City Council Minutes 2013 12-10-13 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, DECEMBER 10, 2013
Mayor Golinski called the meeting to order at 7 : 00 p .m. and led the Council in the Pledge of Allegiance.
ROLL CALL
City Clerk Warren called the roll.
Ward I Koch Present
Colosimo Present
Ward 11 Milschewski Present
Kot Present
Ward III Frieders Present
Funkhouser Present
Ward IV Spears Present (called in)
Teeling Present
Also present: City Clerk Warren, City Attorney Orr, City Administrator Olson, Police Chief Hart, Deputy
Chief of Police Hilt, Deputy Chief of Police Klingel, Public Works Director Dhuse, Finance Director
Fredrickson, EEI Engineer Sanderson, Community Development Director Barksdale-Noble, and
Administrative Intern Weckbach
QUORUM
A quorum was established.
AMENDMENTS TO THE AGENDA
None .
PRESENTATIONS
Certificates of Recognition — Yorkville High School State Champion
- Girls Cross Country Team
Mayor Golinski called the Yorkville High School state champion girls cross country team up to the front
and presented each of them with a certificate of recognition.
Certificates of Recognition — Yorkville High School State Champion
Boys Cross Country Team
Mayor Golinski called the Yorkville High School state champion boys cross country team up to the front
and presented each of them with a certificate of recognition.
Swearing-in of Patrol Officer — Kyle Davis
Mayor Golinski swore in Patrol Officer Kyle Davis .
Swearing-in of Patrol Officer — Chris Jeka
Mayor Golinski swore in Patrol Officer Chris Jeka.
PUBLIC HEARINGS
1 . PC 2013 - 15 — Green Organics, Inc. , Petitioner, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting an Amended Annexation and Planned Unit
Development Agreement to the Westbury Village Subdivision dated June 22, 2004 by and among
Ocean Atlantic, A Delaware Limited Liability Company, the Estates of Richard A. Undesser and
Henrietta Undesser, and the United City of Yorkville for the purpose of expanding and
reconfiguring an existing compost facility and farm land located in Yorkville and unincorporated
Kendall County. The subject property in Yorkville consists of approximately 13 .72 acres west of
Illinois Route 47, east of Beecher Road and immediately south of Galena Road. The common
address for the property is 1270 E. Beecher Road, Bristol, IL.
Please, see attached report of proceedings by the Court Reporter for the public hearing.
COUNTRYSIDE TIF REFUNDING BOND ORDER
Mayor Golinski read the Countryside TIF refunding bond order in its entirety. (Please see attached.)
CITIZEN COMMENTS ON AGENDA ITEMS
None.
CONSENT AGENDA
The Minutes of the ReEular Meeting of the City Council — December 10, 2013 — Page 2 of 4
1 . Monthly Treasurer' s Report for September & October 2013 — authorize the Mayor and City Clerk
to execute (ADM 2013 -54)
2 . Resolution 2013-23 Approving a City Credit Card Policy — authorize the Mayor and City Clerk
to execute (ADM 2013 -58)
3 . Ordinance 2013-65 Authorizing Budget Amendment for 4`" of July Fireworks — authorize the
Mayor and City Clerk to execute (ADM 2013 -59)
4. Resolution 2013-24 Amending the 457(b) Deferred Compensation Plan — authorize the Mayor
and City Clerk to execute (ADM 2013 -60)
5 . 2013 Bond Abatements (ADM 2013 -62)
a. Ordinance 2013-66 abating the tax hereto levied for the year 2013 to pay the principal of
and interest on $2,000,000 General Obligation Bonds (Alternate Revenue Source), Series
2005C — authorize the Mayor and City Clerk to execute
b. Ordinance 2013-67 abating the tax levied for the year 2013 to pay the principal of and
interest on the $ 11 , 150,000 General Obligation Refunding Bonds (Alternate Revenue
Source), Series 2011 — authorize the Mayor and City Clerk to execute
c. Ordinance 2013-68 abating the tax hereto levied for the year 2013 to pay the principal of
