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Ordinance 2002-06 t � ' ORDINANCE No.a-) ab AN ORDINANCE authorizing the execution and delivery of an Intergovernmental Cooperation Agreement and certain documents in connection therewith; and related matters. WHEREAS, the United City of Yorkville, Kendall County, Illinois, is a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois (the "Municipality"); and WHEREAS, pursuant to the Constitution and the laws of the State of Illinois, and particularly 65 Illinois Compiled Statutes 2000, 5/11-74.5-1 et seq., as supplemented and amended (the "Act"), the Municipality is authorized to issue its revenue bonds in order to aid in providing an adequate supply of safe, decent and sanitary residential housing for low and moderate income persons and families within the Municipality, which such persons and families can afford, which constitutes a valid public purpose for the issuance of revenue bonds by the Municipality; and WHEREAS, the Municipality has now determined that it is necessary, desirable and in the public interest to issue revenue bonds to provide an adequate supply of safe, decent and sanitary residential housing for low and moderate income persons and families within the Municipality, which such persons and families can afford; and WHEREAS, pursuant to Section 10 of Article VII of the 1970 Constitution of the State of Illinois, the Intergovernmental Cooperation Act (5 Illinois Compiled Statutes 2000, 220/1 et seq., as supplemented and amended), public agencies may exercise and enjoy with any other public agency in the State of Illinois any power, privilege or authority which may be exercised by such public agency individually, and pursuant to the Act, one or more municipalities (whether or not any of them are home rule units) may join together or cooperate with one another in the exercise, ' either jointly or otherwise, of any one or more of the powers conferred by the Act or other enabling acts or powers pursuant to a written agreement, and, accordingly, it is now determined 3 1 � ' that it is necessary, desirable and in the public interest for the Municipality to enter into an Inter- governmental Cooperation Agreement (the "Cooperation Agreement") dated as of April 1, 2002, by and among the Municipality and certain other municipalities named therein (the "Municipalities"), to provide for the joint issuance of such revenue bonds to aid in providing an adequate supply of residential housing in such Municipalities (the "Program"); and WHEREAS, to provide for the Program, the City of Aurora, Kane, DuPage, Will and Kendall Counties, Illinois, and the City of Springfield, Sangamon County, Illinois, jointly (the "Issuers"), propose to issue, sell and deliver their Collateralized Single Family Mortgage Revenue Bonds, Series 2002 in an aggregate principal amount not to exceed $250,000,000 (the "Bonds") in one or more series to obtain funds to finance the acquisition of mortgage-backed securities (the "GNMA Securities") of the Government National Mortgage Association ("GNMA"), evidencing a guarantee by GNMA of timely payment, the acquisition of mortgage- ' backed securities (the "FNMA Securities') of the Federal National Mortgage Association ("FNMA"), evidencing a guarantee by FNMA of timely payment, and the acquisition of mortgage-backed securities (the "FHLMC Securities") of the Federal Home Loan Mortgage Corporation ("FHLMC"), evidencing a guarantee by FHLMC of timely payment, of monthly principal of and interest on certain qualified mortgage loans under the Program (the "Mortgage Loans"), on behalf of the Municipality and the other Municipalities all under and in accordance with the Constitution and the laws of the State of Illinois; and WHEREAS, the City Clerk of the Municipality has caused a notice of public hearing with respect to the plan of finance of the costs of the Program through the issuance of the Bonds to be published in The Beacon News, a newspaper of general circulation in the Municipality, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), on March 1, ' 2002, and appropriately designated hearing officers of the City of Aurora, Kane, DuPage, Will -2- , S f r ' and Kendall Counties, Illinois, the City of Belleville, St. Clair County, Illinois, the City of Champaign, Champaign County, Illinois, and the City of East Moline, Rock Island County, Illinois, have conducted said combined public hearing on March 18, 2002; and WHEREAS, a form of the Cooperation Agreement has been presented to and is before this meeting; Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That it is the finding and declaration of the City Council of the Municipality that the issuance of the Bonds by the Issuers is advantageous to the Municipality, as set forth in the preamble to this authorizing ordinance, and therefore serves a valid public purpose; that this authorizing ordinance is adopted pursuant to the Constitution and the laws of the State of Illinois, and more particularly the Act, Section 10 of Article VII of the 1970 Constitution of the State of ' Illinois and the Intergovernmental Cooperation Act; that the determination and definition of "maximum home value," "minimum home value," "persons of low and moderate income" and the other standards required by the Act are set forth in the origination and servicing agreement referred to in the Cooperation Agreement; and that, by the adoption of this authorizing ordinance, the City Council of the Municipality hereby approves the issuance of the Bonds for the purposes as provided in the preamble hereto, the text hereof and the notice of public hearing referred to in the preamble hereto, which notice is hereby incorporated herein by reference, and the conduct of the combined public hearing referred to in the preamble hereto, which public approval shall satisfy the provisions of Section 147(f) of the Code. Section 2. That the form, terms and provisions of the proposed Cooperation Agreement be, and they are hereby, in all respects approved; that the Mayor of the Municipality be, and is hereby, authorized, empowered and directed to execute, and the City Clerk of the -3- s i i 1 Municipality be, and is hereby, authorized, empowered and directed to attest and to affix the official seal of the Municipality to, the Cooperation Agreement in the name and on behalf of the Municipality, and thereupon to cause the Cooperation Agreement to be delivered to the other Municipalities; that the Cooperation Agreement is to be in substantially the form presented to and before this meeting and hereby approved or with such changes therein as shall be approved by the officer of the Municipality executing the Cooperation Agreement, his or her execution thereof to constitute conclusive evidence of his or her approval of any and all changes or revisions therein from the form of Cooperation Agreement before this meeting; that from and after the execution and delivery of the Cooperation Agreement, the officers, officials, agents and employees of the Municipality are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Cooperation Agreement as executed; and that the Cooperation Agreement ' shall constitute and is hereby made a part of this authorizing ordinance, and a copy of the Cooperation Agreement shall be placed in the official records of the Municipality, and shall be available for public inspection at the principal office of the Municipality. Section 3. That the Mayor, the City Clerk and the proper officers, officials, agents and employees of the Municipality are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents and certificates as may be necessary to carry out and comply with the provisions of the Cooperation Agreement and to further the purposes and intent of this authorizing ordinance, including the preamble to this authorizing ordinance. Section 4. That all acts of