Ordinance 2016-41 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2016-41
AN ORDINANCE authorizing the issuance of Waterworks and
Sewerage Revenue Refunding Bonds of the United City of
Yorkville, Kendall County, Illinois, in an aggregate principal amount
not to exceed$6,500,000.
Adopted by the City Council on the
28'h day of June, 2016.
MINUTES of a regular public meeting of the City Council of the
United City of Yorkville, Kendall County, Illinois, held at the City
Council Chambers of the City Hall, located at 800 Game Farm
Road, in said City, at 7:00 o'clock P.M., on the 28'' day of June,
2016.
The Mayorticalled the meeting to order and directed the City Clerk to call the roll.
Upon roll call, the following answered present at said location: &"4, K rr(�k
The following Aldermen were absent: E'
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The Mayorrannounced that in order to refund certain debt certificates and bonds of the
City, it would be necessary for the City to issue Waterworks and Sewerage Revenue Refunding
Bonds and that the City Council would consider the adoption of an ordinance authorizing the
issuance of such bonds.
Whereupon Alderman F-Un11-41 AtUSEk. presented and the City Clerk read by title an
ordinance as follows, a copy of which was provided to each Alderman prior to said meeting and
to everyone in attendance at said meeting who requested a copy:
ORDINANCE No. V 6'C11
AN ORDINANCE authorizing the issuance of Waterworks and
Sewerage Revenue Refunding Bonds of the United City of
Yorkville, Kendall County, Illinois, in an aggregate principal
amount not to exceed $6,500,000.
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City'), is a
duly organized and existing municipality incorporated and existing under the provisions of the
laws of the State of Illinois, is now operating under the provisions of the Illinois Municipal Code,
as amended (the "Code"), and for many years has owned and operated a municipally-owned
waterworks and sewerage system (the "System") pursuant to Division 139 of Article 11 of the
Code(the "Waterworks and Sewerage Law"); and
WHEREAS, the City Council of the City (the "City Council') has determined that it is
advisable, necessary and in the best interests of the public health, safety and welfare to refund
(the "Refunding') all or a portion of the City's Refunding Debt Certificates, Series 2006A dated
December 19, 2006 and its General Obligation Refunding Bonds (Alternate Revenue Source),
Series 2007A dated March 1, 2007 (collectively, the "Outstanding Obligations"), all in
accordance with the estimate of costs therefor; and
WHEREAS, the estimated aggregate cost of the Refunding, including legal, financial,
bond discount, printing and publication costs and other expenses, is $6,500,000, and there are
insufficient funds on hand and lawfully available to pay such costs; and
WHEREAS, it is necessary and for the best interests of the City that the Refunding be
undertaken and in order to finance the costs thereof it will be necessary for the City to issue up to
$6,500,000 of bonds (the "Waterworks and Sewerage Revenue Refunding Bonds") payable from
the revenues of the System as authorized to be issued at this time pursuant to the Waterworks
and Sewerage Law, Division 4 of Article 8 of the Code and other applicable law.
NOW, THEREFORE, Be It Ordained by the City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. Incorporation of Preambles. The City Council hereby finds that all of the
recitals contained in the preambles to this Ordinance are full, true and correct and do incorporate
them into this Ordinance by this reference.
Section 2. Determination to Issue Bonds. It is necessary and in the best interests of
the City to pay for the Refunding for the public health, safety and welfare, in accordance with the
estimate of costs as hereinabove described, that the System continue to be operated as a
combined utility in accordance with the provisions of the Waterworks and Sewerage Law, and
that for such purpose, there are hereby authorized to be issued and sold the Waterworks and
Sewerage Revenue Refunding Bonds in an aggregate principal amount not to exceed $6,500,000.
