Ordinance 2006-146 AN ORDINANCE of the United City of Yorkville, Kendall County,
Illinois, authorizing, directing, and certifying a supplemental levy
to the County Clerk of The County of Kendall, Illinois, to pay the
principal of and interest on certain bonds of the City for which
taxes were levied but not extended.
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City "), is a duly
organized municipality operating under the provisions of the Illinois Municipal Code, and all
laws amendatory thereof and supplementary thereto (the "Code "); and
WHEREAS, under the provisions of the Code and otherwise under applicable law, the City
has in the past levied and currently levies taxes for municipal purposes upon all of the taxable
real property located within the corporate limits of the City; and
WHEREAS, pursuant to the provisions of the Property Tax Code of the State of Illinois,
and all laws amendatory thereof and supplementary thereto (the "Property Tax Code "), the
County Clerk of The County of Kendall, Illinois (the "County Clerk "), estimates and determines
the rate percent upon the equalized assessed value of the taxable property in the City that will
produce not less than the net amount of the several sums that will be required and levied by the
City and as certified to the County Clerk, subject only that the County Clerk shall not extend a
tax levy made by the City based on a rate in excess of the rate authorized by statute or
referendum; and
WHEREAS, on the 26th day of July, 2005, the City Council of the City (the "City
Council") adopted an ordinance entitled:
AN ORDINANCE providing for the issuance of $7,250,000 General
Obligation Library Bonds, Series 2005B, of the United City of
Yorkville, Kendall County, Illinois, and providing for the levy and
collection of a direct annual tax sufficient for the payment of the
principal of and interest on said bonds.
s ob K, nF KEND
2
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✓� County Clerk
�`'. �€•r r '$' Kendall COunty
(the "Bond Ordinance ") pursuant to which the City Council authorized the issuance of general
obligation bonds for the purpose of improving and equipping the existing Yorkville Public
Library (the "Bonds"); and
WHEREAS, Section I I of the Bond Ordinance levied taxes in the years 2005 through 2023
for the payment of the Bonds; and
WHEREAS, pursuant to the Bond Ordinance, the City Clerk of the City (the "City Clerk ")
filed the Bond Ordinance with the County Clerk, receipt of which was acknowledged by the
County Clerk on July 27, 2005; and
WHEREAS, the County Clerk did not extend the 2005 taxes payable in 2006 for the
payment of the Bonds, said amount required to have been extended being $454,035.07; and
WHEREAS, the City has the authority to adopt a supplemental levy, in accordance with the
Property Tax Code and the Local Government Debt Reform Act, as amended, causing the
amount of taxes which should have been extended but were not extended or collected, to be
added as a separate line item to all 2006 real property tax bills, collectible in 2007; and
WHEREAS, it was the duty of the County Clerk to extend said taxes for the Bonds:
Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville,
Kendall County, Illinois, as follows:
Section 1. The preambles to this Ordinance are hereby found and determined to be
true, correct and complete and are hereby incorporated into the text of this Ordinance by this
reference as if set out herein at length.
Section 2. The City does hereby levy for the year 2006 (collectible in the year
2007) and does further authorize, direct, and certify the following supplemental levy to the
County Clerk, which levy shall be extended against all the taxable property of the City in the
following amount for the purpose of correcting the above - mentioned failure to extend taxes:
-2-
LEVY FOR - EXTENSION AMOUNT ($)
PRINCIPAL AND INTEREST ON THE BONDS 454,035.07
Said amount levied shall be in addition to and in excess of the amount levied by the City for the
year 2006 (collectible in the year 2007).
Section 3. The City Clerk is hereby directed to file a certified copy of this
Ordinance with the County Clerk, and such filing shall constitute full and complete authority for
the County Clerk to extend and collect the above - mentioned amount as levied for the year 2006
(collectible in the year 2007) by the City Council.
Section 4. If any section, paragraph or provision of this Ordinance shall be held to
be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect
any of the remaining provisions of this Ordinance.