and interest on $3 ,525,000 General Obligation Bonds (Alternate Revenue Source),
Series 2005 — authorize the Mayor and City Clerk to execute
d. Ordinance 2013-69 abating a portion of the tax hereto levied for the year 2013 to pay the
principal of and interest on the $3 ,020,000 General Obligation Refunding Bonds,
(Alternate Revenue
Source), Series 2007A — authorize the Mayor and City Clerk to execute
e. Ordinance 2013-70 abating the tax hereto levied for the year 2013 to pay the principal of
and interest on the $3 , 500,000 General Obligation Bonds (Alternate Revenue Source),
Series 2004B — authorize the Mayor and City Clerk to execute
6 . SSA Abatement Ordinances (ADM 2013 -63 )
a. Ordinance 2013-71 Abating Special Service Area Taxes for Special Service Area
Number 2005- 108 (Autumn Creek Project) and Approving the Amended Special Tax
Roll — authorize the Mayor and City Clerk to execute
b. Ordinance 2013-72 Abating Special Service Area Taxes for Special Service Area
Number 2005- 109 (Bristol Bay I Project) and Approving the Amended Special Tax Roll
— authorize the Mayor and City Clerk to execute
c. Ordinance 2013-73 Abating Special Service Area Taxes for Special Service Area
Number 2003 - 100(Raintree Village Project) and Approving the Amended Special Tax
Roll — authorize the Mayor and City Clerk to execute
d. Ordinance 2013-74 Abating Special Service Area Taxes for Special Service Area
Number 2003 - 101 (Windett Ridge Project) and Approving the Amended Special Tax
Roll — authorize the Mayor and City Clerk to execute
e . Ordinance 2013-75 Abating Special Service Area Taxes for Special Service Area
Number 2004- 104 (Central Grande Reserve) and Approving the Amended Special Tax
Roll — authorize the Mayor and City Clerk to execute
f. Ordinance 2013-76 Abating Special Service Area Taxes for Special Service Area
Number 2004- 107 (Raintree Village H Project) — authorize the Mayor and City Clerk to
execute
7. Ordinance 2013-77 for the Amended Levy and Assessment of Taxes for the Fiscal Year
Beginning May 1 , 2014 and Ending April 30, 2015 in and for the United City of Yorkville
Special Service Area Number 2004-201 (Fox Hill) — authorize the Mayor and City Clerk to
execute (ADM 2013 -64)
8 . Ordinance 2013-78 for the Amended Levy and Assessment of Taxes for the Fiscal Year
Beginning May 1 , 2014 and Ending April 30, 2015 in and for the United City of Yorkville
Special Service Area Number 2006- 119 (Sunflower Estates) — authorize the Mayor and City
Clerk to execute (ADM 2013 -65 )
9 . Ordinance 2013-79 Amending the Code of Ordinances Regarding the Flood Insurance Rate Map
(CC 2013 -84)
Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman
Milschewski; seconded by Alderman Funkhouser.
Motion approved by a roll call vote. Ayes-8 Nays-0
Colosimo-aye, Milschewski-aye, Spears-aye, Frieders-aye,
Funkhouser-aye, Koch-aye, Teeling-aye, Kot-aye
MINUTES FOR APPROVAL
1 . Minutes of the City Council — November 12, 2013 (CC 2013 -85)
Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting for
November 12, 2013 as presented. So moved by Alderman Funkhouser; seconded by Alderman Koch.
Amendment approved unanimously by a viva voce vote.
The Minutes of the Reeular Meeting of the City Council — December 10, 2013 — Pa2e 3 of 4
BILLS FOR PAYMENT
Mayor Golinski stated that the bills were $679,009 .01 .
REPORTS
MAYOR' S REPORT
Resolution 2013-25 Authorizing the Closing of the United City of Yorkville' s
Countryside TIF Account with Castle Bank
(CC 2013 -86)
Mayor Golinski entertained a motion to approve a resolution authorizing the closing of the United City of
Yorkville's Countryside TIF account with Castle Bank and authorize the Mayor and City Clerk to
execute . So moved by Alderman Colosimo; seconded by Alderman Frieders.