Section 3. Publication. This Ordinance, together with a notice in the statutory form
(the "Notice"), shall be published once within ten (10) days after passage hereof by the City
Council in the Beacon-News, the same being a newspaper of general circulation in the City, and
if no petition, signed by 1,131 electors (being equal to ten percent (10%) of the number of
registered voters in the City), asking that the question of refunding the Outstanding Obligations,
as provided in this Ordinance, and the issuance of the Waterworks and Sewerage Revenue
Refunding Bonds therefor, be submitted to the electors of the City is filed with the City Clerk
within thirty(30) days after the date of the publication of this Ordinance and the Notice, then the
Waterworks and Sewerage Revenue Refunding Bonds shall be authorized to be issued.
Section 4. Additional Ordinances. If no petition meeting the requirements of the
Code and other applicable law is filed during the petition periods hereinabove referred to, then
the City Council may adopt additional ordinances or proceedings supplementing or amending
this Ordinance providing for the issuance and sale of the Waterworks and Sewerage Revenue
Refunding Bonds, prescribing all the details of the Waterworks and Sewerage Revenue
Refunding Bonds, and providing for the collection, segregation and distribution of the revenues
of the System, so long as the maximum amount of the Waterworks and Sewerage Revenue
Refunding Bonds as set forth in this Ordinance is not exceeded and there is no material change in
the Refunding or other purposes described herein. Such additional ordinances or proceedings
shall in all instances become effective immediately without publication or posting or any further
act or requirement. This Ordinance, together with such additional ordinances or proceedings,
shall constitute complete authority for the issuance of the Waterworks and Sewerage Revenue
Refunding Bonds under applicable law.
Section 5. Severability. If any section, paragraph, clause or provision of this
Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision
shall not affect any of the other provisions of this Ordinance.
(This space is intentionally blank)
Section 6. Repealer. All ordinances, resolutions or orders, or parts thereof, in conflict
with the provisions of this Ordinance are to the extent of such conflict hereby repealed.
ADOPTED by the City Council on the 28th day of June, 2016, pursuant to a roll call vote as
follows: 1
CARLO COLOSIMO KEN KOCH
JACQUELYN MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
L
SEAVER TARULIS DIANE TEELING
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the
28th day of June, 2016.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the
28th day of June, 2016.
ITY CLERK
Alderman moved and Alderman ' r°Y; seconded the
motion that said ordinance as presented and read by title by the City Clerk be adopted.
After a full and complete discussion thereof, including a public recital of the nature of the
matter being considered and other information that informed the public of the business being
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conducted, the MayorAdirected that the roll be called for a vote upon the motion to adopt the
ordinance.
Upon the roll being called, the following Aldermen voted AYE: kc k-o
ToLut (0 1
r
NAY:
Whereupon the MayorAdeclared the motion carried and the ordinance adopted, and
henceforth 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, which was done.
Other business not pertinent to the adoption of said ordinance was duly transacted at said
meeting.
Upon motion duly made and seconded, the meeting was adjourned,
CITY CLERK
NOTICE OF INTENT TO ISSUE REVENUE BONDS
AND RIGHT TO FILE PETITION
Notice is hereby given that pursuant to Ordinance No.R010,1adopted on the 28th day of
June, 2016 (the "Ordinance"), the United City of Yorkville, Kendall County, Illinois (the
"City'), intends to issue its Waterworks and Sewerage Revenue Refunding Bonds in an
aggregate principal amount not to exceed $6,500,000 (the "Waterworks and Sewerage Revenue
Refunding Bonds') and bearing interest per annum at not to exceed the maximum rate authorized
by law at the time of the sale thereof, for the purpose of refunding a portion of the City's
Refunding Debt Certificates, Series 2006A and its General Obligation Refunding Bonds
(Alternate Revenue Source), Series 2007A (collectively, the "Outstanding Obligations"). A
complete copy of the Ordinance follows this notice.
