Loading...
Administration Packet 2003 08-14-03 United City of Yorkville A 11 County Seat of Kendall County EST.% 18361 800 Game Farm Road � U) Yorkville, Illinois 60560 "(45 111 Phone:630-553-4350 'LKandePCou ``= Fax:630-553-7575 1L4LE w AGENDA ADMINISTRATION COMMITTEE MEETING THURSDAY, August 14, 2003 6:30 P.M. CITY CONFERENCE ROOM Presentation: None Old Business: 1. Minutes for Approval/Correction: March 13, 2003, April 10, 2003, May 8, 2003, and June 12, 2003 2. Review Planning Coordinator's Fees Spreadsheet 3. Water Billing Accounts Due - Update a. Monthly Billing b. YBSD Ordinance 4. Water Billing Software - Update 5. Accounting Software - Update 6. New Entry Way Sign - Update 7. Web Site Update 8. Project Financial Tracking Worksheet - Update 9. Meeting Minute Recorders - Update 10. Administration Office Staff- Update a. Request to Appoint Full-Time Receptionist 11. Office Furniture - Results of Bid Opening 12. Road Improvement Program- Update 13. Land Cash Reconciliation - Update Page 2 Administration Committee Agenda August 14, 2003 New Business: 1. Resolution - Council Members telephone/e-mail vote when out-of-town or ill 2. Policy - Employees attending out-of-state meetings/seminars 3. Review of Grant status 4. Review of Department Head Performance Evaluations 5. Policy - Procedures regarding new development process 6. Office Etiquette 7. Organisational Chart 8. Grande Reserve Budget a. Request to Hire Engineering Assistant 9. Radium Compliance/Water Project Alternate Revenue Bond 10. Bruell Street Pump Station Bond Bank Ordinance 11. Snowbird Policy Additional Business: Page 1 of 15 UNITED CITY OF YORKVILLE REFI ADMINISTRATION COMMITTEE MEETING AFT THURSDAY, MARCH 13,2003 6:30 P.M. In Attendance: Mayor Art Prochaska(in at 7:45 p.m.) Alderman Paul James Alderwoman Rose Spears Alderwoman Valerie Burd City Administrator Tony Graff(in at 7:00 p.m.) Guests: Public Works Director Eric Dhuse(left at 8:30) Park&Recreation Director Laura Brown Bill Powell City Treasurer Bob Allen Andrew Clements from Web Links PRESENTATION: WEBLINX PRESENTATION BY ANDY CLEMENTS Alderwoman Valerie Burd introduced Weblinx's Andy Clements and mentioned that she had first met Mr. Clements at an Economic Development Corporation marketing workshop while getting bids for KS+A's website. . She said that she had the opportunity to become familiar with his work and that he is interested in doing work for the City of Yorkville. Mr. Clements has done work for Oswego, St. Charles, Speaker of the House Dennis Hastert, and others. Mr. Clements stated that he has done web sites for nearly all the communities in Kendall County. He said that he works closely with the Yorkville Economic Development Corporation and also the Yorkville Chamber of Commerce. He said that the Yorkville City Web Site is not the greatest. He felt that either the Economical Site or City of Yorkville Site would not be the first stop for corporate executives who are looking to locate their businesses in Kendall County. He mentioned that Oswego has taken advantage of his services through the web site. Mr. Clements stated that one issue he would like to address is the overall design of the Yorkville City Web Site. He referred to the handouts and asked the committee if they had compared the Yorkville City Web Site to other towns such as Oswego or Geneva. He felt that the City's web site could use some improvement to bring it to the same level as with the other communities in the area. He said that he had revised the Montgomery Illinois Web Site. He said that the town of Montgomery was behind up until a couple of years ago. One of the goals for Montgomery was to build a web site that was user friendly. He mentioned that the Kendall County Record quoted that the Montgomery Web Site was the most user friendly web site in the state of Illinois. Mr. Clements stated that he is currently working on the 2"d handout, which is the revision for the Yorkville Economical Development Corp. that is scheduled to be launched next week. He thought as long as they were working on that project, that the committee might consider a proposal from Web Link to re-map the Yorkville City Web Site. He felt it would add a real service entity not only for the residents but also potential residents and businesses looking to come into the community. He made mention of the list he prepared to show his work. Page 2 of 15 Alderwoman Burd mentioned that the costs were very reasonable. Alderwoman Rose Spears asked if the system quit running or if it would not link properly, if he could be directly reached. Mr. Clements said yes. He should be able to deal with any of those types of problems without having to come out; they can be dealt with from their facility. Mr. Clements mentioned that with Oswego and Montgomery, they were able to get all City employees and trustees on their e-mail system. That's all part of the hosting, so they all have their own personalized e-mail through a web-based interface. Mr. Clements mentioned that Weblinx offers a service to get rid of any unofficial entities that might interfere with the City Web Site. Alderman Paul James asked about the updating of the sites, specifically for the Police Department. Mr. Clements said that as in Oswego, there are certain areas of the web site where an employee can go through a web base, and post things automatically without having to know any special coding skills. He said that he also offers a couple of retainer or maintenance programs where if some of the more complicated work needs to be done, it could be e-mailed to him and he could hard code anything that needs to be done. Park and Recreation Director Laura Brown asked if he could line-route information from Yorkville to a specific person. Mr. Clements said that it could be routed to anybody it is just a standard e-mail colony. Mrs. Brown asked if there were a maximum number of users on the e- mail web base accounts. He said no, it can be as many as you want. Mr. Clements said that for the Village of Oswego he had about 15 employees sign a disclosure agreement. That way he would have a contract in case anyone left their position and tried to take any information with them. Mrs. Brown added that this way if an employee were to be fired,you would call the web- based host and ask to block any e-mail coming or going to the former employee. Mr. Clements defined some of the job services: 1) 100 MB of storage—a typical client uses about 5-10 mbs per storage, he does not anticipate going above that. 2)Unique IP Address—it is a virtual address that shares throughout a hundred different sites, and share the same IP address. 