Motion approved by a roll call vote. Ayes-8 Nays-0
Kot-aye, Frieders-aye, Spears-aye, Colosimo-aye,
Funkhouser-aye, Milschewski-aye, Teeling-aye, Koch-aye
PUBLIC WORKS COMMITTEE REPORT
Blackberry Woods Letter of Credit Reduction
(PW 2013 -48)
Alderman Teeling made a motion to authorize a reduction to First National Bank letter of credit
#STB10200038 in an amount not to exceed $55 ,968 .39; seconded by Alderman Kot.
Motion approved by a roll call vote. Ayes-7 Nays- 1
Frieders-aye, Spears-aye, Colosimo-nay, Funkhouser-aye,
Milschewski-aye, Teeling-aye, Koch-aye, Kot-aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
— ADMINISTRATION COMMITTEE REPORT
No report.
PARK BOARD
No report.
PLAN COMIVIISSION
No report.
ZONING BOARD OF APPEALS
No report.
CITY COUNCIL REPORT
No report.
CITY CLERK' S REPORT
No report.
COMMUNITY & LIAISON REPORT
No report.
STAFF REPORT
No report.
ADDITIONAL BUSINESS
Bond Rating
Mayor Golinski wanted to congratulate the staff and everyone on the City Council in regards to the bond
rating email they received. He feels the City has come a long way and SNP recognizing this is a feather in
Yorkville's hat. It is something to be proud o£
Compliance Check for Liquor Establishments
Mayor Golinski stated the City did have a compliance check for liquor establishments over the last couple
of weeks. A couple establishments failed the compliance check. Mayor Golinski and Police Chief Hart sat
down with those establishments and explained the importance of 100% compliance. Hopefully there will
not be any more violations in the future.
The Minutes of the Regular Meeting of the City Council — December 10, 2013 — Page 4 of 4
Meeting Packets
Mayor Golinski stated that the paper packets are getting ridiculous. The City should think about
eliminating paper packets and going to another option.
EXECUTIVE SESSION
Mayor Golinski entertained a motion to go into Executive Session for the purpose of litigation. So moved
by Alderman Colosimo; seconded by Alderman Funkhouser.
Motion approved by a roll call vote. Ayes-8 Nays-0
Spears-aye, Milschewski-aye, Colosimo-aye, Kot-aye,
Teeling-aye, Koch-aye, Funkhouser-aye, Frieders-aye
The City Council entered Executive Session at 7 : 31 p .m.
The City Council returned to regular session at 8 : 17 p.m.
CITIZEN COMMENTS
None.
ADJOURNMENT
Mayor Golinski stated meeting adjourned.
Meeting adjourned at 8 : 18 p .m.
Minutes submitted by:
&A
Beth Warren,
City Clerk, City of Yorkville, Illinois
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5 UNITED CITY OF YORKVILLE
6 KENDALL COUNTY , ILLINOIS
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8 CITY COUNCIL MEETING
9 PUBLIC HEARING
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17 Tuesday , December 10 , 2013
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1 PRESENT :
2 Mr . Gary Golinski , Mayor ;
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3 Mr . Carlo Colosimo , Alderman ;
4 Mr . Ken Koch , Alderman ;
5 Ms . Jackie Milschewski , Alderman ;
6 Mr , Larry Kot , Alderman ;
7 Mr . Chris Funkhouser , Alderman ;
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8 Mr . Joel Frieders , Alderman ;
9 Ms . Rose Ann Spears , Alderman ,
10 present telephonically ;
11 Ms . Diane Teeling , Alderman ,
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13 ALSO PRESENT :
14 Mr . Bart Olson , City Administrator ,
15 Ms . Beth Warren , City Clerk ,
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16 Ms . Kathleen Field Orr , City Attorney ,
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1 ( WHEREUPON , the following
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3 public hearing : )
4 MAYOR GOLINSKI : We ' ll go into public
5 hearing for PC 2013 - 15 , Green Organics , Inc . ,
6 Petitioner , has filed an application with the
7 United City of Yorkville of Kendall County ,
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8 requesting an amended annexation and planned unit
9 development .
