees regarding voter opposition.The questions
developments. Home rule communities to help cover the cost of expanding and their answers are set forth in Table 7
use their expanded powers to broaden library, fire protection, and, in some (on page 7).Because of the frequent turn-
zoning regulations, negotiate tax cases, even general municipal service over in local officials,and the limitations
concessions, develop special planning costs. on memory,such data must be considered
and subdivision control regulations, and valid for a limited period of time,such as
design programs to limit and eradicate Other examples of the use of home rule the last decade.
neighborhood blight and deterioration. powers to promote economic and
community development include: This data is also supported by the
Illinois home rule communities, for establishing special economic frequency of referenda called by local
example,have established a broad use of development districts within the voters to rescind home rule powers.There
impact fees to help finance community community with special zoning and were 21 such referenda between 1971 and
development. Impact fees are fees development goals (Skokie), providing 1981; three were successful. There were
charged developers to recover increases homeowner loans to improve blighted only eight such referenda between 1982
in governmental costs associated with properties(Evergreen Park),authorizing and 1992;only one was successful.There
real estate developments; they are a city purchase of properties in blighted have been no such referenda in Illinois
device used to protect local residents from commercial districts (Elk Grove since 1992.
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tablesix
The Regulatory Use of Home Rule Powers
Question # Responses % Question # Responses %
Do you use home rule to:
1. Develop regulations on: 2. Engage in licensing or franchising:
Curfew 18 20 Liquor sales 15 17
Environment 11 13 Towing truck operators 13 15
Liquor sales or use 35 40 Cable TV 16 18
Zoning 42 48 Utilities 13 15
Other juvenile concerns 13 15 Mobile Homes 9 10
Land use planning/subdivision 34 39 Nursing homes/ 7 8
control retirement communities
tableseven
Measures of Voter Discontent with Home Rule
Question Response Number Percent
Has there been an effort to submit a referendum to abandon Yes 3 3.4
home rule in your community? No 79 90.8
Have there been any periodic, significant criticism or attacks Yes 1 1.1
on home rule in your municipality? No 81 93.1
What does this record show?
The record would seem to indicate that there has been growing voter acceptance of home rule in the communities which are
using home rule powers.While taxation is a major use of home rule powers,the home rule taxes employed spread the cost
of local government to non-residents as well as to residents and appear to be easing municipal reliance on property taxes.
Finally, home rule communities are employing home rule powers for purposes other than taxation,principally to promote
economic development and enhance governments' ability to address a wide range of local problems using regulatory and
other measures.
Home rule, in short, appears to have proven itself an important weapon in empowering local governments to respond
constructively to voter and quality of life concerns.
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EDITORIAL ADVISORY BOARD: ABOUT THE CONTRIBUTORS:
Ken Alderson James M. Banovetz is a senior research
Executive Director,Illinois Municipal League fellow at the Center for Governmental Studies,
Northern Illinois University. A specialist in • •
Kathy Buettner
Executive Director,State&Federal Relations, local government administration and manage- _
ment, he was a consultant to the Local •
Northern Illinois University •_ .• •• _•
Government Committee of the 1970 Illinois _
Philip Bus Constitutional Convention. His research on • • •_ _ • •
Executive Director,Kane County Development Illinois home rule has been published in
Department Illinois Issues, Northern Illinois University
Steven C.Carter Law Review,Illinois Municipal Review,and in
City Mana g er City of Champaign the Midwest Regional Science Quarterly. •
_
Robert J.Christie •
Thomas W. Kelty is a principal in the _
Vice President,Public Affairs,Northwestern Springfield, Illinois, firm of Kelty Law
Memorial Hospital Offices, P.C., where he concentrates in the _
Roberta Lynch areas of municipal law, municipal finance,
Deputy Director,American Federation of land use planning and development,corpora-
State, Coun &Municipal Employees
tY P tion law, and commercial litigation. General
Douglas L.Whitley Counsel to the Illinois Institute for Local
President,Illinois Chamber of Commerce Government Law, he has represented hun-
John Zeunick dreds of Illinois cities,villages, and counties
County Administrator,McLean County over the last 30 years.
'The views expressed in this edition of Policy Profiles are those of James M.Banovetz and Thomas W.Kelty and
do not necessarily represent the views of the Center for Governmental Studies or of Northern Illinois University.
Page 52
The Status of Illinois Home Rule, Part I:
Home Rule Cities And The Voters
By JAMES M. BANOVETZ
Northern Illinois University
With the November 2002 election results compiled,and referendum on the retention of home rule powers. In all of
the addition of Bridgeview and Oakbrook Terrace to the these cases, Berkeley, Lincolnshire and Rolling Meadows,
roster of home rule cities and villages,the number of Illinois voters opted to retain home rule.
municipalities with such powers has now climbed to 153. Home rule retention elections
Of these, 78 gained home rule by achieving or surpassing There have been 31 elections in which voters were
the 25,000 population mark; the remaining 75 gained it by asked whether or not they wished to keep the home rule
referendum. powers already provided to their community. Voters chose
Table 1 lists the 153 home rule communities.Those that in 27 of these elections, or 87 per cent,to retain their home
adopted home rule by referendum are shown with the date rule powers.
of the referendum; those listed without a date gained home Retention elections occur for either of two reasons: (1)
rule powers by virtue of their population size.
voters dissatisfied with their community's use of home rule
Municipalities with a population of 25,000 or more powers may petition the court for a retention election—this
automatically have home rule powers unless voters rescind has happened 25 times; or (2) a community which gains
those powers through a referendum. home rule powers by population is required by law to hold
Home rule cities in Illinois are drawn from all classes of a retention election if its population later falls under the
communities, from Chicago with its 2.9 million people to 25,000 ceiling—this has happened six times.
even the smallest communities,such as Muddy with a 2000 Of the 25 retention elections held in response to voter
population of 78. They come from all parts of the state with petitions,home rule was retained in 21,or 84 per cent of the
the greatest concentration found in the Chicago elections. Home rule was retained in all six of the retention
metropolitan area. elections held because a community's population had fallen
Voter attitudes toward home rule under 25,000. In the aggregate,voters in retention elections
Voters' attitudes toward home rule appear to have chose,by a margin of greater than 2-1, to retain home rule
become more positive in recent years. In home rule's early powers.
years, 1971-75, referenda approving home rule Is home rule an issue with voters?
outnumbered those disapproving by a 3-1 margin. That In a survey of all home rule communities undertaken
margin slipped to less than 1.5 to 1 in the 1976-85 period, jointly by the Illinois Municipal League and the Illinois
then fell further to 1-1.3 against in 1986-99 period. But City-County Management Association in 2001-02,
since the turn of the century, voter approval has turned communities were asked whether: (1) there had been a
positive, if just barely. There were 13 referenda on home recent effort to submit a petition to call for a retention
rule in the first three years of the 21st century; home rule election to abandon home rule, and (2) there had been any
was approved in seven of these elections. But this record periodic,significant criticism or attacks on home rule in the
combines two very different kinds of elections: adoption community. Of the 83 communities responding to the
referenda and retention referenda. survey, 91 per cent answered"no"to both questions. These
Adoption referenda findings suggest that the use of home rule powers is not
There have been 158 referenda since 1971 in which generating significant opposition among voters in
municipal voters have had the opportunity to adopt home communities which already have home rule.
rule. They did so in 77 of these elections, or 49 per cent. This conclusion also finds support among the referenda
That means voters turned down home rule in 81 record on home rule. Understandably, and appropriately,
elections. In five communities,voters rejected home rule in the mixed results of home rule adoption referenda indicate
more than one election. In five others,voters rejected home that voters considering the adoption of home rule are very
rule when it was first put on the ballot,then adopted home skeptical about giving a broad grant of power,including tax
rule in a later election. In Lincolnwood and Oakbrook power, to their municipal government. On the other hand,
Terrace, voters rejected home rule twice before finally the support shown for home rule in retention elections
adopting it in a third election. indicates that a substantial majority of voters in home rule
From another perspective, of the 153 communities communities trust their local officials with home rule
which have had referenda to adopt home rule, 77,or 50 per powers.
cent,ultimately did so. Of these 77, 75 communities,or 97 Indeed, in one of the most recent retention elections,
per cent, still operate under home rule powers. The two held at the request of a voters'petition in Rolling Meadows
who do not are National City, which was dissolved as a in 1999, voters supported home rule by a margin of more
municipal corporation when its last residents moved away, than 9-1.
and Lisle,which later abandoned home rule by referendum. Further results of the survey on home rule will be
In addition to Lisle, three other communities which reported in subsequent articles. ■
gained home rule by referendum also had a subsequent
December 2002/Illinois Municipal Review/Page 7
Page 53
Home Rule Units In Illinois
As of November 20, 2002
Dates listed indicate the year the community adopted home rule by referendum.
I. Counties Darien,2001 Lincolnshire, 1975 Peru, 1981
Cook Decatur Lincolnwood, 1997 Quincy
Deerfield, 1975 Manhattan, 1996 Rantoul, 1982
II. Cities and Villages DeKalb Marion, 1994 Robbins, 1998
Addison Des Plaines Mascoutah, 1979 Rockdale, 1982
Alsip, 1990 Dolton Maywood Rock Island
Alton Downers Grove McCook, 1971 Rolling Meadows, 1985
Arlington Heights East Hazel Crest, 1989 Mettawa, 1990 Rosemount, 1972
Aurora East St. Louis Moline Round Lake Beach
Barrington Hills, 1990 Elgin Monee, 1996 St. Charles
Bartlett Elk Grove Village Monmouth, 1999 Sauget, 1976
Bedford Park, 1971 Elmhurst Morton Grove Schaumburg
Belleville Elmwood Park Mound City, 1973 Schiller Park, 1994
Bellwood, 1994 Elwood, 1997 Mount Prospect Sesser, 1989
Berkeley, 1996 Evanston Mt.Vernon, 1986 Sherman,2002
Berwyn Evergreen Park Muddy, 1981 Skokie
Bloomingdale, 1996 Fairview Heights, 1993 Mundelein South Barrington, 1975
Bloomington Flora, 1975 Murphysboro, 1994 South Holland
Bolingbrook Freeport Naperville Springfield
Bridgeview,2002 Galesburg Naples, 1982 Standard, 1975
Bryant, 1974 Glendale Heights Niles Stickney, 1974
Buffalo Grove, 1980 Glen Ellyn Normal Stone Park, 1972
Burbank Glenview Norridge, 1973 Streamwood
Burnham, 1980 Glenwood, 1986 Northbrook Sycamore, 1996
Cahokia, 1996 Golf, 1976 North Chicago Thornton, 1980
Calumet City Granite City Northlake, 1994 Tinley Park
Calumet Park, 1976 Gurnee Oak Brook Terrace,2002 University Park, 1975
Carbondale Hanover Park Oak Forest Urbana
Carol Stream Harvey Oak Lawn Valmeyer, 1994
Carpentersville, 1993 Harwood Heights, 1995 Oak Park Washington, 1998
Champaign Highland Park Old Mill Creek, 1993 Watseka, 1975
Channahon, 1982 Hillside, 1995 Onarga, 1997 Waukegan
Chicago Hodgkins, 1996 Orland Park West Dundee, 1990
Chicago Heights Hoffman Estates Palatine Wheaton
Chicago Ridge, 1994 Hopkins Park,2001 Park City, 1973 Wheeling, 1977
Cicero Inverness,2000 Park Forest Wilmette
Country Club Hills, 1993 Joliet Park Ridge Woodridge, 1975
Countryside, 1972 Kankakee Pekin
Crystal Lake Lake Barrington, 1991 Peoria
Danville Lansing Peoria Heights, 1986
Ad Copy
Page 8/Illinois Municipal Review/December 2002
Page 54
The Status of Illinois Home Rule, Part III:
Do Home Rule Communities Levy
More Property Taxes?
By JAMES BANOVETZ and THOMAS W. KELTY
Does adopting home rule mean that property taxes will Table 1: Municipal Reliance on Property Taxes
increase? Percentage of Total Municipal Revenues Derived
The opponents of home rule —the optional system for
empowering city and village governments to act—assert that from Property Taxes
property tax increases are the inevitable consequence when Average of
home rule is adopted. All Home
An examination of the record does not support oppo-
nents'claims. Several scholarly studies have been made of the Rule Over
use of property taxes in home rule cities and villages during the Average All Statutory
32 years since home rule first became available to Illinois cities Category Home Rule Limits
and villages. This article summarizes the results of those stud- Cook County Over 25,000 18% 23%
ies.
A study of 134 home rule and 104 comparable non- Cook County Under 25,000 18%
home rule communities recently published in the Journal of
Public Economics reported that property tax rates levied by Collar Counties Over 25,000 13% 11%
non-home rule communities prior to the adoption of tax caps
rose 61 per cent faster than rates levied in the home rule com- Collar Counties Under 25,000 15%
munities over the same period of time. Further,the study found
that the rate of increase in property taxes in the two communi- Outstate Over 25,000 15% 16%
ties were comparable despite the fact home rule home rule
communities were not subject to tax cap limits. Outstate Under 25,000 10%
An earlier study by Professor Robert Albritton reached
similar conclusions. It found that population size and geo- State-Wide Average** 25-30%
graphic location had a greater effect on the rate of increases in
property tax levies than home rule status, and that,when con- * Too few cases for valid statistical comparison
trolled for these variables, the average property tax levy for ** Source: Recent annual Statewide Summary of
home rule communities was the same as the average property Municipal Finances,report of the Illinois Comptroller
tax levy for non-home rule communities during the first ten
years of Illinois'home rule experience.
A just completed survey of Illinois home rule communi-
ties found that home rule communities are less dependent on voted by a margin of more than 3-2 to retain their community's
property taxes for their revenues than are non-home rule com- home rule powers.
munities. On average, according to annual surveys published In three of the four communities that did reject home rule
by the Office of the Illinois Comptroller, cities and villages powers,the use of property taxing powers was the major issue
derive 25-30 percent of the revenues from property taxes. The put before the voters. In Lombard and Villa Park,voters were
2002 survey of Illinois home rule communities found that, on promised by home rule opponents that getting rid of home rule
average, home rule communities derived 10 to 20 percent of would lower their property taxes. The voters in those commu-
their revenue from property taxes,depending upon their popu- nities voted home rule out,but their property taxes did not go
lation and geographic location. The data are shown in Table 1. down because home rule powers had not been used to raise
To be sure,there are some—fewer than one in five home property taxes.
rule communities at last count—that do levy property taxes at
rates higher than would be allowed by statute for non-home In the third case involving property taxes, Rockford voters
rule communities. But not even these communities use all the decided to abandon home rule and their property taxes did go
taxing powers given to non-home rule communities by law. down. So too did municipal services with the result that vot-
Rather,to these communities,elected officials have determined ers, in the months following home rule's abolition, voted in
that local residents would rather pay higher property taxes than five of seven referenda to increase their property taxes.
some of the other taxes,like utility taxes,which non-home rule No community has voted to eliminate home rule since
cities can levy to finance the services they provide. Rockford did so in 1983. As home rule's record has become
In short, there is no economic data that supports the con- better established and known,there have been fewer such ref-
tention that property taxes necessarily or even usually increase erenda and, in those referenda, voters have, by margins of as
faster in home rule communities than in non-home rule com- much as 9-1,chosen to retain local home rule powers.
munities. There is no evidence in the record that home rule taxing
Available evidence also suggests that voters in Illinois powers are being misused. ■
home rule communities do not believe that home rule has led
to undesirable rates of taxation. Voters in all home rule com- 1. T.F.Dye and T.J.McGuire,"The effect of tax limitation measures on
munities have the option to stop home rule tax levies b voting local government fiscal behavior," Journal of Public Economics, 66
p p Y g (1997)469.
home rule out. And, indeed, in the last 32 years, home rule 2. Reported in J.Banovetz and T.Kelty,Home Rule in Illinois:Image and
opponents have succeeded 29 times in placing the elimination Reality,(University of Illinois,Springfield),1987 at 18-23.
of home rule on the ballot in a home rule community. Most of
the resulting election campaigns were fought on the issue of James Banovetz is Professor Emeritus and Senior Research Fellow of
the Center for Governmental Studies at Northern Illinois University.
whether taxes, and especially property taxes,were being mis- Former legal counsel to the Illinois Municipal League,Thomas W.Kelty is
used. Voters approved the retention of home rule powers in 25 the senior member of Kelty Law Offices, P.C., Springfield, Illinois and
of these 29 elections, or 83 per cent. In the aggregate, they general counsel to the Illinois Institute for Local Government Law.
April 2003/Illinois Municipal Review/Page 15
Page 55
HOME RULE AND DEVELOPMENT
James M. Banovetz
People tend to equate home rule and taxation, and indeed taxation has emerged as one of the key
uses to which home rule is put. Less well known, and probably just as significant, is the way
home rule is being used to promote a wide variety of development objectives. The 2002 survey
of home rule uses documented, not only heavy development use, but increasingly creative use of
home rule powers for developmental purposes.
Chief among these is the expansion underway in the use of impact fees. Impact fees are now
being used to finance more of the costs of development than the traditional school and park
impact fees. Impact fees are now being used to support: Libraries (Arlington Height, Bartlett,
Channahon, Carol Stream, Manhattan, and Wheeling); General Municipal service expansion
(Carol Stream, Channahon, and Manhattan); and Police services (Bartlett).
Skokie uses its home rule powers to create Economic Development Districts. These are special
districts created by ordinance. Each district is used as a basis for formulating its own zoning and
economic development goals.
Other notable new uses of home rule in conjunction with development include Joliet' s
neighborhood improvement program in which the city shares infrastructure costs with residents ;
Wilmette's transfer of park property to use for the development of senior housing, and Elk Grove
Village's use of home rule to support its efforts to purchase and redevelop property in blighted
commercial areas.
Rock Island uses home rule to offer annexation agreements under which the city rebates taxes for
the annexed land until development occurs on the land. Addison used home rule to extend the
length of its annexation agreements.
Lincolnshire and Schiller Park both have used home rule to combine their planning commissions
with their boards of zoning appeals.
Addison has raised its home rule sales tax to underwrite bonds issued to raise money to spur
redevelopment of buildings, including public buildings.
Home rule is truly for something other than levying taxes.
Reference: City/County Management in Illinois, Vol.83, No. 10, June 2003
�Ity
Warrenville HOMETOWN HAPPENINGS: WINTER 2003
26VM701 Stafford Race • Wa rrenvdie.IL 611555 WWW.WARRENVILLE.IL.US
(mil
www.warrenville.il.us Home Rule Referendum
Winter 2003 On July 21, 2003, the Warrenville City Council voted to pursue a referendum on home rule authority
at the March, 2004, primary election. A citizens committee formed to seek petition signatures to put
home rule on the ballot.If granted, the home rule authority will only apply to City government. With-
out home rule, the City is restricted to the powers that are specifically listed in state statutes. With
home rule,the City would have the flexibility to address local matters unless that power is specifically
denied by the state.
INSIDE THIS ISSUE:
City Issues Regarding Home Rule
Public Safety/Additional Patrol Officers
In recognition of growing demands on public safety, the City Council recently approved hiring of up
to three additional Police Officers.New revenue will be needed to pay for these officers.
Property Maintenance Codes
Without home rule, Code Enforcement Officers must rely on complaints,observations from the street,
and the voluntary compliance of property owners.In order to maintain attractive neighborhoods,prop-
erty maintenance codes must be enforced. Home rule authority can also allow for broader regulation
of large rental complexes. These simple tools would assist the City in monitoring overcrowding and
® illegal room conversions.
City Finances
Over the past five years,non-personnel expenses have remained static or been reduced each year. Just
like most businesses, City costs are rising faster than revenues. Further, significant expenditure cuts
® can only be made in areas that affect services. The Council wishes to find revenue sources that do not
increase property/utility taxes and fees such as the vehicle sticker.
Passage of a home rule referendum in Warrenville would provide the City Council with several sig-
nificant sources of revenue that are not currently available. Examples include a more diverse use of
the existing hotel and motel taxes, implementation of a restaurant and bar tax, or additional sales tax.
If enacted under home rule authority,these taxes would provide sufficient revenue so that the City can
avoid property and utility tax increases. A real estate transfer tax can only be imposed by another ref-
erendum.
10
The Debate:
Home rule gives cities the power to solve local problems(supporters)
11 Home rule gives cities too much power, especially to tax(opponents)
12
-Continued onpage 3...
Edited by Ana Vainisi
Executive Secretary/
Deputy City Clerk
PaLTe 57
Page 2 Hometown Happenings:Winter 2003 www.warrenville.il.us
Hometown Happenings is published by the City
as a public information service for our residents City Council Meetings are held at 7:00 p.m. at the Warrenville City Hall on the
and businesses first and third Monday of each month.
Committee of the Whole Meetings are held at 7:00 p.m. at the Warrenville City
City of Warrenville Hall as follows:
www.warrenville.il.us Finance:2nd Monday of January,March,May,July, September,November
Community Development:4th Monday of January,March,May,July, Septem-
Mayor:Vivian M.Lund ber,November
vlund @warrenville.il.us Public Safety: 2nd Monday of February,April,June,August,October,December
City Clerk:Emily J.Larson
elarson @warrenville.il.us Channel 10 Program Schedule CITY HALL HOURS
City Treasurer:Robert Johnson Council Meetings Monday through Friday
Wednesday 7:00 p.m. 8:00 a.m.to 5:00 p.m.
Aldermen Thursday 10:00 a.m. &7:00 p.m.
Linda Spicer:lspicer @warrenville.il.us
Ward 1 Friday&Saturday 7:00 p.m. OLICE DEPARTMEN
James McGuire:jamesmcguire @warrenville.il.us Sunday 10:00 a.m. &7:00 p.m. HOURS
Ward 2 Committees Monday through Friday
David Schultz:davidschultz @warrenville.il.us Monday 7:00 a.m. 8:00 a.m.to 11:00 p.m.
Mark Lamberg:mlamberg @warrenville.il.us Tuesday 7:00 a.m. &3:30 p.m. Saturday
Wednesday 2:30 p.m. & 11:00 p.m. 9:00 a.m. to 9:00 p.m.
Ward 3 Thursday 2:30 p.m.
Gary Reader:greader @warrenville.il.us Friday& Saturday 7:00 a.m. & 11:00 p.m.
David Brummel:dbrummel @warrenville.il.us
Ward 4
George Safford:gsafford @warrenville.il.us Public Utilities
Christopher Stull:cstull @warrenville.il.us Commonwealth Edison ............(1-800-EDISONI)...............1800-334-7661
SBC(Repair) .............................................................1888-611-4466
City Administrator SBC Customer Service ...................................................1800-660-3000
John M.Coakley NICOR.....................................................................1888-642-6748
Police Chief Comcast Cable ...................................................................266-8808
Robert LaDeur ARC Disposal .............................................................1847-981-0091
Warrenville Water/Sewer Division ............................................393-5753
Community Development Director
Ronald Mentzer Local Schools
Director of Finance&Information Community School District#200 offices.....................................682-2000
Services Bower Elementary School......................................................393-9413
Erik Bush Johnson Elementary School ................................................... 393-7187
Four Winds Waldorf School ................................................... 836-9400
Public Works Superintendent Hubble Middle School ..........................................................682-2160
Michael Smith St.Francis Catholic High School .............................................668-5800
St.Irene Catholic School .......................................................393-9303
Wheaton-Warrenville South High School ................................... 682-2120
Services Available at City Hall Government and Civic Numbers
❑ Temporary Handicapped Parking Placards City Hall—Administration,Finance&Elected Officials ................393-9427
❑ Dog Tags Police/Fire Response Number....................................................... 911
❑ "No Solicitors"Cards Police Department Administration ...........................................393-2131
❑ Payment of Water& Sewer Bills Community Development—Building and Code Enforcement............393-9050
❑ Notary Public Community Development—Planning and Zoning Division ..............393-9050
❑ Voter Registration Public Works Administration—City Garage ...............................393-1223
❑ Sale of Refuse Stickers&Recycling Bins Warrenville Fire Protection District .........................................393-1381
❑ Building Permits/Zoning Issues Warrenville Library District ...................................................393-1171
Warrenville Chamber of Commerce .........................................393-9080
El Property Maintenance Code Enforcement Warrenville Post Office .......................................................393-1109
❑ Requests for Public Records Warrenville Youth&Family Services .......................................393-7057
Page 58
Page 3 Hometown Happenings:Winter 2003 www.warrenville.il.us
MUNICIPAL
Home Rule Referendum (Continued)
Unlike property and utility taxes, home rule authority taxes may be applied primarily to non-essential purchases. It also allows
the City to capture revenue from the multitude of visitors who eat in our restaurants, visit our bars, or shop here. While the visi-
tors are welcome to enjoy the numerous amenities of our community, they do create additional traffic, retail crimes, and police
calls. Recouping tax revenue from non-residents to pay for the additional police service or wear and tear on our roads is a more
equitable way to cover the costs of these services and reduce the burden on the local taxpayer.
Land Acquisition
The Council would like to help the school district purchase land for a new middle school to be located in Warrenville. As a non-
home rule community,the City is in a difficult position to accomplish this goal. As a home rule unit,the City could purchase the
desired site as open space and have more flexibility in working with the school district.
According to a study by the Northern Illinois University Center for Governmental Studies, cities with home rule authority did not
abuse their taxing authority. In fact, when additional tax revenue was needed, they relied on creative sources of tax revenue that
did not solely target the property owners.
Home Rule Units of Government
The home rule provisions in the 1970 Illinois Constitution allows for broader more flexible authority for home rule units of gov-
ernment. `A home rule unit may exercise any power and perform any function pertaining to its government and affairs includ-
ing, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license, to tax,
and to incur debt."(Article VII, Sec. 6 of the 1970 Illinois Constitution).
As urbanization increased and municipalities became less rural,the complexity of their problems warranted the ability to address
them at the local level. Hence, home rule was born. The term "home rule" designates the concept of"local control" or "self-
government"(Illinois Municipal Review,June 1997).
From Illinois Home Rule: A Thirty Year Assessment by James M. Facts About Home Rule
Banovetz and Thomas W. Kelty, as printed in Policy Profiles, by the ❑ Home rule is automatically granted when
Center for Governmental Studies, Northern Illinois University, Febru- a local population hits 25,000
ary 2001 ❑ For cities under 25,000 population,home
rule can be granted by referendum
The Debate: ❑ Home rule can also be removed by refer-
Home rule gives cities the power to solve local problems(supporters) endum
Home rule gives cities too much power,especially to tax(opponents) ❑ Half(18 out of 36) of the municipalities
in DuPage County are home rule
The Findings: ❑ There are 153 home rule communities in
Home rule taxes reduce the cities'reliance on property tax Illinois
❑ Under home rule, local decisions con-
Cities use home rule to respond to quality of life concerns tinue to be made by the City Council,
consisting of Aldermen elected by
Little voter opposition to home rule was reported in home rule cities Warrenville citizens
"It (home rule) gives residents in non-home rule counties, cities, and
villages additional options when searching for new ways to solve com-
munity problems."
-Continued on page 4.
Page 59
Page 4 Hometown Happenings:Winter 2003 www.warrenville.il.us
MUNICIPAL HAPPENINGS
Home Rule Referendum (Continued)
Additional Resources on Home Rule Authority
Home Rule, the Aftermath of a Revolution by Thomas Kelty and James Banovetz
Illinois Home Rule and Taxation:A New Approach to Local Government Enabling Authority by Thomas Kelty.
Illinois Municipal Review issued by the Illinois Municipal League,Legislative Action Center
Policy Profiles issued by Northern Illinois University,Center for Governmental Studies.
Questions regarding home rule authority can be directed to City Administrator John Coakley at 630/393-9427.
Excerpts from Policy Profiles "The Uses of Home Rule with Special Emphasis on Taxation", by James M.
Banovetz and Thomas W. Kelty, as printed by Center for Governmental Studies, Northern Illinois University,
Vo. 2,No. 3, August 2002
❑ Local residents pay all the home rule taxes levied on activities in which they engage. To the extent that they
shop in their community, they pay the added sales taxes that may be imposed by their community. If they rent
hotel and motel rooms in their home community, they will also pay those taxes. But, non-residents also pay a
significant percentage of such taxes.
❑ Thus, survey data suggests that home rule tax powers have predominantly been used to shift a portion of the
local tax burden to non-residents. To the extent that this is so, their use lessens the percentage of the local tax
burden borne by residents.
❑ That Illinois home rule cities appear to rely less on property taxes is not because such cities cost less to govern
and serve, but more likely because they are able to use other kinds of taxes — especially taxes paid in part by
non-residents—to reduce their dependence on property taxes.
❑ Whatever else home rule has accomplished for Illinois cities and villages, it has managed to spread tax
burdens among a larger number of different taxes and, thereby, it has reduced local reliance on
property taxes.
Conclusion: What does the record show?
While taxation is a major use of home rule powers, the home rule taxes employed spread the cost of local govern-
ment to non-residents as well as to residents and appear to be easing municipal reliance on property taxes. Finally,
home rule communities are employing home rule powers for purposes other than taxation, principally to promote
economic development and enhance government's ability to address a wide range of local problems using regula-
tory and other measures.
Home rule, in short, appears to have proven itself an important weapon in empowering local government to re-
spond constructively to voter and quality of life concerns.
Page 60
Illinois Home Rule Municipalities
As of 10/14/04 there are 167 Home Rule Municipalities in Illinois
Addison Decatur Lincolnshire Pose
Alsip Deerfield Lincolnwood Prairie Grove
Alton DeKalb Manhattan Quincy
Arlington Heights Des Plaines Marion Rantoul
Aurora Dolton Mascoutah Robbins
Barrington Hills Downers Grove Maywood Rock Island
Bartlett East Dundee McCook Rockdale
Bartonville East Hazel Crest Mettawa Rolling Meadows
Batavia* East St. Louis Moline Romeoville
Bedford Park Elgin Monee Rosemont
Belleville Elk Grove Village Monmouth Round Lake Beach
Bellwood Elmhurst Morton Grove Saint Charles
Berkeley Elmwood Park Mound City Sauget
Berwyn Elwood Mount Prospect Schaumburg
Bloomingdale Evanston Mount Vernon Schiller Park
Bloomington Evergreen Park Muddy Sesser
Bolingbrook Fairview Heights Mundelein Sherman
Bridgeview Flora Murphysboro Skokie
Bryant Forest View Naperville South Barrington
Buffalo Grove Freeport Naples South Holland
Burbank Galesburg Nauvoo Springfield
Burnham Glen Ellyn Niles Standard
Cahokia Glendale Heights Normal Stickney
Calumet City Glenview Norridge Stone Park
Calumet Park Glenwood North Chicago Streamwood
Carbondale Golf Northbrook Sycamore
Carlock Granite City Northlake Thornton
Carol Stream Gurnee Oak Forest Tinley Park
Carpentersville Hanover Park Oak Lawn Tuscola
Carterville Harvey Oak Park University Park
Champaign Harwood Heights Oakbrook Terrace Urbana
Channahon Herrin Old Mill Creek Valmeyer
Chicago Highland Park Onarga Warrenville
Chicago Heights Hillside Orland Park Washington
Chicago Ridge Hodgkins Palatine Watseka
Christopher Hoffman Estates Park City Waukegan
Cicero Hopkins Park Park Forest West Dundee
Country Club Hills Inverness Park Ridge Wheaton
Countryside Joliet Pekin Wheeling
Crainville Kankakee Peoria Wilmette
Crystal Lake Lake Barrington Peoria Heights Woodridge
Danville Lansing Peru
Darien
*Per a special census, Batavia has more than 25,000 in population,but is waiting for State to issue
certification. Geneva's comparable communities (highlighted in yellow)include Algonquin, Batavia,
Bloomingdale, Carpentersville, Darien, Deerfield, Glen Ellyn, Hinsdale, LaGrange, Libertyville, Lisle,
McHenry, St. Charles,West Chicago, and Woodstock.
Page 61
a F
Al.
•� 1 O\
City of Geneva
Home Rule Research Information
"Possible Uses of Home Rule in Specific Areas"
August 23, 2005
Possible Uses of Home Rule in Specific Areas
General Administration
Home rule allows for broader licensing and regulation authority for municipalities
without first having to go to the state government for permission.
Examples of licensing and regulations:
• Cable
• Liquor
• Utilities
• Land Use
• Public Transit
• Mobile Homes
• Vendors
• Nursing Homes
• Tow Trucks
• Pollution
By changing to home rule, a municipality would be able to:
• Impose fines greater than the $750 limit
• License and regulate cats
• License vending machines by ordinance
• Impose a user fee on truck traffic
• Alter curfew for juveniles
• Regulate hand gun registration and possession within city boundaries
Governmental Organization
Home rule allows for a change in the structure of municipal government based upon the
approval of local voters.