the officers, officials, agents and employees of the Municipality heretofore or hereafter taken, which are in conformity with the purposes and intent of this authorizing ordinance and in furtherance of the issuance and sale of the Bonds, be, and the r -4- s rsame hereby are, in all respects, ratified, confirmed and approved, including without limitation the publication of the notice of public hearing. Section S. That the Municipality hereby allocates all unified volume cap received or to be received by the Municipality from the Office of the Governor of the State of Illinois, if any, pursuant to the request made by the Municipality on January 2, 2002, to the issuance of the Bonds; and that the Municipality, by the adoption of this authorizing ordinance, hereby represents and certifies that such volume cap has not been allocated to any other bond issue or transferred back to the Office of the Governor or otherwise. Section 6. That after the Cooperation Agreement is executed by the Municipality, this authorizing ordinance shall be and remain irrepealable until the Bonds and the interest.thereon shall have been fully paid, cancelled and discharged. Section 7. That the provisions of this authorizing ordinance are hereby declared to be ' separable, and if any section, phrase or provision of this authorizing ordinance shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions of this authorizing ordinance. Section 8. That all ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this authorizing ordinance are, to the extent of such conflict, hereby superseded; and that this authorizing ordinance shall be in full force and effect upon its adoption and approval as provided by law. r -5- ,. r ' IN WITNESS WHEREOF, this Ordinance has been enacted this 9`h day of April, 2002. \ PAUL JAMES MARTY MUNNS RICHARD STICKA _ MIKE ANDERSON VALERIE BURR _ ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 9`h day of April, 2002. Approved: � y r Arthur F. Prochaska Jr. MAYOR t [SEAL] PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this 9`"day of April, 2002. Attest: 'Acquely4 Milschewski CITY CLERK -6- ' fCouncil Member moved, and Council Memb seconded the motion, that said ordinance as presented and read 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 members of the City Council voted: AYE: NAY: ABSENT OR NOT VOTING: Whereupon the Mayor declared the motion carried and said ordinance adopted, and hereforth did approve and sign the same in open meeting, and did direct the City Clerk to record the same in full in the records of the City Council of the United City of Yorkville, Kendall County, Illinois. (Other Business) Upon motion duly made and seconded, the meeting was adjourned. [SEAL] Jac elyn lschewski CITY CLERK 1 -7- r STATE OF ILLINOIS ) SS. COUNTY OF KENDALL ) 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, and as such officer I am the keeper of the records and files of the City Council of said City. I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the legally convened meeting of said City Council of said City held on the 9th day of April, 2002, insofar as same related to the adoption of an ordinance entitled: AN ORDINANCE authorizing the execution and delivery of an Intergovernmental Cooperation Agreement and certain documents in connection therewith; and related matters. a true, correct and complete copy of which said ordinance as adopted at the same meeting appears in the foregoing transcript of the minutes of said meeting. I do hereby further certify that the deliberations of the City Council of said City 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 called and held at a specified time and place convenient to the i public; that notice of said meeting was duly given to all the 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 of said City at least forty-eight (48) hours in advance of the holding of said meeting; and that said meeting was called and held in strict accordance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and with the provisions of the Illinois Municipal Code, as amended, and that said City Council has complied with all of the applicable provisions of said Act and said Code and its procedural rules in the adoption of said ordinance. I do further certify that said ordinance was published in pamphlet form on the day of 2002, by authority of said City Council. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the seal of said City, this—� day of , 2002. acquel Milschewski CITY CLERK, United City of Yorkville, Kendall County, Illinois [SEAT—] r MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE.KENDALL COUNTY,ILLINOIS.HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD,ON TUESDAY,APRIL 9,2002. ' Mayor Prochaska called the meeting to order at 7:03 p.m.and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward 11 Burd Present Kot Present Ward III Anderson Present Mums Present Ward IV Besco Present Spears Present QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COM UTTEE MEETING DATES Public Works Committee 6:30 P.M.,Monday,April 22,2002 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,April 18,2002 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M.,Thursday,April 11,2002 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Thursday,April 25,2002 City of Yorkville Conference Room 800 Game Farm Road CITIZEN COMMENTS: None PRESENTATION: Mayor Prochaska,along with Police Chief Martin,Lieutenant Schwartzkopf and City Administrator Graff,presented Jerry Ikemire with a plaque recognizing his eleven years of service to the City of Yorkville as a police officer. They expressed their gratitude and offered best wishes for Mr.Ikemne's future endeavors and retirement. Ms.Pat Aubrey,President of the Citizens Police Academy Alumni,presented Mr.Ikemire with a token of their appreciation for his years of service. PUBLIC HEARING 2002/2003 BUDGET ORDINANCE Mayor Prochaska entertained a motion to enter into a Public Hearing for the pin-pose of discussing the proposed 2002/2003 Budget Ordinance. So moved by Alderman Kot:seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Spears-aye, Sticka-aye City Administrator Tony Graff presented an overview of the 2002/2003 Budget. He stated that the budget was prepared through meetings with the city's department heads,staff and the Mayor. The Minutes of the Reeular Meeting of the City Council-April 9,2002-pave 2 In March,a budget was presented to the Administrative Committee,which reflected revenue streams of$5,334,184.00 and expenses equal to that. The overall change in revenue is 3.63% over last year's budget after revisions. The Finance Department had the largest increase(19%) but this where funds were realigned out of Public Works and other departments so that salaries are coming out of the proper departments. By following standard practices recommended by the City's auditors and Finance Director Pleckham,line items should now be in the proper departments. All the departments have been satisfactorily staffed and a hiring freeze is in place however there will be replacement hiring. The budget reflects a 3.5%Cost of Living Adjustment(COLA) increase as recommended by the Mayor and Administration Committee and 1.5%merit increase based on reviews. An ordinance regarding a 5%cap in salary increases along with the budget ordinance will be presented to the City Council at the next meeting. Highlights of the budget include Walnut Street repairs,water improvement,and sanitary sewer improvements. Capital equipment purchases include squad cars for the Police Department. A new utility truck and dump truck were included under Streets and Alleys Capital Budget, however funds are being realigned so that$50,000.00 can be put back in the budget for an engineering review of the streets in the older sections of the city. The Mayor discussed with the Park Board that they