10 Do we have any members of the public
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12 on Green Organics ? ff
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13 ( No response . )
14 MAYOR GOLINSKI : Anyone else ? Anyone
15 have anything to say during the public hearing ?
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17 MAYOR GOLINSKI : Anyone from the City
18 Council ?
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19 ( No response . )
20 MAYOR GOLINSKI : Hearing none , we will
21 close the public hearing for PC 2013 - 15 .
22 ( Which were all the
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1 STATE OF ILLINOIS )
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2 COUNTY OF LASALLE )
3 I , Christine M . Vitosh , a Certified Shorthand
4 Reporter , do hereby certify that I transcribed
5 the proceedings had at the pubic hearing and that
6 the foregoing , Pages 1 through 5 , inclusive , is a
7 true , correct and complete computer - generated
8 transcript of the proceedings had at the time and
9 place aforesaid .
10 I further certify that my certificate annexed
11 hereto applies to the original transcript and
12 copies thereof , signed and certified under my
13 hand only . I assume no responsibility for the
14 accuracy of any reproduced copies not made under
15 my control or direction .
16 As certification thereof , I have hereunto set
17 my hand this 8th day of January , A . D . , 20149
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20 Christine M . Vitosh , CSR
Illinois CSR No . 084 - 002883
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transcript [z] - 5:81
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084-002883 [1) - 5:20 Carlo (1] - 2:3 hand [2] - 5: 13, 5: 17 OF [3] - 1 :5, 5: 1 , 5:2 true [i] - 5:7
certificate [1] - 5: 10 HEARING Ill - 1 :9 Olson [i] - 2: 14 Tuesday pi - 1 : 17
certification [i) - 5: 16 hearing (s) - 3: 3, 3:51 Organics [2] - 3:51
Certified [i] - 5:3 3: 11 , 3: 15, 3:20, 3: 12 U j
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certified [i] - 5: 12 3:21 , 3:24, 5: 5 original [i] - 5: 11
1 - 5:6 certify [2) - 5:41 5: 10 hereby [i) - 5 :4 Orr [l] - 2: 16
10 �] - 1 : 17 Chris [1] - 2:7 hereto [1] - 5: 11 under (2) - 5: 12, 5: 14
Christine [2] - 5:31 hereunto [i] - 5: 16 P unit [i] - 3:8
2 5:20 UNITED [1] - 1 :5
CITY [2] - 1 :5, 1 :8 1 United [1] - 3:7
2013 Ill - 1 : 17 City [5) - 2: 14, 2: 15, P•Pages[i] - 5:
2013-15 [2] - 3:51 3 :21 2: 16 , 3:7, 3: 17 es [3 I - 5 V
2014 [i] - 5: 17 Clerk [i] - 2: 15 ILLINOIS [z] - 1 :61 5: 1 PC [2) - 3 :5, 3:21
close [1] - 3:21 Illinois [z] - 1 : 14, 5:20 Petitioner [i] - 3:6
5 Colosimo [1] - 2:3
Inc [1] - 3: 5 place [1) - 5:9 Vitosh [2) - 5:3 , 5:20
complete [i) - 5:7 inclusive Ill - 5:6 planned [1) - 3:8 j
computer [i] 5:7 portion [l] - 3:24 W
5 [i] - 5:6 computer-generated J PRESENT [z] - 2: 1 ,
[�I - 5:7 2: 13 Warren [i) - 2: 15
7 control i - 5: 15 present i - [4) WHEREUPON [1] -
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copies [2] - 5: 1215 : 14 January [i] - 5: 17 proceedings [4] - 3:2, 3: 1
correct [i] - 5:7 3:23, 5:5, 5
7: 00 [i) - 1 : 18 Joel [i] - 2:8 pubic [i] - 5::5
COUNCIL p] - 1 :8 y