Examples of governmental changes:
• Appointing a Clerk
• Creating or eliminating positions
• Changing council powers
• Changing size of council
• Changing election procedures
• Lengthening terms of an office
2
By changing to home rule, a municipality would be able to:
• Increase or decrease the size of the city council
• Establish a strong mayor form of government
• Change the Mayor's position from part-time to full-time or from full-time to part-
time
• Make all municipal elections non-partisan
• Cease being a home rule unit through public referendum
Opposing State Mandates
Home rule allows a municipality to work around certain state mandates.
By changing to home rule, a municipality would be able to:
• Adopt a budget and appropriation ordinance process different than what is found
in the state statutes
• Build and operate a hydroelectric plant without regard to specific Illinois statutory
requirements
• Set mandatory retirement age below the statutory age of 63
Community Development
Home rule gives municipalities, through the use of broader zoning regulations, the ability
to rehabilitate older residential neighborhoods while helping to prevent neighborhood
deterioration.
By changing to home rule, a municipality would be able to:
• Enforce regulations regarding property maintenance costs
• Adopt a housing code provision prohibiting owners of vacant houses from leaving
the property boarded up and unused longer than six months
• Revise zoning regulations
• Require a license to install or maintain burglar and/or fire alarms
• Broaden the use of eminent domain in acquiring blighted or deteriorated
properties
Financial Tools
Home rule gives municipalities the ability to develop creative financing and incur debt
beyond statutory limits, in order to expediate local economic development.
Examples of financial development:
• Authorize municipal acquisition, redevelopment, and sale of blighted areas
3
• Issue non referendum general obligation bonds for private loans or for the purpose
of development
• Allows local officials more latitude to bargain with developers
• Revenue bonds can be used to finance projects which are not specified in state
statutes, at higher interest rates
• Issue revenue bonds to provide capital for low-interest residential loans
• The ability to use ordinary bank loans as an alternative,which may not be
available under statutory law to non-home rule units
• Secure Industrial Revenue Bonds not subject to outside competition
• Adopt investment policies not restricted by state statutes
• Provide subsidies or credits to private businesses using non-referendum general
obligation bonds as loan guarantees
By changing to home rule, a municipality would be able to:
• Issue development revenue bonds to help develop a shopping center
• Issue a sales tax rebate to a new or expanding business in order to attract new
retail
• Adopt investment policies not included in state statutes
• Use non-referendum general obligation bonds for private loans for construction of
housing for the elderly
• Issue non-referendum general obligation bonds to build a new civic center
• Issue non-referendum general obligation bonds to construct parking ramps
Taxing Authority
Home rule allows municipalities to impose taxes not available to non home rule
municipalities. Home rule municipalities are not subject to limitations set by state statute
on property tax rates or bonded indebtedness.
Examples of taxes that home rule municipalities can impose or are freed from state
restrictions are:
• Real Estate Transfer Tax
• Hotel/Motel
• Utility
• Property taxes
• Amusement
• New motor vehicle
• Gasoline
• Food and Beverage
• Liquor
• Mobile Homes
4
By changing to home rule, a municipality would be able to:
• Adopt a restaurant tax to fund a convention or visitor's bureau
• Give a sales tax rebate to new or expanding businesses
• Impose a tax on the storage of flammable liquids
• Impose a hotel-motel tax or use the existing hotel-motel tax for any purpose
deemed necessary
• Impose a tax on retail sales that is limited to the first $500
• Impose a tax on the retail sale of automobiles
• Impose a tax on cigarettes
• Impose a tax on gasoline
• Impose a real estate transfer or exit tax, local moves exempted
Police and Fire
Home rule allows municipalities to organize the Police and Fire departments in unique
ways that better serve the municipalities.
Examples of better organization of Police and Fire Departments are:
• Creation of alternatives to Police and Fire Commissions
• Create exempt ranks
• Change Commission powers
• Create new positions
By changing to home rule, a municipality would be able to:
• Create two police deputy chief positions
• Hire a personnel director and personnel board instead of having a Police and Fire
Commission
• Give Police and Fire Commissioners more authority over personnel including
demotions
• Transfer power to hire police officers from Police and Fire Commission to the
City Manager/Administrator
Conclusion
These are just some of the many possible uses for Home Rule. Since the 1970 Illinois
Constitution states that the "... powers and functions of home rule units shall be
construed liberally." (Art. VII, Sec. 6), this allows for home rule municipalities to find
more creative ways to manage local municipalities.
5
T HE C IT Y OF
LAKE FOREST HOME RULE QUESTIONS &ANSWERS
C I I A R T E R E D }9 4 1
WHAT IS "HOME RULE"?
Under the 1970 Illinois Constitution, Home Rule shifts decision making from the state level (Springfield) to
the local level (Lake Forest) enabling communities to find local solutions to local problems.
Home Rule communities are granted a broad range of powers for the local good unless exempted by the
State. Often a Home Rule community is exempted from meeting requirements mandated by state legislation.
HOW DOES A COMMUNITY BECOME HOME RULE?
Municipalities with populations over 25,000 are automatically granted Home Rule status, while smaller
communities can put the question on a ballot and let voters decide. The majority(over 70%) of Illinois'
12.5 million citizens live in Home Rule communities. Among Illinois communities having Home Rule,
55% attained Home Rule status by voter approval of a Home Rule referendum, such as the one on the
November 2, 2004 ballot. No community has petitioned to revoke Home Rule status in the past 20 years.
WHAT NEARBY COMMUNITIES ARE HOME RULE?
Deerfield Gurnee Mettawa Skokie
Evanston Highland Park Mundelein Waukegan
Glenview Lincolnshire Northbrook Wilmette
Currently, several other North Shore communities like Lake Forest are considering voter approval of
Home Rule status.
WHY IS LAKE FOREST CONSIDERING HOME RULE?
If approved by the voters, Home Rule will provide the City with additional flexibility and local control for
maintaining the character of our community. It would enhance the City's ability to preserve the integrity of
its zoning ordinances, to operate in a more cost-effective manner, and to have a more diversified and flexible
revenue base that could reduce dependency on property taxes.
WHAT ARE THE BENEFITS OF HOME RULE?
The adoption of Home Rule would provide Lake Forest greater protection from state mandates and the
ability to solve problems at a local level. Specifically, major benefits frequently associated with Home Rule
are threefold:
Maintaining Community Character
Home Rule would mean that the State of Illinois cannot intercede as a super zoning authority. The City
would retain local control over zoning issues instead of allowing petitioners to go to the State for final
decisions on such things as affordable housing, day care, etc. Petitions would come directly to the City and
go through the local public hearing process for a decision. This local process gives residents the opportunity
1
to review petitions that directly impact their property. Lake Forest would have direct control over important
issues that impact property values and community character.
Increased Financial Flexibility
Lake Forest's long-term financial stability is being impacted by decreasing revenues (tax cap limitation and a
reduction in state revenues, development fees and sales taxes) coupled with increasing expenses (higher
insurance,pension and health care costs, aging infrastructure, and additional state mandates). Home Rule is
not only a flexible tool that endorses local decision making; it enables sound long-term fiscal planning.
Home Rule would provide Lake Forest with the flexibility to explore new funding sources, such as a
licensing fee for service businesses (banks, landscapers, etc.), restaurant tax, real estate transfer tax, etc.
Home Rule status would also allow the City to use the existing Hotel Tax revenue for infrastructure (streets,
sewers, etc.) instead of limiting its use solely to tourism. Home Rule communities have more flexibility in
regard to debt offerings often resulting in lower interest rates and a strengthened bond rating.
Reduced Regulation from State Mandates
Home Rule can afford Lake Forest greater protection against state control, such as the recently enacted
Affordable Housing Act. Under that Act, Lake Forest could be required to increase its overall percentage of
affordable housing to 10%, or approximately 330 new units. If Lake Forest were Home Rule, it could still
support this important initiative but at a level that more appropriately addresses our community's needs.
State legislatures often impose unfunded mandates on local governments to provide certain services that fail
to provide a revenue source to offset the cost of those services.
WHAT ARE THE POTENTIAL DISADVANTAGES OF HOME RULE?
Home Rule gives local government greater discretion to generate revenues through issuing bonds and
increased taxes -- i.e., property and sales tax increases, restaurant tax, real estate transfer tax, etc.
Home Rule permits greater local control over decision making without state oversight and without certain
procedural limitations.
WILL PROPERTY TAXES INCREASE UNDER HOME RULE?
Based on the research of Professor James Banovetz, widely regarded as the foremost expert on Home Rule in
Illinois, there is no evidence that Home Rule municipalities have higher or faster growing property taxes than
comparable non-Home Rule municipalities. In fact, Home Rule status is often used to shift the tax burden
from property taxes to other revenue sources, such as licensing fees, restaurant tax, real estate transfer tax,
etc. This would diversify the revenue base and reduce the burden on property owners. Indeed, communities
that have adopted Home Rule status have seen their property taxes increase at a lower rate than non-Home
Rule communities.
The City Council has recognized the concern of residents about increased taxing authority. In early August
2004, the City Council adopted an ordinance to continue to adhere to the property tax limitations commonly
referred to as the "property tax cap." The only exceptions to this limitation would be if an emergency or legal
requirement dictates an increase or if the residents approved a referendum for an increase beyond that called
for under tax cap legislation. Additionally, under a proposal before the City Council, if Home Rule authority
is approved by the voters, any increase in tax rates would require two public meetings and a super-majority
(two-thirds)vote of the City Council.
2
IF THE HOME RULE REFERENDUM IS APPROVED, DOES THAT MEAN THAT
THE CITY WILL ADOPT A REAL ESTATE TRANSFER TAX?
The real estate transfer tax is one alternative revenue source that could be considered by The City of Lake
Forest if the voters approve the Home Rule referendum. Before the City could enact a real estate transfer tax,
however, voters would have to approve it on a separate referendum in the future.
HOW DOES HOME RULE AFFECT SCHOOL DISTRICT FUNDING?
Home Rule has no effect on School Districts 115 or 67 as they are independent governmental and funding
bodies.
HOW DO RESIDENTS CONTROL THE USE OF HOME RULE?
Voters can petition to revoke a community's Home Rule status. (In Illinois, this has not occurred in the past
20 years.)
Another safeguard for taxation and spending restraint is resident participation in City government and local
elections. One-half of the City's aldermen are up for election each year, the Mayor every two years. Lake
Forest has a long-standing tradition of residents staying informed on local issues and communicating with
local officials. If residents view the City Council as not fiscally prudent, residents can vote to change Council
membership and leadership.
Finally, the Aldermen and Mayor are also residents. They would be personally impacted by any Council
action.
IF THE HOME RULE REFERENDUM FAILS, HOW WILL IT AFFECT LAKE
FOREST RESIDENTS?
Lake Forest will be required to comply with all State mandates, including those that are not funded; some
current mandates could impact community character, long-term finances and property values.
Without the financial flexibility Home Rule provides, the City Council will continue to look for ways to
contain costs to maintain a balanced budget and fund necessary capital expenditures. This would likely
include reductions in personnel and equipment purchases; postponement/elimination of needed capital
improvements (repairs to streets, sewers,parks, etc.); and/or modifications to user fees to fund service
delivery costs (garbage collection, etc.).
In all likelihood, additional borrowing for infrastructure improvements would be required. The issuance of
additional bonds would result in higher property taxes.
IF THE HOME RULE REFERENDUM IS APPROVED, HOW WILL IT AFFECT
LAKE FOREST RESIDENTS?
Lake Forest will not be required to comply with all State mandates (whether funded or not)but will have the
ability to evaluate certain State requirements and decide what is appropriate for Lake Forest.
The City Council will have the flexibility to explore a variety of alternative revenue sources to balance future
budgets and fund needed infrastructure improvements.
home rule/q&a final 9/7/04
3
a 0
T II E C IT Y OF
LAKE FOREST
I I A R T[R[D 18 6 I
LEARN MORE ABOUT HOME RULE
Residents have an opportunity to learn more about Home Rule and to discuss its impact on
community character with their Aldermen at these upcoming meetings:
Ward 1: Thursday, September 23, 6:30-8:30 p.m.,
Sheridan School, 1360 N. Sheridan Road
Ward 2: Wednesday, September 29, 6:30-8:30 p.m.,
Cherokee School, 475 E. Cherokee Road
Ward 3: to be determined
Ward 4: Tuesday, September 28, 6:30-8:30 p.m.,
Everett School, 1111 Everett School Road
Public Forum: Wednesday, October 6, 6:30-8:30 p.m.,
location to be determined
For updates on these meetings and additional information on Home Rule, go to the City's
website at www.cityoflakeforest.com and visit the "What's New" section.
4
C/T y Reviewed By: Agenda Item Number
J� A 0 Legal El
II NB #5
11 "AM Finance ❑
EST. �Z 1836 Engineer ❑
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City Administrator Tracking Number
Police ❑
Kentlall County
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City Council Agenda Item Summary Memo
Title: City Intern- discussion
City Council/Committee Agenda Date: Administration Committee—July 21, 2011
Synopsis: Discussion of the creation of a Code Enforcement Intern position for FY 12 and 13.
Council Action Previously Taken:
Date of Action: N/A Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Discussion and direction
Submitted by: Alderwoman Rose Spears Administration
Name Department
Agenda Item Notes:
Co.y
o Memorandum
'"' To: City Council
EST. �Z 1836 From: Bart Olson, City Administrator
.4 _�` CC:
0 �� �o,gaa, �p Date: July 15, 2011
Ke tld"u" Subject: City intern discussion
J Y
This agenda item was requested by Alderwoman Spears. She has forwarded along a job
posting from Oswego (attached) for a Code Enforcement intern, who is specifically responsible
for processing every aspect of weed violations during the spring, summer and fall. At $10 per
hour, 35 hours per week, and probably 31 weeks per year, the total cost of this intern for Oswego
will approach $10,000 per year.
Since the departure of the Code Official, the Public Works and Parks Department has
been processing weed violation complaints. While the initial investigation and processing has
been handled relatively efficiently by the staff, the posting documentation and ticket writing is
done singularly by the Public Works Director(he is the remaining individual authorized to write
the tickets). The Public Works Director has more important issues to deal with than processing
weed complaints, and likewise for the Public Works and Parks Department employees currently
doing the investigations.
If authorized by City Council, this position could be hired in 3 weeks from approval, and
would still be very useful to staff for the remainder of this calendar year. We are still predicted
to run a budget surplus this year(to offset our negative fund balance), so any expenses associated
with this position would merely reduce that surplus. If the Administration Committee approves
the position, we would post a job opening immediately with a salary of$10 per hour and 35
hours per week with employment through the end of October.
Village of
i
swepn
POSITION ANNOUNCEMENT
Position: Code Enforcement Intern
Department: Building & Zoning
Status: Temporary, Part-Time (June —August 2011)
Pay Rate: $10.00 per hour
Posting Date: May 18, 2011
Application Deadline: May 31, 2011
Position Summary This temporary position will be responsible for conducting
daily tours of the Village to report on weed,watering and
sign violations; issuing warnings and violations notices; and
assisting Code Enforcement Officers.
Hours of Work Work hours for this position will be approximately 25-30
hours per week, primarily during the day,from June
through August.
Education/License/Certifications/ High school diploma (or equivalent); 1-3 years of related
Experience experience; and valid State of Illinois driver's license
required. Candidates pursuing an education in municipal
government strongly preferred.
Selection Process Selection process includes 1 personal interview,
background check including criminal history check,
previous employment verification. The selection process is
expected to take 2 weeks. Previous application for this
position or others within the department does not
disqualify individuals from consideration for this position.
Skills/Abilities Candidates must possess the ability to express themselves
effectively verbally and in writing; and excellent customer
service skills.
To Apply Please forward questions and completed applications
and/or resumes to: Village of Oswego Human Resource
Department, 100 Parkers Mill, Oswego, IL 60543,fax:
630/554-3306; email hu man resources osweeoil.ore.
The Village of Oswego is an EOE/ADA employer
C/Ty Reviewed By: Agenda Item Number
0s Legal ❑
° NB #6
Finance ❑
EST. , �'� 1836
Engineer ❑
4O y City Administrator Tracking Number
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Kendall County
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City Council Agenda Item Summary Memo
Title: Library Impact Fee Ordinance
City Council/Committee Agenda Date: Administration Committee—July 21, 2011
Synopsis: An amendment to the Library Impact Fee Ordinance.
Council Action Previously Taken:
Date of Action: N/A Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Alderman Carlo Colosimo Administration
Name Department
Agenda Item Notes:
.��0 Co.y
o Memorandum
'"' To: Administration Committee
EST. �Z 1836 From: Bart Olson, City Administrator
.4 _�` CC:
0 �� �o,gaa, �p Date: July 15, 2011
Ke tld"u" Subject: Library Impact Fee Ordinance
J Y P
This item was requested by Alderman Carlo Colosimo and the Library Board. The
current library impact fee is $500 per dwelling unit. That $500 is further split between $250 for
books and technology, and $250 for building issues. With the construction of the new library,
the Library Board is sitting on $300,000 of library building impact fees with few projects in
which to use the fees. With that not expected to change over the next few years, the Library
Board has asked for greater discretion in the use of fees collected in the future.
The attached ordinance amends the Library Impact Fee so that future collections of the
library impact fee would be able to be used on books, technology, and building items—without
regard to any split between the categories (books and buildings). As stated prior, and as long as
the City has non-home rule status, this ordinance applies only to fees collected in the future and
as a result of an annexation agreement negotiation.
Finally, City staff is working on identifying uses for the building impact fees already
collected.
Ordinance No. 2011-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS, AMENDING ORDINANCE 2003-31 ENTITLED "AN
ORDINANCE AMENDING ORDINANCE NO. 1990-24 AN ORDINANCE
SETTING FORTH THE STANDARDS AND REGULATIONS FOR PAYMENT
FOR DEVELOPMENT AND EXTENSION OF UTILITY COSTS UPON
ANNEXATION AND/OR PLANNED UNIT DEVELOPMENT" CLARIFYING
THE USE OF FEES PAYABLE TO THE CITY LIBRARY FUND
WHEREAS, the United City of Yorkville (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 has determined that new developments impose financial
burdens by creating a greater need for City facilities and that the City has experienced
increased difficulties in funding those facilities; and
WHEREAS, fees place the obligation to fund City facilities on those who create
the need for the new facilities and improve the quality of life for those residents; and
WHEREAS, the City adopted Ordinance 2003-31 on June 10, 2003 amending the
fees incurred by various governmental entities and the City, and hereby desire to clarify
the use of those fees payable to the City Library Fund.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That Section 3 of Ordinance 2003-31 adopted June 10, 2003 be and is
hereby amended to read as follows:
"3. The Development Fee for the United City of Yorkville Library Fund shall be
five hundred dollars ($500.00) per residential dwelling unit due at the time a building
permit is issued on any real property annexed, zoned and platted within the City after the
effective date of this amended ordinance, to be used for the Library building and
associated capital purchases, site improvements, or other capital improvements including
the acquisition of automation/technology equipment, and for books, audiocassettes,
compact disks, magazines, vehicles, or other such equipment."
Section 2. That except as to the extent modified by this ordinance, all other terms
and conditions of Ordinance 2003-31 are hereby ratified and approved.
Section 3. This Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this day of , A.D. 2011.
CITY CLERK
ROSE ANN SPEARS DIANE TEELING
GEORGE GILSON JR. JACKIE MILSCHEWSKI
CARLO COLOSIMO MARTY MUNNS
CHRIS FUNKHOUSER LARRY KOT
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this day of 2011.
MAYOR
Q cl s- Reviewed By: Agenda Item Number
a� �.1% Legal ❑ OB #1
Finance F-1 leas Engineer ❑
Trackin Number
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City Council Agenda Item Summary Memo
Title: Refinancing options
City Council/Committee Agenda Date: Administration Committee—July 21, 2011
Synopsis: See attached memo.
Council Action Previously Taken:
Date of Action: N/A Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Discussion and direction
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
D Cip
4 o Memorandum
To: City Council
EST. 1836 From: Bart Olson, City Administrator
p Date: July 15, 2011
�N ���� Subject: Refinancing options for Rob Roy bonds
LE
This item was last discussed by the Administration Committee at the June meeting. At that
meeting, the Committee asked for information related to the amount of money that could be dedicated to
year-to-year road improvements under different refinancing scenarios (first chart), and the property tax
bill associated with bond non-abatements under a no refinancing and refinancing scenario (second
chart).
There are a few items of note in each chart. First, the first chart shows a net present value
calculation for each bond refinancing term. At the last meeting, the staff stated that the 15-year
refinancing term actually had a negative net present value—which means you could make a strong fiscal
argument for refinancing. What we have learned from the last meeting, is that all of the refinancing
scenarios presented have a negative net present value; so, by pushing payments off well into the future,
refinancing becomes advantageous from a cash-flow perspective and an overall fiscal policy. With that
particular issue settled, the question now becomes one of term length, which is the second item of note.
A ten year bond will allow almost no money for road resurfacing for the 10 years it is in
existence, but it will allow for maximum dollars to be used in 2022. On the other end of the spectrum, a
twenty year bond will allow as much as $550,000 per year to be used on road resurfacing while the bond
is in existence,but does not allow maximum dollars to be used until 2032. The 14-year, 15-year, and
17-year issuances are in-between.
The third item of note is contained within the second chart. This shows the comparison over
time between property taxes associated with bonds and non-abatements under a refinancing and no
refinancing scenario. With the introduction of the non-home rule sales tax, the City does have the
ability to cut bond-related property taxes by 42%next year,but those property taxes will increase
substantially each year beyond that until 2016. Under any refinancing scenario, the City has the ability
to not only remove the Rob Roy bonds from property taxes,but remove a third sewer bond from
property taxes. Non-home rule sales taxes would not be used to clear that third sewer bond from
property taxes; we are able to afford its abatement from the tax bills over the next 8 years because of the
payment schedule of the refinancing bond(namely, that there is no payment due in December 2011 and
a minimal payment in December 2012).
Finally, the fourth item of note is the year-to-year increase in the second chart under both
scenarios. While the change in property taxes from year-to-year generally drops off in 2013 and then
gradually increases over time, we have the ability to reverse that trend. In essence, asking for slightly
more in 2013 than we need and then banking that money for future bond payments when they are
higher. This model would allow us to reduce overall property taxes (not just the taxes associated with
the bonds) each year for several years.
No refi 30 year 14 year 15 year 17 year 20 year
FY Payment $for Roads Payment $for Roads Payment $for Roads Payment $for Roads Payment $for Roads Payment $for Roads
2012 $1,496,040 $ $ - $ 1,248,020 $ - $ 1,248,020 $ - $1,248,020 $ - $ 1,248,020 $ - $ 1,248,020
2013 $2,054,540 $ $ 1,474,921 $ 25,079 $ 608,587 $ 891,413 $ 612,203 $ 887,797 $ 914,928 $ 585,072 $ 627,798 $ 872,202
2014 $2,088,140 $ $ 1,458,897 $ 41,103 $ 1,190,435 $ 309,565 $ 1,192,992 $ 307,008 $ 939,920 $ 560,080 $ 949,022 $ 550,978
2015 $2,317,590 $ $ 1,461,305 $ 38,695 $ 1,188,655 $ 311,345 $ 1,191,212 $ 308,788 $ 938,860 $ 561,140 $ 947,962 $ 552,038
2016 $3,234,590 $ $ 1,458,782 $ 41,218 $ 1,193,640 $ 306,360 $ 1,196,197 $ 303,803 $ 940,700 $ 559,300 $ 949,802 $ 550,198
2017 $1,095,090 $ 404,910 $ 1,461,170 $ 38,830 $ 1,190,075 $ 309,925 $ 1,192,632 $ 307,368 $ 940,300 $ 559,700 $ 949,402 $ 550,598
2018 $1,091,408 $ 408,592 $ 1,454,237 $ 45,763 $ 1,188,742 $ 311,258 $ 1,191,300 $ 308,700 $ 938,110 $ 561,890 $ 947,212 $ 552,788
2019 $ $ 1,500,000 $ 1,461,722 $ 38,278 $ 1,193,580 $ 306,420 $ 1,196,137 $ 303,863 $ 938,530 $ 561,470 $ 947,632 $ 552,368
2020 $ $ 1,500,000 $ 1,458,372 $ 41,628 $ 1,189,510 $ 310,490 $ 1,192,067 $ 307,933 $ 941,880 $ 558,120 $ 950,982 $ 549,018
2021 $ $ 1,500,000 $ 1,469,060 $ 30,940 $ 1,191,510 $ 308,490 $ 1,194,067 $ 305,933 $ 937,330 $ 562,670 $ 946,432 $ 553,568
2022 $ $ 1,500,000 $ 969,060 $ 530,940 $ 1,189,910 $ 310,090 $ 1,192,467 $ 307,533 $ 940,795 $ 559,205 $ 949,897 $ 550,103
2023 $ $ 1,500,000 $ - $ 1,500,000 $ 1,190,010 $ 309,990 $ 1,192,567 $ 307,433 $ 942,117 $ 557,883 $ 951,220 $ 548,780
2024 $ $ 1,500,000 $ $ 1,500,000 $ 1,760,460 $ (260,460) $ 1,193,017 $ 306,983 $ 1,476,517 $ 23,483 $ 950,620 $ 549,380
2025 $ $ 1,500,000 $ $ 1,500,000 $ 1,730,025 $ (230,025) $ 1,194,372 $ 305,628 $ 1,476,117 $ 23,883 $ 947,690 $ 552,310
2026 $ $ 1,500,000 $ $ 1,500,000 $ - $ 1,500,000 $ 1,191,750 $ 308,250 $ 1,471,742 $ 28,258 $ 947,675 $ 552,325
2027 $ $ 1,500,000 $ $ 1,500,000 $ $ 1,500,000 $ - $1,500,000 $ 1,493,242 $ 6,758 $ 950,275 $ 549,725
2028 $ $ 1,500,000 $ $ 1,500,000 $ $ 1,500,000 $ $1,500,000 $ 1,135,452 $ 364,548 $ 950,922 $ 549,078
2029 $ $ 1,500,000 $ $ 1,500,000 $ $ 1,500,000 $ $1,500,000 $ - $ 1,500,000 $ 949,187 $ 550,813
2030 $ $ 1,500,000 $ $ 1,500,000 $ $ 1,500,000 $ $1,500,000 $ $ 1,500,000 $ 950,412 $ 549,588
2031 $ $ 1,500,000 $ $ 1,500,000 $ $ 1,500,000 $ $1,500,000 $ $ 1,500,000 $ 948,892 $ 551,108
Total Cost $ 14,127,526 $ 16,005,139 $ 16,122,980 $ 17,366,540 $ 17,713,034
.0
*All money in FY 12 will be put towards Route 47 and River Road Bridge
Property tax scenarios,studying bonds only
Assumptions
Assumption for refi scenario is that Rob Roy bonds will be paid for entirely by sales taxes, and
the rest is used for road improvements
Assumption for"no refi" scenario is that all non-home rule sales taxes go towards bonds, and
none are used for road improvements
Assumption for"no refi" scenarios is that 2007A(water) and 2005A(debt service), and 2004B
bonds will stay on property taxes (non-abatement)
Assumption for refi scenario is that 2007A(water), 2005A(debt service) will stay on property
taxes (non-abatement)
Assumption for all scenarios is no growth in the local economy
%increase, Refi (all %increase,
No refi year-to-year scenarios) year-to-year
2012 $ 2,212,735 $ 2,212,735
-42.23% -79.22%
2013 $ 1,278,223 $ 459,833
11.34% 1.39%
2014 $ 1,423,110 $ 466,220
22.16% 0.17%
2015 $ 1,738,542 $ 467,002
53.16% 0.08%
2016 $ 2,662,787 $ 467,372
-80.12% 1.06%
2017 $ 529,432 $ 472,342
0.81% -0.14%
2018 $ 533,712 $ 471,704
-100.00% 0.79%
2019 $ - $ 475,407
#DIV/0! 140.50%
2020 $ - $ 1,143,356
#DIV/0! -1.42%
2021 $ - $ 1,127,131
#DIV/0! 0.65%
2022 $ - $ 1,134,469
#DIV/0! -0.42%
2023 $ - $ 1,129,656
#DIV/0! -100.00%
2024 $ - $ -
C/T y Reviewed By: Agenda Item Number
J� A 0 Legal El
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11 "AM Finance ❑
EST. �Z 1836 Engineer ❑
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City Administrator Tracking Number
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Kentlall County
At `���� Human Resources El PW 2011-39
Public Works ❑
City Council Agenda Item Summary Memo
Title: Solid Waste Franchise Agreement
City Council/Committee Agenda Date: Administration Committee—July 21, 2011
Synopsis: See attached memo.
Council Action Previously Taken:
Date of Action: N/A Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Discussion and direction
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
Co.y
o Memorandum
'"' To: Administration Committee
EST. �Z 1836 From: Bart Olson, City Administrator
.4 _�` CC:
0� �� �o,gaa, �p Date: July 15, 2011
Ke tld"u" Agreement
Subject: Solid Waste Franchise A
J g
This item was last discussed at the June Public Works Committee meeting, and was
subsequently sent to the Administration Committee. At the last Public Works Committee
meeting, the committee asked for information related to the actual cost of refuse stickers in
communities that have a pay-as-you-throw system. Since that meeting, we have heard from the
City Council that most residents are not in favor of that system. So, I have not conducted any
research on stickers under the assumption that direction would be received to maintain the
current program. However, I do have a survey from 2008 that compares our program to other
municipalities. I have attached that for your reference.
Since this agenda item is being discussed by a new committee, I have attached all of the
material from the June Public Works Committee meeting on this item. It includes a brief
analysis memo and the entire solid waste franchise agreement. The direction sought from the
Public Works Committee in the analysis memo is the same direction sought from the
Administration Committee:
1) Do we want to amend the current solid waste collection service
2) Do we want to go out to RFP?
I have done a brief analysis of other municipalities current solid waste programs, and I
can preliminarily say that the price of our program is not likely to decrease for the user from its
current price, whether we go out to RFP or we negotiate individually with Veolia for a contract
extension. It appears the only option for reducing the monthly cost to the user would be to
change the program.
.��0 Co.y
o Memorandum
"' To: City Council
EST. �Z 1836 From: Bart Olson, City Administrator
.4 ` CC:
O C u oY, p Date: June 16, 2011
Count Seat
Subject: Solid Waste Franchise Agreement
The City has a franchise agreement with Veolia for residential solid waste collection that
is set to expire in April 2012. That franchise agreement is attached. Within the agreement is an
option to extend the contract for two, 2-year terms, as long as those terms are negotiated 120
days prior to the end of the term. Thus, the City has until December 31, 2011 to decide whether
it wants to extend the current contract (and negotiate with Veolia individually), or submit a new
RFP for the service.
A copy of the last RFP the City had for this service is attached. Staff is seeking direction
on the current solid waste collection services, and if there is an initial preference for changing the
plan. When that direction is given, staff will entertain an offer from Veolia and present that
offer to the committee—at which time the committee can direct us to further negotiate with
Veolia or prepare an RFP.
The current solid waste collection plan
For one monthly fee (escalates throughout the contract), residents receive:
1) Two 64 gallon wheeled toters; one for recycling and one for recycling
2) Pickup of those toters once per week
3) The ability to change the size of either toter to 33 gallons or 95 gallons, for a$5 monthly
upcharge.
4) The ability to dispose of additional items in excess of the refuse placed in the toter, for $1
per unit
a. Disposal units are defined as:
i. Refuse that fits in a 33 gallon container
ii. Refuse or debris bundled together that does not exceed three feet in
diameter, six feet in length and 50 pounds in weight.
iii. Any one miscellaneous or odd-shaped item that does not exceed 50
pounds in weight.
5) The ability to dispose of one "bulk" item per week
a. Bulk items are defined as:
i. Discarded large household appliances, including freezers, stoves, trash
compactors, washers, dryers, pianos, organs, tables, chairs, mattresses, box
springs, sofas, etc. White goods(refridgerators) and electronic goods
(TVs) are specifically excluded from this definition.
6) Unlimited yard waste collection every week between the first collection day in April to
the last collection day in November.
a. Yard-waste, in a krafl paper bag that does not exceed 33 gallons in capacity and
50 pounds in weight
b. Bundles of brush that does not exceed 2 feet in diameter, 4 feet in length, and 50
pounds in weight
7) Curbside Christmas tree collection during the first two weeks in January of each year.
8) Two amnesty days per year(one in spring, one in fall), which allow an unlimited amount
of refuse, bulk items, white goods, and up to 4 car tires per house.
9) Refuse collection and recycling at all City facilities, with the City having the discretion to
change container sizes and facilities.
10)Refuse and recycling collection, and portable toilets at Hometown Days, the 4th of July
parade, and other special events.
11)Delayed pickups during the weeks that contain New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
i
United CITY of Yorkville
Contract for United CITY of Yorkville
Garbage, Refuse, Recycling and Yard Waste Collection
This contract is made as of May 1 , 2007, by and between the United CITY of Yorkville, IL
(CITY) and Veolia ES Solid Waste Midwest, LLC. . (CONTRACTOR).