spend some of their capital dollars that they have in reserve this year rather than next year. The Board seemed to agree with the Mayor's proposal. This is currently being worked on and will be presented to the Administration Committee. This will bring the City's contingency back into the range of$32,000.00 to $33,000.00. Mr.Graff stated that Mrs.Pleckham was still working on the budget. The City was looking for any public input. Mr.Graff stated that they hoped to have a budget ordinance distributed to the Council by the Committee of the Whole meeting April 16,2002 and have the ordinance presented for a vote at the April 23,2002 City Council meeting. He stated that State statute requires the budget be passed by April 30'h. Mr.Graff also added that the Administration Committee was able to get Blue Cross/Blue Shield to give the City a revised premiurn starting May 1,2002,which will coincide with the fiscal year and is included in the budget. He stated that he believed that every contract the City has which effects the budget now begins on May I". Mayor Prochaska commented that there are a few studies included in the budget,such as the one for Rob Roy Creek Flood Study,which the city is looking at developers to help support the cost of. Another item on the budget,the Illinois Department of Transportation Grant for a signal at Route 34 and Game Farm Road,will be used to construct the traffic light at the site. The City has funded the engineering study for this. The floor was opened for questions or comments. There were none. Mayor Prochaska entertained a motion to close the Public Hearing. So moved by Alderman Sticka:seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye,Anderson-aye (.Alderman James left the Council Chamber and was not present for the vote) PLANNING COMMISSION/ZONING BOARD OF APPEAL/SIGN REVIEW BOARD No report. MINUTES FOR APPROVAL A motion was made by Alderman Anderson to approve the minutes of the City Council meeting from March 26,2002:seconded by Alder-woman Spears. Motion approved by a viva voce vote. A motion was made by Alderman Anderson to approve the minutes of the Town Meeting from January 31,2002:seconded by Alderwoman Spears. Motion approved by a viva voce vote. Minutes of the Regular Meetine of the City Council-April 9,2002-page 3 BILLS FOR APPROVAL ' A motion was made by Alderwoman Spears to approve the bills from the bill list dated April 3, 2002. Checks in the amount of$148,633.58(vendor),$88,145.89(payroll period ending 3/23/02) total$236,799.47:seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Kot-aye,Munns-aye,Sticka-aye,Spears-aye,Anderson,Besco-aye (Alderman James left the Council Chamber and was not present for the vote) REPORTS ATTORNEY'S REPORT No report. MAYOR'S REPORT City of Yorkville Flag Mayor Prochaska called everyone's attention to the new City of Yorkville Flag hanging in the City Council Chambers. He stated that City employees Bill Barkley and Liz D'Anna prepared the flag for hanging. He thanked them for their efforts. Proclamation for Volunteer Week Mayor Prochaska read a proclamation for Volunteer Week April 21"through April 27". See attached copy. He asked everyone to take a moment to realize how many things volunteers do in the community:coaching,senior services,youth programs,etc. He thanked all the volunteers who help make the City of Yorkville the place that it is. Coffee with the Mayor Mayor Prochaska thanked Jo-Rics for their graciousness in hosting the Coffee with the Mayor on April 9,2002. He stated that a good group of people attended for some friendly discussion. He reported that the New Life Assembly Church would host the next Coffee with the Mayor on April 20,2002. Town Meeting Mayor Prochaska reminded everyone that the Town Meeting would be held April 30,2002 at 7:00 P.M.at the Beecher Center.The subject to be discussed will be the upgrading and expansion of the City's water system. Water Proiect Mayor Prochaska reported on information from Engineering Enterprises,Inc.(EE[)which he passed out to the Council before the meeting. The information concerned a letter from the Illinois Environmental Protection Agency(IEPA)regarding Yorkville's water project for lime softening The IEPA rejected the project so EEI did further investigation and found that due to the fact that the project is now for a lime softening system rather that a cation system,the project is bigger and will take longer to complete. The IEPA is concerned that Yorkville is going beyond the State mandated compliance date of December 7,2003. The water project itself was not rejected but rather the time line for completion. The estimate for completion is late 2003 or early 2004. Mayor Prochaska expressed his concern that this might affect the low-interest loans the City needs for the project. Ronald Drainer of the IEPA sent a letter that states that the City's status should not disqualify it from receiving the loans. EEI will stay in contact with the[EPA on Yorkville's behalf so that the project moves along. Alderman Sticka commented that he felt that the City has done its best with this program. He stated that the City waited for years while the United States Government set a standard. Mayor Prochaska read the last paragraph from EEI's letter,"In conclusion,we believe that it is clear that the agency is aware that the city is making a good-faith effort to move towards radium compliance. In addition,it is clear to the agency that the United City of Yorkville is ahead of a number of other municipalities that are continuing to wrestle with their approach to this issue. At this time,the city has developed an approach that is consistent with the IEPA's regulations and it will only be a matter of time to finalize the remaining planning issues and the design,bidding and construction of the facilities." ' The Mayor reiterated that he wanted to keep the Council up to date with the project. CITY CLERK'S REPORT No report. The Minutes of the Regular Meeting of the City Council-April 9,2002-page 4 CITY TREASURER'S REPORT City Treasurer Allen had no treasurer's report but wanted to go over information relating to the Town Meeting and the water project. Mr.Allen questioned the cost of the project and the intended methods for payment. City Administrator Graff explained that the numbers for the total cost of the project were not finalized but when considering the Moser Development Project the cost could be approximately$20 million. Mayor Prochaska indicated that Moser would be required to cover their cost and Mr. Graff stated that the City's portion was approximately$16 million. Mayor Prochaska and Mr. Graff informed Mr.Allen that the cost would be funded through IEPA low-interest loans. Also, the City has been awarded a$1 million grant from the United States Environmental Protection Agency(USEPA)thanks to the efforts of Speaker of the House Hastert. There is also a pending $500,000.00 grant from Illinois First Projects. The City's grant has been accepted but the State is currently prioritized projects. The city is waiting to see if funds have been allocated for its project. Mr.Graff stated that the City is working with State and Federal Representatives to see if any other funds are available,however with Homeland Security a top priority,funding for other projects have been placed on hold. Mayor Prochaska indicated that these questions will be better answered at the Town Meeting because the finance and engineering consultants who have more of the details will be present. He also stated that the point of the Town Meeting was to discuss this with the public. Mr.Allen expressed his concern that the public be well informed and comfortable with the project. He was concerned that there was such a small turnout for the Budget Public Hearing and no comments. He stated that he would like to see more interest from the public and also asked if