3) 5,000MB of throughput per month-this is important because it is the amount of data transfer. They have never had anyone exceed 5, 0000 MB. 4)Unlimited POP E-mail Accounts & Forwarding- simply means the amount of e-mail accounts would be unlimited. 5)FREE Web Based Mail - if you are on the road and do not have access to an e-mail client, by going to the web browser and typing in mail.weblinxinc.com and user name and password, it will work just like Outlook Express. Alderwoman Burd asked if people would be able to pay their water bills through the e-mail system. Mr. Clements said that the website would have to be E-Commerce capable. There are web based packets that can be purchased for that. Mrs. Brown mentioned that there is a contract that should be coming soon for a DSL connection. Once the connection is made into the office then the AOL accounts can be eliminated and there would be an immediate DSL connection and it would be on line all the time. Employees would be able to e-mail each other without having to go through AOL. Page 3 of 15 Alderman Paul James asked how many e-mail accounts the City currently has. Mrs. Pleckham said there are 8 accounts. Alderwoman Spears felt that the committee should seriously consider Weblinx plan. She felt it would be a good for growth. She said that she had browsed many of these Web Sites and was very impressed with Mr. Clements work. Mrs. Brown asked if Mr. Clements could set up e-mail based application for templates that people could fill out an e-mail back-to us. Mr. Clements said that he could. Alderwoman Burd added that they could also do questionnaires. Mrs.Pleckham said that another one of their goals is to get City Ordinances on line as well. Mrs. Brown mentioned that without E-Commerce that they would not be able to do Money Exchange because it is a huge liability. Alderwoman Spears asked that if Weblinx does put City Ordinances on line and/or surveys, if they would be additional charges. Mr. Clements said that it would usually be done in a PDF file if the City wanted to do HTML. Mrs. Brown asked about links and where they would get access to them. Mr. Clements said that he likes to get linked to the local sites and that he keywords the site so that it comes up as number 1 on the search engines for anything that they feel would be useful. Mrs. Brown asked how many search engines are used. Mr. Clements said there were over a hundred. Mrs. Brown asked what kind of server he used. Mr. Clements said that he has 3 servers that have 2 unit boxes and NT server that are in a data warehouse in Texas. He said that he leases these 3 servers and that they are staffed around the clock. Alderwoman Spears asked when Mr. Clements first started making web sites. Mr. Clements said that he started at age 13. When he was in high school he took an internship at the ODAC. He did web sites for them and then also for banks and while still in high school did a web site for Edge Mark who are still clients today. Alderwoman Spears asked what the costs would be to the City. Mr. Clements said that he would have to put together a proposal. He said that they do charge $50 an hour and that City sites are usually a little bigger but that they would probably be looking at no more than $3,000. Mr. Clements said that he could have a proposal ready by early next week. Mrs. Pleckham thought it would be a good idea to get input from the Police Department and staff Mr. Clements said that though he did not put it down in the presentation, that he has also done web sites for both the Montgomery and Oswego Police Departments. Thought the police web sites are separate, they are linked to the City's site. That was done to separate e-mail. Alderman James asked if there are different links for the different departments would there be any additional fees. Mr. Clements said no, it's all included as one. Mrs. Brown pointed out that with the Tourism Department that they could create a mailing list to let people know when certain events are coming up such as `Music Under the Stars.' Page 4 of 15 Mr. Clements stated that his advice would be to look at St. Charles web site and make a list of items the committee would like to see included on the web site. He said that the St. Charles web site has a whole package of interests in which they could consider for the Yorkville City web site. This item willg oto COW on April 10t, 2003. OLD BUSINESS Minutes for ApprovaUCorrection With correction to be made the committee approved the minutes for December and January. Review Correction to Employee Manual City Administrator Tony Graff stated that from the last meeting there were a few corrections and recommendations by the committee to change some language. the committee decided to make it more precise so that In the section of the Part-Time Employees, when an employee read it, they would understand what a part-time employee was. On page 3 the final draft they struck out the exception. The recommendation from the committee and the City attorney Dan Kramer thought that the revised version was a lot cleaner. Mr. Graff said that he had spoken with the library. He said that Attorney Kramer brought up that since the library has adopted their own rules and regulations and that are different than the City's. A couple of different examples are that they are open on certain holidays such as Columbus Day and Presidents Day. That would come in conflict with the manual but changes were made specifically for the library on those few