Ordinance 1998-11 9810524 08/04 i98 02:44P 3 of 3
Paul Anderson Kenaall Count IL Recorder +`�
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COUNTY OF KENDALL )
STATE OF ILLINOIS )
ORDINANCE NUMBER VC
AN ORDINANCE AUTHORIZING THE UNITED CITY OF YORKVILLE
OF KENDALL, COUNTY, ILLINOIS TO BORROW FUNDS
FROM THE WATER POLLUTION CONTROL REVOLVING LOAN FUND
WHEREAS, THE UNITED CITY OF YORKVILLE, Kendall County,
Illinois operates its sewerage collection system ("the System") and in accordance
with the provisions of 65 MCS 5/11-141-2 Sewerage Systems and the Local
Government Debt Reform Act, 30 ILCS 350/1 (collectively, "the Act"), and
WHEREAS, the Mayor and City Council of THE UNITED CITY OF
YORKVILLE (the "Corporate Authorities") have determined that is advisable,
necessary and in the best interests of public health, safety and welfare to improve
the System, including the following:
REHABILITATE THE EXISTING SANITARY
SEWER COLLECTION SYSTEM AS
IDENTIFIED BY THE SEWER SYSTEM
EVALUATION STUDY (SSES)
together with any land or rights in land and all electrical, mechanical or other
services necessary, useful or advisable to the construction and installation (the
"Project"), all in accordance with the plans and specifications prepared by
consulting engineers "Walter E. Deuchler and Associates", to THE UNITED CITY
OF YORKVILLE; and
VaIEREAS, the estimated cost of construction and installing the
Project, including engineering, legal financial and other related expenses is
$2,300,000.00, and there are insufficient funds on hand and lawfully available to
pay these costs; and
WHEREAS, the costs are expected to be paid for with loan to THE
UNITED CITY OF YORKVMLE from the Water Pollution Control Revolving
Loan Fund through the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
the loan to be repaid from The Municipal Utility Tax or from the revenues of the
system and the loan is authorized to be accepted at this time pursuant to the Act;
and
WHEREAS, in accordance with the provisions of the Act, THE UNITED
CITY OF YORKVILLE is authorized to borrow funds from the Water Pollution
°Control Revolving Loan Fund in the aggregate principal amount of$2,300,000.00 to
provide funds to pay the costs of the Project; and
WFIEREAS; the loan to THE UNITED CITY OF YORKVILLE shall be
made pursuant to a Loan Agreement, including certain terms and conditions,
between THE UNITED CITY OF YORKVILLE and the ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY;
NOW TIHEREFORE, be it ordained by the Mayor and City Council of THE
UNITED CITY OF YORKVILLE, Kendall County, Illinois, as follows:
SECTION 1. INCORPORATION OF PREAMBLES
The Corporate Authorities hereby find that the
recitals contained in the
Preambles are true and correct, and incorporate them into this ordinance by this
reference.
SECTION 2. DETERMINATION TO BORROW FUNDS
It is necessary and in the best interests of THE UNITED CITY OF
YORKVILLE to construct the Project for the public health safety and welfare, in
accordance with the plans and specifications, as described; that the
System continue
to be operated in accordance with the Provisions of the Act
and that for the purpose
of constructing the project, it is hereby authorized that funds
be borrowed by THE
UNITED CITY OF YORKVILLE in an aggregate rinci
P pal amount not to exceed
$2,300,000.00.
SECTION 3. PUBLICATION
This Ordinance, together with a notice in the statutory form shall be
published once within ten day after passage in the Kendall County Record, a
newspaper published and of general circulation in THE UNITED CITY
OF
YORKVILLE, and if no petition, signed by electors numbering 10% or more of the
registered voters in THE UNITED CITY OF YORKVILLE (i.e., 386 electors) and
asking that the question of improving the System as provided in this Ordinance and
entering into the Loan Agreement therefor be submitted to the electors of TTE
UNITED CITY OF YORKVILLE, is filed with the City Clerk within 30 days after
the date of pubhcation.of this Ordinance and notice, then this Ordinance shall be in
full force and effect. A petition form shall be provided by the City Clerk to any
individual requesting one.