the public would vote on the financing for this if it came to a referendum. Mr.Graff stated that this a federally mandated project. If the City of Yorkville does not finance and perform the project,the USEPA will come into the community and they will do the project and charge their cost to Yorkville. He also stated that the city is looking at ways of financing the project where the cost is fair and equitable to current and future residents. Mr.Graff explained that revenue streams such as connection fees,which were raised from$400/home to$800/home with the additional$400 earmarked for water expansion,have already been identified for the project and the public will be presented with the payment options. Mr.Graff explained that there are actually two projects to be undertaken by the City,water expansion and radium compliance. The connection fees will be paying for the expansion portion of the project and a$25/home bimonthly fee will be applied to the radium project and will be in place until the loan is paid off. He also commented that the local newspaper has had at least three articles regarding the water project and fees related to it so be felt that every effort is being taken to inform the public. He stated that packets for the Town Meeting will be available approximately seven to ten days before the meeting for the press so they can publish more information before the meeting. Mr. Allen stated that the public needs to know how much is water expansion versus the radium project. He stated he would like the public to know how much it would cost if the federal government did the project. Would it be a dramatic difference? Mr.Graff stated that the City would know what the engineering estimate would be but as to bow the federal government will apply collection is unknown. He stated that he could ask the USEPA and the[EPA if there is any historical data regarding the where they have had to go into a community and take over the program. He stated that he felt they would have the similar type of financial approach that the City has. Mayor Prochaska reiterated that several years ago the City started the Water Improvement and Expansion Fund so that revenue could be identified for projects that might be needed as the community grew and that more information will be available regarding the water project at the Town Meeting. Mr.Allen thanked the Council for their tune. CITY ADMINISTRATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT ' Director of Public Works,Eric Dhuse,reminded the Council that hydrant flushing would done April 14`h through April 27`"from 6:00 A.M.to 6:00 P.M. He indicated that signs would be set out in the neighborhood being flushed the night before so that the residents would be aware this was being done The Minutes of the Regular Meeting of the City Council-April 9,2002-paee 5 CHIEF OF POLICE REPORT ' Lightenine Detection Program Chief Martin reported that there would be a Lightening Detection Program at the Police Department on April 24,2002. Also,he stated that the weather warning system was up and operational at all five locations. Chamber of Commerce Seminar Chief Martin reported that the Chamber of Commerce was hosting a seminar,"How Safe is Your Business"on April 25,2002 at noon. He banded out a flyer regarding the seminar. Members of the Yorkville Police Department would be making presentations at the seminar. Route 47 Railroad Crossing Chief Martin reported that Steve Klein from the Illinois Department of Transportation(IDOT) would be attending the Public Safety Committee meeting on April 25,2002 at 6:30 in reference to the repairs to the Route 47 railroad crossing. Mayor Prochaska clarified that IDOT would be doing a full rehab of the crossing,not a temporary repair. Mr.Graff stated that this was correct and that IDOT was going to use a new system tested for heavy traffic areas. Officers Recoenized Chief Martin reported that Officers Stroup,Helland and Pleckham were recognized by the Alliance Against Intoxicated Motorists(AAIM)for the number of arrests they made during 2001. Letter of Commendation Mayor Prochaska asked Chief Martin to comment on the letter of commendation that he received for Officer Pleckham and canine officer,Jumbo. Chief Martin reported that while assisting the Kendall County Cooperative Police Assistance Team(CPAT),the officers uncovered twenty- three pounds of cannabis and a hand gun. COMMUNITY&LIAISON REPORT Alderman James reported that the Park Board selected two members,Bill Wedge and Lisa Scherer,to participate on the ad-hoc committee. The first meeting would be April 17,2002 at 6:00 P.IvL OLD BUSINESS None. NEW BUSINESS None. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT (Resolution)2002-05 Cannonball Estates-Street Name Change Alderman Kot commented that the motion before him was for a resolution and he had not seen this resolution. Mayor Prochaska stated that he had copies of the final version of the resolution. A motion was made by Alderman Kot to approve the Resolution changing the street name in Cannonball Estates-Unit 1 from"Meadow Lane"to"Meadowview Lane":seconded by Alderman Besco. Alderman Sticka stated that at an earlier meeting,it was discussed to change the name to"North Meadow Lane". He missed a later discussion on this subject and asked for clarification. Mayor Prochaska informed him that when this was brought to the attention of the developer a few months ago,the developer said there would be no problem in changing. However,street signs were erected and citizens registered on the street as living on"Meadowview Lane". The Developer will cover any cost incurred due to the name change. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Spears-aye,Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,James-aye, Kot-aye ' Plat of Subdivision of Menard's Property A motion was made by Alderman Kot to approve the Final Plat of Subdivision known as the Menard's Property as recommended by City Engineer:seconded by Alderman Sticka. The Minutes of the Regular Meeting of the City Council-April 9,2002-page 6 Mayor Prochaska stated that this was the same as what was done for Tucker Development,which allow_s for the sale of outlots. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye, Munns-aye January&February Water Reports A motion was made by Alderman Kot to accept the January and February 2002 Water Reports as presented:seconded by Alderman James. Motion approved by a viva voce vote. Sale of 6-Wbeeler Truck A motion was trade by Alderman Kot to authorize the disposal of surplus property a 1996 International Dump Truck and instruct the Public Works Director to advertise the sale of the truck with legal review of the advertisement before publishing:seconded by Alderman Sticka. Alderman Kot commented that Mr.Dhuse would like to get this vehicle up for sale as soon as possible. Alderman Kot asked that a minimum bid amount be established and he asked Attorney Kleronomos if the motion needed to be amended to reflect this. Mr.Graff stated that he ran this by Attorney Kramer who recommended that this would be looked at when he reviews the bids. Alderman Anderson asked that the year of the vehicle be clarified because Mr.Dhuse's memo stated that the vehicle was a 1995 model but it was actually a 1996. Motion approved by a roll call vote. Ayes-8 Nays-0 Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Spears-aye, Sticka-aye Acceptance Of Greenbriar Pond A motion was made by Alderman Kot to accept the Greenbriar Subdivision pond:seconded by Alderman Sticka Alderman Kot commented that the Park Board is aware of the acceptance and does not have a problem with it. Alderman James commented that they discussed this at their meeting on April 8, 2001 Alderman Sticka asked if the process of planting grasses had begun. Mr.Dhuse explained that this would be discussed at the next Committee of the Whole meeting. Mayor Prochaska stated that Attorney Kramer suggested that the City not spend the money on the pond until it was accepted. Alderman James commented that Land Cash Funds were being used to do the plantings and the Park Board was aware of this also and approved. Mr.Graff stated that the deed for the pond was given to the City in 1999 but it was never accepted. Alderman Sticka recalled that the deed was never accepted because the developer owed the City mowing fees and Mayor Prochaska stated there was also an issue of water connections. Mr.Graff stated that all obligations have been met by the developer. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye, Anderson-aye Purchase of One Truck A motion was made by Alderman Kot to authorize the public Works Director to purchase one one-ton utility truck not to exceed$37,000.00:seconded by Alderman Sticka_ Alderman Kot commented that the purchase of the vehicle was originally included in the 2002/2003 Budget,however there are funds available so the purchase was pushed up. He clarified that the truck was the second truck presented and is a State purchase. Mr.Graff stated that the funds are from coming development fees collected for Public Works. He stated that there ' is$64,000.00 unexpended. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye,Anderson-aye, Besco-aye The Minutes of the Regular Meeting of the City Council-April 9,2002-page 7 ECONOMIC DEVELOPMENT COMMITTEE REPORT Y No report. I PUBLIC SAFETY COMMITTEE REPORT Request for Police Department Replacement A motion was made by Alderman Anderson to authorize the Chief of Police to replace the open police officer's position and to begin the pre-employment process:seconded by Alderman Sticka. Mayor Prochaska commented that the position would be filled by using the list of applicants put together by the Fire&Police Commission. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Kot-aye Munns-aye,Spears-aye,Sticka-aye,Anderson-aye,Besco-aye, Burd-aye Crossing Guard A motion was made by Alderman Anderson to approve the hiring of an additional crossing guard position located at Somonauk Street and kind Street for the fiscal year 02/03 contingent on the approval of the FY 02/03 budget:seconded by Alderwoman Spears. Mayor Prochaska commented that this was an area where the Council had a lot of communication with the community and this will enhance the safety of the area- Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye Munns-aye,Spears-aye,Sticka-aye,Anderson-aye,Besco-aye,Burd-aye, James-aye COPS in School Grant Position A motion was made by Alderman Anderson to authorize the Chief of Police to begin the pre- employment process for the new Community Oriented Policing Officer Grant called C.O.P.S.in the School for one new police officer:seconded by Alderwoman Burd. Alderman Anderson commented that the$125,000.00 grant will cover the officer's salary for the next three year. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Spears-aye,Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,James-aye Kot-aye Purchase of Three Squad Cars A motion was made by Alderman Anderson to authorize the Chief of Police to execute the Purchase Order for three(3)Squad Cars and Equipment not to exceed$98,115.00 for the FY 02/03 budget contingent on the approval of the FY 02/03 budget:seconded by Alderwoman Spears. Mayor Prochaska commented that this motion was so that Chief Martin could get the letter of intent out for the State bid. Chief Martin stated that one Chevy and two Fords were being purchased. Alderman Anderson commented that this purchase was in keeping with the five-year replacement policy. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Spears-aye,Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,James-aye Kot-aye ADMINISTRATION COMMITTEE REPORT (Ordinance)2002-06 Single Family Mortgage Bond A motion was made by Alderwoman Spears to approve an Ordinance authorizing the execution ' and delivery of an Intergovernmental Cooperation Agreement with regard to the Collateralized Single Family Mortgage Revenue Bond Program and authorize the Mayor and City Clerk to execute the documents:seconded by Alderman James. T The Minutes of the Regular Meeting of the City Council-April 9,2002-page 8 Alderwoman Spears commented that this is a program Yorkville has participated in for several years along with other communities. The program aids low and moderate income individuals in purchasing a home. Motion approved by a roll call vote. Ayes-8 Nays-0 Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye Munns-aye, Spears-aye ADDMONAL BUSINESS None. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco:seconded by Alderman Anderson. Motion approved by a viva voce vote. Meeting adjourned at 8:08 P.M. Minutes submitted by: Jacquelyn Milschewski,City Clerk City of Yorkville,Winois r MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held at the City Hall, located at 111 West Fox Street, Suite 3, Yorkville, Illinois at 7:00 o'clock, P.M., on the 9th day of April, 2002. The Mayor called the meeting to order, and directed the City Clerk to call the roll. Upon the roll being called, the Mayor and the following members of the City Council answered present: The following members of the City Council were absent: _ (Other Business) presented, and the City Clerk read in full, the following ordinance: 1335829.01.02.13 2086353 Tax-Exempt—Non-Home Rule ' 1 1 1 1 INTERGOVERNMENTAL COOPERATION AGREEMENT By and Among VILLAGE OFADDISON,DUPAGE,COUNTY,ILLINOIS, VILLAGE OF ALSIP,COOK COUNTY,ILLINOIS, CITY OF AURORA,KANE,DUPAGE,WILL AND KENDALL COUNTIES,ILLINOIS, VILLAGE OF BARTONVILLE,PEORIA COUNTY,ILLINOIS, CITY OF BELLEVILLE,ST.CLAIR COUNTY,ILLINOIS, CITY OF BELVIDERE,BOONE COUNTY,ILLINOIS, VILLAGE OFBRIDGEVIEW,COOK COUNTY,ILLINOIS, VILLAGE OF CAROL STREAM,DUPAGE COUNTY,ILLINOIS, VILLAGE OF CARPENTERS V ILLE,KANE COUNTY,ILLINOIS, CITY OF CHAMPAIGN,CHAMPAIGN COUNTY,ILLINOIS, CITY OF CHARLESTON,COLES COUNTY,ILLINOIS, VILLAGE OF CHICAGO RIDGE,COOK COUNTY,ILLINOIS, TOWN OF CICERO,COOK COUNTY,ILLINOIS, CITY OF COLLINSVILLE,MADISON AND ST.CLAIR COUNTIES,ILLINOIS, CITY OF CREST HILL,WILL COUNTY,ILLINOIS, VILLAGE OF CREVE COEUR,TAZEWELL COUNTY,ILLINOIS, CITY OF CRYSTAL LAKE,MCHENRY COUNTY,ILLINOIS, CITY OF DANVILLE,VERMILION COUNTY,ILLINOIS, CITY OF DECATUR,MACON COUNTY,ILLINOIS, CITY OF DEKALB,DEKALB COUNTY,ILLINOIS, VILLAGE OF DOLTON,COOK COUNTY,ILLINOIS, CITY OF EAST MOLINE,ROCK ISLAND COUNTY,ILLINOIS, CITY OF EAST PEORIA,TAZEWELL COUNTY,ILLINOIS, CITY OF EDWARDSVILLE,MADISON COUNTY,ILLINOIS, CITY OF ELGIN,COOK AND KANE COUNTIES,ILLINOIS, CITY OF EVANSTON,COOK COUNTY,ILLINOIS, CITY OF FREEPORT,STEPHENSON COUNTY,ILLINOIS, VILLAGE OF GODFREY,MADISON COUNTY,ILLINOIS, CITY OF HARVEY,COOK COUNTY,ILLINOIS, CITY OF JOLIET,WILL AND KENDALL COUNTIES,ILLINOIS, VILLAGE OF JUSTICE,COOK COUNTY,ILLINOIS, CITY OF KANKAKEE,KANKAKEE COUNTY,ILLINOIS, VILLAGE OF LANSING,COOK COUNTY,ILLINOIS, CITY OF LASALLE,LASALLE COUNTY,ILLINOIS, CITY OF LOCKPORT,WILL COUNTY,ILLINOIS, CITY OF LOVES PARK,WINNEBAGO COUNTY,ILLINOIS, VILLAGE OF MACHESNEY PARK,WINNEBAGO COUNTY,ILLINOIS, CITY OF MARQUEITE HEIGHTS,TAZEWELL COUNTY,ILLINOIS, CITY OF MATTOON,COLES COUNTY,ILLINOIS, CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS, CITY OF MENDOTA,LASALLE COUNTY,ILLINOIS, VILLAGE OF MINOOKA,GRUNDY,KENDALL AND WILL COUNTIES,ILLINOIS, VILLAGE OF MONTGOMERY,KANE AND KENDALL COUNTIES,ILLINOIS, VILLAGE OFMUNDELEIN,LAKE COUNTY,ILLINOIS, CITY OF NAPERVILLE,DUPAGE AND WILL COUNTIES,ILLINOIS, VILLAGE OF NORTH PEKIN,TAZEWELL COUNTY,ILLINOIS, VILLAGE OF OAK PARK,COOK COUNTY,ILLINOIS, VILLAGE OF PARK FOREST,COOK AND WILL COUNTIES,ILLINOIS, CITY OF PEKIN,TAZEWELL AND PEORIA COUNTIES,ILLINOIS, CITY OF PEORIA,PEORIA COUNTY,ILLINOIS, VILLAGE OF PEORIA HEIGHTS,PEORIA COUNTY,ILLINOIS, CITY OF PERU,LASALLE COUNTY,ILLINOIS, CITY