Resolution 2016-30 Resolution No. 2016-30
A RESOLUTION REGARDING HOME RULE POWERS
WHEREAS, Article VII, Section 6(a), of the Constitution of the State of Illinois
provides that any municipality which has a population of more than 25,000 is home rule unit and
as such may exercise any power and perform any function pertaining to its government and
affairs, including, but not limited to, the power to regulate for the protection of the public health,
safety, morals and welfare; to license; to tax; and to incur debt (collectively, "Home Rule
Powers"); and,
WHEREAS, non-home rule municipalities may elect by referendum to become a home
rule municipality; and,
WHEREAS, the Mayor and City Council of the United City of Yorkville, Kendall
County, Illinois (the "City") have determined that its citizens should be given the opportunity to
consider becoming a home rule community through a binding referendum but only on the
condition that the Mayor and City Council agree to exercise any one of the Home Rule Powers
with care and caution and only after residents have had the opportunity to express their views;
and,
WHEREAS, in the event the referendum is approved by a majority of the voters in the
City, the Mayor and City Council agrees to pledge to exercise any of the Home Rule Powers
only to the extent deemed necessary with a view to the long term impact upon the community
and with specific limitations on the power to tax and the power to incur debt, all as hereinafter
set forth.
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NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, hereby approve that the following policies in
the event the United City of Yorkville becomes a home rule municipality:
1. Prior to adoption of any ordinance establishing a new tax or increasing an existing
tax that is not authorized under the provisions of the Illinois Municipal Code (65
ILCS 5/1-1-1 set seq.) for municipalities that are not home rule units of
government, the Mayor and City Council shall be required to take the following
steps:
a. Schedule a public hearing on the proposed tax to give all taxpayers an
opportunity to express their opinions;
b. No less than fourteen (14) days before such public hearing, the City shall
publish a notice of the hearing in at least one newspaper having general
circulation in the City, will post the notice on the City's website, and will
ensure the notice is available for review at City Hall; and,
c. The notice of the public hearing shall inform the public of the date, time and
location of the public hearing and shall state the purpose and intended use of
the tax to be established or increased.
2. Any final property tax levy of the City shall not contain an increase that exceeds
the Property Tax Extension Limited Law (PTELL) found in the Illinois Compiled
Statutes (35 ILCS 200/18-185 through 35 ILCS 200/18-245), provided; however,
that the City Council may deem, in its sole discretion, that an emergency financial
condition exists, in which case, this Section 2 would not apply during such
emergency period. Any tax adjustments instituted in order to address any such
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emergency would thereafter be included within the determination of the base tax
levy subject to applicable future PTELL limitations.
3. The City will not issue any debt that will cause the City to exceed the debt
limitation of 8.625% of the Equalized Assessed Value (EAV) of all properties
within the City limits as established in the Illinois Municipal Code (65 ILCS 5/8-
5-1).
4. The provisions of this Resolution will become effective upon receipt of
certification by the County Clerk of Kendall County, Illinois, of the passage of the
referendum by a majority of the voters of the City that it should be a home rule
municipality.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois, this 077 day of (59PTEN 6E-P, , 2016.
IOG�-
-bEpt, City Clerk
CARLO COLOSIMO �!ye KEN KOCH Ue
JACKIE MILSCHEWSKI Ue LARRY KOT aye
CHRIS FUNKHOUSER Ue JOEL FRIEDERS Ue
DIANE TEELING Ue SEAVER TARULIS absent
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
3 day of CC7066)2 , 2016. A4Af
Mayor
Resolution No.2016-30
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Attest:
U Wa r
City Clerk
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