RECITALS
WHEREAS, the CITY desires to enter into an agreement with CONTRACTOR for
refuse, recycling and yard waste collection within the CITY; and
WHEREAS, CONTRACTOR desires to provide refuse, recycling, and yard waste
collection within the CITY; and
WHEREAS, CONTRACTOR submitted the lowest price for refuse, recycling and yard
waste collection services in response to an RFP for said services dated March 19, 2007.
NOW, THEREFORE, the CITY and the CONTRACTOR agree as follows:
I. TERMS AND CONDITIONS
11 CITY ORDINANCES
1 . 1 The successful CONTRACTOR will strictly comply with all ordinances of the CITY of
Yorkville and laws of the State of Illinois.
2 USE OF CITY'S NAME
2. 1 The CONTRACTOR is specifically denied the right of using in any form or medium the
name of the CITY for public advertising unless express permission is granted by the
CITY.
3. INDEMNITY AND HOLD HARMLESS AGREEMENT
3 . 1 To the fullest extent permitted by law, the CONTRACTOR shall indemnify, keep and
save harmless the CITY and its agents, officers, and employees, against all injuries,
deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, which
may arise directly or indirectly from any negligence or from the reckless or willful
misconduct of the CONTRACTOR, its employees, or its subcontractors, and the
CONTRACTOR, its employees, or its subcontractors, and the CONTRACTOR shall at
its own expense, appear, defend and pay all charges of attorneys and all costs and other
expenses arising therefrom or incurred in connection therewith, and, if any judgment
shall be rendered against the CITY in any such action, the CONTRACTOR shall, at its
own expense, satisfy and discharge the same. This Agreement shall not be construed as
requiring the CONTRACTOR to indemnify the CITY for its own negligence. The
CONTRACTOR shall indemnify, keep and save harmless the CITY only where a loss
was caused by the negligent, willful or reckless acts or omissions of the CONTRACTOR,
1
United CITY of Yorkville
its employees, or its subcontractors.
4. NONDISCRIMINATION
4. 1 CONTRACTOR shall, as a party to a public contract:
(a) Refrain from unlawful discrimination in employment and undertake affirmative
action to assure equality of employment opportunity and eliminate the effects of
past discrimination;
(b) By execution of this contract, the CONTRACTOR certifies that he is an "equal
opportunity employer" as defined by Section 2000(e) of Chapter 21 , Title 42, U.S.
Code Annotated and Executive Orders #11246 and #11375, which are
incorporated herein by reference. The Equal Opportunity clause, Section 6. 1 of
the Rules and Regulations of the Department of Human Rights of the State of
Illinois, is a material part of any contract awarded on the basis of this proposal.
4.2 It is unlawful to discriminate on the basis of race, color, sex, national origin, ancestry,
age, marital status, physical or mental handicap or unfavorable discharge for military
service. CONTRACTOR shall comply with standards set forth in Title VII of the Civil
Rights Act of 1964, 42 U.S.C. Secs. 2000 et seq., The Human Rights Act of the State of
Illinois, 775 ILCS 5/1 - 10let. seq., and The Americans With Disabilities Act, 42 U.S.C.
Secs. 12101 et. seq.
51 SEXUAL HARASSMENT POLICY
5 . 1 The CONTRACTOR, as a party to a public contract, shall have a written sexual
harassment policy that:
5. 1 . 1 Notes the illegality of sexual harassment;
5 . 1 .2 Sets forth the State law definition of sexual harassment;
5 . 1 .3 Describes sexual harassment utilizing examples;
5 . 1 .4 Describes the CONTRACTOR's internal complaint process including penalties;
5 . 1 .5 Describes the legal recourse, investigative and complaint process available
through the Illinois Department of Human Rights and the Human Rights
Commission and how to contact these entities; and
5 . 1 .6 Describes the protection against retaliation afforded under the Illinois Human
Rights Act.
6. EQUAL EMPLOYMENT OPPORTUNITY
6. 1 In the event of the CONTRACTOR's non-compliance with the provisions of this Equal
Employment Opportumity Clause, the Illinois Human Rights Act or the Rules and
Regulations of the Illinois Department of Human Rights ("Department"), the
CONTRACTOR may be declared ineligible for future contracts or subcontracts with the
State of Illinois or any of its political subdivisions or municipal corporations, and the
contract may be canceled or voided in whole or in part, and such other sanctions or
penalties may be imposed or remedies invoked as provided by statute or regulation.
2
United CITY of Yorkville
During the performance of this contract, the CONTRACTOR agrees as follows:
6. 1 . 1 That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, marital status, national origin or ancestry,
age, physical or mental handicap unrelated to ability, sexual orientation, sexual
identity or an unfavorable discharge from military service; and further that it will
examine all job classifications to determine if minority persons or women are
underutilized and will take appropriate affirmative action to rectify any such
underutilization.
6. 1 .2 That, if it hires additional employees in order to perform this contract or any
portion thereof, it will determine the availability (in accordance with the
Department's Rules and Regulations) of minorities and women in the area(s) from
which it may reasonably recruit and it will hire for each job classification for
which employees are hired in such a way that minorities and women are not
underutilized.
6. 1 .3 That, in all solicitations or advertisements for employees placed by it or on its
behalf, it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, marital status, national origin
or ancestry, age, physical or mental handicap unrelated to ability, or an
unfavorable discharge from military services.
6. 1 .4 That it will send to each labor organization or representative of workers with
which it has or is bound by a collective bargaining or other agreement or
understanding, a notice advising such labor organization or representative of the
CONTRACTOR's obligations under the Illinois Human Rights Act and the
Department's Rules and Regulations. If any such labor organization or
representative fails or refuses to cooperate with the CONTRACTOR in its efforts
to comply with such Act and Rules and Regulations, the CONTRACTOR will
promptly so notify the Department and the contracting agency and will recruit
employees from other sources when necessary to fulfill its obligations thereunder.
6. 1 .5 That it will submit reports as required by the Department's Rules and
Regulations, furnish all relevant information as may from time to time be
requested by the Department or the contracting agency, and in all respects comply
with the Illinois Human Rights Act and the Department's Rules and Regulations.
6. 1 .6 That it will permit access to all relevant books, records, accounts and work sites
by personnel of the contracting agency and the Department for purpose of
investigation to ascertain compliance with the Illinois Human Rights Act and the
Department's Rules and Regulations.
6. 1 .7 That it will include verbatim or by reference the provisions of this clause in every
subcontract it awards under which any portion of the contract obligations are
undertaken or assumed, so that such provisions will be binding upon such
3
United CITY of Yorkville
subcontractor. In the same manner as with other provisions of this contract, the
subcontractor will be liable for compliance with applicable provisions of this
clause by such subcontractors; and further it will promptly notify the contracting
agency and the Department in the event any subcontractor fails or refuses to
comply therewith. In addition, the CONTRACTOR will not utilize any
subcontractor declared by the Illinois Human Rights Commission to be ineligible
for contracts or subcontracts with the State of Illinois or any of its political
subdivision or municipal corporations.
7. DRUG FREE WORK PLACE
7. 1 CONTRACTOR, as a party to a public contract, certifies and agrees that it will provide a
drug free workplace by:
7.2 Publishing a statement: (1 ) Notifying employees that the unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance, including
cannabis, is prohibited in the CITY's or CONTRACTOR's workplace. (2) Specifying the
actions that will be taken against employees for violations of such prohibition. (3)
Notifying the employee that, as a condition of employment on such contact or grant, the
employee will: (A) abide by the terms of the statement; and (B) notify the employer of
any criminal drug statute conviction for a violation occurring in the workplace no later
than five (5) days after such conviction.
7.3 Establishing a drug free awareness program to inform employee's about: ( 1 ) the dangers
of drug abuse in the workplace; (2) the CITY's or CONTRACTOR's policy of
maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and
employee assistance programs; (4) the penalties that may be imposed upon employees for
drug violations.
7.4 Providing a copy of the statement required above to each employee engaged in the
performance of the contract or grant and to post the statement in a prominent place in the
workplace.
7.5 Notifying the contracting or granting agency within ten ( 10) days after receiving notice
of any criminal drug statute conviction for a violation occurring in the workplace no later
than five (5) days after such conviction from an employee or otherwise receiving actual
notice of such conviction.
7.6 Imposing a sanction on, or requiring the satisfactory participation in a drug abuse
assistance or rehabilitation program by any employee who is so convicted as required by
section 5 of the Drug Free Workplace Act.
7.7 Assisting employees in selecting a course of action in the event drug counseling,
treatment and rehabilitation is required and indicating that a trained referral team is in
place.
7.8 Making a good faith effort to continue to maintain a drug free workplace through
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United CITY of Yorkville
implementation of the Drug Free Workplace Act.
S. PREVAILING WAGE ACT
8. 1 CONTRACTOR agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS
130/1 et seq., for all work completed under this contract. CONTRACTOR agrees to pay
the prevailing wage and require that all of its subCONTRACTORs pay prevailing wage
to any laborers, workers or mechanics who perform work pursuant to this contract or
related subcontract.
8.2 CONTRACTOR and each subcontractor shall keep or cause to be kept an accurate record
of names, occupations and actual wages paid to each laborer, workman and mechanic
employed by the CONTRACTOR in connection with the contract. This record shall be
open to inspection at all reasonable hours by any representative of the CITY or the
Illinois Department of labor and must be preserved for four (4) years following
completion of the contract.
9. INSURANCE REQUIREMENTS —
9. 1 Prior to the beginning of the contract period, CONTRACTOR and any subcontractors
shall procure, maintain and pay for such insurance as will protect against claims for
bodily injury of death, or for damage to property, including loss of use, which may arise
out of operations by the CONTRACTOR or subcontractor or any Sub-Sub
CONTRACTOR or by anyone employed by any of them, or by anyone for whose acts
any of them may be liable. Such insurance shall not be less than the greater of coverages
and limits of liability specified below or any coverages and limits of liability specified in
the Contract Documents or coverages and limits required by law unless otherwise agreed
to by the CITY.
Workers Compensation $500,000 Statutory
Employers Liability $ 1 ,000,000 Each Accident
$ 1 ,000,000 Disease Policy Limit
$ 1 ,000,000 Disease Each Employee
Comprehensive General Liability $2,000,000 Each Occurrence
$2,000,000 Aggregate
(Applicable on a
Per Project Basis)
Commercial Automobile $ 1 ,000,000 Each Accident
Liability
Umbrella Liability $ 5,0009000
9.2 Commercial General Liability Insurance required under this paragraph shall be written on
an occurrence form and shall include coverage for Products/Completed Operations,
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United CITY of Yorkville
Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU and Blanket
Contractual Liability insurance applicable to defense and indemnity obligations and other
contractual indemnity assumed under the Contract Documents.''
9.3 Comprehensive Automobile Liability Insurance required under this paragraph shall
include coverage for all owned, hired and non-owned automobiles.
9.4 Workers Compensation coverage shall include a waiver of subrogation against the CITY.
9.5 Comprehensive General Liability, Employers Liability and Commercial Automobile
Liability Insurance may be arranged under single policies for full minimum limits
required, or by a combination of underlying policies with the balance provided by
Umbrella and/or Excess Liability policies.
9.6 CONTRACTOR and all Subcontractors shall have their respective Comprehensive
General Liability (including products/completed operations coverage), Employers
Liability, Commercial Automobile Liability, and Umbrella/Excess Liability policies
endorsed to add the "CITY of Yorkville, its officers, officials, employees and volunteers"
as "additional insureds" with respect to liability arising out of operations performed;
claims for bodily injury or death brought against CITY by any CONTRACTOR of
Subcontractor employees, or the employees of Subcontractor' s subcontractors of any tier,
however caused, related to the performance of operations under the Contract Documents.
Such insurance afforded to the CITY shall be endorsed to provide that the insurance
provided under each policy shall be Primary and Non-Contributory.
9.7 CONTRACTOR and all Subcontractors shall maintain in effect all insurance coverages
required by the Contract Documents at their sole expense and with insurance carriers
licensed to do business in the State of Illinois and having a current A. M. Best rating of
no less than A- VIII. In the event that the CONTRACTOR or any Subcontractor fails to
procure or maintain any insured required by the Contract Documents, the CITY may, at
its option, purchase such coverage and deduct the cost thereof from any monies due to
the CONTRACTOR or Subcontractor, or withhold funds in an amount sufficient to
protect the CITY, or terminate this Agreement pursuant to its terms.
9.8 All insurance policies shall contain a provision that coverages and limits afforded
hereunder shall not be canceled, materially changed, non-renewed or restrictive
modifications added, without thirty (30) days prior written notice to the CITY. Renewal
certificates shall be provided to the CITY not less than five (5) prior to the expiration
date of any of the required policies. All Certificates of Insurance shall be in a form
acceptable to CITY and shall provide satisfactory evidence of compliance with all
insurance requirements. The CITY shall not be obligated to review such certificates or
other evidence of insurance, or to advise CONTRACTOR or Subcontractor of any
deficiencies in such documents, and receipt thereof shall not relieve the CONTRACTOR
or Subcontractor from, nor be deemed a waiver the right to enforce the terms of the
obligations hereunder. The CITY shall have the right to examine any policy required and
evidenced on the Certificate of Insurance.
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United CITY of Yorkville
10, COPYRIGHT/PATENT INFRINGEMENT
10. 1 The CONTRACTOR agrees to indemnify, defend, and hold harmless the CITY against
any suit, claim, or proceeding brought against the CITY for alleged use of any
equipment, systems, or services provided by the CONTRACTOR that constitutes a
misuse of any proprietary or trade secret information or an infringement of any patent or
copyright.
11 . COMPLIANCE WITH OSHA STANDARDS
11 . 1 Equipment supplied to the CITY must comply with all requirements and standards as
specified by the Occupational Safety and Health Act. All guards and protectors as well
as appropriate markings will be in place before delivery. Items not meeting any OSHA
specifications will be refused.
12. CERCLA INDEMNIFICATION
12. 1 In the event this is a contract that has environment aspects, the Awarded CONTRACTOR
shall, to the maximum extent permitted by law, indemnify, defend, and hold harmless the
CITY, its officers, employees, agents, and attorneys from and against any and all
liability, including without limitation, costs of response, removal, remediation,
investigation, property damage, personal injury, damage to natural resources, health
assessments, health settlements, attorneys' fees, and other related transaction costs arising
under the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, 42 U.S.C.A. Sec. 9601 , et seq ., as amended, and all other applicable
statutes, regulations, ordinances, and under common law for any release or threatened
release of the waste material collected by the Awarded CONTRACTOR, both before and
after its disposal.
13. SUBLETTING OF CONTRACT
13 . 1 No contract awarded by the CITY shall be assigned or any part sub-contracted without
the written consent of the City Administrator. In no case shall such consent relieve the
Awarded CONTRACTOR from their obligation or change the terms of the contract.
15. TERMINATION OF CONTRACT
15 . 1 The CITY reserves the right to terminate the whole or any part of this contract, upon ten
(10) days' written notice to the Awarded CONTRACTOR, in the event of default by the
Awarded CONTRACTOR. Default is defined as failure of the Awarded
CONTRACTOR to perform any of the provisions of this contract or failure to make
sufficient progress so as to endanger performance of this contract in accordance with its
terms. In the event that the Awarded CONTRACTOR fails to cure the default upon
notice, and the CITY declares default and termination, the CITY may procure, upon such
terms and in such manner as the CITY may deem appropriate, supplies or services similar
to those so terminated. The Awarded CONTRACTOR shall be liable for any excess
costs for such similar supplies or services unless acceptable evidence is submitted to the
CITY that failure to perform the contract was due to causes beyond the control and
without the fault or negligence of the Awarded CONTRACTOR. Any such excess costs
incurred by the CITY may be set-off against any monies due and owing by the CITY to
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United CITY of Yorkville
the Awarded CONTRACTOR.
16. BILLING & PAYMENT PROCEDURES
16. 1 Payment will be made upon receipt of an invoice. Once an invoice has been verified, the
invoice will be processed for payment in accordance with the CITY payment schedule,
policy and procedures.
16.2 The CITY shall review in a timely manner each bill or invoice after its receipt. If the
CITY determines that the bill or invoice contains a defect making it unable to process the
payment request, the CITY shall notify the CONTRACTOR requesting payment as soon
as possible after discovering the defect pursuant to rules promulgated under 50 ILCS
505/1 et seq. The notice shall identify the defect and any additional information
necessary to correct the defect.
16.3 Please send all invoices to the attention of CITY of Yorkville, Accounts Payable, 800
Game Farm Road, Yorkville, IL 60560.
17, RELATIONSHIP BETWEEN THE CONTRACTOR AND THE CITY
17. 1 The relationship between the CITY and the CONTRACTOR is that of a buyer and seller
of professional services and it is understood that the parties have not entered into any
joint venture or partnership with the other.
18. STANDARD OF CARE,
18 . 1 . Services performed by CONTRACTOR under this Agreement will be conducted in a
manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing in the same locality under similar conditions. No other
representations express or implied, and no warranty or guarantee is included or intended
in this Agreement, or in any report, opinions, and documents or otherwise.
18.2 If the CONTRACTOR fails to meet the foregoing standard, CONTRACTOR will
perform at its own cost, and without reimbursement from the CITY, the professional
services necessary to correct errors and omissions caused by CONTRACTOR's failure to
comply with the above standard and reported to CONTRACTOR within one (1 ) year
from the completion of CONTRACTOR's services for the Project.
19. GOVERNING LAW
19. 1 This Agreement will be governed by and construed in accordance with the laws of the
State of Illinois without regard for the conflict of laws provisions. Venue is proper only
in the County of Kendall and the Northern District of Illinois.
20. SUCCESSORS AND ASSIGNS
20. 1 The terms of this Agreement will be binding upon and inure to the benefit of the parties
and their respective successors and assigns; provided, however, that neither party will
assign this Agreement in whole or in part without the prior written approval of the other.
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United CITY of Yorkville
The CONTRACTOR will provide a list of key staff, titles, responsibilities, and contact
information to include all expected subContraetors.
21 . WAIVER OF CONTRACT BREACH
21 . 1 The waiver by one party of any breach of this Agreement or the failure of one party to
enforce at any time, or for any period of time, any of the provisions hereof will be limited
to the particular instance and will not operate or be deemed to waive any future breaches
of this Agreement and will not be construed to be a waiver of any provision except for
the particular instance.
22. AMENDMENT
22. 1 This Agreement will not be subject to amendment unless made in writing and signed by
all parties.
23. CHANGE ORDERS
23 . 1 At any time additional work is necessary or requested, and the not-to-exceed price is
increased thereby, any change, addition or price increase must be agreed to in writing by
all parties. The appropriate authorizing signature for the CITY is the CITY
Administrator. Not withstanding the foregoing, upon petition from the Contractor to the
City, the rates may be increased on a pro-rata basis to reflect any increased costs actually
incurred by Contractor due to any unforeseen or unusual change or interpretation in law,
increased labor costs, increased fuel costs or increased governmental fee, which increase
shall be evidenced by empirical documentation reasonably acceptable to the City
provided by Contractor.
24. SEVERABILITY OF INVALID PROVISIONS
24. 1 If any provisions of this Agreement are held to contravene or be invalid under the laws of
any state, country or jurisdiction, contravention will not invalidate the entire Agreement,
but it will be construed as if not containing the invalid provision and the rights or
obligations of the parties will be construed and enforced accordingly.
25. NOTICE
25 . 1 Any notice will be in writing and will be deemed to be effectively served when deposited
in the mail with sufficient first class postage affixed, and addressed to the party at the
party's place of business. Notices shall be addressed to the CITY as follows:
CITY Administrator
CITY of Yorkville
800 Game Farm Road,
Yorkville, IL 60560
And to the CONTRACTOR as designated in the Contract Forth.
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United CITY of Yorkville
III. DETAILED SPECIFICATIONS
26, DEFINITIONS
26. 1 For the purpose of the Contract, definitions of certain terms are listed below. Certain
words or phrases, when used in the Contract shall have the same meaning given to them
in this section. Other terms shall be defined within applicable subsections.
Attached Single-Family Dwelling (Group, ROW, Townhouse) A building originally
designed and constructed to accommodate two (2) or more dwelling units, with dwelling
units joined together by party wall or walls and being not more than two (2) stories in
height. Each unit shall have its own ground floor entrance and living space.
Biodegradable shall mean chemically structured material that decomposes rapidly
primarily through the action of living soil-borne microorganisms (bacteria, fungi, and
actinomycetes) or macro-organisms (crickets, slugs, snowbugs, millipedes, etc.).
Brown Kraft 2-Ply Paper Bags shall mean a two-layer brown product container
comprised of kraft paper most often used to contain groceries.
Chipboard shall mean a single-layer cardboard used for packaging cereal, crackers,
tissues, and other similar products.
Compost(ing) shall mean the process by which aerobic microorganisms decompose
organic matter into a humus-like product.
Contract shall mean the agreement created by and consisting of the Contract
Documents.
Contract Documents shall include the Request for Proposals, Terms and Conditions,
Detail Specifications and the Proposal /Contract Form.
CONTRACTOR shall mean the firm with which the CITY has executed the Contract
for Solid Waste Collection and Disposal Services
Corrugated Cardboard shall mean a sturdy paper product commonly used as a
packaging consisting of two paper grades — a wavy inner portion and an outside liner.
Curbside shall mean adjacent to the street pavement, alley pavement and gutter and
within five feet thereof.
Customer shall mean the resident party, property owner of a dwelling unit in Yorkville
corporate boundaries participating in the scavenger collection service.
Day shall mean Calendar Day unless otherwise stated.
Detached Dwelling A single-family dwelling entirely surrounded by open space.
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United CITY of Yorkville
Disposal Unit shall have different meanings as follows: For the purposes of refuse
collection, a "disposal unit" shall mean one (1) 64-gallon, 33-gallon, or 96-gallon tote or
one (1) water-tight metal, or plastic reusable waste container, no larger than thirty-two
(32) or thirty-three (33) gallons in capacity, containing refuse, yard-waste or household
construction and demolition debris as herein defined; or a securely tied, bundle of refuse
or debris which is not placed in a container that does not exceed three (3) feet in
diameter, six (6) feet in length, and fifty (50) pounds in weight, or one (1) single
miscellaneous or odd-shaped item of refuse or debris that does not exceed fifty (50)
pounds in weight. A large household item, as herein defined, is to be considered a
disposal unit. Household construction and demolition debris, as is herein defined, is to
be considered a disposal unit. For the purpose of yard-waste collection, a "disposal
unit' shall mean a biodegradable two-ply fifty (50) pound wet-strength kraft paper bag
designed for yard-waste collection, not to exceed thirty-three (33) gallons in capacity and
fifty (50) pounds in weight, containing "yard-waste" as herein defined, or securely tied,
bundles of brush or branches using biodegradable cord, string, rope or twine that does
not exceed fifty (50) pounds in weight, two (2) feet in diameter, and four (4) feet in
length and is manageable by one (1 ) person. For purpose of recycling collection, a
"disposal unit" shall mean one (1) 64 gallon, 33 gallon, or 96 gallon tote.
Envelope shall mean a flat, folded paper container for a letter or smaller object.
Frozen Food Packages shall mean paperboard containers with special coatings to
prevent tearing of the packages or smearing of the ink from moisture when refrigerated
or frozen.
Garbage or Rubbish shall mean discarded materials resulting from the handling,
cooking, spoilage, and leftovers of food, discarded food or food residues, and paper
necessarily used for wrapping same, and all types and kinds of waste materials from
housekeeping activities, including, but not limited to ashes, metal cans bottles, books,
glass, plastic, newspapers, boxes, cartons, and small amounts of earth, rock or sod, small
automobile parts and building materials waste from residential type do-it-yourself
projects provided that all such materials are of a size sufficiently small to permit being
placed in an approved refuse container, except those items which are banned from direct
disposal into a landfill.
HDPE shall mean high-density polyethylene.
Household Construction and Demolition Debris shall mean waste materials from
interior and exterior household construction, remodeling and repair projects, including
but not limited to: drywall, plywood and paneling pieces, lumber and other building
materials; windows and doors, cabinets, carpeting, disassembled bathroom and kitchen
fixtures; and small amounts of sod, earth, clay, sand, concrete, rocks and similar
materials. Such debris shall conform to the following: loose small items shall be placed
in suitable disposable containers not exceeding fifty (50) pounds in weight, or in bundles
not exceeding two (2) feet in diameter, four (4) feet in length, and fifty (50) pounds in
weight.
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United CITY of Yorkville
Household Garbage shall mean garbage and rubbish as collected from the residents of
the CITY of Yorkville currently receiving curbside scavenger service or on-site dumpster
service.
Household Garbage — Large Items shall mean any items set forth under "Garbage and
Rubbish" above if such item is too large to fit in an approved Disposal Unit including,
but not limited to boxes, barrels, crates, furniture, refrigerators, carpets, mattresses, box
springs, hot water heaters, stoves and other household appliances, except those items
which are banned from direct disposal into a landfill.
Household Garbage — Large Items shall not include waste from manufacturing processes,
construction materials, broken concrete, lumber, large rocks, automobile parts other than
tires or dangerous substances which may create a danger to the health, safety, comfort or
welfare of the residents of the CITY of Yorkville or items which are banned from direct
disposal into a landfill.
Industrial Wastes shall mean any and all debris and waste products generated by
canning, manufacturing, food processing, restaurant, land clearing, building construction
or alteration and public works type construction projects whether performed by a
governmental unit or by Contract.
Juice Boxes shall mean aseptic cartons consisting of a high-grade paperboard coated
with polyethylene plastic and aluminum foil, excluding milk cartons.
Junk Mail shall mean brochures, advertisements, flyers, post cards, greeting cards,
window envelopes, and other similar correspondence.
Landscape Waste (also referred to as Yard-waste) shall mean hard landscape waste and
soft landscape waste.
Large Household Item (also known as `Bulk Item"), shall mean any discarded and
unwanted large household appliance such as freezers, stoves, trash compactors, washers,
dryers, dishwasher, humidifiers, dehumidifiers, microwaves, water softeners, televisions,
pianos, organs, tables, chairs, mattresses, box springs, bookcases, sofas and similar
furniture. "White goods" including those containing CFC' s (chlorofluorocarbons) shall
fit into this definition. "White goods" containing switches containing mercury, and
PCB ' s (polychlorinated biphenyls) shall not fit into this definition.
LDPE shall mean low density polyethylene.
Magazines shall mean periodical publications, usually glue bound.
Mixed Papers shall mean stationary, various office papers such as; computer paper,
xerox paper, note paper, letterhead, and other similar papers.
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United CITY of Yorkville
Multiple-Family Dwelling A dwelling containing three (3) or more dwelling units, with
one or both of the following: (a) More than one ( 1 ) dwelling unit connecting to a
common corridor or entrance-way; or, (b) Dwelling unit vertically connected to
neighboring dwelling units through shared floors and ceilings.
PET shall mean polyethylene terephthalate.
Performance Bond shall mean the form of security approved by the CITY and furnished
by the CONTRACTOR as a guarantee that the CONTRACTOR will execute the work in
accordance with the terms of the Contract and will pay all lawful claims.
Processing Center shall mean a location to be maintained or utilized by the
CONTRACTOR for the purpose of sorting, preparing, and marketing of recyclable
materials.
Properly-Prepared shall mean materials prepared according to the disposal program
restrictions for refuse, yard-waste, and recycling.
Processing Costs shall mean all reasonable costs incurred by the CONTRACTOR with
respect to the collection of recyclables from residents currently receiving curbside
scavenger services.
Public Awareness Program shall mean a program developed and provided by the
CONTRACTOR and the CITY to inform and encourage residents to use the recycling
collection services and other waste collection and disposal services of the CITY.
Recyclables or Recyclable Material(s) shall mean, at a minimum, those materials listed
on Appendix 2.
Recycling shall mean the use, collection, and remanufacture of secondary materials as
feedstock for the production of new materials or products.
Recycling Containers (bins) shall mean a 64 gallon tote, or a 33-gallon or 94-gallon tote
if so acquired by the customer in the manner prescribed in the recycling collection
program
Refuse shall mean all discarded and unwanted household and kitchen wastes, including
but not limited to: food, food residues, and materials necessarily used for packaging,
storing, preparing and consuming same, usually defined as "garbage"; and all
combustible and non-combustible waste materials resulting from routine domestic
housekeeping, including but not limited to: aluminum and steel cans, glass containers,
plastic containers, crockery and other containers, metal, paper (of all types), including
newspapers, books, magazines, catalogs, boxes and cartons, cold ashes, furniture,
furnishings and fixtures, household appliances (all kinds), textiles and leathers, toys and
recreational equipment and similar items. For the purposes of this Agreement, the terms
"garbage", `refuse", "rubbish", and "waste" shall be synonymous unless otherwise more
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United CITY of Yorkville
specifically defined (for example: "yard-waste").
Refuse Sticker shall mean a biodegradable paper stamped with the CITY name and the
CONTRACTOR' s name and telephone number providing the solid waste services for the
CITY. The sticker shall represent proof of payment for collection and disposal services
to be rendered by the CONTRACTOR.
Residence shall mean all attached single family and detached single family dwelling.
Single-Family Dwelling A detached dwelling containing accommodations for and
occupied by one ( 1 ) family only.
Specifications shall mean specifications identified in the Contract.
Tote (also referred to as a Toter) A plastic wheeled container in size of 64 gallon, 33
gallon, or 96 gallon with tight-fitting cover, requiring semi-automatic lifting mechanism
for collection.
Waste shall mean refuse, recyclables, yard or landscape waste and white goods.
Wet-strength Carrier Stock shall mean rectangular-shaped paperboard containers with
special coatings to prevent tearing of the containers or smearing of the ink from moisture
when refrigerated.
White Goods shall mean refrigerators, ranges or stoves (electric or gas), freezers, room
air conditioners, water heaters and other similar domestic large appliances.
Yard-waste container/unit shall mean a container or unit and may be a kraft paper bag
not exceeding thirty (34) gallons of capacity weighing up to fifty (50) pounds. The kraft
paper bag shall be of the type specifically intended for landscape waste, being
specifically biodegradable and not chemically treated; or a waste container (excluding
plastic bags) not exceeding thirty-four (34) gallons of capacity weighing up to fifty (50)
pounds; or bundles of hard landscape waste not exceeding two (2) feet in diameter and
four (4) feet in length weighing up to fifty (50) pounds. Said bundle to be securely tied
with biodegradable natural fiber twine. Securing with plastic or wire is prohibited.
Yard-waste (also known as "landscape waste") shall mean grass clippings, leaves,
branches and brush, other yard and garden trimmings, vines, garden plants and flowers,
weeds, tree droppings (for example: pine cones and crabapples), and other similar
organic waste materials accumulated as the result of the cultivation and maintenance of
lawns, shrubbery, vines, trees and gardens. Sod, dirt, Christmas trees, and greenery from
wreathes and garlands shall not be considered yard-waste and shall be disposed of as
refuse, unless the composting facility will accept it.
27. DESCRIPTION OF THE CITY'S SOLID WASTE PROGRAM
27. 1 Refuse, yard-waste, and curbside recycling services are provided to residences located
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United CITY of Yorkville
within the CITY on a once-per-week basis. The program, being a modified volume
based program, based on a monthly fee for pickup of all refuse, consisting of one-64
gallon tote, and a $ 1 charge for each refuse disposal unit beyond the 64-gallon tote,
unlimited yard waste, and unlimited recycling. As part of program, the CONTRACTOR
will supply the customer with a 64-gallon refuse tote and a 64-gallon recycling tote, and
will allow a customer to downsize or upsize to a 33 gallon tote or a 96 gallon tote for
either the recycling or refuse program, for a cost outlined in Appendix 1 .
27. 2 BULK ITEMS, as herein defined, are considered subject to collection by the
CONTRACTOR, according to the terms and definitions of this contract. The
CONTRACTOR will make available the collection of (1 ) one bulk item per week from
residential UNITS at no additional cost to the resident. Individual residents will be
responsible to contact CONTRACTOR and make arrangements for collection of
additional BULK ITEMS on an individual basis. Residents with additional material or
home improvement projects may contract separately with the CONTRACTOR. The
CONTRACTOR will make available 6, 10, 15, 20, and 30 cubic yard containers for this
purpose.
27.3 Yard-waste collection shall begin each year on the lst collection day in April and end the
last collection day in November.
28, SCOPE OF WORK
28 . 1 The CONTRACTOR shall be responsible for performing all work as outlined in the
specifications herein and shall provide and furnish all labor, materials, equipment and
supplies, vehicles, transportation services, and landfill and compost facility space
required to perform and complete the collection and disposal of refuse and yard waste.
The CONTRACTOR shall also make necessary arrangements with processors required to
perform and complete the collection and marketing of recyclables.