Notice is hereby further given that if a petition signed by 1,131 or more electors of the
City(the same being equal to 10% of the registered voters of the City) asking that the question of
refunding the Outstanding Obligations, as provided in the Ordinance, and the issuance of the
Waterworks and Sewerage Revenue Refunding Bonds therefor, be submitted to the electors of
the City is filed with the City Clerk within thirty (30) days after the date of publication of the
Ordinance and this notice, an election on the proposition to issue the Waterworks and Sewerage
Revenue Refunding Bonds shall be held on the 8th day of November, 2016. The Circuit Court
may declare that an emergency referendum should be held prior to either of said election dates
pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as
amended.
A form of petition for such purpose is available to any individual requesting one from the
office of the City Clerk.
By order of the City Council of the United City of Yorkville, Kendall County, Illinois,
this 28th day of June, 2016.
/s/Beth Warren
City Clerk, United City of Yorkville,
Kendall County, Illinois
PETITION-WATERWORKS AND SEWERAGE REVENUE REFUNDING BONDS
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 following question to the electors of said
City: "Shall the United City of Yorkville, Kendall County, Illinois, refund a portion of said
City's Refunding Debt Certificates, Series 2006A and its General Obligation Refunding Bonds
(Alternate Revenue Source), Series 2007A, and issue Waterworks and Sewerage Revenue
Refunding Bonds to the aggregate amount of $6,500,000 for the purpose of paying the costs
thereof'; and we do hereby further request that the City Clerk of said City certify said
proposition to the County Clerk of The County of Kendall, Illinois, for submission to said voters
at the next election at which said proposition lawfully may be submitted to said voters.
NAME ADDRESS
Yorkville, Kendall County, Illinois
Yorkville, Kendall County, Illinois
Yorkville, Kendall County, Illinois
Yorkville, Kendall County, Illinois
Yorkville, Kendall County, Illinois
Yorkville, Kendall County, Illinois
Yorkville, Kendall County, Illinois
Yorkville, Kendall County, Illinois
Yorkville, Kendall County, Illinois
The undersigned, being first duly sworn, deposes and certifies that he or she is at least 18
years of age,his or her residence address is
(Street Address), (City, Village or Town),
County, (State), that he or she is a citizen of the United States of
America, that the signatures on the foregoing petition were signed in his or her presence and are
genuine, that to the best of his or her knowledge and belief the persons so signing were at the
time of signing said petition registered voters of said City and that their respective residences are
correctly stated therein.
Signed and sworn to before me this
day of , 2016.
Notary Public
My commission expires _
(NOTARY SEAL)
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
NO PETITION CERTIFICATE
1, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of
the United City of Yorkville, Kendall County, Illinois (the "City"), and as such official I do
further certify that pursuant to an Ordinance entitled:
AN ORDINANCE authorizing the issuance of Waterworks and Sewerage
Revenue Refunding Bonds of the United City of Yorkville, Kendall
County, Illinois, in an aggregate principal amount not to exceed
$6,500,000.
duly adopted by the City Council of the City(the "City Council") on the 28a' day of June, 2016,
notice of authorization of the City to issue $6,500,000 Waterworks and Sewerage Revenue
Refunding Bonds Revenue Bonds was published on the I day of Ju L-`( , 2016, in the
Beacon-News, the same being a newspaper of general circulation in the City, and was not posted
electronically on the City's World Wide Web pages.
I do further certify that no petition has ever been filed in my office as City Clerk or has
ever been presented to me as such official requesting that the proposition to issue said bonds be
submitted to the voters of the City, but that I provided a petition form regarding the same to
every individual requesting one.
IN WITNESS WHEREOF, I hereunto affix my official signature, this 30'6 day of
S5 E-0 F- 6W,2016.
City Clerk
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
CERTIFICATION OF ORDINANCE AND MINUTES
I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of
the United City of Yorkville, Kendall County, Illinois (the "City'), and as such officer I am the
keeper of the books, records, files, and journal of proceedings of the City and of the City Council
thereof(the "City Council").