instances which is on page 4 of the manual. They also did review the library's Rules and Regulations Manual and the recommendations have been forwarded over to the library. There were some legal verbiage changes that were recommended to them. Alderwoman Burd asked Mrs.Pleckham if she would make sure that the library gets connected with the Skylink. Mrs. Pleckham said that she would do that. Mr. Graff pointed out that on page 32 of the manual that they had had good discussions on the Education Training and that they and Attorney Kramer concurred with the committee's recommendations for cleaning up that section. He said they had inserted what the committee had recommended in regards to the College Degree or Certificate Program, that the program must be submitted by the Department Head, to the Mayor and City Council for approval. Mr. Graff stated that in regard to the educational stipend the attorney's recommended that there should be a stipend of 2% for Associates Degree, 2% for Bachelors Degree, and 2% for Masters Degree. He said there is other verbiage that explains there could be an education stipend just beyond that necessary entry level of that position. Mr. Graff mentioned that there was some employees have voiced a concern about the Search and Seize Policy under Employee Conduct 3:10. The concern was the inspection of an employee who might be subject to suspicion of having weapons or who might be under suspicion of having drunk alcohol while on the job. Mr. Graff said that he had already spoken with Public Works Director Eric Dhuse about bows and guns. The policy states that they do not want any City Employee to have access to weapons. The department and common place are now going through Page 5 of 15 that transition. With Homeland Security becoming more prevalent in the work place, Government places must be more secure. Mr. Graff stated that the Department Heads have considered asking$150 towards the Employee Manual. It would be a one time payment to all employees. They would receive that upon the acknowledgement of the payment and they would receive a receipt for it. He said that the committee will have to look at what they would consider for a recommendation for the employees to adopt this policy. Mr. Graff said that due to the changes in the manual that protect the Manager Rights and with the information given, he felt that it would eliminate conflicts when it comes down to grievances, disciplines, hiring and promoting. He suggests the amount of$100 for the employees. Alderwoman Spears asked if the attorney's mentioned any averages. Mr. Graff said no they didn't because this is a new case law where as of yet they have not changed too many manuals. Yorkville is the first one to change their manual to most current. Alderwoman Spears said that with checking with other municipalities that she felt that $100 was comparable with the other communities. Mr. Dhuse asked the committee to keep in mind that his employees have the option of the County Union and that most growing cities are going with the Union. Alderman James asked why Mr. Graff felt that each employee should get $100. Mr. Graff said that it is because of court ruling. The court ruled that when cities change their manual that there should have been consideration in regards to the changes that the employee should have received. He said that even though they didn't dilute any benefits they did add language that strengthens management position in regards with discipline and grievances. It gives more strength to the management for managing its employees. Alderman James voiced his concern over the$100 stipend. He felt that he could not support it. Mr. Graff said that it is the foundation to build policy off for Department Heads to get written approval. Alderwoman Burd pointed out that it if the employees accept the money then they can not sue the City and they have agreed to it. Alderwoman Spears asked what they would do if someone would not accept the money and said they did not want it. Mr. Graff said that we have done our obligation in regards to the offer consideration. That is what the courts would recognize. If the employee still wants to refuse the consideration, we are still the employer. We would have them sign off. If they would not sign then termination might be considered. It would have to be explored at the next level. It might not be a termination but rather a notation of the mild because we do have aggressive discipline on this. If there is gross misconduct then the discipline could be held to termination. Alderwoman Spears asked if they do not sign it would they still have to abide by it. Mr. Graff said that they would still have to abide by it. He said that is why they have training sessions. The Department Head will sit down with the employee and will go over the manual page by page and ask them if they understand what they have just read and then it is documented. If they refuse to sign it then they would bring in an assistant or Mr. Graff to witness that they had gone over the manual with the employee and they have physically handed it to them. Page 6 of 15 Alderman James felt that the employees should just sign to show that they did have the training. If they want to listen and read it, that would be up to them. He felt that they should just document that they did have the training and that they were aware that there were changes and that's it. Mr. Graff stated that they are not giving them the consideration to sign but rather the consideration that they have to basically sign, which is the way it was explained to him a while back. He said that the attorney's say that they have to have acknowledgement forms that they have received the document: Alderwoman Burd felt that the committee should just follow the procedure that the labor attorney's wrote up for them. She said that it was there to protect the City. Alderman James asked about the procedure of training courses. Mr. Graff said that when a new employee comes in they hand them a packet and have them sign for the packet and that they