SECTION 4. ADDITIONAL ORDINANCES
If no petition meeting the requirements of the Act and other applicable law is
filed during the 30-day petition period, then the Corporate Authorities may adopt
additional ordinances or proceedings supplementing or amending this Ordinance
providing for entering into the Loan Agreement with the ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY, prescribing all the details of the
loan agreement, and providing for the collection, segregation and distribution of the
Municipal Utility Tax, so long as the maximum amount of the Loan Agreement as
set forth in this Ordinance is not exceeded and there is no material change in the
Project or purposes described herein. Any additional Ordinances or proceedings
Shall in all instances become effective in accordance with the Act or other
applicable law. This Ordinance, together with such additional ordinances or
proceedings, shall constitute complete authority for entering into the Loan
Agreement under applicable law.
However, notwithstanding the above, THE UNITED CITY OF
YORKVILLE may not adopt additional ordinances or amendments which provide
for any substantive or material change in the scope and intent of this Ordinance,
including but not limited to interest rate, preference or priority of any other
ordinance with this Ordinance, parity of any other ordinance with this Ordinance, or
otherwise alter or impair the obligation of THE UNITED CITY OF YORKVILLE
to pay the principal and interest due to the Water Pollution Control Revolving Loan
Fund without the written consent of the ILLINOIS ENVIRONMENT
PROTECTION AGENCY.
SECTION 5. ACCEPTANCE OF LOAN AGREEMENT
The Mayor and the City Council of THE UNITED CITY OF YORKVILLE
hereby authorize acceptance of the offer of a loan though the Water Pollution
Control Revolving,Fund, including all terms and conditions of the Loan Agreement
as well as all special conditions contained therein and made a part thereof by
reference. The Mayor and City Council of THE UNITED CITY OF YORKVILLE
farther agree that the loan funds awarded shall by solely for the purposes of the
project as approved by the ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY in accordance with the terms and conditions of the Loan Agreement.
SECTION 6. AUTHORIZATION OF MAYOR TO EXECUTE
LOAN AGREEMENT
The Mayor and.City Clerk of THE UNITED CITY OF YORKVILLE are
hereby authorized and directed to execute the Loan Agreement with the ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY.
SECTION 7. SEVERABILITY
If any section, paragraph, clause or provision of this Ordinance is held
invalid, the invalidity of such section, paragraph, clause or provision shall not affect
any of the other provisions of this Ordinance.
SECTION S. REPEALER
All ordinances, resolutions or orders, or parts thereof, which conflict with the
provisions of this Ordinance are, to the extent of such conflict, hereby repealed.
STATE OF ILLINOIS )
COUNTY OF KENDALL ) SS
NO REFERENDUM CERTIFICATE
I, the undersigned, do hereby certif
acting City y that I am
the duly qualified, and
Clerk of THE UNITED CITY OF
YORKVI(,LE, Kendall County,
Illinois, and as such officer I am the keeper of the books, records; files and journal .
Of Proceedings of TEE UNITED CITY OF YO
RK MLLE and of the Mayor and
City Council of T� UNITED CITY OF Y
ORKVILLE.
I do further certify that Ordinance Number
// being the
entitled:
itled:
T AN ORDINANCE AUTHORIZING
ILLINOIS., BORROW��LE, KENDALL COUNTY
ILLINOIS.,LINOIS
FUNDS FROM THE W
POLLUTION CONTROL ATER
REVOLVING FUND
-(the Ordinance") was presented to and assed
P by the Mayor and City Council of
T'M UNITED CITY OF YOR.KVIL,LE at its
legally convened meeting held on the
day of
' 19 f and signed by the Mayor of
y THE TED CITY OF YO
RKVILLE on said day.
I do further certify that the Ordinance
was duly and properly published
..in the Kendall County Record, a bu
newspaper published P p shed and of general circulation
within THE UNITED CIT OF YORKVILLE on the (� Y of
19 being a date within ten days from the date of passage of
th Ordinance.
I do further certify that publication of the Ordinance was accompanied
by a separate publication of notice of(1) the specific number of voters required to
sign the petition requesting the question of constructing improvements to the
waterworks and sewerage system as provided in the Ordinance: (2) the time in
which such petition must have been filed: and (3) the date of the prospective
referendum.