28.2 The collection of refuse, yard waste, and recyclable materials shall be a joint program
awarded to one firm and cannot be quoted or operated as separate programs.
29. COLLECTION UNITS
29. 1 The base unit of service shall be known as a "Collection Unit or Stop". The
CONTRACTOR shall collect, remove and dispose from every residential building unit,
as defined herein, in the CITY of Yorkville, all refuse, yard-waste and curbside
recyclables that may be set out for collection one (1) time each week.
30. GARBAGE AND REFUSE COLLECTION; PREPARATION AND PLACEMENT
OF DISPOSAL UNITS
30. 1 The CONTRACTOR agrees to provide, at its own expense, one 64-gallon tote to each
single-family residence in the CITY of Yorkville for the purposes of garbage collection.
The CONTRACTOR will allow a customer to downsize or upsize to a 33 gallon tote or a
96 gallon tote for the refuse program, provided that the customer pays for the downsize
or upsize as outlined in Appendix 1 . The carts will remain the property of the
CONTRACTOR and the CONTRACTOR will be responsible for replacement of carts
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United CITY of Yorkville
that become worn or damaged through normal usage.
30.2 The CONTRACTOR shall provide weekly collection of garbage and refuse for all
occupied UNITS within the CITY. All GARBAGE and REFUSE as herein defined that
is designated for collection and disposal hereunder must be placed in the provided carts.
30.3 Additional refuse material may be placed in covered cans or containers not to exceed
thirty-three (33) gallons in capacity with a maximum weight for any one container and its
contents not to exceed fifty (50) pounds. The minimum can or container shall not be less
than fifteen (15) gallons. Heavy duty bags which are securely fastened shall be
considered proper containers so long as they do not exceed thirty-three (33) gallons
capacity and are fifty (50) pounds or less in weight. Cans, containers, and/or heavy duty
bags must be placed at the curb or roadway or in the alley (if designed by the
CONTRACTOR). A $ 1 prepaid sticker must be attached to each bag or can in excess of
the provided cart prior to collection by the CONTRACTOR.
30.4 All residences receiving the aforementioned services shall be required to prepare all
materials for collection and/or disposal into proper "disposal units". The
CONTRACTOR will be required to collect only properly prepared disposal units.
Residents will be allowed to place unlimited amounts of disposal units at the curb for
collection and disposal provided that a disposal sticker has been attached to each unit
above and beyond the disposal units covered in the monthly fee.
30.5 Properly prepared refuse shall be placed as close to the roadway as practicable without
interfering with or endangering the movement of vehicles or pedestrians or snow
plowing operations. The CONTRACTOR shall return all containers at each pick-up
location to the curbside or adjacent to the right-of-way of paved or traveled CITY
roadways. Containers will be placed, not thrown, and securely placed in such a manner
that they are not left lying on their sides or in a manner that would allow roadway
interference of vehicle and/or pedestrian traffic. Any contents spilled by
CONTRACTOR on the parkways, premises, or streets are to be cleaned up in a
workmanlike manner.
31 . ACCEPTABLE/UNACCEPTABLE MATERIAL
31 . 1 . UNACCEPTABLE MATERIAL: Residents shall not set out for disposal and the
CONTRACTOR shall refuse to accept for regular collection: hazardous waste materials,
radioactive materials, poisons, liquid waste, paint or similar products, acids, used motor
oils, or any other material that the CONTRACTOR is legally unable to accept.
31 .2 ACCEPTABLE MATERIAL: All refuse normally produced by residential properties
shall be accepted for regular collection including but not necessarily limited to: bulk
items, household fixtures, appliances, furniture and yard-waste.
32. EXAMINATION OF SERVICE AREA
32. 1 It is the responsibility of the CONTRACTOR to be completely informed of all conditions
under which service is to be performed, the service area, and all other relevant matters
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United CITY of Yorkville
pertaining to the collection services as specified herein, including, but not limited to, type
of housing, population density, roads, traffic patterns, required collection procedure,
labor requirements, and any other factor which would effect the execution and/or
completion of the work covered by the contract.
33. ALTERNATIVES AND DEVIATIONS
33 . 1 The specifications included in this package describe existing services which the CITY
believes are necessary to meet performance requirements of the CITY and shall be
considered the minimum standards expected of the CONTRACTOR.
34 CHRISTMAS TREE COLLECTION
34. 1 The CONTRACTOR will provide curbside collection service of live Christmas trees two
(2) weeks during the I " and 2nd full week in January each contract year. It will be the
responsibility of the CONTRACTOR to either recycle or correctly dispose of live
Christmas trees. There will be no cost to the CITY of Yorkville for this service. The
CONTRACTOR and the CITY will work together to educate the public with respect to
the condition of the trees before they will be collected. Christmas trees will be accepted
provided they are free of all ornamentation, including tinsel, garland and lights. If
disposable tree bags are used, a refuse sticker must be affixed to the plastic bag.
Christmas trees placed at the curb during the two-week special collection period shall be
recycled. Recycling shall consist of taking the Christmas trees to a compost site to be
chipped, mulched or composted. The CONTRACTOR shall provide the name and
location of the compost site in accordance with Appendix 6.
35, YARD-WASTE/BUNDLED BRUSH COLLECTION
35 . 1 As a part of yard-waste collection, all eligible households located within the CITY's
corporate boundaries shall be provided weekly yard-waste and bundled brush collection
in an unlimited amount. All yard waste materials must be placed in "Kraft" paper bags
designed and sold specifically for the collection and disposal of yard waste. All bundled
brush must not exceed four (4) foot length, with each individual bundle not to exceed
excess weight of fifty (50) pounds. Resident customers placing bundled brush out for
collection will be required to bundle brush with biodegradable natural fiber twine (plastic
or wire is prohibited). Bundled brush will be collected on regular refuse service days
during the yearly period of time established, (April 1 st through the last collection day in
November).
36. RECYCLABLE MATERIAL PROGRAM
36. 1 The CONTRACTOR agrees to provide, at its own expense, one 64-gallon tote to each
single-family residence in the CITY of Yorkville for the purposes of recycling collection.
CONTRACTOR will allow a customer to downsize or upsize to a 33 gallon tote or a 96
gallon tote for the recycling program, provided that the customer pays the cost of the
upsize or downsize as provided for in Appendix 1 . The carts will remain the property of
the CONTRACTOR and the CONTRACTOR will be responsible for replacement of
carts that become worn or damaged through normal usage.
36.2 The CITY of Yorkville' s recyclable material program shall remain voluntary on the part
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United CITY of Yorkville
of any person receiving residential scavenger service as covered tinder this contract. The
CONTRACTOR shall, however, provide for the collection and disposal of all recyclable
material placed for collection in accordance with the terms of this Contract. The
CONTRACTOR shall provide for the collection and disposal of recyclable material at no
additional cost to customers receiving residential scavenger service as covered under this
contract. The cost of recycling collection and disposal services has been built into the
rates and charges otherwise provided for in the Contract for collection of refuse and yard-
waste. All revenue collected from the sale of recyclable material shall be the property of
the CONTRACTOR. The CONTRACTOR shall have representatives available to
participate in community-sponsored events promoting environmental awareness.
36.3 The method in which the recyclables are to be generally sorted for collection by the
household shall be commingled within the recycling container(s).
36.4 The CONTRACTOR shall specify the manner in which the recyclables are to be
collected and sorted by the CONTRACTOR at the curbside; i.e. curb-sort, sorting at an
intermediate processing facility, and the like. The CONTRACTOR will be responsible
for cleaning up any material that has spilled as a result of the collection process.
36.5 The CONTRACTOR shall allow for a tagging system for recyclables not collected and
must provide a simple explanation as to why the recyclable material(s) were not picked
up, including, but not limited to, the following: contaminants, improper preparation;
materials not accepted in program: refuse and/or yard-waste mixed with recyclables; or
some combination thereof. The CONTRACTOR shall submit an example of the tagging
system to be used. Recyclable materials that were rejected shall be returned to the
container and not left on the street or parkway areas.
36.6 The CONTRACTOR shall purchase and maintain a reasonable supply of recycling totes,
for residential scavenger service to cover replacement for lost, damaged and stolen
containers, and for customers desiring additional recycling capacity. The CITY reserves
the right to approve the type of containers purchased by the CONTRACTOR.
36.7 The CONTRACTOR shall pick up all recyclable material placed in the recycling existing
64 gallon totes, or the recycling containers supplied by the CONTRACTOR, or any other
recycling containers used by the customer. If, for operational purposes, the
CONTRACTOR has difficulty identifying recycling containers used for recycling
purposes, the CONTRACTOR shall provide free of charge, a recycling sticker or other
identification mechanism to be placed on the various recycling containers used for
collection of recyclable material.
36. 8 The CONTRACTOR shall provide the name and location of the processing facility, as
well as the proposed buyer/market for recyclable materials as set forth in Appendix 6.
In the event that an alternative site is preferred by the CITY, the CONTRACTOR shall
use the alternative site location provided that any changes in the costs for collection and
processing created by the use of such site will be negotiated between the CITY and the
CONTRACTOR prior to its use.
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United CITY of Yorkville
36.9 The CITY reserves the right to accept or reject any or all suggested categories, which
may be offered for collection in the residential recycling program. The CITY also
reserves the right to phase in at a later date, any materials) which the CONTRACTOR
has indicated an ability to collect but which the CITY has determined not to add to the
collection program, or to phase in any material(s) that the CONTRACTOR may not
presently offer but will be able to offer sometime during the term of the Contract. The
basis for determining cost of adding materials at a later date will be based on evidence
supplied by the CONTRACTOR specifically justifying additional cost due to collection,
administration, profit, and processing (minus revenue) only.
37. AMNESTY DAY
37. 1 The CONTRACTOR shall provide for a spring and fall curbside collection of additional
refuse and bulk items as defined herein, on a date(s) that is mutually agreed upon
between the CONTRACTOR and the CITY. In addition, the CONTRACTOR will
collect WHITE GOODS and up to 4 automobile tires during the scheduled Amnesty Day.
All rims must be removed from the tires prior to collection. There shall be no additional
charge to the residents for the clean up and additional BULK ITEMS and WHITE
GOODS that will be accepted during the designated clean-up week and stickers will not
be required.
38. COLLECTION FROM CITY-OWNED FACILITIES
38. 1 At no additional cost, the CONTRACTOR shall collect, transport, and dispose of all
refuse, yard-waste and recyclables from all CITY-owned facilities as set forth in Exhibit
B . The CONTRACTOR shall furnish, at no additional cost to the CITY, at each
municipal building served, containers for refuse, yard-waste and recyclables as requested
by the CITY's Designated Representative, with the size to be agreed upon. The CITY
reserves the right to request such containers, in addition to, or increase the size of normal
containers, on a permanent or temporary basis. If requested by the CITY, any and all
containers furnished by the CONTRACTOR shall be equipped with non-removable
hinged covers or lids. Collection and disposal services by the CONTRACTOR will be as
often as necessary each week, as set forth in Exhibit B.
39. STICKER DESIGN AND DISTRIBUTION
39. 1 The CITY has the sole authority to approve or disapprove the design and constriction of
the CONTRACTOR' s stickers. Stickers must be of an approved color, which should be
clearly visible at dawn or at dusk by drivers, and which said color should be changed
periodically to prevent counterfeiting. The paper used shall be biodegradable and shall
contain glue backing that will adhere in sub-zero temperatures as well as in extreme heat.
The stickers shall contain the CONTRACTOR's name and telephone number, state the
CITY of Yorkville title and be consecutively numbered for record keeping and balancing
purposes. The CONTRACTOR will deliver stickers to retail outlets and the CITY upon
request.
39.2 The CONTRACTOR shall be responsible for the printing, distribution, and sale of an
ample and always available supply of waste stickers. The CONTRACTOR shall arrange
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United CITY of Yorkville
for local retail outlets to aid in the sale of the stickers. The CITY also may act as a
disposal sticker retailer for the CONTRACTOR.
40. BILLING PROCEDURES
40. 1 The CONTRACTOR shall bill the CITY for all serviced UNITS within the CITY. The
CITY shall provide the CONTRACTOR with the number of occupied UNITS within the
CITY on a monthly basis.
41 . MONTHLY REPORTING
41 . 1 The CONTRACTOR shall prepare and submit to the CITY a monthly refuse, yard-waste
and recycling material report, due by the 25`h of the following month. The report shall
include the following information for all residential scavenger service covered under this
contract:
41 .2 Refuse - Total weight in tons and total volume in compacted cubic yards of refuse land-
filled each month; Number of white goods collected each month; Tipping fee charge per
ton at the landfill site; Name and location of the landfill facility and/or transfer station
used by the CONTRACTOR; and, Copy of all complaints filed by the CITY of Yorkville
customers during the month.
41 .3 Yard-waste - Total volume, in compacted cubic yards, of yard-waste collected; Tipping
fee charge per compacted cubic yard at the compost facility; Name and location of the
compost facility used by the CONTRACTOR; and, Copy of all complaints filed by the
CITY of Yorkville customers during the month.
41 .4 Recyclable Material - Weekly set-out rate; Monthly participation rate (total number of
set-outs divided by the number of homes/dwelling units included in the collection
service); Total weight, in pounds, of recyclable materials collected; Revenue received by
the CONTRACTOR for the sale ofrecyclables; Tipping fee savings (total weight of
recyclable materials collected in tons multiplied by the tipping fee charge per ton at the
landfill site); Name and location of processing facility used by the CONTRACTOR; and,
Copy of all complaints filed by the CITY of Yorkville customers during the month.
42. CONSUMER EDUCATION
42. 1 Upon request, the CONTRACTOR agrees to provide CITY residents with such
educational materials as the CITY deems necessary. Educational materials may include
notices to be left at resident's property as well as literature describing in detail the refuse,
recycling and yard-waste collection program. There shall be no cost to the CITY or its
residents for the printing and distribution of any consuuner education materials.
43. TITLE TO WASTES
43 . 1 All refuse, yard-waste, and curbside recyclables collected shall belong to the
CONTRACTOR as soon as the same is placed in the CONTRACTOR' s vehicle.
44. DISPOSAL
44. 1 All refuse and yard-waste collected shall be removed from the CITY by the
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CONTRACTOR as soon as it has been collected; but in any event, not later than noon of
the date following collection, and shall not be disposed of in violation of any state,
federal or county laws or regulations.
44.2 In the event that a landfill is sited, permitted and operational in the City limits of
Yorkville, during the term of this contract, the Contractor agrees to deliver the solid
waste generated under this contract to that facility providing however that doing so does
not cause any increase in Contractor's operational costs. The City and the Contractor
agree to negotiate in good faith an increase or decrease in the rates hereunder if
Contractor's operational costs increase or decrease as a result of delivering the waste to
the Yorkville landfill.
45. RATES AND SPECIAL RATES
45 . 1 For any services required to be performed under this Contract, the charge shall not
exceed the rates as fixed by the Contract and set forth in Appendix 1 attached hereto and
made a part hereof. For items not otherwise provided for by the Contract document, and
requiring special handling due to size, weight, type of material or method of placement,
the charges are to be negotiated between the CONTRACTOR and the resident customer
for collection and disposal into a landfill or processing facility.
46. SPECIAL & EMERGENCY COLLECTIONS
46. 1 The CONTRACTOR shall offer special curbside collection service for large quantities of
refuse including, but not limited to, construction and demolition debris, and move-in or
move-out clean-up rubbish. Such services shall be an advance arrangement with the
CONTRACTOR at the resident customer request. The collection cost for such services
shall be based upon cubic yards and the resident customer shall make payment directly to
the CONTRACTOR. The CONTRACTOR agrees to provide free dumpsters (sizes 1
yard through 30 yard as requested by the CITY) for refuse and recycling collection and
free portable toilets during the CITY's annual Hometown Days, 4th of July Parade and
celebration in the park, and other special events which were provided service under the
previous contract. The CITY and the CONTRACTOR may mutually agree to emergency
pick-up services for disasters including, but not limited to, flood, wind and snow
47. SCHEDULE AND TIME OF COLLECTIONS
47. 1 The CITY of Yorkville shall be divided into collection areas and a regular weekday
collection shall be assigned to each area. A map of the CITY of Yorkville, designating
collection areas shall be made a part of this contract and attached hereto as Exhibit A.
47.2 The schedule shall not be changed without first obtaining consent from the CITY
Administrator or designee, and not without giving a minimum of thirty (30) days written
notice to all parties affected by the change. The CITY may, at its discretion, waive the
minimum time limits required. This waiver must be in writing and signed by the CITY
designee. The CONTRACTOR will be required to publish an advertisement twice per
week in two separate weekly issues of the local newspapers, no earlier than 60 days prior
to the change, with the last advertisement to be no later than fifteen ( 15) days prior to the
schedule change. Failure of the CONTRACTOR to maintain said collection schedule
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shall be considered a breach and default of the contract and grounds for immediate
termination of the contract.
47.3 In no case shall collection commence prior to 6 :00 a.m. or continue past 7 :00 p.m. on any
day during the term of the contract. The collection schedule shall not include Saturday
or Sunday as a regular collection day for any area in the CITY.
48, HOLIDAYS
48. 1 Collection normally falling on the following holidays may be rescheduled for the first
working day following the legal holiday, or on Saturday, as necessary, for that week
only:
New Year' s Day Memorial Day Independence Day
Labor Day Thanksgiving Day Christmas Day
48.2 The CONTRACTOR agrees to inform the CITY and its residents of changes in normal
collections due to holidays by notification through at least two local media outlets or
establish a permanent holiday schedule or plan to be printed within the refuse literature.
49. SCHEDULE ADHERANCE
49. 1 If, at any time during the term of this contract, the CONTRACTOR shall collect any
section of the CITY on a day other than the scheduled day, the CONTRACTOR shall
immediately notify the CITY that he is in violation of the contract. If a similar violation
should occur more than once within the three week period following the week of the
original violation, the CITY will notify the CONTRACTOR by certified mail and
withhold any further payment that may be due under the contract until the
CONTRACTOR has famished evidence satisfactory to the CITY that the
CONTRACTOR has taken necessary actions and precautions to prevent further
violations. The CITY may determine that this second or subsequent collection violation
as a breach of contract, and therefore the CITY reserves the right to terminate the
contract. Delays that are occasioned by holidays, or by daily (any 24-hour period)
precipitation of four (4) inches or more of rain, or eight (8) inches or more of snow, may
not be considered as violations. The City Administrator or the CITY' s Designated
Representative shall be the judge of whether delays constitute a violation, or not.
50. PLACE OF PICK-UP
50. 1 The CONTRACTOR is responsible for the public streets, or properly wavered private
street curbside pick-up of all residential locations as well as designated locations as
requested by the CITY.
51 . REPLACEMENT DAMAGE
51 . 1 The CONTRACTOR is responsible for damages resulting from its careless handling of
any receptacle. The CONTRACTOR at no extra charge to the user shall replace all
containers, which suffer damage caused by the CONTRACTOR. The containers so
supplied shall remain the property of the CONTRACTOR.
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United CITY of Yorkville
52. COLLECTION VEHICLES
52. 1 All vehicles used for collection purposes, except those exempted by other provisions of
these specifications, shall have fully enclosed bodies with self-contained mechanisms to
load and compress the material collected. These vehicles must be modern, neat, rear,
front, or side-loading packer-type motor trucks, have entry for refuse into the vehicle's
collecting body. All vehicles shall be kept watertight to prevent leaking, shall be kept
closed except during collections along collection route. All equipment used by the
CONTRACTOR shall be painted with no rust showing on the cab, chassis or body.
Vehicles must be kept in clean, sanitary and quiet operating condition. Vehicles must at
all times be supplied with brooms and necessary items to provide for immediate clean up
of any litter or mess, which may result from leaking, spilling or blowing during
collection procedures. Vehicles shall be clearly labeled with the firm' s name, address,
and telephone number and have a vehicle identification number printed clearly on each
and every vehicle. However, if the CONTRACTOR desires to use a vehicle of larger
capacity, specific written approval of the specific vehicle shall be required from the
CITY's Designated Representative, after an actual demonstration of the vehicle on the
streets of Yorkville. Overweight vehicles are the responsibility of the CONTRACTOR.
CONTRACTOR is required to comply with weight requirements and safety requirements
as established by Illinois Law or CITY Ordinances for vehicles, vehicle operators and
specialty equipment.
53. EMPLOYEES
53 . 1 The CONTRACTOR shall undertake to perform all disposal services rendered in a neat,
orderly and efficient manner; to use care and diligence in the performance of this
contract; and to provide neat, orderly and courteous personnel on its crews. The
CONTRACTOR shall agree to prohibit any drinking of alcoholic beverages or use of
illegal drugs or drugs which impair the ability of the employee or agent to safely and
adequately perform his or her (drivers and crew members) job while on duty or in the
course of performing their duties under this contract. The CONTRACTOR shall also
agree to ensure that each employee driving a vehicle shall at all times carry a valid
operator's license for the type vehicle he/she is driving. The CONTRACTOR's
employees will be attired, at all times, in a professional-type manner. These specifics
will be agreed upon between representatives from the CONTRACTOR and the CITY
Designated Representative.
54. ACCIDENT PREVENTION
54. 1 Precaution shall be exercised at all times for the citizens, employees and property. The
safety provisions of all applicable laws and building and construction codes shall be
observed. Machinery, equipment and all hazards shall be guarded or eliminated in
accordance with the safety provisions of the manual of Accident Prevention in
Constriction, published by the Associated General Contractors of America, to the extent
that such provisions are not in contravention of applicable law.
55. COMPLAINT PROCEDURE
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United CITY of Yorkville
55 . 1 All complaints received by the CONTRACTOR shall be given prompt and courteous
attention. The CITY and the CONTRACTOR will agree upon a formalized complaint
form to be filled out by the CONTRACTOR each and every time a customer contacts the
CONTRACTOR with a complaint. It will be the CONTRACTOR's responsibility to
have the complaint forms, on NCR (no carbon required) paper, printed and available for
use by the CONTRACTOR prior to the cormnencement of this Contract. The
CONTRACTOR will supply the CITY with sufficient NCR forms for logging of
complaints by City of Yorkville staff Any complaint received by the CITY shall be
immediately communicated to the CONTRACTOR. The CONTRACTOR is required to
supply the CITY with copies of all complaint forms within five (5) business days of a
complaint being made, indicating thereon the resolution thereof
55.2 The CONTRACTOR shall provide the CITY with name, phone number, and email
address for an individual to serve as point person for purposes of CITY staff contact with
the CONTRACTOR.
56. COMPLAINTS
56. 1 Where any dispute arises between a resident/customer and the CONTRACTOR, as to the
manner or placing of containers for collection or preparation of recyclable materials, or
the nature of the Contract or the like, the CONTRACTOR agrees that in the specific
instance collection will be immediately made (except with respect to unacceptable waste
or improperly prepared waste) even though in its opinion, the customer is in error; and
that it will immediately report the same to the CITY's Designated Representative so that
the CITY and the CONTRACTOR may resolve the dispute, if possible, before additional
collection becomes necessary. The intent of this paragraph is to avoid
disputes/disagreements between the customers and the CONTRACTOR' s employees,
and to permit disputes/disagreements to be handled by mutual discussion between the
CONTRACTOR and the CITY. If a missed pick up is reported by the CITY or a
customer to the CONTRACTOR, the CONTRACTOR shall collect the refuse, recyclable
material or yard-waste from such customer within on (1 ) business day of notification.
All complaints other than missed pickups shall be resolved to the satisfaction of the
CITY within two (2) business days. As noted above, the CONTRACTOR shall supply to
the CITY an NCR copy of the complaint form for each and every complaint and on
which the nature of the complaint and the disposition is clearly noted. The
CONTRACTOR shall cooperate with the CITY in minimizing complaints from
customers. Continued unreasonable complaint levels, as determined by the CITY, or
failure of the CONTRACTOR to carry out any of its contractual obligations such as, but
not limited to, rude treatment, messy pickups, damage to persons or property and early
start-up may be due cause for the CITY to terminate this Contract after notice and an
opportunity to be heard.
57. CUSTOMER VIOLATIONS OF CITY CODE
57. 1 The CONTRACTOR shall have the right to notify any customer of noncompliance with
the applicable Yorkville code provisions concerning the handling or disposal of solid
waste as those same may apply to such customers. The CONTRACTOR shall report any
continuance of any such noncompliance to the CITY.
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United CITY of Yorkville
58. NEW CUSTOMERS
58. 1 The CONTRACTOR agrees to provide service immediately to all new customers, even if
the new customer neglected to first notify or request collection services. The CITY
agrees to make every effort possible to alert the new customer to the collection procedure
for refuse, recycling and yard-waste.
59. EXCLUSIVE GRANT/INTENT
59. 1 The CITY agrees that in consideration of the faithful performance of the obligations
herein undertaken by the CONTRACTOR, the CITY does, by execution of this Contract
pursuant to CITY Code, give and grant to the CONTRACTOR, for the term of this
Contract only, the sole and exclusive Class A License to collect and dispose of all
residential solid wastes. The Contract shall include all residences (attached single-family
and detached single-family as defined herein) and municipal facilities as required within
the corporate boundaries of the City of Yorkville. This grant expressly includes the right
and duty to service any land annexed to the CITY where new residences or municipal
buildings have been constructed during the term of this Contract. Service will be
provided on the same terms as set forth herein. The CITY shall communicate any
changes to the corporate boundaries or service area resulting from annexations, zoning
actions, site plan approvals, construction, etc., to the CONTRACTOR. It is the intent of
this Contract to obtain, throughout its term, clean, courteous, well scheduled, and well-
executed collection and disposal or processing of refuse, recycling and yard-waste from
properties in the CITY of Yorkville. While the CITY recognizes that any collection
service involves minor customer operating problems, the intent of this Contract is to
ensure that any such operating problems are minimized to the extent possible and
corrected as soon as possible.
62. TERM OF CONTRACT
62. 1 Section 14. 1 of the Terms and Conditions document is hereby waived. The term of the
Contract will be five (5) years, and shall commence at 12:01 a.m. on May 1 , 2007 and
shall remain in full force and effect through termination at 11 :59 p.m. on April 30, 2012.
Upon request, the CITY may exercise an option to extend the contract term for an
additional two (2) year period ending at 11 : 59 p.m. on April 30, 2014. This contract may
be extended no more than twice for subsequent annual periods (two annual extensions)
by mutual agreement of both parties, providing such agreement complies with CITY
purchasing policies and the availability of funds. The CONTRACTOR may negotiate in
good faith, on request of the CITY, for an extension to the contract, provided that the
contract extension is approved by the CITY Council no later than one hundred twenty
( 120) days before the termination of the existing contract.
63. STICKER REFUND
63 . 1 At the end of the Contract term, should the CITY select a different scavenger service, the
CONTRACTOR agrees to refund to all customers, retailers and the CITY, the full
purchase price of all refuse/yard-waste stickers returned to the CONTRACTOR within
one hundred twenty (120) days after the end of such term.
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United CITY of Yorkville
64. PERFORMANCE BOND
64. 1 The CONTRACTOR shall provide the CITY with a performance bond issued by a surety
in an amount of $500,000.
65. EMERGENCIES
65 . 1 The CONTRACTOR agrees that should any emergency arise by reason of storm,
tornadoes, or other act of God which require additional hauling equipment by the CITY,
the CONTRACTOR may be requested to provide additional services beyond those
contemplated herein for the collection of materials in the normal and ordinary course,
provided that the CITY and the CONTRACTOR shall mutually agree to the scope of
services and compensation to the CONTRACTOR.
66 LOCALIMPROVEMENTS
66. 1 The CITY of Yorkville reserves the right to construct any improvement or to permit any
constriction in any street, which may have the effect for a time of preventing the
CONTRACTOR from traveling his accustomed route or routes for collection. The
CONTRACTOR shall, however, by an acceptable method, continue to collect the refuse,
yard-waste and recyclables to the same extent as though no interference existed upon the
streets formerly traveled. This shall be done without extra cost to the CITY of Yorkville.
67. TAXES, LICENSES & PERMITS
67. 1 The CONTRACTOR shall pay all sales, use, property, income, and other taxes that are
lawfully assessed against the CITY or the CONTRACTOR in connection with the
CONTRACTOR' s facilities and the work included in this Contract, and shall obtain and
pay for all licenses, permits, certificates of authority, and inspections required for the
work. The CONTRACTOR shall furnish to the CITY satisfactory evidence that it has all
permits, licenses, and certificates of authority required to operate for the term of this
contract.
68. DEFAULT
68 . 1 If the CONTRACTOR fails to observe the established schedule for more than two (2)
consecutive working days, and in the opinion of the CITY' s Designated Representative,
there has not been sufficient cause to justify such lack of observance, the CITY shall
serve notice, either personally or by affixing such notice to the local premises of the
CONTRACTOR, that this contract shall be in default if the CONTRACTOR does not
take action to re-establish the schedule within twenty-four (24) hours of said notice. If at
the end of the twenty-four (24) hour period, the CONTRACTOR has not made the
necessary corrections, the CITY shall take such steps as are necessary, to provide
services according to the collection schedule submitted by the CONTRACTOR. The
CONTRACTOR will be liable for any costs of such steps from the date of the notice of
default.
69. STRIKES/FORCE MAJEURE
69. 1 The CONTRACTOR shall be required to file proof with the CITY Administrator or his
designee that it has a "no strike" provision for the duration of all collective bargaining
agreements with its workers. Upon execution of any new agreement, the
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United CITY of Yorkville
CONTRACTOR shall forward to the CITY Administrator within thirty (30) days
thereafter, proof that said agreement also contains a "no strike" clause.
In the event of a labor related strike or picketing by CONTRACTOR' S employees, the
CONTRACTOR shall exert commercially reasonable efforts to ensure the continuation
of its contracted collection services to the CITY.
69.2 In the event that the Contractor shall fail to collect, remove and properly dispose of the waste
in accordance with the terms of this contract, for a period of five (5) business days or more,
the CITY, may, at its option, cause such waste to be collected and disposed of by any
reasonable-means available to the CITY, and the cost thereof may be charged against the
Contractor and the performance bond furnished by the Contractor. The foregoing option
shall not be available to the CITY if the Contractor's failure so to collect and remove waste
for the period was due to unusual weather conditions, or some other "act of God," which
rendered such collection and removal impossible to perform. The Contractor shall not be
liable for the failure to perform its duties if such failure was caused by a catastrophe, riot,
war, government order or regulation, fire, accident or any similar contingency beyond the
reasonable control of the Contractor. "Act of God" does not include any strike, sympathy
strike, slowdown, sit-down, stoppage of work, refusal to perform overtime, mass
absenteeism, refusal to cross a picket line or any other similar concerted action or
intentional interruption or disruption of the operations of the Contractor by Contractor' s
own employees (the foregoing collectively referred to as "labor dispute"), provided,
however, that in the event that the CITY exercises its option under this Article to collect
and dispose of waste by other reasonable means because of the Contractor's failure to
perform due to a labor dispute, the total amount charged against the Contractor by the
CITY can only be an amount which is in excess of the total amount that the CITY would
have otherwise paid to the Contractor for collection over the duration of the labor
dispute. The CONTRACTOR shall promptly notify the CITY in writing of any event
covered by this Section and the date, nature and cause thereof. Such notice shall indicate
the anticipated extent of such delay and the obligations under this Agreement to be
affected thereby
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United CITY of Yorkville
IV. CONTRACT FORM
Entire Block Must Be Completed To Be Considered an Executed Contract
CONTRACTOR:
Veolia ES Solid Waste Midwest , LLC Date: April 25 , 2007
Company Name
Bob . Pfister @veoliaes . com
1210 Lyon Street Email Address
Street Address of Company
Robert F . Pfister
Batavia , Illinois 60510 Contact Name (Print)
CITY, State, Zip
( 708 ) 774 - 2586
( 630 ) 587 - 8282 24-Hour Telephone
Business Phone
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United CITY of Yorkville
( 630 ) 761 - 0077 Signature of Officer, Partner or
Fax Sole Proprietor
Regional VP
P • t me & Title
ATTEST: If a Corporation
Signature ofetperiex SeereE Municipal Marketing Manager
CITY OF YORKVILLE:
LIZ ATTEST:51
Authorized gignature
n
L eel Af c f ITY Clerk
Title {
/ Z7 /a -7 Z7101
Date Date
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United CITY of Yorkville
APPENDIX 1
GENERAL PRICE QUOTATION SHEET
Please provide all costs associated with once a week, same day refuse, yard waste, leaf, and recycling
collection services for each year in accordance with the following schedule:
Year 5
5/01/07- 5/01/08- 5/01/09- i i
Description of Service 4/30/08 4/30/09 4/30/10 4/30/11
1. Monthly Prices (Shall include 2 Amnesty Day Collection and Live Christmas tree collection for two weeks in
January at no additional cost
Refuse, yard waste, and
recycling collection
program as outlined in $ 19.10 per $ 19.67 per $ 20.26 per $ 20.87 per $ 21 .50 per
the contract, one 64 month month month month month
gallon refuse tote, and
one 64 gallon recycling
tote
2. Other Components
Special Collections (charge $18 per yard $19 per yard $20 per yard $21 per yard $22 per yard
per cubic yard)
Cost of 96 gallon or 33 $5 per month $5 per month $5 per month $5 per month $5 per month
gallon refuse cart or per cart per cart per cart per cart per cart
recycling cart
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United CITY of Yorkville
APPENDIX 2
REQUIRED RECYCLABLES TO BE COLLECTED
The CITY requires that the CONTRACTOR shall collect the following recyclable material for
the entire term of the contract. Additionally, the CONTRACTOR is encouraged to identify
additional items they will be collecting, not on the current list.