have received certain acknowledgement forms. City Treasurer Bob Allen asked how many full time employees the City currently has. Mr. Graff said that there are 48. This item will go to COW for discussion on April 2, 2003, with the attorney's opinion letter attachment. Review Planning Coordinator's Fees Mr. Graff stated that Development Coordinator Anna Kurtzman showed from the report that she submitted that she put in a total of 29.75 hours. He said that the position is working well, and that developers like it because they have a contact person. Alderman James mentioned that a couple of questions were asked about the coordinator's position. How many hours would Mrs. Kurtzman end up working and if her hours would be 100% billable to developers. It would appear from the report that everything is lining up. Alderwoman Spears said that they would like to keep her in in-house staff for a couple of months because it is a good tool to have. Mr. Graff said that Jennifer likes it too because there are developers asking for more documentation and we're having more billable hours. It's good that she can send an individual for that. He said that's why there is more detail on the report to show what she did day by day. This item will be brought back to the next Administration meeting on April 10, 2003. Water Accounts—Update Alderwoman Spears reported that there were a lot of meters that were replaced. Alderman James asked if the meters that are replaced drop off the next report. Mrs. Pleckham said that anytime that a problem is resolved then the next month it will be off the report. Page 7of15 Salary Schedule Mr. Graff stated that memo to the committee from Finance Director Traci Pleckham show's the recommended proposed salary ranges. The survey's supports the ranges. He said that they wanted to keep it on the current salary ranges and they will adjust it in the budget next month. He said that the ranges pretty much follow the averages. Some on the high end came down, because the survey showed that they were too high in those ranges. If the survey did show that some of these ranges might have been a 1-2% below the range they didn't go down on the entry level. They kept entry level at entry level for what it is. The Department Heads really felt strong and so did Traci when doing the survey that with entry level at this point; we know what we are competing against. Alderman James asked if any employee fell beyond these ranges. Mrs. Pleckham said that there was just one and that is the Executive Director from Parks and Recreation. Treasurer Allen commented that some of the communities in the survey are a lot larger that Yorkville. He felt that while trying to keep up with the other cities that we are using up quite a bit of our resources to compensate our employees. Alderwoman Spears pointed out that the committee did mention that they are trying to look at population, budget to keep it in line. She said after completing the last survey it proved to be very difficult to do. Other communities give incentives and do things that it hard to compare. Mrs. Pleckham pointed out that she did add population in the survey because it was a concern. Mr. Graff said that when you look at salary surveys done by professional firms there is a variance in low and high in population and that is where they get the averages and mediums for that. He said that Montgomery hire a professional firm for their salary survey and spent about$30,000 viewing all their job descriptions on a $70,000 contract. He said that we could do that and that the labor attorney said it is a good way to gage where Yorkville is on a true comparable. It gives the City Council and City employees a chance to see some information on it. Alderwoman Spears pointed out that Mrs. Pleckham had access to the other cities surveys and that she used that. Mr. Graff pointed out that that 800 of the population are within the City's range; they are under 10,000 out of the 16 that were recruited. He said that the highest was New Lennox where we took an average. Mrs. Pleckham pointed out that they looked closely at quotes from the cities with double digits just to see if it was justifiable with what and why they were doing it. They wanted to make sure it was as clear as they could have it and to be able to give enough information. Mr.Graff recommends for the committee to recommend the salary schedule and present it to the Council. This way they have it updated before they do the approval process for the budget. Alderwoman Spears asked if the stipend had changed. Mr. Graff said no they just cleaned up the verbiage on it. Mayor Prochaska mentioned that one thing they need look at is the averages of both smaller and larger towns, most of which are in our area and within the same conditions that we are in. He pointed out that not all the ranges went up and that some actually decreased. Page 8 of 15 Alderman James asked Treasurer Allen if there was one position listed that was of concern to him. It was Mr. Allen's opinion that for the purposes of the City Administrator,there were some fairly large communities that were substantially larger than Yorkville that at the time the survey was taken, were not offering their top people that much. He said that he has had the opportunity to talk to some people and that some questions were raised about the cities salaries. Alderwoman Spears said that she kept in perspective the population and budget and felt that the salary ranges for City Administrator and Executive Director were accurate. Mr. Graff mentioned that one of the things the community has done over the last year is they have updated all of the job descriptions and have brought them up to standard. That was not only by Labor Law but also to bring them up to a professional standard. Mrs. Pleckham pointed out that the one thing that was not in this report but was in the last report was the Engineer Survey. She wanted to make sure that was also included to bring to COW. She said that Geneva was included because there were actually very few towns she could