OF PRINCETON,BUREAU COUNTY,ILLINOIS, VILLAGE OFRANT'OUL,CHAMPAIGN COUNTY,ILLINOIS, VILLAGE OF ROBBINS,COOK COUNTY,ILLINOIS, CITY OF ROCHELLE,OGLE COUNTY,ILLINOIS, CITY OF ROCKFORD,WINNEBAGO COUNTY,ILLINOIS, VILLAGE OF ROCKTON,WINNEBAGO COUNTY,ILLINOIS, VILLAGE OFROMEOVILL.E,WILL COUNTY,ILLINOIS, VILLAGE OF ROUND LAKE BEACH,LAKE COUNTY,ILLINOIS, CITY OF ST,CHARLES,DUPAGE AND KANE COUNTIES,ILLINOIS, VILLAGE OF SCHAUMBURG,COOK COUNTY,ILLINOIS, VILLAGE OFSHOREWOOD,WILL COUNTY,ILLINOIS, CITY OF SOUTH BELOIT,WINNEBAGO COUNTY,ILLINOIS, CITY OF SPRINGFIELD,SANGAMON COUNTY,ILLINOIS, ' CITY OF SYCAMORE,DEKALB,COUNTY,ILLINOIS, 1336359.01.01 2086353 VILLAGE OFTINLEY PARK,COOK AND WILL COUNTIES,ILLINOIS, CITY OF URBANA,CHAMPAIGN COUNTY,ILLINOIS, CITY OF WASHINGTON,TAZEWELL COUNTY,ILLINOIS, VILLAGE OF WOODRIDGE,DUPAGE AND WILL COUNTIES,ILLINOIS, CITY OF WOOD RIVER,MADISON COUNTY,ILLINOIS, UNITED CITY OF YORKvILLE,KENDALL COUNTY,ILLINOIS, CHAMPAIGN COUNTY,ILLINOIS, DEKALBCOUNTY,ILLINOIS, DUPAGE COUNTY,ILLINOIS, LAKE COUNTY,ILLINOIS, MACON COUNTY,ILLINOIS, MADISON COUNTY,ILLINOIS, MCHENRY COUNTY,ILLINOIS, MCLEAN COUNTY,ILLINOIS, PEORIA COUNTY,ILLINOIS, TAZEWELLCOUNTY,ILLINOIS, AND WINNEBAGO COUNTY,ILLINOIS Dated as of April 1,2002 R r 1 i INTERGOVERNMENTAL COOPERATION AGREEMENT THIS INTERGOVERNMENTAL COOPERATION AGREEMENT (the "Cooperation Agreement") dated as of April 1, 2002, by and among the VILLAGE OF ADDISON, DUPAGE COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Addison"), the VILLAGE OF ALSIP, COOK COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Alsip"), the CITY OF AURORA, KANE, DUPAGE, WILL AND KENDALL COUNTIES, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Aurora"), the VILLAGE OF BARTONVII.LE, PEORIA COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Bartonville"), the CITY OF BELLEVILLE, ST. CLAIR COUNTY, ILLINOIS,a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Belleville"), the CITY OF BELVIDERE, BOONE COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Belvidere"), the VILLAGE OF BRIDGEVIEW, COOK COUNTY, ILLINOIS,a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Bridgeview"), the VILLAGE OF CAROL STREAM, DUPAGE COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Carol Stream"), the VILLAGE OF CARPENTERSVILLE, KANE COUNTY, ILLINOIS,a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Carpentersville"),the CITY OF CHAMPAIGN, CHAMPAIGN COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Champaign"), the CITY OF CHARLESTON, COLES COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Charleston"), the VILLAGE OF CHICAGO RIDGE, COOK COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Chicago Ridge"),the TOWN OF CICERO, COOK COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Cicero"), the CITY OF COLLINSVILLE, MADISON AND ST. CLAIR COUNTIES, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Collinsville"), the CITY OF CREST HILL, WILL COUNTY, ILLINOIS,a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Crest Hill"), the VILLAGE OF CREVE COEUR, TAZEWELL COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Creve Coeur"), the CITY OF CRYSTAL LAKE, MCHENRY COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Crystal Lake"),the CITY OF DANVILLE, VERMILION COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State Illinois ' ("Danville"), the CITY OF DECATUR, MACON COUNTY, ILLINOIS,a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws I I of the State of Illinois ("Decatur"), the CITY OF DEKALB, DEKALB COUNTY, ILLINOIS,a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("DeKalb"),the VILLAGE OF DOLTON, COOK COUNTY, ILLINOIS, a municipality and a home rule unit of government duly authorized and validly existing under the Constitution and the laws of the State of Illinois ("Dolton"), the CITY OF EAST MOLINE, ROCK ISLAND COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("East Moline"), the CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS,a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("East Peoria"), the CITY OF EDWARDSVILLF, MADISON COUNTY, ILLINOIS,a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Edwardsville"), the CITY OF ELGIN, COOK AND KANE COUNTIES, ILLINOIS,a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Elgin"), the CITY OF EVANSTON, COOK COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Evanston"),the CITY OF FREEPORT, STEPHENSON COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Freeport"), the VILLAGE OF GODFREY, MADISON COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Godfrey"), the CITY OF HARVEY, COOK COUNTY, ILLINOIS,a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Harvey"),the CITY OF JOLIET, WILL AND KENDALL COUNTIES, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Joliet"), the VILLAGE OF JUSTICE, COOK COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Justice"), the CITY OF KANKAKEE, KANKAKEE COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Kankakee"), the VILLAGE OF LANSING, COOK COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Lansing"),the CITY OF LASALLE, LASALLE COUNTY, ILLINOIS , a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("LaSalle"), the CITY OF LOCKPORT, WILL COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Lockport"), the CITY OF LOVES PARK, WINNEBAGOCOUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Loves Park"), the VILLAGE OF MACHESNEY PARK, WINNEBAGO COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Machesney Park"), the CITY OF MARQUETTE HEIGHTS, TAZEWELL COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Marquette Heights"), the CITY OF MATTOON, COLES COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Mattoon"), the CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the Laws of the ' State of Illinois ("McHenry"),"), the CITY OF MENDOTA, LASALLE COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and laws of the State of -2- Illinois ("Mendota"), the VILLAGE OF MINOOKA, GRUNDY, KENDALL AND WILL COUNTIES, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Minooka"), the VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Montgomery"), the VILLAGE OF MUNDELEIN� LAKE COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Mundelein"), the CITY OF NAPERVILLE, DUPAGE AND WILL COUNTIES, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Naperville"), the VILLAGE OF NORTH PEKIN, TAZEWELL COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("North Pekin"), the VILLAGE OF OAK PARK, COOK COUNTY,ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Oak Park"), the VILLAGE OF PARK FOREST, COOK AND WILL COUNTIES, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Park Forest"), the CITY OF PEKIN, TAZEWELL ANDPEORIA COUNTIES, ILLINOIS,a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Pekin"), the CITY OF PEORIA, PEORIA COUNTY, ILLINOIS,a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Peoria"), the VILLAGE OF PEORIA HEIGHTS, PEORIA COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized y and validly existing under the Constitution and the laws of the State of Illinois ("Peoria Heights"), the CITY OF PERU, LASALLE COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Peru"), the CITY OF PRINCETON, BUREAU COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Princeton"), the VILLAGE OF RANTOUL, CHAMPAIGN COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Rantoul"), the VILLAGE OF ROBBINS, COOK COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Robbins"), the CITY OF ROCHELLE, OGLE COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Rochelle"), the CITY OF ROCKFORD, WINNEBAGOCOUNIY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Rockford"), the VILLAGE OF ROCKTON, WINNEBAGO COUNTY, ILLINOIS,a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Rockton"),the VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Romeoville"), the