Required Recyclable Materials
• brown paper bags
• corrugated cardboard
• boxes and cartons
• chipboard/paperboard (to include brown or gray box board or paperboard, cereal
boxes, shoe boxes, & paper towel cores)
• magazines and catalogues
• mixed paper, glossy & non-glossy (to include stationary, notebook paper, post-it
notes, computer paper, typing paper, flyers, greeting cards, File folders and all
envelopes, with and without windows)
• newspaper (including all supplements)
• telephone books
• wet strength carrier stock (to include paper board used for refrigerated and frozen
items)
• frozen food packages
• aerosol cans
• aluminum cans and foil
• formed aluminum containers and wraps
• aseptic packaging and gable top containers
• formed steel containers
• glass bottles and jars (brown, green, and clear)
• plastic containers (colored or cloudy white HDPE milk, juice and/or water bottles,
jars and jugs)
• all plastic containers # 1 through #5 and plastic containers #7
• LDPE and HDPE soft plastic six (6) and twelve ( 12) pack rings
• steel cans
• steel paint cans and lids
• household batteries
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United CITY of Yorkville
EXHIBIT A
SOLID WASTE COLLECTION DAY MAP
See attached
32
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United CITY of Yorkville
EXHIBIT B
SERVICES FOR MUNICIPAL AND PUBLIC FACILITIES
Location - Service Type Size Frequency
Library Refuse 1 -1 .5 yd Ix/wk
902 Game Farm Road Recycling 1 -1 .5 yd lx/wk
CITY Hall and Police Refuse 1-6 yd 2x/wk
Department Recycling 1 -2 yd cardboard lx/wk
800 Game Farm Road Recycling (paper) 6-96 gallon toters lx/wk
Public Works Recycling 1-2 yd cardboard lx/wk
610 Tower Lane Refuse 1 -20 yd open lx/wk
Parks and Recreation Refuse 1 -20 yd open Ix/wk
Satellite Office at Old Post Recycling 1 -96 gallon toter Ix/wk
Office Recycling 1- 1 yd cardboard lx/wk
201 W. Hydraulic Avenue
Parks and Recreation Refuse 1 -1 .5 yd lx/wk
Riverfront Administrative Recycling 2-96 gallon toter lx/wk
Building
301 E. Hydraulic
Parks and Recreation Refuse 1-1 .5 yd lx/wk
Riverfront Program Recycling 2-96 gallon toter lx/wk
Building
131 E. Hydraulic
Beecher Center Refuse 1 -4yd refuse lx/wk
908 Game Farm Road Recycle 1-2yd recycle 1x/wk
All CITY Rentals Refuse 96 gal.toters, 33 gal. toters, 18
When Required gal. toters
30 yd open dumpster
The CONTRACTOR shall provide, at no cost to the CITY, the collection and disposal of all
refuse, recycling, and yard waste, or more often if requested by the CITY. A comprehensive
recycling program shall also be provided at no cost for the municipal facilities listed above (new
or additional facilities may be added at any time during the Contract term). The
CONTRACTOR shall be responsible for supplying all service equipment associated with totes
and containers/dumpsters to said facilities as set forth in the Contract. All equipment to be
provided or furnished by CONTRACTOR hereunder shall remain the property of
CONTRACTOR.
33
REQUEST FOR PROPOSAL
Name of Proposing Company:
Project Name: Solid Waste Collection Services
Proposal No.:
Proposal Due: Monday, March 19, 2007 cni 4:30 p.m.
Proposal Opening_ Monday, March 19, 2007 4:31 p.m.
Required of All Proposers:
Deposit: $5,000.00
Letter of Capability of Acquiring
Performance Bond: Not Required
Required of Awarded Contractor:
Performance Bond/Letter of Credit: $500,000.00
Certificate of Insurance: Required
Legal Advertisement Published: Thursday, March 1, 2007
Date Issued: Friday, February 23, 2007
This document consists of 44 pages.
Return original and two duplicate copies of proposal along with one compact disc with
proposal information contained on it in a *.doc (Microsoft Word) or *.pdf(Abode Acrobat)
version in a sealed envelope marked with the Proposal Number as noted above to:
JOHN CROIS
CITY ADMINISTRATOR
UNITED CITY OF YORKVILLE
800 GAME FARM ROAD
YORKVILLE, IL 60560
PHONE: 630-553-4350
FAX: 630-553-7575
www.vorkville.il.us
1
The UNITED CITY OF YORKVILLE will receive proposals Monday thru Friday, 8:00 A.M. to
4:30 P.M. at City Hall, 800 Game Farm Road, Yorkville, IL 60560.
SPECIFICATIONS MUST BE MET AT THE TIME THE PROPOSAL IS DUE.
The City Council reserves the right to accept or reject any and all proposals, to waive
technicalities and to accept or reject any item of any proposal.
The documents constituting component parts of this contract are the following:
I. REQUEST FOR PROPOSALS
II. TERMS & CONDITIONS
III. DETAILED SPECIFICATIONS
IV. PROPOSAL/CONTRACT FORM
DO NOT DETACH ANY PORTION OF THIS DOCUMENT. INVALIDATION COULD
RESULT. Proposers MUST submit an original, 2 additional paper copies and one compact disc
of the total proposal. Upon formal award of the proposal, the successful Proposer will receive a
copy of the executed contract.
2
I. REQUEST FOR PROPOSALS
1. GENERAL
1.1 Notice is hereby given that United City of Yorkville will receive sealed proposals up to
Monday, March 19, 2007 at 4:30 p.m.
1.2 Proposals will be opened and read aloud in the City Council Chambers at Yorkville City
Hall, 800 Game Farm Road, on Monday, March 19, 2007 at 4:31 p.m.
1.2 Proposals must be received at the United City of Yorkville by the time and date specified.
Proposals received after the specified time and date will not be accepted and will be
returned unopened to the Proposer.
1.3 Proposal forms shall be sent to the United City of Yorkville, ATTN: John Crois, in a
sealed envelope marked "SEALED PROPOSAL". The envelope shall be marked with the
name of the project, date, and time set for receipt of proposals.
1.4 All proposals must be submitted on the forms supplied by the City and signed by a proper
official of the company submitting proposal. Telephone, email and fax proposals will not
be accepted.
1.5 By submitting this proposal, the proposer certifies under penalty of perjury that they have
not acted in collusion with any other proposer or potential Proposer.
2. PREPARATION OF PROPOSAL
2.1 It is the responsibility of the proposer to carefully examine the specifications and proposal
documents and to be familiar with all of the requirements, stipulations, provisions, and
conditions surrounding the proposed services.
2.2 No oral or telephone interpretations of specifications shall be binding upon the City. All
requests for interpretations or clarifications shall be made in writing and received by the
City at least five (5) business days prior to the date set for receipt of proposals. All
changes or interpretations of the specifications shall be made by the City in a written
addendum to our proposer's of record.
2.3 In case of error in the extension of prices in the proposal, the hourly rate or unit price will
govern. In case of discrepancy in the price between the written and numerical amounts,
the written amount will govern.
2.4 All costs incurred in the preparation, submission, and/or presentation of any proposal
including any proposer's travel or personal expenses shall be the sole responsibility of the
proposer and will not be reimbursed by the City.
2.5 The proposer hereby affirms and states that the prices quoted herein constitute the total
cost to the City for all work involved in the respective items and that this cost also
includes all insurance, royalties, transportation charges, use of all tools and equipment,
superintendence, overhead expense, all profits and all other work, services and conditions
necessarily involved in the work to be done and materials to be furnished in accordance
3
with the requirements of the Contract Documents considered severally and collectively.
3. MODIFICATION OR WITHDRAWAL OF PROPOSALS
3.1 A Proposal that is in the possession of the City may be altered by a letter bearing the
signature or name of person authorized for submitting a proposal, provided that it is
received prior to the time and date set for the bid opening. Telephone, email or verbal
alterations of a proposal will not be accepted.
3.2 A Proposal that is in the possession of the City may be withdrawn by the proposer, up to
the time set for the proposal opening, by a letter bearing the signature or name of person
authorized for submitting proposals. Proposals may not be withdrawn after the proposal
opening and shall remain valid for a period of ninety(90) days from the date set for the
proposal opening, unless otherwise specified.
4. SECURITY FOR PERFORMANCE
4.1 The awarded contractor, within thirteen(13) calendar days after acceptance of the
proposer's proposal by the City, shall furnish security for performance acceptable to the
City when required under the documents. Such security shall be either a satisfactory
performance bond(bonding company must be licensed to do business in Illinois) or a letter
of credit on the form provided by the City and available from the City's Attorney. NOTE:
As evidence of capability to provide such security for performance, each proposer
shall submit with the proposal either a letter executed by its surety company
indicating the proposer's performance bonding capability, or a letter from a bank or
savings and loan within twenty-five miles of the corporate boundaries of the City
indicating its willingness and intent to provide a letter of credit for the proposer.
5. DELIVERY
5.1 All proposal prices are to be quoted, delivered F.O.B. City of Yorkville, 800 Game Farm
Road, Yorkville, IL 60560.
6. TAX EXEMPTION
6.1 The City is exempt from Illinois sales or use tax for direct purchases of materials and
supplies. A copy of the Illinois Sales Tax Exemption Form will be issued upon request.
Our federal identification will also be provided to selected vendor.
7. RESERVED RIGHTS
7.1 The City of Yorkville reserves the exclusive right to waive sections, technicalities,
irregularities and informalities and to accept or reject any and all proposals and to
disapprove of any and all subcontractors as may be in the best interest of the City. Time
and date requirements for receipt of proposal will not be waived.
4
II. TERMS AND CONDITIONS
8. CITY ORDINANCES
8.1 The successful proposer will strictly comply with all ordinances of the City of Yorkville
and laws of the State of Illinois.
9 USE OF CITY'S NAME
9.1 The proposer is specifically denied the right of using in any form or medium the name of
the City for public advertising unless express permission is granted by the City.
10. INDEMNITY AND HOLD HARMLESS AGREEMENT
10.1 To the fullest extent permitted by law, the Proposer shall indemnify, keep and save
harmless the City and its agents, officers, and employees, against all injuries, deaths,
losses, damages, claims, suits, liabilities,judgments, costs and expenses, which may arise
directly or indirectly from any negligence or from the reckless or willful misconduct of the
Proposer, its employees, or its subcontractors, and the Proposer, its employees, or its
subcontractors, and the Proposer shall at its own expense, appear, defend and pay all
charges of attorneys and all costs and other expenses arising therefrom or incurred in
connection therewith, and, if any judgment shall be rendered against the City in any such
action, the Proposer shall, at its own expense, satisfy and discharge the same. This
Agreement shall not be construed as requiring the Proposer to indemnify the City for its
own negligence. The Proposer shall indemnify, keep and save harmless the City only
where a loss was caused by the negligent, willful or reckless acts or omissions of the
Proposer, its employees, or its Subcontractors.
11. NONDISCRIMINATION
11.1 Proposer shall, as a party to a public contract:
(a) Refrain from unlawful discrimination in employment and undertake affirmative
action to assure equality of employment opportunity and eliminate the effects of
past discrimination;
(b) By submission of this proposal, the Proposer certifies that he is an "equal
opportunity employer" as defined by Section 2000(e) of Chapter 21, Title 42, U.S.
Code Annotated and Executive Orders #11246 and#11375, which are incorporated
herein by reference. The Equal Opportunity clause, Section 6.1 of the Rules and
Regulations of the Department of Human Rights of the State of Illinois, is a
material part of any contract awarded on the basis of this proposal.
11.2 It is unlawful to discriminate on the basis of race, color, sex, national origin, ancestry, age,
marital status, physical or mental handicap or unfavorable discharge for military service.
Proposer shall comply with standards set forth in Title VII of the Civil Rights Act of 1964,
42 U.S.C. Secs. 2000 et seq., The Human Rights Act of the State of Illinois, 775 ILCS
511-101et. seq., and The Americans With Disabilities Act, 42 U.S.C. Secs. 12101 et. seq.
5
12. SEXUAL HARASSMENT POLICY
12.1 The proposer, as a party to a public contract, shall have a written sexual harassment policy
that:
12.1.1 Notes the illegality of sexual harassment;
12.1.2 Sets forth the State law definition of sexual harassment;
12.1.3 Describes sexual harassment utilizing examples;
12.1.4 Describes the Proposer's internal complaint process including penalties;
12.1.5 Describes the legal recourse, investigative and complaint process available through
the Illinois Department of Human Rights and the Human Rights Commission and
how to contact these entities; and
12.1.6 Describes the protection against retaliation afforded under the Illinois Human
Rights Act.
13. EQUAL EMPLOYMENT OPPORTUNITY
13.1 In the event of the Proposer's non-compliance with the provisions of this Equal
Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and
Regulations of the Illinois Department of Human Rights ("Department"), the Proposer
may be declared ineligible for future contracts or subcontracts with the State of Illinois or
any of its political subdivisions or municipal corporations, and the contract may be
canceled or voided in whole or in part, and such other sanctions or penalties may be
imposed or remedies invoked as provided by statute or regulation. During the
performance of this contract, the Proposer agrees as follows:
13.1.1 That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, marital status, national origin or ancestry, age,
physical or mental handicap unrelated to ability, sexual orientation, sexual identity
or an unfavorable discharge from military service; and further that it will examine
all job classifications to determine if minority persons or women are underutilized
and will take appropriate affirmative action to rectify any such underutilization.
13.1.2 That, if it hires additional employees in order to perform this contract or any
portion thereof, it will determine the availability(in accordance with the
Department's Rules and Regulations) of minorities and women in the area(s) from
which it may reasonably recruit and it will hire for each job classification for which
employees are hired in such a way that minorities and women are not underutilized.
13.1.3 That, in all solicitations or advertisements for employees placed by it or on its
behalf, it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, marital status, national origin or
ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable
discharge from military services.
13.1.4 That it will send to each labor organization or representative of workers with
which it has or is bound by a collective bargaining or other agreement or
understanding, a notice advising such labor organization or representative of the
Proposer's obligations under the Illinois Human Rights Act and the Department's
Rules and Regulations. If any such labor organization or representative fails or
6
refuses to cooperate with the Proposer in its efforts to comply with such Act and
Rules and Regulations, the Proposer will promptly so notify the Department and
the contracting agency and will recruit employees from other sources when
necessary to fulfill its obligations thereunder.
13.1.5 That it will submit reports as required by the Department's Rules and Regulations,
furnish all relevant information as may from time to time be requested by the
Department or the contracting agency, and in all respects comply with the Illinois
Human Rights Act and the Department's Rules and Regulations.
13.1.6 That it will permit access to all relevant books, records, accounts and work sites by
personnel of the contracting agency and the Department for purpose of
investigation to ascertain compliance with the Illinois Human Rights Act and the
Department's Rules and Regulations.
13.1.7 That it will include verbatim or by reference the provisions of this clause in every
subcontract it awards under which any portion of the contract obligations are
undertaken or assumed, so that such provisions will be binding upon such
subcontractor. In the same manner as with other provisions of this contract, the
Proposer will be liable for compliance with applicable provisions of this clause by
such subcontractors; and further it will promptly notify the contracting agency and
the Department in the event any subcontractor fails or refuses to comply therewith.
In addition, the Proposer will not utilize any subcontractor declared by the Illinois
Human Rights Commission to be ineligible for contracts or subcontracts with the
State of Illinois or any of its political subdivision or municipal corporations.
14. DRUG FREE WORK PLACE
14.1 Proposer, as a party to a public contract, certifies and agrees that it will provide a drug
free workplace by:
14.2 Publishing a statement: (1) Notifying employees that the unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance, including cannabis,
is prohibited in the City's or proposer's workplace. (2) Specifying the actions that will be
taken against employees for violations of such prohibition. (3) Notifying the employee
that, as a condition of employment on such contact or grant, the employee will: (A) abide
by the terms of the statement; and(B) notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace no later than five (5) days after such
conviction.
14.3 Establishing a drug free awareness program to inform employee's about: (1) the dangers
of drug abuse in the workplace; (2) the City's or proposer's policy of maintaining a drug
free workplace; (3) any available drug counseling, rehabilitation and employee assistance
programs; (4) the penalties that may be imposed upon employees for drug violations.
14.4 Providing a copy of the statement required above to each employee engaged in the
performance of the contract or grant and to post the statement in a prominent place in the
workplace.
14.5 Notifying the contracting or granting agency within ten(10) days after receiving notice of
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any criminal drug statute conviction for a violation occurring in the workplace no later
than five (5) days after such conviction from an employee or otherwise receiving actual
notice of such conviction.
14.6 Imposing a sanction on, or requiring the satisfactory participation in a drug abuse
assistance or rehabilitation program by any employee who is so convicted as required by
section 5 of the Drug Free Workplace Act.
14.7 Assisting employees in selecting a course of action in the event drug counseling, treatment
and rehabilitation is required and indicating that a trained referral team is in place.
14.8 Making a good faith effort to continue to maintain a drug free workplace through
implementation of the Drug Free Workplace Act.
15. PREVAILING WAGE ACT
15.1 Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq.,
for all work completed under this contract. Proposer agrees to pay the prevailing wage
and require that all of its subcontractors pay prevailing wage to any laborers, workers or
mechanics who perform work pursuant to this contract or related subcontract.
15.2 Proposer and each subcontractor shall keep or cause to be kept an accurate record of
names, occupations and actual wages paid to each laborer, workman and mechanic
employed by the Proposer in connection with the contract. This record shall be open to
inspection at all reasonable hours by any representative of the City or the Illinois
Department of labor and must be preserved for four(4) years following completion of the
contract.
16. INSURANCE REQUIREMENTS—
16.1 Prior to the beginning of the contract period, Contractor and any Subcontractors shall
procure, maintain and pay for such insurance as will protect against claims for bodily
injury of death, or for damage to property, including loss of use, which may arise out of
operations by the Contractor or Subcontractor or any Sub-Sub Contractor or by anyone
employed by any of them, or by anyone for whose acts any of them may be liable. Such
insurance shall not be less than the greater of coverages and limits of liability specified
below or any coverages and limits of liability specified in the Contract Documents or
coverages and limits required by law unless otherwise agreed to by the City.
Workers Compensation $500,000 Statutory
Employers Liability $1,000,000 Each Accident
$1,000,000 Disease Policy Limit
$1,000,000 Disease Each Employee
Comprehensive General Liability $2,000,000 Each Occurrence
$2,000,000 Aggregate
(Applicable on a
Per Project Basis)
8
Commercial Automobile $1,000,000 Each Accident
Liability
Umbrella Liability $ 5,000,000
16.2 Commercial General Liability Insurance required under this paragraph shall be written on
an occurrence form and shall include coverage for Products/Completed Operations,
Personal Injury with Employment Exclusion(if any) deleted, Blanket XCU and Blanket
Contractual Liability insurance applicable to defense and indemnity obligations and other
contractual indemnity assumed under the Contract Documents."
16.3 Comprehensive Automobile Liability Insurance required under this paragraph shall include
coverage for all owned, hired and non-owned automobiles.
16.4 Workers Compensation coverage shall include a waiver of subrogation against the City.
16.5 Comprehensive General Liability, Employers Liability and Commercial Automobile
Liability Insurance may be arranged under single policies for full minimum limits required,
or by a combination of underlying policies with the balance provided by Umbrella and/or
Excess Liability policies.
16.6 Contractor and all Subcontractors shall have their respective Comprehensive General
Liability(including products/completed operations coverage), Employers Liability,
Commercial Automobile Liability, and Umbrella/Excess Liability policies endorsed to add
the "City of Yorkville, its officers, officials, employees and volunteers" as "additional
insureds"with respect to liability arising out of operations performed; claims for bodily
injury or death brought against City by any Contractor of Subcontractor employees, or the
employees of Subcontractor's subcontractors of any tier, however caused, related to the
performance of operations under the Contract Documents. Such insurance afforded to the
City shall be endorsed to provide that the insurance provided under each policy shall be
Primary and Non-Contributory.
16.7 Contractor and all Subcontractors shall maintain in effect all insurance coverages required
by the Contract Documents at their sole expense and with insurance carriers licensed to do
business in the State of Illinois and having a current A. M. Best rating of no less than A-
VIII. In the event that the Contractor or any Subcontractor fails to procure or maintain
any insured required by the Contract Documents, the City may, at its option, purchase
such coverage and deduct the cost thereof from any monies due to the Contractor or
Subcontractor, or withhold funds in an amount sufficient to protect the City, or terminate
this Agreement pursuant to its terms.
16.8 All insurance policies shall contain a provision that coverages and limits afforded
hereunder shall not be canceled, materially changed, non-renewed or restrictive
modifications added, without thirty(30) days prior written notice to the City. Renewal
certificates shall be provided to the City not less than five (5) prior to the expiration date
of any of the required policies. All Certificates of Insurance shall be in a form acceptable
to City and shall provide satisfactory evidence of compliance with all insurance
requirements. The City shall not be obligated to review such certificates or other evidence
of insurance, or to advise Contractor or Subcontractor of any deficiencies in such
9
documents, and receipt thereof shall not relieve the Contractor or Subcontractor from, nor
be deemed a waiver the right to enforce the terms of the obligations hereunder. The City
shall have the right to examine any policy required and evidenced on the Certificate of
Insurance.
17. COPYRIGHT/PATENT INFRINGEMENT
17.1 The Proposer agrees to indemnify, defend, and hold harmless the City against any suit,
claim, or proceeding brought against the City for alleged use of any equipment, systems,
or services provided by the Proposer that constitutes a misuse of any proprietary or trade
secret information or an infringement of any patent or copyright.
18. COMPLIANCE WITH OSHA STANDARDS
18.1 Equipment supplied to the City must comply with all requirements and standards as
specified by the Occupational Safety and Health Act. All guards and protectors as well as
appropriate markings will be in place before delivery. Items not meeting any OSHA
specifications will be refused.
19. CERCLA INDEMNIFICATION
19.1 In the event this is a contract that has environment aspects, the Awarded Proposer shall,
to the maximum extent permitted by law, indemnify, defend, and hold harmless the City,
its officers, employees, agents, and attorneys from and against any and all liability,
including without limitation, costs of response, removal, remediation, investigation,
property damage, personal injury, damage to natural resources, health assessments, health
settlements, attorneys' fees, and other related transaction costs arising under the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of
1980, 42 U.S.C.A. Sec. 9601, et seq., as amended, and all other applicable statutes,
regulations, ordinances, and under common law for any release or threatened release of
the waste material collected by the Awarded Proposer, both before and after its disposal.
20. SUBLETTING OF CONTRACT
20.1 No contract awarded by the City shall be assigned or any part sub-contracted without the
written consent of the City Administrator. In no case shall such consent relieve the
Awarded Proposer from their obligation or change the terms of the contract.
21. TERM OF CONTRACT
21.1 This contract may be extended no more than twice for subsequent annual periods (two
annual extensions) by mutual agreement of both parties, providing such agreement
complies with City purchasing policies and the availability of funds. However, if this
contract is not one that is subject to extension, such information will be available in the
detailed specifications or special conditions section, supra.
22. TERMINATION OF CONTRACT
22.1 The City reserves the right to terminate the whole or any part of this contract, upon ten
(10) days' written notice to the Awarded Proposer, in the event of default by the Awarded
Proposer. Default is defined as failure of the Awarded Proposer to perform any of the
provisions of this contract or failure to make sufficient progress so as to endanger
performance of this contract in accordance with its terms. In the event that the Awarded
Proposer fails to cure the default upon notice, and the City declares default and
termination, the City may procure, upon such terms and in such manner as the City may
10
deem appropriate, supplies or services similar to those so terminated. The Awarded
Proposer shall be liable for any excess costs for such similar supplies or services unless
acceptable evidence is submitted to the City that failure to perform the contract was due
to causes beyond the control and without the fault or negligence of the Awarded
Proposer. Any such excess costs incurred by the City may be set-off against any monies
due and owing by the City to the Awarded Proposer.
23. BILLING & PAYMENT PROCEDURES
23.1 Payment will be made upon receipt of an invoice. Once an invoice has been verified, the
invoice will be processed for payment in accordance with the City payment schedule,
policy and procedures.
23.2 The City shall review in a timely manner each bill or invoice after its receipt. If the City
determines that the bill or invoice contains a defect making it unable to process the
payment request, the City shall notify the Proposer requesting payment as soon as possible
after discovering the defect pursuant to rules promulgated under 50 ILCS 50511 et seq.
The notice shall identify the defect and any additional information necessary to correct the
defect.
23.3 Please send all invoices to the attention of City of Yorkville, Accounts Payable, 800 Game
Farm Road, Yorkville, IL 60560.
24. RELATIONSHIP BETWEEN THE PROPOSER AND THE CITY
24.1 The relationship between the City and the Proposer is that of a buyer and seller of
professional services and it is understood that the parties have not entered into any joint
venture or partnership with the other.
25. STANDARD OF CARE
25.1. Services performed by Proposer under this Agreement will be conducted in a manner
consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing in the same locality under similar conditions. No other
representations express or implied, and no warranty or guarantee is included or intended in
this Agreement, or in any report, opinions, and documents or otherwise.
25.2 If the Proposer fails to meet the foregoing standard, Proposer will perform at its own cost,
and without reimbursement from the City, the professional services necessary to correct
errors and omissions caused by Proposer's failure to comply with the above standard and
reported to Proposer within one (1) year from the completion of Proposer's services for
the Project.
26. GOVERNING LAW
26.1 This Agreement will be governed by and construed in accordance with the laws of the
State of Illinois without regard for the conflict of laws provisions. Venue is proper only in
the County of Kendall and the Northern District of Illinois.
27. SUCCESSORS AND ASSIGNS
27.1 The terms of this Agreement will be binding upon and inure to the benefit of the parties
11
and their respective successors and assigns;provided, however, that neither party will
assign this Agreement in whole or in part without the prior written approval of the other.
The Proposer will provide a list of key staff, titles, responsibilities, and contact information
to include all expected sub Proposers.
28. WAIVER OF CONTRACT BREACH
28.1 The waiver by one party of any breach of this Agreement or the failure of one party to
enforce at any time, or for any period of time, any of the provisions hereof will be limited
to the particular instance and will not operate or be deemed to waive any future breaches
of this Agreement and will not be construed to be a waiver of any provision except for the
particular instance.
29. AMENDMENT
29.1 This Agreement will not be subject to amendment unless made in writing and signed by all
parties.
30. CHANGE ORDERS
30.1 The contract price is a"not-to-exceed" cost. At any time additional work is necessary or
requested, and the not-to-exceed price is increased thereby, any change, addition or price
increase must be agreed to in writing by all parties. The appropriate authorizing signature
for the City is the City Administrator.
31. SEVERABILITY OF INVALID PROVISIONS
31.1 If any provisions of this Agreement are held to contravene or be invalid under the laws of
any state, country or jurisdiction, contravention will not invalidate the entire Agreement,
but it will be construed as if not containing the invalid provision and the rights or
obligations of the parties will be construed and enforced accordingly.
32. NOTICE
32.1 Any notice will be in writing and will be deemed to be effectively served when deposited
in the mail with sufficient first class postage affixed, and addressed to the party at the
party's place of business. Notices shall be addressed to the City as follows:
City Administrator
City of Yorkville
800 Game Farm Road.
Yorkville, IL 60560
And to the Proposer as designated in the Contract Form.
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III. DETAILED SPECIFICATIONS
33. DEFINITIONS
33.1 For the purpose of the Contract, definitions of certain terms are listed below. Certain
words or phrases, when used in the Contract shall have the same meaning given to them in
this section. Other terms shall be defined within applicable subsections.
Attached Single-Family Dwelling (Group, ROW, Townhouse) A building originally
designed and constructed to accommodate two (2) or more dwelling units, with dwelling
units joined together by party wall or walls and being not more than two (2) stories in
height. Each unit shall have its own ground floor entrance and living space.
Biodegradable shall mean chemically structured material that decomposes rapidly
primarily through the action of living soil-borne microorganisms (bacteria, fungi, and
actinomycetes) or macro-organisms (crickets, slugs, snowbugs, millipedes, etc.).
Brown Kraft 2-Ply Paper Bags shall mean a two-layer brown product container
comprised of kraft paper most often used to contain groceries.
Chipboard shall mean a single-layer cardboard used for packaging cereal, crackers,
tissues, and other similar products.
Compost(ing) shall mean the process by which aerobic microorganisms decompose
organic matter into a humus-like product.
Contract shall mean the agreement created by and consisting of the Contract Documents.
Contract Documents shall include the Request for Proposals, Terms and Conditions,
Detail Specifications and the Proposal/Contract Form.
Contractor shall mean the firm with which the City has executed the Contract for Solid
Waste Collection and Disposal Services
Corrugated Cardboard shall mean a sturdy paper product commonly used as a
packaging consisting of two paper grades—a wavy inner portion and an outside liner.
Curbside shall mean adjacent to the street pavement, alley pavement and gutter and
within five feet thereof.
Customer shall mean the resident party, property owner of a dwelling unit in Yorkville
corporate boundaries participating in the scavenger collection service.
Day shall mean Calendar Day unless otherwise stated.
Detached Dwelling A single-family dwelling entirely surrounded by open space.
Disposal Unit shall have different meanings as follows: For the purposes of refuse
collection, a"disposal unit" shall mean one (1) 64-gallon, 33-gallon, or 96-gallon tote or
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one (1) water-tight metal, or plastic reusable waste container, no larger than thirty-two
(32) or thirty-three (33) gallons in capacity, containing refuse, yard-waste or household
construction and demolition debris as herein defined; or a securely tied, bundle of refuse
or debris which is not placed in a container that does not exceed three (3) feet in diameter,
six(6) feet in length, and fifty(50) pounds in weight, or one (1) single miscellaneous or
odd-shaped item of refuse or debris that does not exceed fifty(50) pounds in weight. A
large household item, as herein defined, is to be considered a disposal unit. Household
construction and demolition debris, as is herein defined, is to be considered a disposal
unit. For the purpose of yard-waste collection, a"disposal unit" shall mean a
biodegradable two-ply fifty(50) pound wet-strength kraft paper bag designed for yard-
waste collection, not to exceed thirty-three (33) gallons in capacity and fifty(50) pounds
in weight, containing "yard-waste" as herein defined, or securely tied, bundles of brush or
branches using biodegradable cord, string, rope or twine that does not exceed fifty(50)
pounds in weight, two (2) feet in diameter, and four(4) feet in length and is manageable
by one (1) person. For purpose of recycling collection, a"disposal unit" shall mean one
(1) 64 gallon, 33 gallon, or 96 gallon tote.
Envelope shall mean a flat, folded paper container for a letter or smaller object.
Frozen Food Packages shall mean paperboard containers with special coatings to prevent
tearing of the packages or smearing of the ink from moisture when refrigerated or frozen.
Garbage or Rubbish shall mean discarded materials resulting from the handling,
cooking, spoilage, and leftovers of food, discarded food or food residues, and paper
necessarily used for wrapping same, and all types and kinds of waste materials from
housekeeping activities, including, but not limited to ashes, metal cans bottles, books,
glass, plastic, newspapers, boxes, cartons, and small amounts of earth, rock or sod, small
automobile parts and building materials waste from residential type do-it-yourself projects
provided that all such materials are of a size sufficiently small to permit being placed in an
approved refuse container, except those items which are banned from direct disposal into
a landfill.
HDPE shall mean high-density polyethylene.
Household Construction and Demolition Debris shall mean waste materials from
interior and exterior household construction, remodeling and repair projects, including but
not limited to: drywall, plywood and paneling pieces, lumber and other building materials;
windows and doors, cabinets, carpeting, disassembled bathroom and kitchen fixtures; and
small amounts of sod, earth, clay, sand, concrete, rocks and similar materials. Such debris
shall conform to the following: loose small items shall be placed in suitable disposable
containers not exceeding fifty(50) pounds in weight, or in bundles not exceeding two (2)
feet in diameter, four(4) feet in length, and fifty(50) pounds in weight.
Household Garbage shall mean garbage and rubbish as collected from the residents of
the City of Yorkville currently receiving curbside scavenger service or on-site dumpster
service.