find that had a City Engineer, but that it did fall into the same ranges as what they found in the Engineer Survey. Mr. Graff said that one thing that was talked about at the Department Head meeting with the Mayor was how to lead into the Salary schedule. He said that every year in the budget they give some kind of COLA plus Merit for salary increases. One thing that was agreed upon is that last year they did a 5%and this year they are looking to do the same. He is waiting for Bob Smith to send the research for the most updated COLA rating. Mayor Prochaska informed that one thing that they did last year was 3%and 2%because the COLA was so high last year. He said that what he discussed with the Department heads was going on what the Council had mentioned and that was going with a 11/2—2%for COLA and then the remainder for merit. Last year everyone could get up to 5% and it was set. He suggested that for this year if they are going to talk about a 5%adjustment COLA for all then the dollars would go to pool for that department and then the Department Head would have stability. He felt that that would help in reward again in merit. In other words someone could end up with a 6% increase if someone ended up with less depending on how those dollars were divided. It would be up to the Council as to what the minimum would for the COLA increase. The evaluation system is done through a point system. Mr. Graff said it was difficult for the Department Head, before they did adjustments, that the 2 year period for the Salary Schedule were out of sync. The last time they did the adjustment it worked out well with$30,000 for adjustment pool. The Department Heads tried to work it out between themselves to try to equalize that. The reason for the adjustment is that they wouldn't want a new employee to come in to be at the same level with an entry level person. That way the entry people have some kind of seniority. Alderman James felt that the Department Head should give some input but didn't think it should ultimately rely on them because it could make for some hard feelings. Mayor Prochaska disagreed with that. Mr. Dhuse added that that was the reason why he was hired. He said that the scale make it fair and justifiable. Decisions are not based on a whim; there is some accountability to it. Mayor Prochaska agreed and said that the accountability is there and Page 9 of 15 it is the Councils place to enact the policy. That is what we hired the staff to do and that is why it is set up the way it is. Alderwoman Spears asked Bill Powell if he had any input. Mr. Powell commented that regarding Mr. Graff and administering raises, that one problem that he ran into at his other job was being the new guy he never had a chance to catch up. He thought that there ought to be a point in time that a new employee, after 3 or 4 years, would be doing all the activities of the job and at that point in time be at the average rate of salary. After that then adjustments for merits could be made from that. He said it can be hard to dictate when you have a small pool of money, to justify and equity increase. He said that at his former job they had tried to do this and what would happen is that the amount of equity would end up being so small that the person would be behind his whole career. Mr. Graff said that once Bob Smith gets back to him on the Salary Survey then they can take a closer look at it. If the consensus is that the 5%then they will need to take a look at what the COLA and merit will be. After that they would be able to send out a memo to the employees, knowing that the Department Heads will verify it at the budget. In the past with this formula they have seen the average would probably be around 4.23%—4.5%would be the average for the COLA and the raises with most employees in that range. An employee would have to score superiorly in order to get 5%. For budget purposes 5% is used. He also said that for budget purposes when talking about salaries, that all merit and salaries are based upon everyone but the Department Heads. He thought it might be a good idea for the committee members to talk about that among themselves. He said a lot of cities do go into executive session specifically for the employees and to talk about giving the authority to the Mayor to negotiate what ever percentages used for that. Knowing this he thought that the committee might want to take a look of going into executive session, possibly in April. The other component they would need to look at would the fact that the 2 employees on employee agreements (Harold Martin, Chief of Police and Tony Graff, City Administrator)would not get negotiated until after the election and can only go up to the terms of the Mayor. He said that there are contingency dollars in the amount of$176,000 and he said he felt comfortable working with the fate of that. The committee recommends for this item to be sent to COW on March 18, 2003. This item will go to COW on April 2, 2003. NIU Tech Study Mr. Graff said this was in regards to the proposal back in December from a consulting company about coming in and doing the tech and strategic technology plan. We have 5 year plans for the other capital but hadn't put anything together for hardware or software. Some people were concerned about the company coming in and doing inventory and assessment some of the City's needs. There was also talk of going on to RFP to see what kind of software that we want. He said that when he was recently at a seminar at NIU, they said they were looking for community uses that and that they would like to come in and do an assessment. They have a Masters program that is overseen by their IT division at NIU. It would actually be their IT division that would come in and do the assessment. They did come in and Mr. Graff met with them and the meeting went very well. The cost for their services came to the amount of$7200;to come in and do the assessment and also for developing a strategic plan and getting us to know where we are in our technology. Mr. Graff felt it is a great