I do further certify that the foregoing constitutes a full, true and complete transcript of the
minutes of the meeting of the City Council held on the 28t' day of June, 2016, insofar as same
relates to the adoption of Ordinance No. a 0 1 to-y 1 entitled:
AN ORDINANCE authorizing the issuance of Waterworks and
Sewerage Revenue Refunding Bonds of the United City of
Yorkville, Kendall County, Illinois, in an aggregate principal
amount not to exceed $6,500,000.
a true, correct and complete copy of which said ordinance as adopted at said meeting appears in
the foregoing transcript of the minutes of said meeting.
I do further certify that the deliberations of the City Council on the adoption of said
ordinance were taken openly, that the vote on the adoption of said ordinance was taken openly,
that said meeting was held at a specified time and place convenient to the public, that notice of
said meeting was duly given to all of the news media requesting such notice, that an agenda for
said meeting was posted at the principal office of the City Council at least 96 hours in advance of
the holding of said meeting, that a true, correct and complete copy of said agenda as so posted is
attached hereto as Exhibit A, that said meeting was called and held in strict accordance with the
provisions of the Illinois Municipal Code, as amended, and the Open Meetings Act of the State
of Illinois, as amended, and the Local Government Debt Reform Act of the State of Illinois, as
amended, and that the City Council have complied with all of the applicable provisions of said
Code and said Acts and its procedural rules in the adoption of said ordinance.
IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City,
this 28h day of June, 2016.
(SEAL)
City Clerk, United City of Yorkville, Kendall
County, Illinois
[Attach Agenda as Exhibit A]
EX441131
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` United City of Yorkville
800 Game Farm Road
EST
.,...-------'836 Yorkville, Illinois 60560
w Telephone: 630-553-4350
www.yorkville.il.us
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AGENDA
CITY COUNCIL MEETING
Tuesday, June 28, 2016
7:00 p.m.
City Hall Council Chambers
800 Game Farm Road, Yorkville, IL
Call to Order:
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Carlo Colosimo Jackie Milschewski Chris Funkhouser Diane Teeling
Ken Koch Larry Kot Joel Frieders Seaver Tarulis
Establishment of Quorum:
Amendments to Agenda:
Presentations:
Public Hearings:
Citizen Comments on Agenda Items:
Consent Agenda:
1. ADM 2016-37 Monthly Treasurer's Report for May 2016
2. ADM 2016-41 Ordinance Declaring the United City of Yorkville's Compliance with Illinois Prevailing
Wage Act—authorize Mayor and City Clerk to execute
3. PW 2016-34 Intergovernmental Agreement (KC-TAP) for Kennedy Road Multi-Use Path —authorize
Mayor and City Clerk to execute
4. PW 2016-35 Resolution Approving the Transfer of the United City of Yorkville's Interest in the Stone
Subdivision Sign Located at the Southwest Corner of Diehl Farm Road and U.S. Route 34 (1605
Cottonwood Trai I)—authorize Mayor and City Clerk to execute
5. PW 2016-36 Wrigley—Grant of Easement—authorize Mayor and City Clerk to execute
6. PW 2016-37 IL Route 47 Improvements at Wrigley Access Drive—accept bid and award contract to
Geneva Construction in an amount not to exceed$400,504.10
7. PW 2016-39 104 Beaver Street—Grant of Easement—authorize Mayor and City Clerk to execute
8. PW 2016-41 NPDES Annual Report—authorize the City Administrator to execute
Minutes for Approval:
Bills for Payment (Informational): $1,446,027.49
City Council Agenda
June 28, 2016
Page 2
Mayor's Report:
1. CC 2016-40 Bond Ordinances
a. Ordinance Authorizing the Issuance of Waterworks and Sewerage Revenue Refunding Bonds of the
United City of Yorkville, Kendall County, Illinois, in an aggregate principal amount not to
exceed $6,500,000
b. Ordinance Authorizing the Issuance of General Obligation Refunding Bonds (Alternate Revenue