Household Garbage—Large Items shall mean any items set forth under"Garbage and
Rubbish" above if such item is too large to fit in an approved Disposal Unit including, but
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not limited to boxes, barrels, crates, furniture, refrigerators, carpets, mattresses, box
springs, hot water heaters, stoves and other household appliances, except those items
which are banned from direct disposal into a landfill.
Household Garbage—Large Items shall not include waste from manufacturing processes,
construction materials, broken concrete, lumber, large rocks, automobile parts other than
tires or dangerous substances which may create a danger to the health, safety, comfort or
welfare of the residents of the City of Yorkville or items which are banned from direct
disposal into a landfill.
Industrial Wastes shall mean any and all debris and waste products generated by
canning, manufacturing, food processing, restaurant, land clearing, building construction
or alteration and public works type construction projects whether performed by a
governmental unit or by Contract.
Juice Boxes shall mean aseptic cartons consisting of a high-grade paperboard coated with
polyethylene plastic and aluminum foil, excluding milk cartons.
Junk Mail shall mean brochures, advertisements, flyers, post cards, greeting cards,
window envelopes, and other similar correspondence.
Landscape Sticker(also referred to as Yard-waste Sticker) shall mean a special
biodegradable sticker with glue that adheres to plastic and paper during weather extremes
provided by the Contractor to retailers for sale to the public wherein the purchase price
includes the Contractor's total collection, processing, and sale/disposal costs for
Landscape Waste.
Landscape Waste (also referred to as Yard-waste) shall mean hard landscape waste and
soft landscape waste.
Large Household Item (also known as "Bulk Item"), shall mean any discarded and
unwanted large household appliance such as freezers, stoves, trash compactors, washers,
dryers, dishwasher, humidifiers, dehumidifiers, microwaves, water softeners, televisions,
pianos, organs, tables, chairs, mattresses, box springs, bookcases, sofas and similar
furniture. All"white goods" including those containing CFC's (chlorofluorocarbons),
switches containing mercury, and PCB's (polychlorinated biphenyls) shall all fit into this
definition.
LDPE shall mean low density polyethylene.
Magazines shall mean periodical publications, usually glue bound.
Mixed Papers shall mean stationary, various office papers such as; computer paper, xerox
paper, note paper, letterhead, and other similar papers.
Multiple-Family Dwelling A dwelling containing three (3) or more dwelling units, with
one or both of the following: (a) More than one (1) dwelling unit connecting to a common
corridor or entrance-way; or, (b) Dwelling unit vertically connected to neighboring
dwelling units through shared floors and ceilings.
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PET shall mean polyethylene terephthalate.
Performance Bond shall mean the form of security approved by the City and furnished by
the Contractor as a guarantee that the Contractor will execute the work in accordance
with the terms of the Contract and will pay all lawful claims.
Processing Center shall mean a location to be maintained or utilized by the Contractor
for the purpose of sorting, preparing, and marketing of recyclable materials.
Properly-Prepared shall mean materials prepared according to the disposal program
restrictions for refuse, yard-waste, and recycling.
Processing Costs shall mean all reasonable costs incurred by the Contractor with respect
to the collection of recyclables from residents currently receiving curbside scavenger
services.
Public Awareness Program shall mean a program developed and provided by the
Contractor and the City to inform and encourage residents to use the recycling collection
services and other waste collection and disposal services of the City.
Recyclables or Recyclable Material(s) shall mean, at a minimum, those materials listed on
Appendix 2.
Recycling shall mean the use, collection, and remanufacture of secondary materials as
feedstock for the production of new materials or products.
Recycling Containers (bins) shall mean a 64 gallon tote, or a 33-gallon or 94-gallon tote
if so acquired by the customer in the manner prescribed in the recycling collection
program
Refuse shall mean all discarded and unwanted household and kitchen wastes, including
but not limited to: food, food residues, and materials necessarily used for packaging,
storing, preparing and consuming same, usually defined as "garbage"; and all combustible
and non-combustible waste materials resulting from routine domestic housekeeping,
including but not limited to: aluminum and steel cans, glass containers, plastic containers,
crockery and other containers, metal, paper(of all types), including newspapers, books,
magazines, catalogs, boxes and cartons, cold ashes, furniture, furnishings and fixtures,
household appliances (all kinds), textiles and leathers, toys and recreational equipment and
similar items. For the purposes of this Agreement, the terms "garbage", "refuse",
"rubbish", and"waste" shall be synonymous unless otherwise more specifically defined
(for example: "yard-waste").
Refuse Sticker shall mean a biodegradable paper stamped with the City name and the
Contractor's name and telephone number providing the solid waste services for the City.
The sticker shall represent proof of payment for collection and disposal services to be
rendered by the Contractor.
Residence shall mean all attached single family and detached single family dwelling.
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Single-Family Dwelling A detached dwelling containing accommodations for and
occupied by one (1) family only.
Specifications shall mean specifications identified in the Contract.
Tote (also referred to as a Toter) A plastic wheeled container in size of 64 gallon, 33
gallon, or 96 gallon with tight-fitting cover, requiring semi-automatic lifting mechanism
for collection.
Waste shall mean refuse, recyclables, yard or landscape waste and white goods.
Wet-strength Carrier Stock shall mean rectangular-shaped paperboard containers with
special coatings to prevent tearing of the containers or smearing of the ink from moisture
when refrigerated.
White Goods shall mean refrigerators, ranges or stoves (electric or gas), freezers, room
air conditioners, water heaters and other similar domestic large appliances.
Yard-waste container/unit shall mean a container or unit and may be a kraft paper bag
not exceeding thirty(34) gallons of capacity weighing up to fifty(50) pounds. The kraft
paper bag shall be of the type specifically intended for landscape waste, being specifically
biodegradable and not chemically treated; or a waste container(excluding plastic bags)
not exceeding thirty-four(34) gallons of capacity weighing up to fifty(50) pounds; or
bundles of hard landscape waste not exceeding two (2) feet in diameter and four(4) feet
in length weighing up to fifty(50) pounds. Said bundle to be securely tied with
biodegradable natural fiber twine. Securing with plastic or wire is prohibited.
Yard-waste (also known as "landscape waste") shall mean grass clippings, leaves,
branches and brush, other yard and garden trimmings, vines, garden plants and flowers,
weeds, tree droppings (for example: pine cones and crabapples), and other similar organic
waste materials accumulated as the result of the cultivation and maintenance of lawns,
shrubbery, vines, trees and gardens. Sod, dirt, Christmas trees, and greenery from
wreathes and garlands shall not be considered yard-waste and shall be disposed of as
refuse, unless the composting facility will accept it.
34. DESCRIPTION OF THE CITY'S SOLID WASTE PROGRAM
34.1 Refuse, yard-waste, and curbside recycling services are provided to residences located
within the City on a once-per-week basis. For purposes of this proposal, the City is
requiring one bid for each of two different solid waste programs. The first program,
herein referenced as "Program A", being a modified volume based program, based on a
monthly fee for pickup of all refuse, consisting of one-64 gallon tote, and a $1 charge for
each refuse disposal unit beyond the 64-gallon tote, unlimited yard waste, and unlimited
recycling. As part of Program A, the Contractor will supply the customer with a 64-gallon
refuse tote and a 64-gallon recycling tote, and will provide a quote for cost to be charged
to a customer to downsize or upsize to a 33 gallon tote or a 96 gallon tote for either the
recycling or refuse program. The second program, herein referenced as "Program B",
being the same as Program A, except that the sticker and $1 fee shall be administered,
sold, and all revenue realized by the City as outlined below in Section 37.1 and 37.2.
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34. 2 BULK ITEMS, as herein defined, are considered subject to collection by the
CONTRACTOR, according to the terms and definitions of this contract. The
CONTRACTOR will make available the collection of(1) one bulk item per week from
residential UNITS at no additional cost to the resident. Individual residents will be
responsible to contact CONTRACTOR and make arrangements for collection of
additional BULK ITEMS on an individual basis. Residents with additional material or
home improvement projects may contract separately with the CONTRACTOR. The
CONTRACTOR will make available 6, 10, 15, 20, and 30 cubic yard containers for this
purpose.
34.3 Yard-waste collection shall begin each year on the 1St collection day in April and end the
last collection day in November.
35. SCOPE OF WORK
35.1 The Contractor shall be responsible for performing all work as outlined in the
specifications herein and shall provide and furnish all labor, materials, equipment and
supplies, vehicles, transportation services, and landfill and compost facility space required
to perform and complete the collection and disposal of refuse and yard waste. The
Contractor shall also make necessary arrangements with processors required to perform
and complete the collection and marketing of recyclables.
35.2 The collection of refuse, yard waste, and recyclable materials shall be a joint program
awarded to one firm and cannot be quoted or operated as separate programs.
36. COLLECTION UNITS
36.1 The base unit of service shall be known as a"Collection Unit or Stop". The Contractor
shall collect, remove and dispose from every residential building unit, as defined herein, in
the City of Yorkville, all refuse, yard-waste and curbside recyclables that may be set out
for collection one (1) time each week.
37. GARBAGE AND REFUSE COLLECTION; PREPARATION AND PLACEMENT
OF DISPOSAL UNITS
37.1 The CONTRACTOR agrees to provide, at its own expense, one 64-gallon tote to each
single-family residence in the City of Yorkville for the purposes of garbage collection. The
contractor will provide a quote for cost to be charged to a customer to downsize or
upsize to a 33 gallon tote or a 96 gallon tote for the refuse program. The carts will
remain the property of the CONTRACTOR and the CONTRACTOR will be responsible
for replacement of carts that become worn or damaged through normal usage.
37.2 The CONTRACTOR shall provide weekly collection of garbage and refuse for all
occupied UNITS within the CITY. All GARBAGE and REFUSE as herein defined that is
designated for collection and disposal hereunder must be placed in the provided carts.
37.3 For Program A and Program B, additional refuse material may be placed in covered
cans or containers not to exceed thirty-three (33) gallons in capacity with a maximum
weight for any one container and its contents not to exceed fifty(50) pounds. The
minimum can or container shall not be less than fifteen(15) gallons. Heavy duty bags
which are securely fastened shall be considered proper containers so long as they do not
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exceed thirty-three (33) gallons capacity and are fifty(50) pounds or less in weight. Cans,
containers, and/or heavy duty bags must be placed at the curb or roadway or in the alley
(if designed by the CONTRACTOR). A $1 prepaid sticker must be attached to each bag
or can in excess of the provided cart prior to collection by the CONTRACTOR.
37.4 All residences receiving the aforementioned services shall be required to prepare all
materials for collection and/or disposal into proper"disposal units". The Contractor will
be required to collect only properly prepared disposal units. Residents will be allowed to
place unlimited amounts of disposal units at the curb for collection and disposal provided
that a disposal sticker has been attached to each unit above and beyond the disposal units
covered in the monthly fee.
37.5 Properly prepared refuse shall be placed as close to the roadway as practicable without
interfering with or endangering the movement of vehicles or pedestrians or snow plowing
operations. The Contractor shall return all containers at each pick-up location to the
curbside or adjacent to the right-of-way of paved or traveled City roadways. Containers
will be placed, not thrown, and securely placed in such a manner that they are not left
lying on their sides or in a manner that would allow roadway interference of vehicle and/or
pedestrian traffic. Any contents spilled on the parkways, premises, or streets are to be
cleaned up in a workmanlike manner.
38. ACCEPTABLE/UNACCEPTABLE MATERIAL
38.1. UNACCEPTABLE MATERIAL: The Contractor shall refuse to accept for regular
collection: hazardous waste materials, radioactive materials, poisons, liquid waste, paint
or similar products, acids, used motor oils, or any other material that the Contractor is
legally unable to accept.
38.2 ACCEPTABLE MATERIAL: All refuse normally produced by residential properties shall
be accepted for regular collection including but not necessarily limited to: bulk items,
household fixtures, appliances, furniture and yard-waste.
39. EXAMINATION OF SERVICE AREA
39.1 It is the responsibility of the Contractor to be completely informed of all conditions under
which service is to be performed, the service area, and all other relevant matters pertaining
to the collection services as specified herein, including, but not limited to, type of housing,
population density, roads, traffic patterns, required collection procedure, labor
requirements, and any other factor which would effect the execution and/or completion of
the work covered by the RFP document.
40. ALTERNATIVES AND DEVIATIONS
40.1 The specifications included in this package describe existing services which the City
believes are necessary to meet performance requirements of the City and shall be
considered the minimum standards expected of the Contractor.
40.2 Other alternatives from the specifications in Section III may be indicated if the proposed
alternatives are equal to or greater than what is required by these specifications. All
alternatives shall be separately listed, and a justification for each shall be stated. The
Contractor shall use Appendix 3, Schedule of Alternatives and Deviations, for listing other
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alternatives.
40.3 If the Contractor is unable to meet any of the specifications as outlined herein, it shall also
separately list all requested deviations from the specifications, with justifications attached
for each deviation. The Contractor shall use Appendix 3, Schedule of Alternatives and
Deviations, for listing proposed deviations.
40.4 If the Contractor does not indicate alternatives to or deviations from the specifications, the
City shall assume it is able to fully comply with these specifications. The City shall be the
sole and final judge of compliance with all specifications.
40.5 The City further reserves the right to determine the acceptability or unacceptability of any
and all alternatives or deviations The City shall also be the sole and final judge as to
whether any alternative or deviation is of an equivalent or better quality of service.
41 CHRISTMAS TREE COLLECTION
41.1 The Contractor will provide curbside collection service of live Christmas trees two (2)
weeks during the 1' and 2nd full week in January each contract year. It will be the
responsibility of the Contractor to either recycle or correctly dispose of live Christmas
trees. There will be no cost to the City of Yorkville for this service. The Contractor and
the City will work together to educate the public with respect to the condition of the trees
before they will be collected. Christmas trees will be accepted provided they are free of
all ornamentation, including tinsel, garland and lights. If disposable tree bags are used, a
refuse sticker must be affixed to the plastic bag. Christmas trees placed at the curb during
the two-week special collection period shall be recycled. Recycling shall consist of taking
the Christmas trees to a compost site to be chipped, mulched or composted. The
Contractor shall provide the name and location of the compost site in accordance with
Appendix 6.
42. YARD-WASTE/BUNDLED BRUSH COLLECTION
42.1 As a part of yard-waste collection, all eligible households located within the City's
corporate boundaries shall be provided weekly yard-waste and bundled brush collection in
an unlimited amount. All yard waste materials must be placed in"Kraft"paper bags
designed and sold specifically for the collection and disposal of yard waste. All bundled
brush must not exceed four(4) foot length, with each individual bundle not to exceed
excess weight of fifty(50) pounds. Resident customers placing bundled brush out for
collection will be required to bundle brush with biodegradable natural fiber twine (plastic
or wire is prohibited). Bundled brush will be collected on regular refuse service days
during the yearly period of time established, (April 1 st through the last collection day in
November).
43. RECYCLABLE MATERIAL PROGRAM
43.1 The CONTRACTOR agrees to provide, at its own expense, one 64-gallon tote to each
single-family residence in the City of Yorkville for the purposes of recycling collection.
Contractor will provide a quote for cost to be charged to a customer to downsize or
upsize to a 33 gallon tote or a 96 gallon tote for the recycling program. The carts will
remain the property of the CONTRACTOR and the CONTRACTOR will be responsible
for replacement of carts that become worn or damaged through normal usage.
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United City of Yorkville
43.2 The City of Yorkville's recyclable material program shall remain voluntary on the part of
any person receiving residential scavenger service as covered under this contract. The
Contractor shall, however, provide for the collection and disposal of all recyclable material
placed for collection in accordance with the terms of this Contract. The Contractor shall
provide for the collection and disposal of recyclable material at no additional cost to
customers receiving residential scavenger service as covered under this contract. The cost
of recycling collection and disposal services has been built into the rates and charges
otherwise provided for in the Contract for collection of refuse and yard-waste. All
revenue collected from the sale of recyclable material shall be the property of the
Contractor. The Contractor shall have representatives available to participate in
community-sponsored events promoting environmental awareness.
43.3 The method in which the recyclables are to be generally sorted for collection by the
household shall be commingled within the recycling container(s).
43.4 The Contractor shall specify the manner in which the recyclables are to be collected and
sorted by the Contractor at the curbside; i.e. curb-sort, sorting at an intermediate
processing facility, and the like. The Contractor will be responsible for cleaning up any
material that has spilled as a result of the collection process.
43.5 The Contractor shall allow for a tagging system for recyclables not collected and must
provide a simple explanation as to why the recyclable material(s) were not picked up,
including, but not limited to, the following: contaminants, improper preparation; materials
not accepted in program: refuse and/or yard-waste mixed with recyclables; or some
combination thereof. The Contractor shall submit an example of the tagging system to be
used. Recyclable materials that were rejected shall be returned to the container and not
left on the street or parkway areas.
43.6 The Contractor shall purchase and maintain a reasonable supply of recycling totes, for
residential scavenger service to cover replacement for lost, damaged and stolen
containers, and for customers desiring additional recycling capacity. The City reserves the
right to approve the type of containers purchased by the Contractor.
43.7 The Contractor shall pick up all recyclable material placed in the recycling existing 64
gallon totes, or the recycling containers supplied by the Contractor, or any other recycling
containers used by the customer. If, for operational purposes, the Contractor has
difficulty identifying recycling containers used for recycling purposes, the Contractor shall
provide free of charge, a recycling sticker or other identification mechanism to be placed
on the various recycling containers used for collection of recyclable material.
43.8 The Contractor shall provide the name and location of the processing facility, as well as
the proposed buyer/market for recyclable materials as set forth in Appendix 6. In the
event that an alternative site is preferred by the City, the Contractor shall use the
alternative site location provided that any changes in the costs for collection and
processing created by the use of such site will be negotiated between the City and the
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United City of Yorkville
Contractor prior to its use.
43.9 The City reserves the right to accept or reject any or all suggested categories, which may
be offered for collection in the residential recycling program. The City also reserves the
right to phase in at a later date, any material(s) which the Contractor has indicated an
ability to collect but which the City has determined not to add to the collection program,
or to phase in any material(s) that the Contractor may not presently offer but will be able
to offer sometime during the term of the Contract. The basis for determining cost of
adding materials at a later date will be based on evidence supplied by the Contractor
specifically justifying additional cost due to collection, administration, profit, and
processing (minus revenue) only.
44. AMNESTY DAY
44.1 The CONTRACTOR shall provide for a spring and fall curbside collection of additional
refuse and bulk items as defined herein, on a date(s) that is mutually agreed upon between
the CONTRACTOR and the CITY. In addition, the CONTRACTOR will collect WHITE
GOODS and up to 4 automobile tires during the scheduled Amnesty Day. All rims must
be removed from the tires prior to collection. There shall be no additional charge to the
residents for the clean up and additional BULK ITEMS and WHITE GOODS that will be
accepted during the designated clean-up week and stickers will not be required.
45. COLLECTION FROM CITY-OWNED FACILITIES
45.1 At no additional cost, the Contractor shall collect, transport, and dispose of all refuse,
yard-waste and recyclables from all City-owned facilities as set forth in Exhibit B. The
Contractor shall furnish, at no additional cost to the City, at each municipal building
served, containers for refuse, yard-waste and recyclables as requested by the City's
Designated Representative, with the size to be agreed upon. The City reserves the right
to request such containers, in addition to, or increase the size of normal containers, on a
permanent or temporary basis. If requested by the City, any and all containers fumished
by the Contractor shall be equipped with non-removable hinged covers or lids. Collection
and disposal services by the Contractor will be as often as necessary each week, as set
forth in Exhibit B.
46. STICKER DESIGN AND DISTRIBUTION—Program A
46.1 The City has the sole authority to approve or disapprove the design and construction of
the Contractor's stickers. Stickers must be of an approved color, which should be clearly
visible at dawn or at dusk by drivers, and which said color should be changed periodically
to prevent counterfeiting. The paper used shall be biodegradable and shall contain glue
backing that will adhere in sub-zero temperatures as well as in extreme heat. The stickers
shall contain the Contractor's name and telephone number, state the City of Yorkville title
and be consecutively numbered for record keeping and balancing purposes. The
Contractor will deliver stickers to retail outlets and the City upon request.
46.2 The Contractor shall be responsible for the printing, distribution, and sale of an ample and
always available supply of waste stickers. The Contractor shall arrange for local retail
outlets to aid in the sale of the stickers. The City also may act as a disposal sticker retailer
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United City of Yorkville
for the Contractor.
47. STICKER DESIGN AND DISTRIBUTION—Program B
47.1 The City has the sole authority to approve or disapprove the design and construction of
the refuse stickers. Stickers must be of an approved color, which should be clearly visible
at dawn or at dusk by drivers, and which said color should be changed periodically to
prevent counterfeiting. The paper used shall be biodegradable and shall contain glue
backing that will adhere in sub-zero temperatures as well as in extreme heat. The stickers
shall contain the City's name and telephone number and be consecutively numbered for
record keeping and balancing purposes. The Contractor will deliver stickers to retail
outlets upon City request.
47.2 The Contractor shall be responsible for the printing and distribution to the City of an
ample and always available supply of waste stickers. The City shall realize all revenue
from sticker sales.
48. BILLING PROCEDURES
48.1 The CONTRACTOR shall bill the City for all serviced UNITS within the City. The City
shall provide the contractor with the number of occupied UNITS within the City on a
monthly basis.
49. MONTHLY REPORTING
49.1 The Contractor shall prepare and submit to the City a monthly refuse, yard-waste and
recycling material report, due by the 25th of the following month. The report shall include
the following information for all residential scavenger service covered under this contract:
49.2 Refuse - Total weight in tons and total volume in compacted cubic yards of refuse land-
filled each month;Number of white goods collected each month; Tipping fee charge per
ton at the landfill site;Name and location of the landfill facility and/or transfer station used
by the Contractor; and, Copy of all complaints filed by the City of Yorkville customers
during the month.
49.3 Yard-waste - Total volume, in compacted cubic yards, of yard-waste collected; Tipping
fee charge per compacted cubic yard at the compost facility;Name and location of the
compost facility used by the Contractor; and, Copy of all complaints filed by the City of
Yorkville customers during the month.
49.4 Recyclable Material- Weekly set-out rate; Monthly participation rate (total number of set-
outs divided by the number of homes/dwelling units included in the collection service);
Total weight, in pounds, of recyclable materials collected; Revenue received by the
Contractor for the sale of recyclables; Tipping fee savings (total weight of recyclable
materials collected in tons multiplied by the tipping fee charge per ton at the landfill site);
Name and location of processing facility used by the Contractor; and, Copy of all
complaints filed by the City of Yorkville customers during the month.
50. CONSUMER EDUCATION
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United City of Yorkville
50.1 Upon request, the Contractor agrees to provide City residents with such educational
materials as the City deems necessary. Educational materials may include notices to be
left at resident's property as well as literature describing in detail the refuse, recycling and
yard-waste collection program. There shall be no cost to the City or its residents for the
printing and distribution of any consumer education materials.
51. TITLE TO WASTES
51.1 All refuse, yard-waste, and curbside recyclables collected shall belong to the Contractor as
soon as the same is placed in the Contractor's vehicle.
52. DISPOSAL
52.1 All refuse and yard-waste collected shall be removed from the City by the Contractor as
soon as it has been collected; but in any event, not later than noon of the date following
collection, and shall not be disposed of in violation of any state, federal or county laws or
regulations.
53. RATES AND SPECIAL RATES
53.1 For any services required to be performed under this Contract, the charge shall not exceed
the rates as fixed by the Contract and set forth in Appendix 1 attached hereto and made a
part hereof. For items not otherwise provided for by the Contract document, and
requiring special handling due to size, weight, type of material or method of placement,
the charges are to be negotiated between the Contractor and the resident customer for
collection and disposal into a landfill or processing facility.
54. SPECIAL & EMERGENCY COLLECTIONS
54.1 The Contractor shall offer special curbside collection service for large quantities of refuse
including, but not limited to, construction and demolition debris, and move-in or move-
out clean-up rubbish. Such services shall be an advance arrangement with the Contractor
at the resident customer request. The collection cost for such services shall be based upon
cubic yards and the resident customer shall make payment directly to the Contractor. The
Contractor agrees to provide free dumpsters (sizes 1 yard through 30 yard as requested by
the City) for refuse and recycling collection during the City's annual Hometown Days, 4th
of July Parade and celebration in the park, and other special events which were provided
service under the previous contract. The City and the Contractor may mutually agree to
emergency pick-up services for disasters including, but not limited to, flood, wind and
snow
55. SCHEDULE AND TIME OF COLLECTIONS
55.1 The City of Yorkville shall be divided into collection areas and a regular weekday
collection shall be assigned to each area. A map of the City of Yorkville, designating
collection areas shall be made a part of this contract and attached hereto as Exhibit A.
55.2 The schedule shall not be changed without first obtaining consent from the City
Administrator or designee, and not without giving a minimum of thirty(30) days written
notice to all parties affected by the change. The City may, at its discretion, waive the
minimum time limits required. This waiver must be in writing and signed by the City
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United City of Yorkville
designee. The Contractor will be required to publish an advertisement twice per week in
two separate weekly issues of the local newspapers, no earlier than 60 days prior to the
change, with the last advertisement to be no later than fifteen(15) days prior to the
schedule change. Failure of the Contractor to maintain said collection schedule shall be
considered a breach and default of the contract and grounds for immediate termination of
the contract.
55.3 In no case shall collection commence prior to 6:00 a.m. or continue past 7:00 p.m. on any
day during the term of the contract. The collection schedule shall not include Saturday or
Sunday as a regular collection day for any area in the City.
56. HOLIDAYS
56.1 Collection normally falling on the following holidays may be rescheduled for the first
working day following the legal holiday, or on Saturday, as necessary, for that week only:
New Year's Day Memorial Day Independence Day
Labor Day Thanksgiving Day Christmas Day
56.2 The Contractor agrees to inform the City and its residents of changes in normal collections
due to holidays by notification through at least two local media outlets or establish a
permanent holiday schedule or plan to be printed within the refuse literature.
57. SCHEDULE ADHERANCE
57.1 If, at any time during the term of this contract, the Contractor shall collect any section of
the City on a day other than the scheduled day, the Contractor shall immediately notify the
City that he is in violation of the contract. If a similar violation should occur more than
once within the three week period following the week of the original violation, the City
will notify the Contractor by certified mail and withhold any further payment that may be
due under the contract until the Contractor has furnished evidence satisfactory to the City
that the Contractor has taken necessary actions and precautions to prevent further
violations. The City may determine that this second or subsequent collection violation as
a breach of contract, and therefore the City reserves the right to terminate the contract.
Delays that are occasioned by holidays, or by daily(any 24-hour period) precipitation of
four(4) inches or more of rain, or eight (8) inches or more of snow, may not be
considered as violations. The City Administrator or the City's Designated Representative
shall be the judge of whether delays constitute a violation, or not.
58. PLACE OF PICK-UP
58.1 The Contractor is responsible for the public streets, or properly wavered private street
curbside pick-up of all residential locations as well as designated locations as requested by
the City.
59. REPLACEMENT DAMAGE
59.1 The Contractor is responsible for damages resulting from its careless handling of any
receptacle. The Contractor at no extra charge to the user shall replace all containers,
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United City of Yorkville
which suffer damage caused by the Contractor. The containers so supplied shall then
belong to the user.
60. COLLECTION VEHICLES
60.1 All vehicles used for collection purposes, except those exempted by other provisions of
these specifications, shall have fully enclosed bodies with self-contained mechanisms to
load and compress the material collected. These vehicles must be modern, neat, rear,
front, or side-loading packer-type motor trucks, have entry for refuse into the vehicle's
collecting body. All vehicles shall be kept watertight to prevent leaking, shall be kept
closed except during collections along collection route. All equipment used by the
Contractor shall be painted with no rust showing on the cab, chassis or body. Vehicles
must be kept in clean, sanitary and quiet operating condition. Vehicles must at all times
be supplied with brooms and necessary items to provide for immediate clean up of any
litter or mess, which may result from leaking, spilling or blowing during collection
procedures. Vehicles shall be clearly labeled with the firm's name, address, and telephone
number and have a vehicle identification number printed clearly on each and every vehicle.
However, if the Contractor desires to use a vehicle of larger capacity, specific written
approval of the specific vehicle shall be required from the City's Designated
Representative, after an actual demonstration of the vehicle on the streets of Yorkville.
Overweight vehicles are the responsibility of the Contractor. Contractor is required to
comply with weight requirements and safety requirements as established by Illinois Law or
City Ordinances for vehicles, vehicle operators and specialty equipment.
61. EMPLOYEES
61.1 The Contractor shall undertake to perform all disposal services rendered in a neat, orderly
and efficient manner; to use care and diligence in the performance of this contract; and to
provide neat, orderly and courteous personnel on its crews. The Contractor shall agree to
prohibit any drinking of alcoholic beverages or use of illegal drugs or drugs which impair
the ability of the employee or agent to safely and adequately perform his or her(drivers
and crew members)job while on duty or in the course of performing their duties under
this contract. The Contractor shall also agree to ensure that each employee driving a
vehicle shall at all times carry a valid operator's license for the type vehicle he/she is
driving. The Contractor's employees will be attired, at all times, in a professional-type
manner. These specifics will be agreed upon between representatives from the Contractor
and the City Designated Representative.
62. ACCIDENT PREVENTION
62.1 Precaution shall be exercised at all times for the citizens, employees and property. The
safety provisions of all applicable laws and building and construction codes shall be
observed. Machinery, equipment and all hazards shall be guarded or eliminated in
accordance with the safety provisions of the manual of Accident Prevention in
Construction, published by the Associated General Contractors of America, to the extent
that such provisions are not in contravention of applicable law.
63. COMPLAINT PROCEDURE
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United City of Yorkville
63.1 All complaints received by the Contractor shall be given prompt and courteous attention.
The City and the Contractor will agree upon a formalized complaint form to be filled out
by the Contractor each and every time a customer contacts the Contractor with a
complaint. It will be the Contractor's responsibility to have the complaint forms, on NCR
(no carbon required)paper, printed and available for use by the Contractor prior to the
commencement of this Contract. The Contractor will supply the City with sufficient NCR
forms for logging of complaints by City of Yorkville staff. Any complaint received by the
City shall be immediately communicated to the contractor. The Contractor is required to
supply the City with copies of all complaint forms within five (5) business days of a
complaint being made, indicating thereon the resolution thereof
63.2 The Contractor shall provide the City with name, phone number, and email address for an
individual to serve as point person for purposes of City staff contact with the Contractor.
64. COMPLAINTS
64.1 Where any dispute arises between a resident/customer and the Contractor, as to the
manner or placing of containers for collection or preparation of recyclable materials, or
the nature of the Contract or the like, the Contractor agrees that in the specific instance
collection will be immediately made even though in its opinion, the customer is in error;
and that it will immediately report the same to the City's Designated Representative so
that the City and the Contractor may resolve the dispute, if possible, before additional
collection becomes necessary. The intent of this paragraph is to avoid
disputes/disagreements between the customers and the Contractor's employees, and to
permit disputes/disagreements to be handled by mutual discussion between the Contractor
and the City. If a missed pick up is reported by the City or a customer to the Contractor,
the Contractor shall collect the refuse, recyclable material or yard-waste from such
customer within on(1) business day of notification. All complaints other than missed
pickups shall be resolved to the satisfaction of the City within two (2) business days. As
noted above, the Contractor shall supply to the City an NCR copy of the complaint form
for each and every complaint and on which the nature of the complaint and the disposition
is clearly noted. The Contractor shall cooperate with the City in minimizing complaints
from customers. Continued unreasonable complaint levels, as determined by the City, or
failure of the Contractor to carry out any of its contractual obligations such as, but not
limited to, rude treatment, messy pickups, damage to persons or property and early start-
up may be due cause for the City to terminate this Contract after notice and an
opportunity to be heard.
65. CUSTOMER VIOLATIONS OF CITY CODE
65.1 The Contractor shall have the right to notify any customer of noncompliance with the
applicable Yorkville code provisions concerning the handling or disposal of solid waste as
those same may apply to such customers. The Contractor shall report any continuance of
any such noncompliance to the City.
66. NEW CUSTOMERS
66.1 The Contractor agrees to provide service immediately to all new customers, even if the
new customer neglected to first notify or request collection services. The City agrees to
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United City of Yorkville
make every effort possible to alert the new customer to the collection procedure for
refuse, recycling and yard-waste.