-3-
Section 5. All ordinances, resolutions, and orders, or parts thereof, in conflict
herewith, are to the extent of such conflict hereby superseded; and this Ordinance shall be in full
force and effect immediately upon its passage and approval.
ADOPTED by the City Council on the 12th day of December, 2006, pursuant to a roll call
vote as follows:
PAUL JAMES A- , MARTY MUNNS
JASON LESLIE JAMES BOCK
VALERIE BURD l ROSE SPEARS
DEAN WOLFER JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the
12th day of December, 2006.
MAYOR r
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the
12th day of December, 2006.
Attes .
CIA CLERK
-4-
Alderman 4 moved and Alderman C—
seconded the motion that said ordinance as presented and read by title by the City Clerk be
adopted.
After a full discussion thereof, the Mayor directed that the roll be called for a vote upon
the motion to adopt said ordinance as read.
Upon the roll being called, the following Aldermen voted AYE:
� J 4
NAY:
Whereupon the Mayor declared the motion carried and said ordinance adopted, signed
the same in open meeting and directed the City Clerk to record the same in the records of the
City Council of the United City of Yorkville, Kendall County, Illinois, which was done.
Other business not pertinent to the adoption of said ordinance was duly transacted at the
meeting.
Upon motion duly made, seconded and carried, the meeting was adjourned.
11
% City Clerk
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
CERTIFICATION OF RESOLUTION AND MINUTES
I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of
the United City of Yorkville, Kendall County, Illinois (the "City"), and as such official I am the
keeper of the official journal of proceedings, books, records, minutes and files of the City and of
the City Council (the "City Council ") thereof.
I do further certify that the foregoing is a full, true and complete transcript of that portion
of the minutes of the meeting of the City Council held on the 12th day of December, 2006
insofar as the same relates to the adoption of an ordinance, entitled:
AN ORDINANCE of the United City of Yorkville, Kendall County,
Illinois, authorizing, directing, and certifying a supplemental levy
to the County Clerk of The County of Kendall, Illinois, to pay the
principal of and interest on certain bonds of the City for which
taxes were levied but not extended.
a true, correct and complete copy of which said ordinance as adopted at said meeting appears in
the foregoing transcript of the minutes of said meeting.
I do further certify that the deliberations of the City Council on the adoption of said
ordinance were taken openly; that the vote on the adoption of said ordinance was taken openly;
that said meeting was held at a specified time and place convenient to the public; that notice of
said meeting was duly given to ail newspapers, radio or television stations and other news media
requesting such notice; that an agenda for said meeting was posted at the location where said
meeting was held and at the principal office of the City Council at least 4 hours in advance of
the holding of said meeting; that said agenda contained a separate specific item concerning the
proposed adoption of said ordinance; a true, correct and complete copy of said agenda as so
posted being attached to this certificate as Exhibit A; that said meeting was called and held in
strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as
amended, and the Illinois Municipal Code, as amended, and that the City Council has complied
with all of the provisions of said Act and said Code and with all of the procedural rules of the
City Council in the adoption of said ordinance.
IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this
12th day of December, 2006.
City Clerk
[SEAL]
[Attach Exhibit A]
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL }
FILLING CERTIFICATE
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of The County of Kendall, Illinois, and as such official I do further certify that on the /."5
of December, 2006, there was filed in my office a duly certified copy of an ordinance entitled:
AN ORDINANCE of the United City of Yorkville, Kendall County,
Tll iiviu, uu v „thor u
i`ing rlirn..ntincr nnrrl ne a a rtifvin g»nnlPmPntal lPvv
, `• •• `J "'b YY "` " ""' " "" J
to the County Clerk of The County of Kendall, Illinois, to pay the
principal of and interest on certain bonds of the City for which
taxes were levied but not extended.
duly adopted by the City Council of the United City of Yorkville, Kendall County, Illinois, on
the 12th day of December, 2006, and that the same has been deposited in the official files and
records of my office.
IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of said County,
this day of December, 2006.
p
County Clerk
i '
[SEAL] c'm
fir( G
t r United City ®f Yorkville
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M 800 Game Farm Road
`' ='`_—_ Yorkville, Illinois 60560
F Telephone: 630 - 553 -4350
Fax: 630 -553 -7575
u.,m scm 0 r
AGENDA
CITE' COUNCIL MEETING
CITE' COUNCIL CHAMBERS
7:00 PM
Tuesday, December 12, 2006
Call to Order:
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Paul James Valerie Burd Marty Munns Joe Besco
Jason Leslie Dean Wolfer James Bock Rose Ann Spears
Establishment of Quorum:
Introduction of Guests:
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting:
Committee of the Whole
7:00 p.m., Tuesday, December 19, 2006
City Hall Conference Room
Economic Development Committee:
Committee of the Whole
7:00 p.m., Tuesday, December 19, 2006
City Hall Conference Room
Administration Committee Meeting:
Committee of the Whole
7:00 p.m., Tuesday, January 2, 2007
City Hall Conference Room
Public Safetv Committee Meetinff:
Committee of the Whole
7:00 p.m., Tuesday, January 2, 2007
City Hall Conference Room
Presentations: None
City Council Meeting Agenda
December 12, 2006
Page 2
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Public Hearings:
1. Silver Fox Special Service Area 2006-114
2. Evergreen Farm Special Service Area 2006-115
3. Aspen Ridge Special Service Area 2006-116
4. Chally Special Service Area 2006-117
5. Yorkwood Estates Special Service Area 2006-118
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Citizen Comments:
Consent Agenda:
1. PS 2006-47 Police Reports for November 2006
2. ADM 2006-88 Monthly Treasurer's Report for October 2006
3. ADM 2006-90 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003-100
(Raintree Village Project) and Approving the Amended Special Tax Roll - authorize Mayor and City
Clerk to execute
4. ADM 2006-91 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2003-101
(Windett Ridge Project) and Approving the Amended Special Tax Roll - authorize Mayor and City
Clerk to execute
5. ADM 2006-92 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004-104
Central Grande Reserve and Approving the Amended Special Tax Roll - authorize Mayor and City
Clerk to execute
6. ADM 2006-93 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004-106
Total Grande Reserve - authorize Mayor and City Clerk to execute
7. ADM 2006-94 Ordinance Abating Special Service Area Taxes for Special Service Area Number 2004-107
(Raintree Village 11 Project) - authorize Mayor and City Clerk to execute
8. ADM 2006-95 An Ordinance of the United City of Yorkville, Kendall County, Illinois, authorizing,
directing, and certifying a supplemental levy to the County Clerk of The County of Kendall, Illinois, to
pay the principal of and interest on certain bonds of the City for which taxes were levied but not
extended - authorize Mayor and City Clerk to execute
9. ADM 2006-96 Wolf & Co. Engagement Letter - approve agreement as presented
10. ADM 2006-97 Azavar Agreement - approve agreement as presented
11. ADM 2006-99 Resolution Approving a Check Replacement Policy - authorize Mayor and City Clerk
to execute
12. COW 2006-11 IDOT Highway Permit and Resolution — Kendall Marketplace - authorize Mayor and City
Clerk to execute
13. COW 2006-12 Kendall Marketplace Bond Council Engagement Letter - approve agreement with Foley &
Lardner, LLP as presented and authorize Mayor and City Clerk to execute
City Council Meeting Agenda
December 12, 2006
Page 3)
Plan Commission / Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council — August 8, 2006
Minutes of Committee of the Whole — November 21, 2006
Bill payments for approval from the current Bill List (Corrections and Additions):
Checks total these amounts:
$ 1,931,833.33 (vendors)
$ 207,255.68 (payroll period ending 11/25/06)
$ 2,139,089.01 (total)
Reports:
Mayor's Report:
1. Coffee with the Mayor: December 16 at Cellular Connection, 288 E. Veteran's Parkway from
10:00 a.m. until Noon
2. Proclamation for Drunk and Drugged Driving Prevention Month
3. CC 2006 -05 Beecher Building Roof Repairs
4. COW 2006 -13 Kendall Marketplace Business District
ll,. Tl L I'7'i l 7__ '17 K en d all 11 M ar k etplace i
a. An vi inane Designating T vili te City o� Yorkville Kendal Marketplace Business District
and Imposing a Retailers' Occupation Tax and Service Occupation Tax Therein
b. An Ordinance Providing for the Issuance of United City of Yorkville, Kendall County,
Illinois Business District Revenue Bonds, Series 2007 (Storm Water/Water Improvement
Proj ect)
City Council Report:
City Attorney's Report:
City Clerk's Report:
City Treasurer's Report:
City Administrator's Report:
Finance Director's Report:
Director of Public Works Report:
Chief of Police Report:
Director of Parks & Recreation Report:
Community Development Director Re
Community Relations Manager:
Community & Liaison Report:
City Council Meeting Agenda
December 12, 2006
Page 4
Committee Deports:
Public Works Committee Report:
1. No Report.
Economic Development Committee Deport:
1. No Report.
Public Safetv Committee Deport:
1. PS 2006 -45 Resolution Authorizing an Advisory Question of Public Policy Overnight Parking Ban
Administration Committee Deport:
1. ADM 2006 -89 Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning
May 1, 2007 and Ending April 30, 2008
2. ADM 2006 -98 NIMEC Agreement
Additional Business:
Adjournment:
COMMITTEES, MEMBERS AND RESPONSIBILITIES
--------------------------------------
PUBLIC WORDS;
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Committee Departments Liaisons
Chairman: Alderman Besco Water and Sewer Park Board
Committee: Alderman Munns Streets and Alleys YBSD
Committee: Alderman Wolfer Sanitation and Waste
Committee: Alderman James
---------- - ---- - ----------------------------------------------------
';ECONOM1C DEVEL0PMENT1
------------------------------------ ----------------- ------------------------------------------------------------------
Committee Departments Liaisons
Chairman: Alderman Munns Planning & Building & Zoning Chamber of Commerce
Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev.
Committee: Alderman Besco Plan Commission
Committee: Alderman Leslie Bristol Plan Commission
Yorkville Econ. Dev. Corp.
Aurora Area Convention &
Tourism Council
Downtown Re- development
City Council Meeting Agenda
December 12, 2006
Page 5
COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't)
---- --------------------
Ric SAI+ ETA'
_ ______ _ __ =---------------------------------------------------------------------------------------------------------------------------
- - - - - - - - -- -------------------------------------------
Committee Departments Liaisons
Chairman: Alderwoman Spears Police Human Resource Comm.
Committee: Alderman Wolfer Schools School District
Committee: Alderman Leslie Public Relations KenCom
Committee: Alderman Bock
---------------------------------------- - - - - -;
ADMINIST_ TION
Committee Departments Liaisons
Chairman: Alderman James Finance Metra
Committee: Alderwoman Spears Public Properties Library
Committee: Alderwoman Burd Personnel Cable Consortium
Committee: Alderman Bock
�� ♦��` United City of Yorkville
800 Game Farm Road
EST. � 1836 Yorkville Illinois 60560
o ( Telephone: 63- 553 -4350
O
r
December 14, 2006
Kendall County Clerk and Recorder
Paul Anderson
111 W. Fox Street
Yorkville, IL 60560 -1498
Dear Mr. Anderson,
Please let this letter serve as a notice to collect an additional $321,125
per the United City of Yorkville's ordinance number 2005 -65 for the
General Obligation Library Bond. This is in addition to the $2,438,456
2006 -2007 tax levy filed with this letter.
Please also note the City's $454,035.07 Supplemental Levy also filed
with this letter, which is in addition to the two amounts listed above.
If you should need additional information, please contact me and I will
provide additional documentation as needed.
if you should have any questions or concerns, please do not hesitate to
contact me at 630.553.8534.
Sincerely,
Susan M. Mika
Finance Director