VILLAGE OF ROUND LAKE BEACH, LAKE COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Round Lake Beach"), the CITY OF ST, CHARLES, DUPAGE AND KANE COUNTIES, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("St. Charles"), the VILLAGE OF f SCHAUMBURG, COOK COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois -3- ("Schaumburg"),the VILLAGE OF SHOREWOOD, WILL COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Shorewood"), the CITY OF SOUTH BELOIT, WINNEBAGO COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("South Beloit"), the CITY OF SPRINGFIELD, SANGAMON COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Springfield"), the CITY OF SYCAMORE, DEKALB, COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Sycamore"), the VILLAGE OF TINLEY PARK, COOK AND WILL COUNTIES, LLINOIS,a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Tinley Park"), the CITY OF URBANA, CHAMPAIGN COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Urbana"), the CITY OF WASHINGTON TAZEWELL COUNTY, ILLINOIS, a municipality and a home rule unit of government duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Washington"), the CITY OF WOODRIDGE, DUPAGE AND WILL COUNTIES, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Woodridge"), the CITY OF WOOD RIVER, MADISON COUNTY, LLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Wood River"), and the UNTIED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, a municipality duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Yorkville"); CHAMPAIGN COUNTY, ILLINOIS, is a political subdivision duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Champaign County"), DEKALB COUNTY, ILLINOIS, is a political subdivision duly organized and validly existing under the Constitution and the laws of the State of Illinois ("DeKalb County"),D UPAGE COUNTY, ILLINOIS, is a political subdivision duly organized and validly existing under the Constitution and the laws of the State of Illinois ("DuPage County"), LAKE COUNTY, ILLINOIS, is a political subdivision duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Lake County"), MACON COUNTY, ILLINOIS, is a political subdivision duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Macon County"), MADISON COUNTY, ILLINOIS, is a political subdivision duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Madison County"), MCHENRY COUNTY, ILLINOIS, is a political subdivision duly organized and validly existing under the Constitution and the laws of the State of Illinois ("McHenry County"), MCLEAN COUNTY, ILLINOIS, is a political subdivision duly organized and validly existing under the Constitution and the laws of the State of Illinois ("McLean County"), PEORIA COUNTY, ILLINOIS, is a political subdivision duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Peoria County"), and TAZEWELL COUNTY, ILLINOIS, is a political subdivision duly organized and validly existing under the Constitution and the laws of the State of Illinois ("Tazewell County"). WITNESSETH: WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois authorizes units of local government and school districts to contract or otherwise associate among -4- r themselves in any manner not prohibited by law or by ordinance, and to use their credit, revenues and other reserves to pay cash and to service debt related to intergovernmental activities; and WHEREAS, the Intergovernmental Cooperation Act (5 Illinois Compiled Statutes 2000, 220/1 et seq., as supplemented and amended), authorizes public agencies to exercise any power or powers, privileges or authority which may be exercised by any such public agency individually to be exercised and enjoyed jointly with any other public agency in the State of Illinois; and WHEREAS, Addison, Alsip, Aurora, Bartonville, Belleville, Belvidere, Bridgeview, Carol Stream, Carpentersville, Champaign, Charleston, Chicago Ridge Cicero, Collinsville, Crest Hill, Creve Coeur, Crystal Lake, Danville, Decatur, DeKalb, Dolton, East Moline, East Peoria, Edwardsville, Elgin, Evanston, Freeport, Godfrey, Harvey, Joliet, Justice, Kankakee, Lansing, LaSalle, Lockport, Loves Park, Machesney Park, Marquette Heights, Mattoon, McHenry, Mendota, Minooka, Montgomery, Mundelein, Naperville, North Pekin, Oak Park, Park Forest, Pekin, Peoria, Peoria Heights, Peru, Princeton, Rantoul, Robbins, Rochelle, Rockford, Rockton, Romeoville, Round Lake Beach, City of St Charles, Schaumburg, Shorewood, South Beloit, Springfield, Sycamore, Tinley Park, Urbana, Washington, Woodridge, Wood River and United City of Yorkville (collectively, the "Municipalities") are each a unit of local government and a public agency of the State of Illinois; and WHEREAS, pursuant to the Constitution and the laws of the State of Illinois, and particularly Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois, in the case of the Municipalities which are home rule units of government, 65 Illinois Compiled Statutes 2000, 5/11-74.5-1 et seq., as supplemented and amended, in the case of the Municipalities which are municipalities, but are not home rule units of government, and 50 Illinois Compiled Statutes 2000, 456/1 et seq., as supplemented and amended, in the case of Municipalities which are counties, each Municipality has the power to issue its revenue bonds for public purposes, including the financing and purchase of mortgage loans to finance single family residences for low and moderate income persons within its corporate boundaries, and to pledge to the payment of the principal of, premium, if any, and interest on such revenue bonds the payments made with respect to the mortgage loans purchased with and financed by the proceeds of such revenue bonds; and WHEREAS, the Municipalities have determined that it is necessary and desirable to have Aurora and/or Springfield (the "Issuers") issue such revenue bonds on behalf of all of the Municipalities for the purpose of financing and purchasing mortgage loans to finance single family residences for low and moderate income persons within the corporate boundaries of the Municipalities (the "Program"); and WHEREAS, to provide for the Program, the Issuers propose to issue, sell and deliver their Collateralized Single Family Mortgage Revenue Bonds in one or more series in an aggregate principal amount not to exceed $250,000,000 (the "Bonds ") on behalf of all of the Municipalities to obtain funds to finance the acquisition of mortgage-backed securities (the "GNMA Securities") of the Government National Mortgage Association ("GNMA"), evidencing a guarantee by GNMA of timely payment of, mortgage-backed securities (the "Fannie Mae -5- Securities") of the Federal National Mortgage Association ("Fannie Mae"), evidencing a guaranty by Fannie Mae of timely payment of, and mortgage-backed securities (the "FHLMC Securities") of the Federal Home Loan Mortgage Corporation ("FHLMC"), evidencing a guaranty by FHLMC of timely payment of, monthly principal of and interest on certain qualified mortgage loans under the Program (the "Mortgage Loans"), all under and in accordance with the Constitution and laws of the State of Illinois; and WHEREAS, 30 Illinois Compiled Statutes 2000, 345/6 et seq., as supplemented and amended, permits the corporate authorities of any home rule unit of government to reallocate its private activity bond allocation to another home rule unit, and to allocate volume cap which has been allocated to it toward the issuance of the Bonds, subject to certain restrictions, guidelines and procedures, which guidelines and procedures also permit units of government (including without limitation non-home rule units of government) to allocate volume cap which has been allocated to it toward the issuance of the Bonds and to pool allocations of volume cap received from the Office of Governor of the State of Illinois; NOW, THEREFORE, in consideration of the above premises