67. EXCLUSIVE GRANT/INTENT
67.1 The City agrees that in consideration of the faithful performance of the obligations herein
undertaken by the Contractor, the City does, by execution of this Contract pursuant to
City Code, give and grant to the Contractor, for the term of this Contract only, the sole
and exclusive Class A License to collect and dispose of all residential solid wastes. The
Contract shall include all residences (attached single-family and detached single-family as
defined herein) and municipal facilities as required within the corporate boundaries of the
City of Yorkville. This grant expressly includes the right and duty to service any land
annexed to the City where new residences or municipal buildings have been constructed
during the term of this Contract. Service will be provided on the same terms as set forth
herein. The City shall communicate any changes to the corporate boundaries or service
area resulting from annexations, zoning actions, site plan approvals, construction, etc., to
the Contractor. It is the intent of this Contract to obtain, throughout its term, clean,
courteous, well scheduled, and well-executed collection and disposal or processing of
refuse, recycling and yard-waste from properties in the City of Yorkville. While the City
recognizes that any collection service involves minor customer operating problems, the
intent of this Contract is to ensure that any such operating problems are minimized to the
extent possible and corrected as soon as possible.
68. QUALIFICATIONS/REFERENCES
68.1 The Contractor shall provide at least five (5) references of"like"public agencies with
current contacts in accordance with Appendix 4 and shall indicate if appropriate, which
municipality has implemented a volume-based program. Contractor shall complete the
attached Appendix 6 listing its qualifications.
69. PROPOSAL SECURITY
69.1 Each proposal shall be accompanied by proposal security, which shall be in the form of a
certified check or a bank cashier's check in the amount of five thousand dollars ($5,000),
made payable to the City of Yorkville. Proposals submitted without the required security
shall be rejected. After formal written notification by the City that a contract award
decision has been made, the proposal security of the successful Contractor shall be
forfeited to the City in the event that the Contractor shall withdraw its proposal, or
neglect or refuse to enter into a contract and required bond, and the Contractor shall be
liable for any damages the City may thereby suffer.
69.2 Proposal securities shall be released as follows:
69.3 (1) The successful Contractor's security shall be retained until the required performance
bond($500,000.00) has been furnished; (2) Proposal securities of the proposing
Contractors shall be held until the successful Contractor's performance bond has been
furnished, at which time the checks will be promptly returned to the unsuccessful
Contractors
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United City of Yorkville
70. TERM OF CONTRACT
70.1 Section 21.1 of the Terms and Conditions document is hereby waived. The term of the
Contract will be five (5) years, and shall commence at 12:01 a.m. on May 1, 2007 and
shall remain in full force and effect through termination at 11:59 p.m. on April 30, 2012.
Upon request, the City may exercise an option to extend the contract term for an
additional two (2) year period ending at 11:59 p.m. on April 30, 2014. The Contractor
may negotiate in good faith, on request of the City, for an extension to the contract,
provided that the contract extension is approved by the City Council no later than one
hundred twenty(120) days before the termination of the existing contract.
71. STICKER REFUND
71.1 At the end of the Contract term, should the City select a different scavenger service, the
Contractor agrees to refund to all customers, retailers and the City, the full purchase price
of all refuse/yard-waste stickers returned to the Contractor within one hundred twenty
(120) days after the end of such term.
72. PERFORMANCE BOND
72.1 The Contractor shall provide the City with a performance bond issued by a surety in an
amount of$500,000.
73. EMERGENCIES
73.1 The Contractor agrees that should any emergency arise by reason of storm, tornadoes, or
other act of God which require additional hauling equipment by the City, the Contractor's
equipment shall be placed at the disposal of the City upon request for such temporary use,
provided that upon such use the City shall pay the operating cost of such equipment and
labor as it is used. The City reserves the right to direct which disposal sites are to be used
during an emergency.
74 LOCAL IMPROVEMENTS
74.1 The City of Yorkville reserves the right to construct any improvement or to permit any
construction in any street, which may have the effect for a time of preventing the
Contractor from traveling his accustomed route or routes for collection. The Contractor
shall, however, by an acceptable method, continue to collect the refuse, yard-waste and
recyclables to the same extent as though no interference existed upon the streets formerly
traveled. This shall be done without extra cost to the City of Yorkville.
75. TAXES, LICENSES & PERMITS
75.1 The Contractor shall pay all sales, use, property, income, and other taxes that are lawfully
assessed against the City or the Contractor in connection with the Contractor's facilities
and the work included in this Contract, and shall obtain and pay for all licenses, permits,
certificates of authority, and inspections required for the work. The Contractor shall
furnish to the City satisfactory evidence that it has all permits, licenses, and certificates of
authority required to operate for the term of this contract.
76. DEFAULT
76.1 If the Contractor fails to observe the established schedule for more than two (2)
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United City of Yorkville
consecutive working days, and in the opinion of the City's Designated Representative,
there has not been sufficient cause to justify such lack of observance, the City shall serve
notice, either personally or by affixing such notice to the local premises of the Contractor,
that this contract shall be in default if the Contractor does not take action to re-establish
the schedule within twenty-four(24) hours of said notice. If at the end of the twenty-four
(24) hour period, the Contractor has not made the necessary corrections, the City shall
take such steps as are necessary, to provide services according to the collection schedule
submitted by the Contractor. The Contractor will be liable for any costs of such steps
from the date of the notice of default. If deemed necessary by the City's Designated
Representative, the City shall have the right to take over all equipment and facilities of the
Contractor for a period of up to one-hundred-twenty(120) days from the date of notice of
default.
77. STRIKES/FORCE MAJEURE
77.1 The Contractor shall be required to file proof with the City Administrator or his designee
that it has a "no strike" provision for the duration of all collective bargaining agreements
with its workers. Upon execution of any new agreement, the Contractor shall forward to
the City Administrator within thirty(30) days thereafter, proof that said agreement also
contains a "no strike" clause.
78.2 Should nevertheless, a strike occur which lasts more than three (3) calendar days, the City
shall be permitted to institute such procedures to collect and dispose of the waste to be
collected pursuant to this Agreement as the City deems necessary. The Contractor shall be
responsible for reimbursing the City for any and all costs it may incur in such an endeavor.
78.3 Neither party shall be deemed in violation of this Agreement for the delay in that party's
performance or failure to perform in whole or in part its obligations under this Agreement
due to war or act of war(whether an actual declaration is made or not), insurrection, riot,
act of public enemy, fire, flood or other act of God or by other events to the extent that
such events are caused by circumstances beyond the party's control and are not caused by
negligence on the part of that party or anyone acting on its behalf,provided, however, that
strikes or work stoppages by Contractor's own work forces shall not be considered events
caused by circumstances beyond the Contractor's control. In the event that the delay in
performance or failure to perform affects only part of the Contractor's capacity to
perform its obligations under this Agreement, the Contractor shall perform such
obligations to the extent it is able to do so in as expeditious a manner as possible. The
Contractor shall promptly notify the City in writing of any event covered by this Section
and the date, nature and cause thereof. Such notice shall indicate the anticipated extent of
such delay and the obligations under this Agreement to be affected thereby
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United City of Yorkville
IV. PROPOSAL/CONTRACT FORM
***THIS PROPOSAL, WHEN ACCEPTED AND SIGNED BY AN AUTHORIZED
SIGNATORY OF THE CITY OF YORKVILLE, SHALL BECOME A CONTRACT
BINDING UPON BOTH PARTIES.
Entire Block Must Be Completed When A Submitted Bid Is To Be Considered For Award
PROPOSER:
Date:
Company Name
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United City of Yorkville
Email Address
Street Address of Company
Contact Name (Print)
City, State, Zip
24-Hour Telephone
Business Phone
Signature of Officer, Partner or
Fax Sole Proprietor
Print Name & Title
ATTEST: If a Corporation
Signature of Corporation Secretary
CITY OF YORKVILLE:
ATTEST:
Authorized Signature
Signature of City Clerk
Title
Date Date
In compliance with the specifications, the above-signed offers and agrees, if this Proposal is
accepted within 90 calendar days from the date of opening, to furnish any or all of the services
upon which prices are quoted, at the price set opposite each item, delivered at the designated
point within the time specified above.
VENDOR W-9 REQUEST FORM
The law requires that we maintain accurate taxpayer identification numbers for all individuals and
partnerships to whom we make payments, because we are required to report to the I.R.S. all
payments of$600 or more annually. We also follow the I.R.S. recommendation that this
information be maintained for all payees including corporations.
Please complete the following substitute W-9 letter to assist us in meeting our I.R.S. reporting
requirements. The information below will be used to determine whether we are required to send you a
Form 1099. Please respond as soon as possible, as failure to do so will delay our payments.
32
United City of Yorkville
BUSINESS(PLEASE PRINT OR TYPE):
NAME
ADDRESS:
CITY:
STATE: ZIP:
PHONE:
FAx:
TAX ID#(TIN):
(If you are supplying a social security number, please give your full name)
REMIT TO ADDRESS(IF DIFFERENT FROM ABOVE):
NAME
ADDRESS:
CITY:
STATE: ZIP:
TYPE OF ENTITY(ciRcLE ONE):
-Individual -Sole Proprietor -Government Agency
•LLP(Limited Liability Partnership) •LLC(Limited Liability Corporation) •Medical
-Partnership -Charitable/Nonprofit •Incorporated
-Other(Please describe)
SIGNATURE:
DATE:
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United City of Yorkville
PROPOSER'S CERTIFICATION (page 1 of 3)
With regard to , proposer hereby certifies
(Name of Project) (Name of Proposer)
the following:
1. Proposer is not barred from bidding this contract as a result of violations of Section 720
ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33E-4 (Bid-Rotating);
2. Proposer certifies that it has a written sexual harassment policy in place and is in full
compliance with 775 ILCS §12-105(A)(4);
3. Proposer certifies that not less than the prevailing rate of wages as determined by the City
of Yorkville, Kendall County County or the Illinois Department of Labor shall be paid to all
laborers, workers and mechanics performing work for the City of Yorkville. All bonds shall
include a provision as will guarantee the faithful performance of such prevailing wage clause.
Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all
work completed. Proposer agrees to pay the prevailing wage and require that all of its
subcontractors pay prevailing wage to any laborers, workers or mechanics who perform work
pursuant to this contract or related subcontract. Proposer and each subcontractor shall keep or
cause to be kept an accurate record of names, occupations and actual wages paid to each laborer,
workman and mechanic employed by the Proposer in connection with the contract. This record
shall be sent to the City on a monthly basis along with the invoice and shall be open to inspection
at all reasonable hours by any representative of the City or the Illinois Department of Labor and
must be preserved for four(4) years following completion of the contract. Proposer certifies that
proposer and any subcontractors working on the project are aware that filing false payroll records
is a class B misdemeanor and that the monetary penalties for violations are to be paid pursuant to
law by the proposer, contractor and subcontractor. The City shall not be liable for any
underpayments. If applicable: Since this is a contract for a fixed public works project, as defined
in 820 ILCS 130/2, Contractor agrees to post at the job site in an easily accessible place, the
prevailing wages for each craft or type of worker or mechanic needed to execute the contract or
work to be performed.
4. Proposer certifies that it is in full compliance with the Federal Highway Administrative
Rules on Controlled Substances and Alcohol Use and Testing, 49 C. F.R. Parts 40 and 382 and
that all employee drivers are currently participating in a drug and alcohol testing program
pursuant to the Rules.
5. Proposer further certifies that it is not delinquent in the payment of any tax administered
by the Department of Revenue, or that Proposer is contesting its liability for the tax delinquency
or the amount of a tax delinquency in accordance with the procedures established by the
appropriate Revenue Act. Proposer further certifies that if it owes any tax payment(s) to the
Department of Revenue, Proposer has entered into an agreement with the Department of
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United City of Yorkville
PROPOSER'S CERTIFICATION (page 2 of 3)
Revenue for the payment of all such taxes that are due, and Proposer is in compliance with the
agreement.
BY:
Proposer's Authorized Agent
FEDERAL TAXPAYER IDENTIFICATION NUMBER
or
Social Security Number
Subscribed and sworn to before me
this day of , 20_.
Notary Public)
(Fill Out Applicable Paragraph Below)
(a) Corporation
The Proposer is a corporation organized and existing under the laws of the State of
which operates under the Legal name of
and the full names of its Officers are as
follows:
President:
Secretary:
Treasurer:
and it does have a corporate seal. (In the event that this bid is executed by other than the
President, attach hereto a certified copy of that section of Corporate By-Laws or other
authorization by the Corporation which permits the person to execute the offer for the
corporation.)
(b) Partnership
Signatures and Addresses of All Members of Partnership:
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United City of Yorkville
PROPOSER'S CERTIFICATION (page 3 of 3)
The partnership does business under the legal name of-
which name is registered with the office of in the state of
(c) Sole Proprietor
The Supplier is a Sole Proprietor whose full name is:
and if operating under a trade name, said trade name is:
which name is registered with the office of in the state of
5. Are you willing to comply with the City's preceding insurance requirements within 13
days of the award of the contract?
Insurer's Name
Agent
Street Address
City, State, Zip Code
Telephone Number
UWe affirm that the above certifications are true and accurate and that I/we have read and
understand them.
Print Name of Company:
Print Name and Title of Authorizing Signature:
Signature:
Date:
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United City of Yorkville
APPENDIX 1
GENERAL PRICE QUOTATION SHEET
Please provide all costs associated with once a week,same day refuse,yard waste,leaf,and recycling collection
services for each year in accordance with the following schedule:
Year I Year 2 Year 3 Year 4 Year 5
5/01/09- I
1 4/30/08 4/30/09 4/30/10 I I
1. Monthly Prices(Shall include 2 Amnesty Day Collection and Live Christmas tree collection for two weeks in
January at no additional cost)
Refuse,yard waste,and
recycling collection
program as outlined in
the contract as Program $ $ $ $ $
A,one 64 gallon refuse
tote,and one 64 gallon
recycling tote
Refuse,yard waste,and
recycling collection
program as outlined in
the contract as Program $ $ $ $ $
B,one 64-gallon refuse
tote,and one 64 gallon
recycling tote
2.Other Components of Price Quotation
Special Collections(charge $ $ $ $ $
per cubic yard)
Cost of 96 gallon or 33
gallon refuse cart or $ $ $ $ $
recycling cart
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United City of Yorkville
APPENDIX 2
REQUIRED RECYCLABLES TO BE COLLECTED
The City requires that the Contractor shall collect the following recyclable material for the entire
term of the contract. Additionally, the Contractor is encouraged to identify additional items they
will be collecting, not on the current list.
Required Recyclable Materials
• brown paper bags
• corrugated cardboard
• boxes and cartons
• chipboard/paperboard (to include brown or gray box board or paperboard, cereal
boxes, shoe boxes, &paper towel cores)
• magazines and catalogues
• mixed paper, glossy & non-glossy (to include stationary, notebook paper, post-it
notes, computer paper, typing paper, flyers, greeting cards, file folders and all
envelopes, with and without windows)
• newspaper(including all supplements)
• telephone books
• wet strength carrier stock (to include paper board used for refrigerated and frozen
items)
• frozen food packages
• aerosol cans
• aluminum cans and foil
• formed aluminum containers and wraps
• aseptic packaging and gable top containers
• formed steel containers
• glass bottles and jars (brown, green, and clear)
• plastic containers (colored or cloudy white HDPE milk,juice and/or water bottles,
jars and jugs)
• all plastic containers #1 through#5 and plastic containers #7
• LDPE and HDPE soft plastic six(6) and twelve (12) pack rings
• steel cans
• steel paint cans and lids
• household batteries
Other Recyclable Materials Proposed by Contractor
LJ
LJ
LJ
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United City of Yorkville
APPENDIX 3
SCHEDULE OF ALTERNATIVES AND DEVIATIONS
Please list any proposed alternative or deviation to the minimum standards outlined in the
specifications section of this document. (Please attach additional sheets if necessary.)
Section Paragraph Explanation Alternative/Deviation
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United City of Yorkville
APPENDIX 4
SCHEDULE OF ILLINOIS MUNICIPALITIES SERVED
Please list municipal references. (Please attach additional sheets if necessary)
Municipality Contact Name & Service Explanation of Collection and
Telephone Number Dates Disposal Program
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United City of Yorkville
APPENDIX 5
LOCATION OF DISPOSAL FACILITIES
Please provide below information concerning the facilities, which are intended to be used for the
disposal of refuse, yard waste, and recyclable materials collected at the curbside. (Please attach
additional sheets if necessary.)
REFUSE
Name of Facility Facility Address Disposal Limitations
RECYCLING
Name of Facility Facility Address Disposal Limitations
YARD WASTE
Name of Facility Facility Address Disposal Limitations
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United City of Yorkville
APPENDIX 6
CONTRACTOR QUALIFICATIONS
Name of Business:
Business Address: Mailing Address:
Business Number:
Emergency Number:
Fax Number:
Ownership: Individual Partnership Corporation
Franchise or Parent Company(if applicable):
List all Partners, Managers, and Corporate Officers:
Name Title Residence Phone
Days of Operation:
Business Hours:
Number of Employees:
Supervisors:
Drivers:
Office Personnel:
Signature: Date:
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United City of Yorkville
EXHIBIT A
SOLID WASTE COLLECTION DAY MAP
See attached
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United City of Yorkville
EXHIBIT B
SERVICES FOR MUNICIPAL AND PUBLIC FACILITIES
Location Service Type Size Frequency
Library Refuse 1-1.5 yd lx/wk
902 Game Farm Road Recycling 1-1.5 yd lx/wk
City Hall and Police Refuse 1-6 yd 2x/wk
Department Recycling 1-2 yd cardboard lx/wk
800 Game Farm Road Recycling(paper) 6-96 gallon toters lx/wk
Public Works Recycling 1-2 yd cardboard lx/wk
610 Tower Lane Refuse 1-20 yd open lx/wk
Parks and Recreation Refuse 1-20 yd open lx/wk
Satellite Office at Old Post Recycling 1-96 gallon toter lx/wk
Office Recycling 1-1 yd cardboard lx/wk
201 W.Hydraulic Avenue
Parks and Recreation Refuse 1-1.5 yd lx/wk
Riverfront Administrative Recycling 2-96 gallon toter Ix/wk
Building
301 E.Hydraulic
Parks and Recreation Refuse 1-1.5 yd lx/wk
Riverfront Program Recycling 2-96 gallon toter lx/wk
Buildine
131 E.Hydraulic
Beecher Center Refuse 1-4yd refuse lx/wk
908 Game Farm Road Recycle 1-2yd recycle lx/wk
All City Rentals Refuse 96 gal.toters, 33 gal. toters, 18
When Required gal.toters
30 yd open dumpster
The Contractor shall provide, at no cost to the City, the collection and disposal of all refuse,
recycling, and yard waste, or more often if requested by the City. A comprehensive recycling
program shall also be provided at no cost for the municipal facilities listed above (new or
additional facilities may be added at any time during the Contract term). The Contractor shall be
responsible for supplying all service equipment associated with totes and containers/dumpsters to
said facilities as set forth in the Contract.
44
0 C/T y Reviewed By: Agenda Item Number
J� A 0 Legal ❑ OB #3
Q}y Finance
esr. 1Z � 1836 Engineer El-�� Tracking Number
W City Administrator
0
°°°^oys Consultant El K° CC 2011-71
El Agenda Item Summary Memo
Title: Revised FY 12 Budgets—Parks &Recreation and Library
Meeting and Date: Administration Committee 7/21/11
Synopsis: Ordinance approving a revised budget. See attached memo.
Council Action Previously Taken:
Date of Action: CC 4/12/11 Action Taken: Approval of FYI Budget
Item Number: CC 2011-22
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Rob Fredrickson Finance
Name Department
Agenda Item Notes:
Memorandum
To: Administration Committee
EST. -,l 1836 From: Rob Fredrickson, Finance Director
.4 y Date: June 30, 2011
p� az 2p� Subject: Park and Recreation, Recreation Center and Library Amended
�nd� o Ty vt Budgets
ALE
The following Park and Recreation (79), Recreation Center(80) and Library (82-84)budget
documents were passed by their respective boards on April 28th and April 11'. These budget
documents differ from the original proposed budgets adopted by City Council on April 12th
Therefore, these budget documents are once again submitted to Council for formal adoption. For
comparative purposes, both the adopted (City Council approved) and amended(Park/Library
Board approved)budgets are presented(side-by-side) on the attachments that follow this
memorandum.
Please note that the Library Fund has been divided into three funds to enhance transparency and
budgetary control. The Library Operations Fund(82) shows all revenues and expenditures that
relate to day-to-day operations, thus excluding debt service and building development fees.
The Library Debt Service Fund (83) will be used to account for revenues and expenditures
associated with the 2005B and 2006 bonds. The fund balance for this fund, at least in theory, is
zero due to the fact that the property tax amount levied should equal corresponding debt service
payments.
The Library Development Fee Fund(84)will be used to account for building permit fees that
have been designated for Library building maintenance or related capital purchases. The fund
will be created by an interfund transfer from Library Operations in the amount of$332,500,
which represents the approximate amount of cash at Old Second Bank in the Library's
Development/Building Expansion account.
Parks and Recreation Fund(79)
This fund accounts for the daily operations of the Parks and Recreation Department. Programs,classes,special events and maintenance of City wide park land and public
facilities makeup the day today operations. Programs and classes consist of a wide variety of options serving children through senior citizens. Special events range from
Music Under the Stars to Home Town Days. City wide maintenance consists of over two hundred acres at more than fifty sites including buildings,boulevards,parks,
utility locations and natural areas.
FY 2011
FY2009 FY2010 Adopted FY2011 FY2012 FY2012 FY2013 FY2014
Actual Actual Budget Projected Adopted Amended Projected Projected
Revenue
Intergovernmental 2,000 1,478 500 - - - - -
Charges for Service 419,091 365,910 394,000 327,792 345,000 345,000 345,000 345,000
Investment Earnings 1,370 286 500 300 300 300 300 300
Reimbursements - - - 7,000 - - - -
Miscellaneous 32,292 29,905 33,100 26,200 97,700 97,700 30,200 65,200
Other Financing Sources 1,080,348 1,119,500 1,051,890 774,244 732,710 732,710 800,210 765,210
Total Revenue 1,535,101 1,517,079 1,479,990 1,135,536 1,175,710 1,175,710 1,175,710 1,175,710
Expenditures
Salaries 1,009,480 790,971 807,938 684,300 648,300 667,800 667,800 667,800
Benefits 141,014 124,085 134,224 110,884 109,730 109,730 109,730 109,730
Contractual Services 157,117 125,365 149,300 138,400 150,430 144,430 144,430 144,430
Supplies 252,136 245,396 270,450 247,103 267,250 267,250 267,250 267,250
Contingencies 440 - - - - - - -
Other Financing Uses - 150,000 100,000 - - - - -
Total Expenditures 1,560,187 1,435,817 1,461,912 1,180,687 1,175,710 1,189,210 1,189,210 1,189,210
Surplus(Deficit) (25,086) 81,262 18,078 (45,151) - (13,500) (13,500) (13,500)
Ending Fund Balance (56,112) 25,151 (38,034) (20,000) 0 (33,500) (47,000) (60,500)
-1.7% 0.0% -2.8% -4.0% -5.1%
$40 Fund Balance
$20
3
$0
t ($20)
~ ($40)
($60)
($80)
FY 2011
FY2009 FY2010 Adopted FY2011 FY2012 FY2012 FY2013 FY2014
Actual Actual Budget Projected Adopted Amended Projected Projected
Personnel-Parks Department
Full-time Personnel:
Parks Superintendent 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
Foreman 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
Maintenance Worker I 3.0 3.0 2.0 2.0 2.0 2.0 2.0 2.0
Maintenance Worker II 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Total Full-Time Personnel 9.0 9.0 8.0 8.0 8.0 8.0 8.0 8.0
Part-time Personnel:
Seasonal Staff 12.0 2.0 4.0 4.0 4.0 4.0 4.0 4.0
Total Personnel-Parks 21.0 11.0 12.0 12.0 12.0 12.0 12.0 12.0
Personnel-Recreation Department
Full-time Personnel:
Director of Parks&Recreation 1.0 0.5 0.5 0.5 0.5 0.5 0.5 0.5
Recreation Superintendent 0.0 0.0 0.0 1.0 1.0 1.0 1.0 1.0
Recreation Manager 1.0 1.0 1.0 0.0 0.0 0.0 0.0 0.0
Recreation Coordinator 2.0 2.0 2.0 1.0 1.0 1.0 1.0 1.0
Office Supervisor 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
Receptionist 1_0 1_0 1_0 0.0 0_0 0_0 0_0 0_0
Total Full-Time Personnel 6.0 5.5 5.5 3.5 3.5 3.5 3.5 3.5
Part-time Personnel:
Receptionist 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
Maintenance Worker 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Total Part-Time Personnel 2.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
Total Personnel-Recreation 8.0 6.5 6.5 4.5 4.5 4.5 4.5 4.5
Total Personnel 29.0 17.5 18.5 16.5 16.5 16.5 16.5 16.5
The City Administrator is also the Interim Director of Parks and Recreation
Salary and benefit amounts are split equally between General and Park and Recreation Funds
United City of Yorkville
Parks and Recreation Fund
79
PARKS AND RECREATION FUND REVENUE
FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014
Account Description Actual Actual Budget Projected Adopted Amended Projected Projected
Intergovernmental
79-000-41-00-4182 MISC INTERGOVERNMENTAL 2,000 1,478 500 - - - - -
Total: Intergovernmental $2,000 $1,478 $500 $0 $0 $0 $0 $0
Charges for Services
79-000-44-00-4440 PROGRAM FEES 244,521 180,230 225,000 160,000 180,000 180,000 180,000 180,000
79-000-44-00-4441 CONCESSION REVENUE 29,597 39,573 30,000 33,000 30,000 30,000 30,000 30,000
79-000-44-00-4442 GOLF OUTING REVENUE 34,210 8,659 9,000 - - - - -
79-000-4400-4443 HOMETOWN DAYS 110,763 137,448 130,000 134,792 135,000 135,000 135,000 135,000
Total: Charges for Services $419,091 $365,910 $394,000 $327,792 $345,000 $345,000 $345,000 $345,000
Investment Earnings
79-000-45-00-4500 INVESTMENT EARNINGS 1,370 286 500 300 300 300 300 300
Total: Investment Earnings $1,370 $286 $500 $300 $300 $300 $300 $300
Reimbursements
79-000-46-00-4680 REIMB-LIABILITY INSURANCE - - - 7,000 - - - -
Total: Reimbursements $0 $0 $0 $7,000 $0 $0 $0 $0
Miscellaneous
79-000-48-00-4820 RENTAL INCOME 15,991 19,329 15,000 15,000 86,000 86,000 15,000 50,000
Verizon Wireless Lease$71,000
Other Rentallncame$15,000
79-000-48-00-4846 SPONSORSHIPS/DONATIONS 16,301 10,576 14,600 11,200 11,200 11,200 14,700 14,700
79-000-48-00-4850 MISCELLANEOUS INCOME - - 3,500 - 500 500 500 500
Total: Miscellaneous $32,292 $29,905 $33,100 $26,200 $97,700 $97,700 $30,200 $65,200
Other Financing Sources
79-000-49-00-4901 TRANSFER FROM GENERAL 1,080,348 1,119,500 1,051,890 774,244 732,710 732,710 800,210 765,210
Total: Other Financing Sources $1,080,348 $1,119,500 $1,051,890 $774,244 $732,710 $732,710 $800,210 $765,210
Total: PARKS&REC REVENUE $1,535,101 $1,517,079 $1,479,990 $1,135,536 $1,175,710 $1,175,710 $1,175,710 $1,175,710
United City of Yorkville
Parks and Recreation Fund
790
PARKS DEPARTMENT EXPENDITURES
FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014
Account Description Actual Actual Budget Projected Adopted Amended Projected Projected
Salaries
79-790-50-00-5010 SALARIES AND WAGES 402,683 383,500 350,026 353,000 370,000 370,000 370,000 370,000
79-790-50-00-5015 PART-TIME SALARIES 27,925 7,509 17,000 16,000 17,000 17,000 17,000 17,000
79-790-50-00-5020 OVERTIME 3,264 308 4,000 500 3,000 3,000 3,000 3,000
Total: Salaries $433,872 $391,317 $371,026 $369,500 $390,000 $390,000 $390,000 $390,000
Benefits
79-790-52-00-5212 RETIREMENT PLAN CONTRIBUTION 32,296 32,960 33,953 33,500 37,730 37,730 37,730 37,730
79-790-52-00-5214 FICA CONTRIBUTION 33,192 29,265 28,383 28,611 30,000 30,000 30,000 30,000
Total: Benefits $65,488 $62,224 $62,336 $62,111 $67,730 $67,730 $67,730 $67,730
Contractual Services
79-790-54-00-5412 TRAINING&CONFERENCES 834 - 1,500 700 2,600 2,600 2,600 2,600
79-790-54-00-5415 TRAVEL AND LODGING 41 - - - 750 750 750 750
79-790-54-00-5440 TELECOMMUNICATIONS 3,927 3,085 4,200 4,200 3,780 3,780 3,780 3,780
Cellular Phone$3,780
79-790-54-00-5462 PROFESSIONAL SERVICES 21,449 865 2,000 2,500 4,500 4,500 4,500 4,500
Parks Contractual$4,500
79-790-54-00-5466 LEGAL SERVICES 10,742 4,582 4,000 2,000 4,000 4,000 4,000 4,000
79-790-54-00-5485 RENTAL&LEASE PURCHASE 1,631 - 2,500 500 2,500 2,500 2,500 2,500
Total: Contractual Services $38,625 $8,532 $14,200 $9,900 $18,130 $18,130 $18,130 $18,130
Supplies
79-790-56-00-5600 WEARING APPAREL 2,801 4,024 4,100 4,100 4,100 4,100 4,100 4,100
79-790-56-00-5610 OFFICE SUPPLIES 142 70 300 150 300 300 300 300
79-790-56-00-5620 OPERATING SUPPLIES 22,801 20,372 22,000 17,000 22,500 22,500 22,500 22,500
Operating Supplies$20,000
Flowers&Trees$1,000
Christmas&Public Decorations$1,500
79-790-56-00-5630 SMALL TOOLS&EQUIPMENT 923 1,889 2,250 2,250 2,250 2,250 2,250 2,250
Hand Tools$1,750
Office Equipment$500
79-790-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE - - 500 - 500 500 500 500
79-790-56-00-5640 REPAIR AND MAINTENANCE 35,265 40,514 48,000 38,000 48,000 48,000 48,000 48,000
Maintenance-Equipment$14,000
Maintenance-Parks$34,000
Total: Supplies $61,931 S66,868 $77,150 $61,500 $77,650 $77,650 $77,650 $77,650
Total: PARK DEPT EXPENDITURES $599,917 $528,941 $524,712 $503,011 $553,510 $553,510 $553,510 $553,510
United City of Yorkville
Parks and Recreation Fund
792
RECREATION DEPARTMENT EXPENDITURES
FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014
Account Description Actual Actual Budget Projected Adopted Amended Projected Projected
Salaries
79-792-50-00-5010 SALARIES AND WAGES 400,557 342,637 368,532 248,500 190,000 190,000 190,000 190,000
79-792-50-00-5015 PART-TIME SALARIES 42,060 13,482 22,080 16,000 22,000 25,000 25,000 25,000
79-792-50-00-5020 OVERTIME - - 300 300 300 300 300 300
79-792-50-00-5045 CONCESSION WAGES 8,842 9,968 10,000 10,000 10,000 12,500 12,500 12,500
79-792-50-00-5046 PRE-SCHOOL WAGES 36,905 19,468 20,000 20,000 20,000 25,000 25,000 25,000
79-792-50-00-5052 INSTRUCTORS WAGES 87,243 14,100 16,000 20,000 16,000 25,000 25,000 25,000
Total: Salaries $575,607 $399,654 $436,912 $314,800 $258,300 $277,800 $277,800 $277,800
Benefits
79-792-52-00-5212 RETIREMENT PLAN CONTRIBUTION 35,095 31,675 41,537 28,584 22,000 22,000 22,000 22,000
79-792-52-00-5214 FICA CONTRIBUTION 40,430 30,185 30,351 20,189 20,000 20,000 20,000 20,000
Total: Benefits $75,526 $61,860 $71,888 $48,773 $42,000 $42,000 $42,000 $42,000
Contractual Services
79-792-54-00-5412 TRAINING&CONFERENCES 2,455 - 500 700 2,000 2,000 2,000 2,000
79-792-54-00-5415 TRAVEL AND LODGING 499 - 300 - 1,000 1,000 1,000 1,000
79-792-54-00-5419 GOLF OUTING 21,457 6,001 6,000 - - - - -
79-792-54-00-5426 PUBLISHING&ADVERTISING 41,405 28,013 27,000 27,000 27,000 27,000 27,000 27,000
79-792-54-00-5440 TELECOMMUNICATIONS 5,896 4,358 4,300 4,300 4,300 4,300 4,300 4,300
Cellular Phone$3,000
Telephonellntereet$1,300
79-792-54-00-5447 SCHOLARSHIPS 1,050 156 1,000 500 1,000 1,000 1,000 1,000
79-792-54-00-5452 POSTAGE&SHIPPING 12,009 7,391 8,000 7,500 8,000 8,000 8,000 8,000
79-792-54-00-5462 PROFESSIONAL SERVICES 2,966 43,483 53,000 54,000 53,000 47,000 47,000 47,000
Contractual Services$50,000
Recording Secretary-Contractual$3,000
79-792-54-00-5480 UTILITIES 12,031 15,690 22,000 22,000 22,000 22,000 22,000 22,000
Electricity$22,000
79-792-54-00-5485 RENTAL&LEASE PURCHASE 4,267 4,145 3,500 3,500 4,500 4,500 4,500 4,500
79-792-54-00-5490 DUES AND SUBSCRIPTIONS 713 1,061 1,500 1,500 1,500 1,500 1,500 1,500
79-792-54-00-5495 OUTSIDE REPAIR AND MAINTENANCE 1,552 587 1,000 1,500 1,000 1,000 1,000 1,000
79-792-54-00-5496 PROGRAM REFUNDS 12,193 5,949 7,000 6,000 7,000 7,000 7,000 7,000
Total: Contractual Services $118,492 $116,833 $135,100 $128,500 $132,300 $126,300 $126,300 $126,300
Supplies
79-792-56-00-5600 WEARING APPAREL - - - - - - - -
79-792-56-00-5602 HOMETOWN DAYS SUPPLIES 94,783 100,579 100,000 99,903 100,000 100,000 100,000 100,000
79-792-56-00-5606 PROGRAM SUPPLIES 54;603 41,176 53,600 54,000 55,000 55,000 55,000 55,000
79-792-56-00-5607 CONCESSION SUPPLIES 18,658 24,239 18,000 16,000 18,000 18,000 18,000 18,000
79-792-56-00-5610 OFFICE SUPPLIES 4,599 4,268 3,000 2,500 3,000 3,000 3,000 3,000
79-792-56-00-5620 OPERATING SUPPLIES 6,199 4,837 8,500 5,500 5,500 5,500 5,500 5,500
Operating Supplies$1,000
Portable Toilets$4,500
79-792-56-00-5630 SMALL TOOLS&EQUIPMENT 1,788 510 2,000 2,000 2,000 2,000 2,000 2,000
Recreation Equipment$2,000
79-792-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 155 98 2,600 2,600 500 500 500 500
79-792-56-00-5640 REPAIR AND MAINTENANCE 3,714 825 2,000 1,000 2,000 2,000 2,000 2,000
79-792-56-00-5645 BOOKS AND PUBLICATIONS 708 104 100 100 100 100 100 100
79-792-56-00-5690 SUPPLIES-GRANT REIMBURSABLE 489 45 500 - 500 500 500 500
Youth Services Grant Expenses$500
79-792-56-00-5695 GASOLINE 4,511 1,846 3,000 2,000 3,000 3,000 3,000 3,000
Total: Supplies $190,205 $178,528 $193,300 $185,603 $189,600 $189,600 $189,600 $189,600
United City of Yorkville
Parks and Recreation Fund
792
RECREATION DEPARTMENT EXPENDITURES
FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014
Account Description Actual Actual Budget Projected Adopted Amended Projected Projected
Contingencies
79-792-70-00-7799 CONTINGENCIES 440 - - - - - - -
Total: Contingencies $440 $0 $0 $0 $0 $0 $0 $0
Other Financing Uses
79-792-99-00-9901 TRANSFER TO GENERAL - 150,000 100,000 - - - - -
Total: Other Financing Uses $0 $150,000 $100,000 $0 $0 $0 $0 $0
Total: RECREATION EXPENDITURES 96$ 0,270 0$9 6,875 9$37.200 67$ 7,676 62$ 2.200 63$ 5.700 63$ 5.700 63$ 5,700
Recreation Center Fund(80)
The REC Center is a 38,000 square foot,full-service fitness and recreation facility leased by the City and operated by the Parks and Recreation Department. A variety of
membership options are available to both residents and non-residents. The REC Center houses an indoor track,lap pool,whirlpool,and a variety of cardio and resistance
equipment. The facility is also used for programming and events,such as Family Winter Fun Night,the Go Green Fair,open basketball,preschool,5k runs and sports
leagues.