program and felt it would be the answer to what they need. There is a contract for it, and it does not need to be paid until the completion of the project. That gives us the opportunity to pre-pay if the money is there or hold off until next fiscal year. Page 10 of 15 Alderwoman Spears asked why these services were needed. Mr. Graff said that it is to begin developing our 5-year Capital Plan for technology. Alderwoman Burd said that she was not impressed with their down-town study. She said that she had spoken with someone at the presentation and they said that they do not always have the same people doing the surveying. She wondered if there was another entity that could do assessment. Mr. Graff said that they did have Smith Engineering who has a consulting division for technology which was brought to the committee but member weren't comfortable with and felt they did not have the expertise to go out for an RFP. He said we do have providers with their software company that came in with our accounting, that are very good with giving their specifications, but they lack the knowledge of what we might need for the over all picture. He said what they are really looking for is a true integrated technology system. They need a plan for when they integrate over to the library. He said he felt confident that NIU could do the job. Mayor Prochaska pointed out that there are other schools that have these programs or there are also some other technical schools that might be willing to do something like that also. He felt it would be worth it to call them and ask if that kind of work. Mr. Graff said that he could make a phone call to DePaul collage and IIT. He said that we have a couple of IIT professors that live in Yorkville. He said that one professor would like to actually do a study about truck traffic. The universities do have great resources. He said that he would contact the University Outreach Division and the other collages to compare what services they might be able to provide. Mr. Graff will bring an update on this at the next meeting. This item will be brought back to the next Administration meeting on April 10, 2003. NEW BUSINESS MFT Resolution—Fox Industrial Bond (Obligation Retirement Resolution) Mrs. Pleckham said that this pertains to payment of bonds for the next calendar year. She said they just need to do a term of resolution for them to for them to authorize the $75,000 to pay the bond off. This item will go to COW on March 18, 2003. Internship Program—Summer City Intern Mrs. Pleckham said that Bart Olson, who is participating in the Internship program, is very interested in Public Administration. She thought it would be a good idea to get an internship program back in track as it is a busy time and Mr. Olson is looking for the experience. She said that they could always use the added help. Mrs. Brown had drafted a program for Mr. Olson. That way he could get experience in all the departments and help out with various projects that are coming up. Mr. Olson's resume is attached to the packet. Alderwoman Burd thought that the idea for the intern was great and thought that they should support the idea. She said they need the young people that are coming into government and really good for the City to do. Mr. Olson would get 4 hrs. of credit working through the internship. Page 11 of 15 Mr. Graff mentioned that a memo would be passed out shortly because the Police Department is already signed up with an intern at Western Illinois. Chief Martin wasn't aware that it needed to first come to the Administration meeting for approval. He said that they should have a general policy for the Internship Program. He said that he would ask about the policy of the Internship Program. Mrs. Brown said that she felt the Administration Committee would have to think about the Internship Program in terms of what they are paying for them and the equity. She said that some times when you get into principalities, stipends are done regardless of what area or department you are in when internships are offered. Also they would need to consider the budget and how many interns they want and what they are willing to pay. Mr. Graff said that Western encouraged no pay. Mrs. Pleckham pointed out that Mr. Olson would be full time and would receive the 40 hour weekly stipend. The committee agreed to approve this as long as it is in the budget. This item will go to COW on March 13, 2003. Health Insurance Update Mr. Graff stated that for information purposes, we did get a renewal notice from Blue Cross/Blue Shield. He said that they had put in a 17% increase across the board. Mrs. Pleckham provided information on the different programs. Mr. Graff pointed out that they are looking at no higher than 8% and the lowest is 2.2%. He felt they came across very well this year because of the increase in the employee base which spreads out our risk and liability insurance industry. He said that they did search the market for another insurance plan but they haven't heard any response. Alderwoman Spears asked if the plan offers doctors in the Kendall County area. Mr. Graff said yes. He said that they should hear back from other insurance companies within a couple of weeks, after they receive that they will make comparisons. Wyndham Deerpoint and Wiseman-Hughes SSA-Resolution of Official Intent Mr. Graff said that they hired attorney Chris Knight from Foley and Lardner and they met with William Blair and associates. They are recommending since there are 2 different subdivisions looking to use the SSA policy and apply for SSA funding that the first mechanism that needs to be in place is the resolution of intent. He said that it was important because every dollar that is spent on this, the developer basically spends in that they reimburse us. We can not apply for the SSA with out having the resolution of intent. What they are doing now is crediting them to a deposit as outside consultants, which means that they have been paying for the attorney to be involved with it. He said that they are beginning to get into