and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Municipalities hereby agree, as follows: Section 1. Bonds/Approval. The Issuers (or either of them) hereby agree to issue the Bonds in one or more series on behalf of all of the Municipalities, as provided in the trust indenture or indentures pursuant to which the Bonds will be issued, for the purpose of purchasing GNMA Securities, Fannie Mae Securities and FHLMC Securities to finance mortgage loans for single family residences for low and moderate income persons within the corporate boundaries of each Municipality, to pay interest on the Bonds and to pay the costs of issuance of the Bonds. The Bonds shall be issued in such aggregate principal amounts, shall be issued in such series and classes, shall have such stated maturity or maturities, shall bear interest at such rate or rates, payable on such date or dates, shall be subject to redemption prior to maturity, shall be payable at such date or dates and at such place or places, and shall have such other terms, all as shall be agreed upon by the Issuers and approved by ordinances of the respective governing bodies of each Issuer (or either of them). The proceeds of the Bonds shall be applied to such public purposes and to the payment of the costs of issuance as shall be approved by ordinances of the respective governing bodies of each Issuer (or any of them). Each Municipality hereby ratifies the conduct of the combined public hearing held in connection with the issuance of the Bonds, and hereby approves the issuance of the Bonds as described in the notice of public hearing published in connection with the issuance of the Bonds (which is hereby incorporated by reference). Section 2. Transfer and Allocation of Unified Volume Cap. Certain Municipalities which are home rule units of government, other than the Issuers, hereby transfer to the Issuers and/or allocate unified volume cap that they have reserved to issue private activity bonds, as set forth in Exhibit A attached to and made a part of this Cooperation Agreement. Certain Municipalities which are not home rule units of government have received allocation of unified I volume cap from the State of Illinois as set forth in Exhibit A attached to and made a part of this Cooperation Agreement. The Municipalities, including without limitation the Issuers, hereby -6- allocate the unified volume cap referred to in this Section to the issuance of the Bonds. Each Municipality that has received or hereafter receives an allocation of unified volume cap from the State of Illinois for the Program, after January 1, 2002, for calendar year 2002, as set forth in Exhibit A attached hereto and made a part hereof, which Exhibit may be supplemented from time to time by exclusive action of any Issuer in the event that volume cap is received by a Municipality after the date hereof, hereby allocates such volume cap to the issuance of the Bonds. Section 3. Allocation of Program Allocation. The origination and servicing agreement or agreements and the trust indenture or indentures relating to the issuance of the Bonds shall provide, that from the date of issuance of the Bonds through a date 120 days after the date of issuance of such Bonds (the "Reservation Period"), the proceeds of the Bonds shall be made available to each Municipality which is not a home rule unit of government in the amounts set forth in ExhibitA attached hereto and made a part hereof, as such Exhibit A may be supplemented from time to time (the "Program Allocation"), subject to the requirements of Section 143 of the Code. There shall be no Reservation Period for Municipalities which are home rule units of government. The Program Allocation allocated to a Municipality may not be reallocated during the Reservation Period; provided, that, after the Reservation Period, the trustee with respect to the Bonds may reallocate the Program Allocation in the manner set forth in the origination and servicing agreement or agreements or the trust indenture or indentures relating to the Bonds. Section 4. Pledge of Collateral. The Issuers hereby agree to assign and pledge to the trustee with respect to the Bonds all of the GNMA Securities, the Fannie Mae Securities and the FHLMC Securities purchased with the proceeds of the Bonds. The Issuers hereby further agree to assign and pledge to such trustee all other such documents, instruments, securities and moneys as shall be approved by ordinances of the respective governing bodies of the Issuers. Section 5. Documents and Instruments. The Issuers hereby agree to enter into all such documents and instruments as shall be necessary or appropriate in connection with the issuance of the Bonds, including without limitation origination and servicing agreements, trust indentures, bond purchase contracts or agreements, official statements, continuing disclosure undertakings and closing certificates. The Issuers hereby further agree to enter into all such other documents and instruments as shall be necessary or appropriate in connection with the issuance of the Bonds, including without limitation closing certificates. Section 6 Absolute and Irrevocable Conditions; Amendment. All terms and conditions contained herein are intended to be absolute and irrevocable conditions hereof and are agreed to by the Municipalities. This Cooperation Agreement may not be effectively amended, changed, modified, altered or terminated without the written consent of all of the Municipalities, authorized by ordinances adopted by their respective governing bodies, certified copies of which shall be filed with the other Municipalities. Section 7. Municipalities' Obligations Unconditional. The Municipalities shall have no right to terminate, cancel or rescind this Cooperation Agreement, it being the intent hereof -7- that the Municipalities shall be absolutely and unconditionally obligated to perform all covenants contained in this Cooperation Agreement. Section 8. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid, addressed to the appropriate address set forth in Exhibit B attached to and made a part of this Cooperation Agreement. A duplicate copy of each notice, certificate or other communication given hereunder to any Municipality shall also be given to the others. Any Municipality, by notice given hereunder, may designate a different or further address to which subsequent notices, certificates or other communications will be sent. Section 9. Binding Effect. This Cooperation Agreement shall inure to the benefit of and shall be binding upon the Municipalities and their respective successors and assigns. Section 10. Severability. In the event any provision of this Cooperation Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Cooperation Agreement. Section 11. Further Assurances and Corrective Instruments. The Municipalities agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for carrying out the expressed intention of this Cooperation Agreement. Section 12. Execution in Counterparts. This Cooperation Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be original and all of which counterparts shall constitute but one and the same instrument. Section 13. Applicable Law. This Cooperation Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Section 14. Effective Date. This Cooperation Agreement shall be in full force and effect on April 1, 2002, or on the date when it is executed by all Municipalities, whichever is later. Time is of the essence. Section 15. Filing of Authorizing Ordinances. Each Municipality shall file with the other Municipalities a certified copy of the ordinance adopted by the governing body of such Municipality, authorizing the execution of this Cooperation Agreement within thirty (30) days of the adoption of such ordinance. -8- UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS B <� y Mayor (SEAL) ATTEST: City Cl rk