Council [1] - 3: 18 PUBLIC [i) - 1 : 9
8 COUNTY [2] - 1 1 :6, 5:2 K public p) - 3:3, 3:4,
County [�) - 3: 10, 3: 11 , 3: 15, YORKVILLE [i) - 1 :5
Kathleen [i] - 2: 16 3:21 , 3:24 Yorkville [2) - 1 : 14,
800 [i) - 1 : 13 CSR [2] - 5:20, 5:20 3:7
8th [1] - 5: 17 Ken [1] - 2:4
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Koch [1] - 2:4 Reporter [1] - 5:4
December [i] - 1 : 17 Kot [1] - 2 :6 reproduced (i] - 5: 14
A.D [i ] - 5: 17 development [l] - 3:9 requesting [1] - 3: 8
accuracy [i] - 5: 14 Diane [1 ] - 2 : 11 L response [3] - 3: 13, j
Administrator [1] - direction [i] - 5: 15 --
2 : 14 during [2] - 3: 11 , 3: 15 3: 16, 3: 19
aforesaid [i] - 5:9 Larry [i] - 2:6 responsibility [i) -
Alderman [a] - 2: 3, F LASALLE [i] - 5:2 5: 13
2 :41 2:5, 2:61 2:73 Road [i] - 1 : 13
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Rose [i] - 2 : 9
ALSO [i) - 2: 13 Farm p] - 1 : 13
amended [i) - 3:8 Field [1] - 2: 16 S
Ann [l] - 2:9 filed [i] - 3:6 Mayor [q - 2:2
MAYOR (4] - 3:4, 3: 14,
following [1] - 3: 1
annexation [i] - 3:8 set [�] - 5: 16
annexed (1] - 5 : 10 foregoing [i ] - 5:6 3: 17, 3:20
Frieders [1) - 2:8 MEETING [t] - 1 :8 Shorthand [1) - 5:3
application (i) - 3:6 meeting [1) - 4: 1 signed [1] - 5: 12
applies [1] - 5: 11 Funkhouser [i] - 2:7 i ears S - 2:9
members (i] - 3: 10 P [ ]
assume [1] - 5: 13 SS [i) - 5: 1
Attorney [Ischewski [i] - 2:5
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B Game [i] - 1 : 13 N T j
Gary [1] - 2:2
Bart [1] - 2: 14 generated [i] - 5:7 none [1] - 3:20
Teeling [i] - 2: 11
Beth [1] -i 2: 15 Golinski [1] - 2:2
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Green [2) - 3:5, 3: 12
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BOND ORDER
We, the undersigned, the duly elected and acting Mayor and City Clerk of the United
City of Yorkville, Kendall County, Illinois (the "City"), on behalf of the City, hereby order,
pursuant to Ordinance No . 2013 -60 adopted by the Board of Trustees of the City on October 22 ,
2013 (the "Ordinance") , that :
1 . The City's General Obligation (Alternate Revenue Source) Refunding Bonds,
Series 2014 shall be issued in the amount of $ 1 ,235 , 000 and shall be dated January 6, 2014 (the
"Bonds") .
2 . The City has received a coverage report prepared for the City by Speer
Financial, Inc. that the Pledged Revenues , as defined in the Ordinance, will provide in each
year an amount not less than 1 .25 times the debt service on the Bonds, and the City Clerk will
file a copy of the report in the City ' s records .
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3 . The Bonds shall become due and payable on December 1 in the years and
amounts and shall bear interest payable semi-annually on June 1 and December 1 at the rates as
set forth below :
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Year of Principal Rate of
Maturity Amount Interest
2025 $2305000 4 . 00%
2026 2355000 4 . 00 %
2027 24500 4 . 05 %
2028 2555000 4 . 15 % j
2029 270 ,000 4 . 30 %
4 , The Bonds are subject to optional redemption on any date on or after December
11 2023 at the price of 100% of the principal amount plus accrued interest to the date of
redemption.