engineering and planning for the approval for the SSA. They recommend that we pass a resolution of intent. Weismann Hughes is looking at 10 million dollars, and Wyndham Deerpoint is looking for 28 million dollars. Weismann Hughes is the Windett Ridge project at the south end with 280 homes, 9 acres of commercial. Wyndham Deerpoint is at the Highlands which is 300 acres at the Deuchler farm. He said that it is also for on site work. The developers are paying 3.3 million toward sanitary storage and 40% for the water improvements on the project. That is not part of the SSA, they have to pay that to us. That is what they had negotiated with the annexation agreement. There is language in the memo that shows that there is no debt to the City, and that the City is not responsible for this and that it is all developer risk. We are not obligated on any of the bonds they could be sold on Page 12 of 15 open market. The infrastructure that is on the sight is paid by the new people that move in when it goes on their tax bill. Mr. Graff said that committee member will be receiving more paper work on the formalities of the SSA. Mrs. Pleckham sent out a memo that explained what the SSA process and time line was. Mr. Graff said that this was the best tool recommended by all of the finance institutions. It not only minimizes obligations to the City but to not have any obligations to the City. New growth will pay for it itself. This item will go to COW on March 13, 2003. 2003 Road Improvement Program Financing Option Mr. Graff reported that Public Works loved this plan so that they have asked that the Administration would fund it. He said that for that last 3 weeks they have been meeting. He said the standards that are in the resurfacing and infrastructure of the roads, there is an amended report that will say that all the roads will have a 20 year life span. They would be looking for a 20 year finance option that does life span of the road. The average daily road with the average daily traffic count will be 20-25 year life spans. They are looking at 2.8 million dollars of work. There will be a couple of more streets they will be looking at repairing in addition to the others. Mrs. Pleckham recommends that they look at getting a balloon loan. Mrs.Pleckham and Kevin McKenna will research the local market first and put up inquiries to local banks. It will be interest only on a 4-year balloon. At the end of the 4 years they will have the exact amount for the loan. Then they would go for a refinance and look into locking it in a 15-17 year notes. They would be able to support the project and some of the new growth dollars could be identified and set aside, during the 4-year loan. Once they get more sales tax dollars,they will start setting them in a fund for the debt service that is occurring for this. He said that it is a great financial program that they have put together for the process. He said that by looking at the audits and reports that they feel strongly that they fund this with current dollars. Alderwoman Burd asked if the plan included curbs. Mr. Graff said no, they wanted t a to try and stick with the rural characteristics as they see in the old areas of the community. Also if curbs and gutter are put in there is the risk of people losing their trees and reconstruction of their lawns. He said that they need to let the public know of what is to come. There will be storm water drains put in to manage the storm water, storm sewers and some gutters. He said that the committee would be glad to do a neighborhood meeting and have Smith Engineering come in and explain the process. Alderwoman Burd said that would be good because some residents were displeased with the current gutters. Mr. Graff suggested having Smith Engineering come to the COW meeting on April 2, 2003 and go over the maps of what streets are to be repaired and financing. Mr. Allen voiced his opinion and said that he really felt that the city should not finance road repairs. He thought that it would end up being a situation where the expenses, with being long term, end up being substantially more. He had concerns because there would be maintenance costs involved with some of the newer streets. He felt that the City should pay cash for the streets. Mr. Graff pointed out that there has to be money there for repairs. He said he would be glad if Mr. Allen could come up with a better plan of how to finance the road repairs with the current dollars, and have it get done with in the next few years. Page 13 of 15 Mr. Allen said that that would mean doing a re-haul of the budget and cutting back in the budget in other areas. Alderwoman Spears asked how they would be able to pay for the roads. Mr. Allen said with cash. Alderwoman Spears asked by what means he would come up with the cash for it. He felt that the City should use the money that they have instead of paying a lot of money to finance it. The committee asked Mr. Allen to put together a plan for his means of trying to pay for the road repairs with current cash and bring it to the committee. They asked for him to show them the options and alternatives and where the cash would come from, with out raising taxes and developed growth. Mr.Powell said that with interests rates as low as they are, it would behoove the City to do more than they would normally do, especially at this time. You will pay less interest over long term and it brings in local labor and wages for a time when it is needed. Mayor Prochaska said that one thing we do not want to be doing is taking out the road repair plan more that 3 years, because if it is taken out longer than that,then the City will be back to where they are now which is doing only 3 streets a year. Then the problem is that we are not getting streets improved fast enough to the streets that are falling apart. He said we have to come up with a way to get these streets done with in the next couple of years the streets are in too bad of shape. Mr. Graff pointed out that the other thing they need to look at is that maintenance dollars are being spent