Source), Series 2016 of the United City of Yorkville, Kendall County, Illinois in an amount not to
exceed $6,500,000 for the purpose of refunding all or a portion of the City's outstanding
Refunding Debt Certificates, Series 2006A and General Obligation Refunding Bonds (Alternate
Revenue Source), Series 2007A
c. Ordinance Calling a Public Hearing Concerning the Intent of the City Council of the United City of
Yorkville, Kendall County, Illinois, to sell not to exceed$6,500,000 General Obligation Alternate
Revenue Bonds
2. CC 2016-41 Ordinance Approving the Bristol Bay Park Purchase and Sale Agreement
Public Works Committee Report:
1. PW 2016-38 Fountain Village— Development Status
Economic Development Committee Report:
1. EDC 2016-33 Ordinance Creating a Planning and Zoning Commission
Public Safety Committee Report:
Administration Committee Report:
1. ADM 2016-42 Clerk and Treasurer Referendums
a. Resolution Providing for the Submission to the Electors of the United City of Yorkville, Kendall
County, Illinois, a Referendum of Whether the City Should Abolish the Elected Office of
City Clerk and the Duties of the City Clerk be Assigned to the Deputy Clerk
b. Resolution Providing for the Submission to the Electors of the United City of Yorkville, Kendall
County, Illinois, a Referendum of Whether the City Should Abolish the Elected Office
of City Treasurer and the Duties of the City Treasurer be Assigned to the Finance Director
2. ADM 2016-43 Resolution Providing for the Submission to the Electors of the United City of Yorkville,
Kendall County, a Referendum of Whether the City Should Become a Home Rule Municipality
Park Board:
Plan Commission:
1. PC 2016-12 Ordinance of the United City of Yorkville, Kendall County, Illinois, Approving a Special
Use for a Commercial/Trade School Within Units B and C at 210 Beaver Street
Zoning Board of Appeals:
City Council Report:
City Clerk's Report:
Community and Liaison Report:
City Council Agenda
June 28, 2016
Page 3
Staff Report:
Additional Business:
Executive Session:
Citizen Comments:
Adjournment:
COMMITTEES, MEMBERS AND RESPONSIBILITIES
---------------------------------------------------------------------------------------------------------------------------------------------------------------------1.
ADMINISTRATION: July 20, 2016—6:00 p.m.—Ckty__Hall_Conference Room:
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Committee Departments Liaisons
Chairman: Alderman Milschewski Finance Library
Vice-Chairman: Alderman Frieders Administration
Committee: Alderman Teeling
Committee: Alderman Tarulis
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-ECONOMIC DEVELOPMENT: July 5,2016—6:00_p.m._7_City_Hall Conference Room:
----------------==M��=:---------------===------- --------------------------------------
Committee Departments Liaisons
Chairman: Alderman Koch Community Development Plan Commission
Vice-Chairman: Alderman Teeling Building Safety and Zoning Yorkville Econ. Dev. Corp.
Committee: Alderman Colosimo Kendall Co. Plan Commission
Committee: Alderman Funkhouser
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iii�B' LIC SAFETY: 1 7,2016—6:30 p.m. —City Hall Conference Room:
-------------------------------- ---------------------------------------------------I-------=--------- --------- ---------------------------------------------- --------------
Committee Departments Liaisons
Chairman: Alderman Kot Police School District
Vice-Chairman: Alderman Frieders
Committee: Alderman Colosimo
Committee: Alderman Tarulis
_KB_---L-1---C_WO_----R----K---S:----J---n-1 y----19------2-0----1_4---------6-:00----p_.--m-----------c-1-tv------H---ad-1----Co----n-f e r e---n-c---e----R---oo----tn`�
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Committee Departments Liaisons
Chairman: Alderman Funkhouser Public Works Park Board
Vice-Chairman: Alderman Milschewski Engineering YBSD
Committee: Alderman Kot Parks and Recreation
Committee: Alderman Koch