I do further certify that I did make available and provide to any
individual so requesting a petition form. In the form as attached hereto, which
petition form provided for submission to the electors of THE UNITED CITY OF
YORKVILLE of the question as set forth therein. Such petition forms were
available from me continuously from 19 �Up to and
/ � ,
.including 19
I do further certify that no Petition has been filed in my office within
days after publication of the Ordinance or as of the time of the signing hereof
as provided by statute asking that the question of improving the waterworks and
sewerage system as provided in the Ordinance, and the Loan Agreement therefore
be submitted to the electors of THE UNITED CITY OF YORKVILLE.
IN WITNESS WFIEREOF, I have herewith affixed by official
signature and the corporate seal of THE UNTIED CITY AT YORK'VILLE, Kendall
County, Illinois this a of 19�
City Cler , e orah K. Simmoy
The United City of Yorkville, Kendall r
County, Illinois
(SEAL)
[ATTACH PETITION FORM]
PETITION
To the City Clerk of THE UNITED CITY OF YORKVILLE, Kendall County,
Illinois:
We, the undersigned, being registered voters of THE UNITED CITY OF
YORKVILLE, Kendall County, Illinois, do hereby petition you to cause the question of
improving the sewerage system of said UNITED CITY OF YORKVILLE, as provided in
Ordinance Number of said UNITED CITY OF YORKVILLE, and the Loan Agreement
as provided in said Ordinance, to be certified to the County Clerk of The County of Kendall,
Illinois, and submitted to the electors of said UNITED CITY OF YORKVILLE at the General
Election to be held on November 3, 1998.
NAME ADDRESS
Illinois
Illinois
, Illinois
Illinois
Illinois
Illinois
Illinois
Illinois
Illinois
Illinois
Illinois
Illinois
Illinois
Illinois
Illinois
I, of
(insert residence address), Illinois, do hereby certify that I am a
registered voter of THE UNITED CITY OF YORKVILLE and in the County of Kendall, Illinois,
and that the signatures on this petition were signed in my presence within THE UNITED CITY
OF YORKVILLE, Illinois and in the County of Kendall, Illinois, and are genuine, and to the best
of my knowledge and belief, the persons so signing were at the time of signing this petition
registered voters of said UNITED CITY OF YORKVILLE and that their respective addresses are
correctly stated herein.
/s/
Subscribed and sworn to before me this day of ,
19
Notary Public
NOTICE OF INTENT TO BORROW FUNDS
AND RIGHT TO FILE PETITION
NOTICE IS HEREBY GIVEN that, pursuant to Ordinance
Number�—/ adopted o 1 g
UNITED CITY OF
YORKVILLE, Kendall County, ois (the "Entity") s enter into a Loan
Agreement with the Illinois environmental protection Agency in an aggregate
Principal amount not to exceed $2,300,000.00 and bearing annual interest at an
amount not to exceed the maximum rate authorized by law at the time of execution
of the Loan Agreement, for the purpose of paying the costs of certain improvements
to the sewerage system of THE UNITED CITY OF YORKVILLE. A complete
copy of the Ordinance accompanies this notice.
NOTICE IS HEREBY FURTE ER GIVEN that if a petition signed by
386 or more electors of THE UNITED CITY OF YORKVILLE (being equal to
10% of the registered voters in THE UNITED CITY OF YORKVILLE), requesting
`that the question of improving the sewerage system and entering into the Loan
Agreement therefor is submitted to the City Clerk within 30 days after the
publication of this Notice, the question of improving the sewerage system of THE
UNITED CITY OF YORKVILLE as provided in the Ordinance and Loan
Agreement shall be submitted to the electors of THE UNITED CITY OF
YORKVILLE at the General Election to be held on November 3, 1998. A petition
form is available from the office of the City Clerk.
City Clerk, De or K. Simmons
United City of Yorkville, Kendall Co ty,
Illinois
PASSED by the Corporate Au orities
on , 19C.
Approved 19
MAYOR
AYES: -7
NAYS:
ABSENT:
PUBLISHED in the Kendall County Record on 1
RECO ED in the City Records on
19 `
ATTEST:
CICL