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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' ?go-MM 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 ?go-MM 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 ,��D etry ` United City of Yorkville 800 Game Farm Road EST .,...-------'836 Yorkville, Illinois 60560 w Telephone: 630-553-4350 www.yorkville.il.us L'<L E 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: ---------------------------------- -----------------'----P----'------ ----------------------z-�------------------------------------zz-­Z"=Z�==�r=-------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Milschewski Finance Library Vice-Chairman: Alderman Frieders Administration Committee: Alderman Teeling Committee: Alderman Tarulis - ---- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ -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 - ----------------------------------------------------------------------------------------------------------------------------------------------------- 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`� -------------------- -----------------------=-----------------------7Z------------- --------------------------------------------------------------- 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