Loading...
Ordinance 1998-11 9810524 08/04 i98 02:44P 3 of 3 Paul Anderson Kenaall Count IL Recorder +`� ► Y► 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