5 . Taxes shall be levied from 2014 (collectible in 2015) through 2028 (collectible
in 2028 ) . The levy for taxes, as provided for in Section 10 of the Ordinance, shall be in the
amounts and in the years as follows :
For the Levy Year A Tax Sufficient to Produce the Sum of:
2014 $25 ,357 . 50 for interest
2015 $ 50 , 715 . 00 for interest
2016 $ 50 , 715 . 00 for interest
2017 $ 50, 715 . 00 for interest
2018 $ 50 ,715 . 00 for interest
2019 $ 50 , 715 . 00 for interest
2020 $ 50,715 . 00 for interest
2021 $ 50 ,715 . 00 for interest
2022 $ 50 , 715 . 00 for interest
2023 $ 50 ,715 . 00 for interest
2024 $280 ,715 . 00 for principal and interest
2025 $276 , 515 . 00 for principal and interest
2026 $277 , 115 . 00 for principal and interest
2027 $277 , 192 . 50 for principal and interest
2028 $281 , 610 . 00 for principal and interest
6 . The Bonds shall be sold to Bernardi Securities, Inc. (the "Underwriter") , for the
purchase price of $ 1 ,225 ,226 . 55 representing the par amount of the Bonds plus a reoffering
premium of $ 5 , 664 . 05 less a Underwriter' s discount of $ 15 ,437 . 50 . The Bond Purchase
Agreement presented by the Underwriter is hereby approved.
7 . The Preliminary Official Statement in the form submitted to us is hereby
approved and deemed nearly final, and the Mayor will execute the final Official Statement after
completion to reflect the results of the sale of the Bonds to the Underwriter. The Continuing E
Disclosure Undertaking in the form submitted to us is hereby approved, and the Mayor and City
Clerk will complete and execute the Continuing Disclosure Undertaking.
8 , The City agrees to provide or direct The Bank of New York Mellon Trust
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Company, N . A . , as Paying Agent and the holder of the Bond Fund established pursuant to
Section 10 of the Ordinance, to provide, upon request of the Underwriter, a copy of the monthly
statement of the Bond and Interest Account which reflects the monthly deposit therein of the
Pledged Revenues in the amount required by Section 10 of the Ordinance.
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9 . The reoffering premium in the amount of $ 5 , 664 . 05 and $ 65 ,477 . 83 for a total of j
$ 71 , 141 . 88 shall be deposited into the Bond Fund, $43 ,022 . 56 shall be used to pay costs of
issuance of the Bonds , and the balance, $ 1 , 111 ,082 . 11 , shall be deposited into the Escrow
Account and used to refund a portion of the 2005 Bonds .
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10 . We, the undersigned, hereby find and determine that the Bonds have been sold at j
such price and bear interest at such rates that neither the true interest cost (yield) nor the net
interest rate received upon the sale of the Bonds exceeds the maximum rate otherwise authorized
by applicable law and the Ordinance; and no person holding any office of the City either by
election or appointment, is in any manner interested, in his or her own name, or in the name of
any other person, association, trust company or corporation, in the purchase of the Bonds . The
proceeds of the Bonds are to be used for the purposes set forth in the Ordinance,
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11 . Capitalized terms used herein and not otherwise defined shall have the meanings
ascribed thereto in the Ordinance .
Dated : December 10 , 2013 .
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UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS
Mayor
ATTEST :
City Clerk
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STATE OF ILLINOIS )
SS :
COUNTY OF KENDALL )
FILING CERTIFICATE
I, the undersigned, do hereby certify that I am duly qualified and acting County Clerk of
Kendall County, Illinois , and as such official , I do certify that on the _ day of December, 2013 ,
there was filed in my office an original copy of the Bond Order duly executed by the Mayor and
City Clerk of the United City of Yorkville, Kendall County, Illinois, on the day of December,
2013 , and that same has been deposited in the official files and records of my office.
IN WITNESS WHEREOF , I hereunto affix my official signature and the seal of said
County, the day of January, 2014 .
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County Clerk of Kendall County, Illinois
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[ SEAL]
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REGULAR CITY COUNCIL MEETING
. 01 1 eermL,,� D .2dI
PLEASE PRINT
NAME: . SUBDIVISION OR BUSINESS
Ladd
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SIGNIN