FY 2011
FY2009 FY2010 Adopted FY2011 FY2012 FY2012 FY2013 FY2014
Actual Actual Budget Projection Adopted Amended Projected Projected
Revenue
Charges for Service 489,847 574,408 603,500 582,000 603,500 610,000 610,000 610,000
Miscellaneous 8,145 8,632 5,500 8,700 7,500 7,500 7,500 7,500
Other Financing Sources 100,000 - - - - - - -
Total Revenue 597,992 583,040 609,000 590,700 611,000 617,500 617,500 617,500
Expenses
Salaries 215,132 211,086 232,043 231,543 232,700 243,700 243,700 243,700
Benefits 19,746 24,837 27,658 27,658 27,708 27,708 27,708 27,708
Contractual Services 261,416 342,276 362,650 379,280 380,580 386,880 392,880 398,880
Supplies 79,486 55,080 52,950 52,100 50,750 53,450 53,450 53,450
Capital Outlay 99,837 - - - - - - -
Total Expenses 675,617 633,279 675,301 690,581 691,738 711,738 717,738 723,738
Surplus(Deficit) (77,625) (50,240) (66,301) (99,881) (80,738) (94,238) (100,238) (106,238)
Ending Fund Balance Equivalent (77,579) (127,815) (143,880) (227,696) (308,434) (321,934) (422,172) (528,410)
-33.0% -44.6% -45.2% -58.8% -73.0%
Fund Balance Equivalent
$0
1$200)
0
L
~ ($400)
($600)
Personnel
Full-time Personnel:
Facility Coordinator 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
Part-time Personnel:
Front Desk Staff 11.0 11.0 8.0 9.0 9.0 9.0 9.0 9.0
Janitorial Staff 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0
Kidz Club Staff 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Preschool Staff 3_0 3_0 3_0 3_0 3.0 3_0 3_0 3_0
Total Part-Time Personnel 20.0 20.0 17.0 18.0 18.0 18.0 18.0 18.0
Total Personnel 21.0 21.0 18.0 19.0 19.0 19.0 19.0 19.0
United City of Yorkville
Recreation Center Fund
80
RECREATION CENTER FUND REVENUE
FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014
Account Description Actual Actual Budget Projected Adopted Amended Projected Projected
Charges for Services
80-000-44-00-4440 PROGRAM FEES 121,406 123,073 125,000 125,000 125,000 125,000 125,000 125,000
80-000-44-00-4441 CONCESSION REVENUE 8,372 12,915 12,500 12,700 12,500 12,500 12,500 12,500
80-000-44-00-4444 MEMBERSHIP FEES 321,099 387,975 410,000 400,000 410,000 430,000 430,000 430,000
80-000-44-00-4445 GUEST FEES 7,517 4,303 3,500 4,300 3,500 5,000 5,000 5,000
80-000-44-00-4446 SWIM CLASS FEES 17,060 30,949 35,000 30,000 35.,000 25,000 25,000 25,000
80-000-44-00-4447 PERSONAL TRAINING FEES 11,576 12,603 15,000 8,000 15,000 10,000 10,000 10,000
80-000-44-00-4448 TANNING SESSION FEES 2,817 2,590 2,500 2,000 2,500 2,500 2,500 2,500
Total: Charges for Services $489,847 $574,408 $603,500 $582,000 $603,500 $610,000 $610,000 $610,000
Miscelaneous
80-000-48-00-4820 RENTAL INCOME 4,698 4,056 3,000 6,000 5,000 5,000 5,000 5,000
80-000-48-00-4845 DONATIONS 3,447 3,176 2,000 2,700 2,000 2,000 2,000 2,000
80-000-48-00-4850 MISCELLANEOUS INCOME - 1,400 500 - 500 500 500 500
Total: Miscellaneous $8,145 $8,632 $5,500 $8,700 $7,500 $7,500 $7,500 $7,500
Other Financing Sources
80-000-49-00-4972 TRANSFER FROM LAND CASH 100,000 - - - - - - -
Total: Other Financing Sources $100,000 $0 $0 $0 $0 $0 $0 $0
Total: REC CTR REVENUE $597,992 $583,040 $609,000 $590,700 $611,000 $617,500 $617,500 $617,500
United City of Yorkville
Recreation Center Fund
800
RECREATION CENTER EXPENSES
FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014
Account Description Actual Actual Budget Projected Adopted Amended Projected Projected
Salaries
80-800-50-00-5010 SALARIES AND WAGES 27,886 34,068 33,543 33,543 34,200 34,200 34,200 34,200
80-800-50-00-5015 PART-TIME SALARIES 90,600 101,640 98,000 98,000 98,000 114,000 114,000 114,000
80-800-50-00-5020 OVERTIME 953 - 500 - 500 500 500 500
80-800-50-00-5046 PRE-SCHOOL WAGES 35,781 22,644 35,000 35,000 35,000 35,000 35,000 35,000
80-800-50-00-5052 INSTRUCTORS WAGES 59,912 52,734 65,000 65,000 65,000 60,000 60,000 60,000
Total: Salaries $215,132 $211,086 $232,043 $231,543 $232,700 $243,700 $243,700 $243,700
Benefits
80-800-52-00-5212 RETIREMENT PLAN CONTRIBUTION 4,088 8,804 10,000 10,000 10,000 10,000 10,000 10,000
80-800-52-00-5214 FICA CONTRIBUTION 15,658 16,034 17,658 17,658 17,708 17,708 17,708 17,708
Total: Benefits $19,746 $24,837 $27,658 $27,658 $27,708 $27,708 $27,708 $27,708
Contractual Services
80-800-54-00-5412 TRAINING&CONFERENCES 660 - - - - - - -
80-800-54-00-5415 TRAVEL AND LODGING 157 - 200 100 200 200 200 200
Mileage$200
80-800-54-00-5426 PUBLISHING&ADVERTISING 859 1,478 1,500 1,000 1,500 1,500 1,500 1,500
80-800-54-00-5440 TELECOMMUNICATIONS 2,051 2,357 2,350 3,600 3,600 3,600 3,600 3,600
Telephone$3,000
Cellular Phone$600
80-800-54-00-5447 SCHOLARSHIPS - 216 900 400 900 900 900 900
80-800-54-00-5452 POSTAGE&SHIPPING 73 180 600 500 600 600 600 600
80-800-54-00-5462 PROFESSIONAL SERVICES 7,152 22,433 17,700 22,700 17,700 20,000 20,000 20,000
Contractual Services$15,000
Towel Rental$1,500
Licenses grid Permits$700
Security$500
80-800-54-00-5480 UTILITIES 42,628 46,796 39,000 49,000 49,000 53,000 53,000 53,000
Electricity$38,000
Nicor$11,000
80-800-54-00-5485 RENTAL&LEASE PURCHASE 177,131 214,558 220,500 220,500 226,500 226,500 232,500 238,500
Lease Payments$222,000
Maintenance-Office Equipment$4,500
80-800-54-00-5490 DUES AND SUBSCRIPTIONS 174 89 200 200 200 200 200 200
80-800-54-00-5495 OUTSIDE REPAIR AND MAINTENANCE 26,691 20,012 21,200 21,100 21,200 21,200 21,200 21,200
Maintenance-General$16,000
Pool Repair$5,000
Phone System$200
80-800-54-00-5496 PROGRAM REFUNDS 3,840 7,837 5,500 6,500 5,500 5,500 5,500 5,500
80-800-54-00-5497 PROPERTY TAX PAYMENT - 26,320 53,000 53,680 53,680 53,680 53,680 53,680
Total: Contractual Services $261,416 $342,276 $362,650 $379,280 $380,580 $386,880 $392,880 $398,880
United City of Yorkville
Recreation Center Fund
800
RECREATION CENTER EXPENSES
FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014
Account Description Actual Actual Budget Projected Adopted Amended Projected Projected
Supplies
80-800-56-00-5600 WEARING APPAREL - - - - - - - -
80-800-56-00-5606 PROGRAM SUPPLIES 18,631 19,119 17,000 17,000 17,000 17,000 17,000 17,000
80-800-56-00-5607 CONCESSION SUPPLIES 5;234 11,615 6,300 8,000 6,300 9,000 9,000 9,000
Concession Supplies$6,000
Miscellaneous Retail$300
80-800-56-00-5610 OFFICE SUPPLIES 5,045 2,383 2,600 1,800 2,600 2,600 2,600 2,600
80-800-56-00-5620 OPERATING SUPPLIES 7,332 5,330 6,200 4,700 6,200 6,200 6,200 6,200
Operating Supplies$3,000
Pool Supplies$3,200
80-800-56-00-5630 SMALL TOOLS&EQUIPMENT 6,678 4,100 6,300 6,200 6,300 6,300 6,300 6,300
Recreation Equipment$6,000
Office Equipment$300
80-800-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 22,278 3,178 3,200 3,200 1,000 1,000 1,000 1,000
80-800-56-00-5640 REPAIR AND MAINTENANCE 14,184 9,355 11,000 11,000 11,000 11,000 11,000 11,000
Maintenance Supplies$11,000
80-800-56-00-5645 BOOKS AND PUBLICATIONS 105 - 50 - 50 50 50 50
80-800-56-00-5695 GASOLINE - - 300 200 300 300 300 300
Total: Supplies $79,486 $55,080 $52,950 $52,100 $50,750 $53,450 $53,450 $53,450
Capital Outlay
80-800-60-00-6020 BUILDINGS AND STRUCTURES 99,837 - - - - - - -
Total: Capital Outlay $99,837 $0 $0 $0 $0 $0 $0 $0
Total: REC CTR EXPENSES $675,617 $633,279 $675,301 $690,581 $691,738 $711,738 $717,738 $723,738
Library Operations Fund(82)
The Yorkville Public Library provides the people of the community,from pre-school through maturity,with access to a collection of books and other materials which
will serve their educational,cultural and recreational needs. The Library board and staff strive to provide the community an environment that promotes the love of
reading.
FY 2011
FY2009 FY2010 Adopted FY2011 FY2012 FY2012 FY2013 FY2014
Actual Actual Budget Projected Adopted Amended Projected Projected
Revenue
Taxes 1,115,409 1,183,774 1,255,924 1,252,191 1,395,800 675,000 700,000 725,000
Intergovernmental 4,551 19,693 22,500 22,693 18,500 22,200 22,200 22,200
Licenses&Permits 65,400 31,100 40,000 17,650 - 8,000 8,000 8,000
Fines&Forfeits 9,531 11,503 9,000 13,906 20,000 13,000 13,000 13,000
Charges for Service 19,487 18,493 18,000 16,802 20,500 13,000 13,000 13,000
Investment Earnings 10,985 1,952 10,000 784 2,000 250 250 250
Reimbursements - 6,181 - - - - - -
Miscellaneous 3,183 6,113 4,500 7,687 6,500 5,500 5,500 5,500
Total Revenue 1,228,546 1,278,809 1,359,924 1,331,713 1,463,300 736,950 761,950 786,950
Expenditures
Salaries 428,161 486,675 650,000 501,500 475,000 434,000 434,000 434,000
Benefits 99,917 134,192 155,000 143,368 140,500 158,425 175,455 191,565
Contractual Services 129,909 152,280 258,500 192,000 116,800 105,100 105,100 105,100
Supplies 181,878 164,687 345,000 202,652 123,500 29,250 29,250 29,250
Contingencies 6,923 4,985 144,561 10,000 10,000 1,000 1,000 1,000
Debt Service 467,406 564,050 605,925 605,925 720,800 - - -
Other Financing Uses - - - - - 332,500 - -
Total Expenditures 1,314,193 1,506,868 2,158,986 1,655,445 1,586,600 1,060,275 744,805 760,915
Surplus(Deficit) (85,647) (228,059) (799,062) (323,732) (123,300) (323,325) 17,145 26,035
Ending Fund Balance 799,062 571,002 0 247,270 (158,223) (76,055) (58,910) (32,875)
14.9% -10.0% -7.2% -7.9% -4.3%
$1,000 Fund Balance
$500
0
L
~ $o
($500)
FY 2011
FY2009 FY2010 Adopted FY2011 FY2012 FY2012 FY2013 FY2014
Actual Actual Budget Projected Adopted Amended Projected Projected
Personnel
Full-time Personnel:
Library Director 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
Director of Adult Services 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
Director of Youth Services 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
Director of Technical Services 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
Circulation Manager 1_0 1_0 1_0 1_0 1_0 1_0 1_0 1_0
Total Full-time Personnel 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0
Part-time Personnel:
Library Clerks 30.0 30.0 30.0 30.0 26.0 26.0 26.0 26.0
Building Manager 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0
Custodian 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Total Part-Time Personnel 35.0 35.0 35.0 35.0 31.0 31.0 31.0 31.0
Total Personnel 40.00 40.00 40.00 40.00 36.00 36.00 36.00 36.00
United City of Yorkville
Library Fund
82
LIBRARY FUND REVENUE
FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014
Account Description Actual Actual Budget Projected Adopted Amended Projected Projected
Taxes
82-000-40-00-4005 PROPERTY TAXES-LIBRARY 652,085 622,624 650,000 663,101 675,000 675,000 700,000 725,000
82-000-40-00-4015 PROPERTY TAXES-DEBT SERVICE 463,324 561,150 605,924 589,090 720,800 - - -
Total: Taxes $1,115,409 $1,183,774 $1,255,924 $1,252,191 $1,395,800 $675,000 $700,000 $725,000
Intergovernmental
82-000-41-004120 PERSONAL PROPERTY TAX 4,551 5,139 5,000 5,500 5,000 5,000 5,000 5,000
82-000-41-004170 STATE GRANTS - 14,555 17,500 17,193 13,500 17,200 17,200 17,200
Libraryper Capita Grant$17,200
Total: Intergovernmental $4,551 $19,693 $22,500 $22,693 $18,500 $22,200 $22,200 $22,200
Licenses and Permits
82-000-42-004211 DEVELOPMENT FEES-BOOKS 32,700 15,550 20,000 8,825 - 8,000 8,000 8,000
82-000-42-004212 DEVELOPMENT FEES-BUILDING 32,700 15;550 20,000 8,825 - - - -
Total: Licenses and Permits $65,400 $31,100 $40,000 $17,650 $0 $8,000 $8,000 $8,000
Fines and Forfeits
82-00043-00-4330 LIBRARY FINES 9.,531 11,503 9,000 13,906 20,000 13,000 13.000 13,000
Total: Fines and Forfeits $9,531 $11,503 $9,000 $13,906 $20,000 $13,000 $13,000 $13,000
Charges for Services
82-000-44-00-4401 LIBRARY SUBSCRIPTION CARDS 16,758 14,720 15,000 13,419 17,000 8,000 8,000 8,000
82-000-44-004422 COPY FEES 2,729 3,773 3,000 3,383 3,500 3,000 3,000 3,000
82-000-44-004440 PROGRAM FEES - - - - - 2,000 2,000 2,000
Total: Charges for Services $19,487 $18,493 $18,000 $16,802 $20,500 $13,000 $13,000 $13,000
Investment Earnings
82-000-45-00-4500 INVESTMENT EARNINGS 10,985 1,952 WA00 784 2,000 250 250 250
Total: Investment Earnings $10,985 $1,952 $10,000 $784 $2,000 $250 $250 $250
Reimbursements
82-000-46-004682 REIMB-INSURANCE - 6,181 - - - - - -
Total: Reimbursements $0 $6,181 $0 $0 $0 $0 $0 $0
Miscellaneous
82-000-48-004820 RENTAL INCOME 1,101 1,239 1,000 1,296 2,500 1,500 1,500 1,500
Library Building Rental$1,500
82-000-48-004824 DVD RENTAL INCOME - - - 3,800 - 4,000 4,000 4,000
82-000-48-004832 MEMORIALS 1,363 4,451 3,000 2,200 3,500 - - -
82-000-48-004850 MISCELLANEOUS INCOME - - - 40 - - - -
Exam Proctoring-FY2011
82-00048-004881 SALE OF BOOKS 719 423 500 350 500 - - -
Total: Miscellaneous $3,183 $6,113 $4,500 $7,687 $6,500 $5,500 $5,500 $5,500
Total: LIBRARY FUND REVENUE $1,228,546 $1,278,809 $1,359,924 $1,331,713 $1,463,300 $736,950 $761,950 $786,950
United City of Yorkville
Library Fund
820
LIBRARY FUND EXPENDITURES
FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014
Account Description Actual Actual Budget Projected Adopted Amended Projected Projected
Salaries
82-820-50-00-5010 SALARIES AND WAGES 428,161 486,675 650,000 501,500 475,000 241,000 241,000 241,000
82-820-50-00-5015 PART-TIME SALARIES - - - - - 193,000 193,000 193,000
Total: Salaries $428,161 $486,675 $650,000 $501,500 $475,000 $434,000 $434,000 $434,000
Benefits
82-820-52-00-5212 RETIREMENT PLAN CONTRIBUTION 14,704 19,866 22,000 21,605 22,500 22,500 25,000 25,000
82-820-52-00-5214 FICA CONTRIBUTION 32,754 36,691 55,000 37,900 40,000 40,000 40,000 40,000
82-820-52-00-5216 GROUP HEALTH INSURANCE. 47,457 70,805 70,000 76,500 70,000 87,975 101,171 116,347
82-820-52-00-5222 GROUP LIFE INSURANCE 992 1,240 2,000 1,200 2,000 1,000 1,500 1,500
82-820-52-00-5223 DENTAL&VISION INSURANCE 4,010 5,589 6,000 6,163 6,000 6,950 7,784 8,718
Total: Benefits $99,917 $134,192 $155,000 $143,368 $140,500 $158,425 $175,455 $191,565
Contractual Services
82-820-54-00-5412 TRAINING&CONFERENCES 3,421 358 5,000 1,000 800 - - -
82-820-54-00-5415 TRAVEL AND LODGING 989 566 1,000 1,000 500 500 500 500
Mileage$500
82-820-54-00-5423 PUBLIC RELATIONS - 663 2,000 500 1,000 - - -
82-820-54-00-5426 PUBLISHING&ADVERTISING 63 29 2,000 500 500 100 100 100
82-820-54-00-5440 TELECOMMUNICATIONS 4,218 5,198 8,000 10,000 5,000 8,500 8,500 8,500
82-820-54-00-5452 POSTAGE&SHIPPING 1,156 1,738 2,500 2,500 2,000 2,000 2,000 2,000
82-820-54-00-5460 DUES AND SUBSCRIPTIONS 5,205 18,046 30,000 20,000 20,000 14,000 14,000 14,000
Database$7,000
Subscriptions$7,400
82-820-54-00-5462 PROFESSIONAL SERVICES 22,496 20,090 45,000 39,500 44,000 29,000 29,000 29,000
Contractual Services$25,000
Banding Fees$4,000
82-820-54-00-5466 LEGAL SERVICES 595 2,125 10,000 3,500 5,000 2,000 2,000 2,000
82-820-54-00-5468 AUTOMATION 38,933 24,973 40,000 45,500 - 30,000 30,000 30,000
82-820-54-00-5480 UTILITIES 15,454 12,009 48,000 20,000 15,000 15,000 15,000 15,000
Electricity$5,000
Gas$10,000
82-820-54-00-5485 RENTAL&LEASE PURCHASE 1,638 2,442 15,000 3,000 3,000 - - -
82-820-54-00-5489 BUILDING-DEVELOPMENT FEES 6;850 16,171 20,000 20,000 - - - -
82-820-54-00-5495 OUTSIDE REPAIR AND MAINTENANCE 28,892 47,872 30,000 25,000 20,000 4,000 4,000 4,000
Maintenance-Bldg&Janitorial$4,000
Total: Contractual Services $129,909 $152,280 $258,500 $192,000 $116,800 $105,100 $105,100 $105,100
Supplies
82-820-56-00-5610 LIBRARY SUPPLIES 15,808 13,889 35,000 9,000 10,000 8,000 8,000 8,000
82-820-56-00-5620 OPERATING SUPPLIES 8,932 11,104 15,000 12,000 16,000 9,000 9,000 9,000
Custodial Supplies$9,000
82-820-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 12,188 4,276 20,000 8,500 2,000 - - -
82-820-56-00-5640 REPAIR AND MAINTENANCE 6,404 2,506 20,000 3,000 3,000 - - -
82-820-56-00-5671 LIBRARY PROGRAMMING 11,126 10,137 20,000 15,000 10,000 2,000 2,000 2,000
82-820-56-00-5676 EMPLOYEE RECOGNITION 1,194 1,113 4,000 - - - - -
82-820-56-00-5680 ADULT BOOKS 20,412 20,213 50,000 40,000 15,000 - - -
82-820-56-00-5681 .JUVENILE BOOKS 19,724 40,325 50,000 50,000 30,000 - - -
82-820-56-00-5682 REFERENCE BOOKS 21,716 24,097 35,000 20,000 20,000 - - -
82.820-56-00-5683 AUDIO BOOKS 11,708 8,176 30,000 17,500 5,000 - - -
82-820-56-00-5684 COMPACT DISCS AND OTHER MUSIC 6,645 2,963 15,000 4,000 3,000 - - -
82-820-56-00-5685 DVD'S 4,961 4,750 25,000 10,000 5,000 2,000 2,000 2,000
United City of Yorkville
Library Fund
820
LIBRARY FUND EXPENDITURES
FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014
Account Description Actual Actual Budget Projected Adopted Amended Projected Projected
82-820-56-00-5686 BOOKS-DEVELOPMENT FEES 38,068 16,638 20,000 8,652 - 8,000 8,000 8,000
82-820-56-00-5698 MEMORIALS AND GIFTS 2,844 4;416 3,000 3,000 3,500 - - -
82-820-56-00-5699 MISCELLANEOUS 147 83 3,000 2,000 1,000 250 250 250
Meeting Room$250
Total: Supplies $181,878 $164,687 $345,000 $202,652 $123,500 $29,250 $29,250 $29,250
Contingencies
82-820-70-00-7799 CONTINGENCIES 6,923 4,985 144,561 10,000 10,000 1,000 1,000 1,000
Total: Contingencies $6,923 $4,985 $144,561 $10,000 $10,000 $1,000 $1,000 $1,000
Debt Service-2005B Bond
82-820-83-00-8000 PRINCIPLE PAYMENT 25,000 25,000 75,000 75,000 175,000 - - -
82-820-83-00-8050 INTEREST PAYMENT 321,106 320,125 319,125 319,125 316,125 - - -
Total: Debt Service-2005B Bond $346,106 $345,125 $394,125 $394,125 $491,125 $0 $0 $0
Debt Service-2006 Bond
82-820-84-00-8000 PRINCIPLE PAYMENT 50,000 150,000 150,000 150,000 175,000 - - -
82-820-84-00-8050 INTEREST PAYMENT 71,300 68,925 61,800 61,800 54,675 - - -
Total: Debt Service-2006 Bond $121,300 $218,925 $211,800 $211,800 $229,675 $0 $0 $0
Other Financing Uses
82-820-99-00-9984 TRANSFER TO LIBRARY DEVLP FEE - - - - - 332,500 - -
Total: Other Financing Uses $0 $0 $0 $0 $0 $332,500 $0 $0
Total: LIBRARY EXPENDITURES $1,314,193 $1,506,868 $2,158,986 $1,655,445 $1,586,600 $1,060,275 $744,805 $760,915
Library Debt Service Fund(83)
The Library Debt Service Fund accumulates monies for payment of the 2005B and 2006 bonds,which were issued to finance construction of the Library building.
FY 2011
FY2009 FY2010 Adopted FY2011 FY2012 FY2012 FY2013 FY2014
Actual Actual Budget Projected Adopted Amended Projected Projected
Revenue
Taxes 720,800 795,488 771,763
Total Revenue 720,800 795,488 771,763
Expenditures
Debt Service 720,800 795,488 771,763
Total Expenditures 720,800 795,488 771,763
Surplus(Deficit) - - -
Ending Fund Balance 0 0 0 0 0 0 0 0
N $0 Fund Balance
$0
0
$0
$0
$0
$0
United City of Yorkville
Library Debt Service Fund
82
LIBRARY DEBT SERVICE FUND REVENUE
FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014
Account Description Actual Actual Budget Projected Adopted Amended Projected Projected
Taxes
83-000-40-00-4015 PROPERTY TAXES - - - - - 720,800 795,488 771,763
Total: Taxes $0 $0 $0 $0 $0 $720,800 $795,488 $771,763
Total: LIBRARY D/S FUND REVENUE $0 $0 $0 $0 $0 $720,800 $795,488 $771,763
United City of Yorkville
Library Debt Service Fund
820
LIBRARY DEBT SERVICE FUND EXPENDITURES
FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014
Account Description Actual Actual Budget Projected Adopted Amended Projected Projected
Debt Service-2005B Bond
83-830-83-00-8000 PRINCIPLE PAYMENT - - - - - 175,000 290,000 335,000
83-830-83-00-8050 INTEREST PAYMENT - - - - - 316,125 309,125 297,525
Total: Debt Service-2005B Bond 50 $0 $0 $0 $0 $491,125 $599,125 $632,525
Debt Service-2006 Bond
83-830-84-00-8000 PRINCIPLE PAYMENT - - - - - 175,000 150,000 100,000
83-830-84-00-8050 INTEREST PAYMENT - - - - - 54,675 46,363 39,238
Total: Debt Service-2006 Bond $0 $0 $0 $0 $0 $229,675 $196,363 $139,238
Total: LIBRARY D/S EXPENDITURES UO ift 10— io_ io_ 72$ 0,800 79$ 5,488 77$ 1,763
Library Development Fee Fund(84)
The Library Development Fee Fund derives its revenue from monies collected from building permits. The revenue is used for Library building maintenance and
associated capital purchases.
FY 2011
FY2009 FY2010 Adopted FY2011 FY2012 FY2012 FY2013 FY2014
Actual Actual Budget Projected Adopted Amended Projected Projected
Revenue
Licenses&Permits 8,000 8,000 8,000
Investment Earnings 500 500 500
Other Financing Sources 332,500 - -
Total Revenue 341,000 8,500 8,500
Expenditures
Capital Outlay 4,000 4,000 4,000
Total Expenditures 4,000 4,000 4,000
Surplus(Deficit) 337,000 4,500 4,500
Ending Fund Balance 0 0 0 0 0 337,000 341,500 346,000
„ $400 Fund Balance
m
$300
r $200
$100
$0 -- — 0 z
United City of Yorkville
Library Development Fee Fund
82
LIBRARY DVLP FEE FUND REVENUE
FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014
Account Description Actual Actual Budget Projected Adopted Amended Projected Projected
Licenses and Permits
84-000-42-00-4212 DEVELOPMENT FEES-BUILDING - - - - - 8,000 8,000 8,000
Total: Licenses and Permits SO $0 $0 $0 $0 $8,000 $8,000 $8,000
Investment Earnings
84-000-45-00-4500 INVESTMENT EARNINGS - - - - - 500 500 500
Total: Investment Earnings $0 $0 $0 $0 $0 $500 $500 $500
Other Financing Sources
84-000-49-00-4982 TRANSFER FROM LIBRARY OPS - - - - - 332,500 - -
Total: Other Financing Sources $0 $0 $0 $0 $0 $332,500 $0 $0
Total: LIBRARY DVLP FEE REVENUE $0 $0 $0 $0 $0 $341,000 $8y00 $8,500
United City of Yorkville
Library Development Fee Fund
820
LIBRARY DVLP FEE FUND EXPENDITURES
FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 FY 2012 FY 2013 FY 2014
Account Description Actual Actual Budget Projected Adopted Amended Projected Projected
Contractual Services
84-840-60-00-6020 BUILDINGS AND STRUCTURES - - - - - 4,000 4,000 4,000
Total: Contractual Services $0 $0 $0 $0 $0 $4,000 $4,000 $4,000
Total: LIBRARY DVLP FEE EXP SO $0 $0 $0 $0 $4100 $4100 $4,000
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO. 2011-
ORDINANCE APPROVING THE REVISION OF THE
2011-2012 FISCAL BUDGET
FOR THE UNITED CITY OF YORKVILLE
WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE
have duly considered revision of the budget for the 2011-2012 Fiscal Year; and
WHEREAS, a revised budget was available for examination at the City offices of the
UNITED CITY OF YORKVILLE and posted on the city's website; and
WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE
deem it in the best interest of the City for the orderly operation thereof to pass and
approve the revised 2011-2012 Fiscal Year Budget being submitted on July 26, 2011 at
its regular City Council Meeting:
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois that the revision of the 2011-2012
Fiscal Budget as presented is hereby adopted for the 2011-2012 Fiscal Year.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of , A.D. 2011.
CITY CLERK
ROSE ANN SPEARS DIANE TEELING
GEORGE GILSON JR. JACKIE MILSCHEWSKI
CARLO COLOSIMO MARTY MUNNS
CHRIS FUNKHOUSER LARRY KOT
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this day of , A.D. 2011.
MAYOR