and since they are being spent we need to keep the roads up to some drivable condition or interest rate dollars. He said that they have already explored all the options, and there would have to be a drastic service cuts to be made to be able to afford this. The budget is 6 million dollars and out of that 6 million it is generally an operational budget. That is services the citizens are paying for today. We have lowered our taxes and have new dollars coming in so that residents would see a tax break. We would have to increase taxes in order to fund a project like that, or we allow the new growth dollars to pay for the old roads.There are other issues here as well such as health issues and home value issues, to take care of. He said by evaluating Fox Industrial Park, they found by making the repairs to the roads that they noticed an increase in EA V, plus more buildings being built and more jobs coming to our community. By repairing the roads, particularly in the old part of town, it will help stabilize the community. This council will have to make a decision on that. Alderwoman Burd said considering the roads in the old part of town, that she once mentioned possibly doing something along the railroad tracks to spruce up the area around the park. Mr.Graff said that it might be something to talk about with the railroad. Mr. Graff said that if Mr. Allen could come up with an alternative plan for the funding of the road repairs that he could bring it in next COW meeting on Tuesday. This item will go to COW on March 18, 2003. ADDITIONAL BUSINESS Land Cash Alderman James said that some questions came up at the last meeting about land cash. He said that he feels that this will address exactly what they were asking about. He thought that when the Page 14 of 15 developers come in and there are Administration and Engineering Fees, etc.,that they should look at the process that they have of keeping track of all those fees and to make sure the fees are all coming in. He said that they should do a check on it to see if there are any gaps and we are certain that we have collected all of the fees. Mr. Graff said that that is being done and there is spread sheet that shows the fees that have been collected and he could bring the spread sheet in for Alderman James. Mr. Graff said he felt comfortable with this process is being done but that at the next meeting they will go over how this process is being done. They will go over how they collect and how they track fees. Springfield Trip Alderwoman Burd said that she went to Springfield with Joyce Barrett and Stephanie Todd. She said that Stephanie Todd wrote a full report on the Kendall County Jail and got the building placed on the Illinois 10 most endangered building list. She said that it was a really impressive presentation. They met other people who were involved in preservation programs who were trying to save their own building in their communities. She said they left packets with some of the legislators. She commented that Tom Cross's secretary told her to note him if anyone from Kendall County came in. He told her he would try to see them and that he left to welcome especially visitors from Kendall County. She said the visit was to get emphasis on the saving of the courthouse and to show validation to wanting to save it. They are hoping with the outside acknowledgement and it being on the endangered list, that the county would take into consideration trying to save it. She said she spoke with a gentleman who gave the presentation and he would like to speak with the Mayor about trying to help Joyce Barrett and her group to find funding for this. One thing they talked of was turning the jail into a county records building. There are grants available for the city. The city might have better opportunity for funding because of the new growth. She said that one thing that they will consider for next year is giving the City an allotment of our $30,000 grant to this project as part of funding for it. She felt that if this is such a worth while building, then that's what the grant should be for. Mayor Prochaska pointed out that the Kendall County Jail would probably be eligible for the Facade program. Alderwoman Burd said she would appreciate any support she could get for this project. She felt that jail would be a benefit to see it renovated and saved because we really do not have that many historical buildings in the area. Music Under the Stars Mrs. Brown said that she had the entertainment schedule for Music Under the Stars and the sponsorship packet for the Women's Golf Outing. Mr. Graff said that they did receive the notice from the Tourism Bureau about Music Under the Stars for the summer publication and that they were looking for all of the events for the City of Yorkville. He said that the secretary e-mailed some of the organizations to them. He said they need to forward as much as they can to them. Investment Policy Mr. Allen asked if the committee could have the investment policy policy on the next agenda. He wanted to publish the policy for anyone in the public who would be interested it. He thought it might be a chance to get some public input on it. Mr. Graff pointed out that the Investment Policy was part of the Information Act. If anyone wanted to get a copy of it they could. He said that copies of the packet are 50 cents. Page 15 of 15 Mayor Prochaska said that if anyone were to come and pick up the agenda then they could get copy of it. NIU ASSESMENT OF GOVERNMENT SERVICES Mr. Graff said that on April 4, 2003 NIU will be here to do the interviews from 9 a.m. until 4 p.m. of any of the public officials for the assessment of government services. If anyone can be available for an interview, they can schedule them in, other wise they could reach them by phone. There was no more additional business. Meeting adjourned at 9:55. Minutes by Theresa Brady Page 1 of 8 UNITED CITY OF YORKVILLE ADMINISTRATION COMMITTEE MEETING DRAFT THURSDAY,APRIL 10,2003 In Attendance: Mayor Art Prochaska Alderwoman Rose Spears Alderman Paul James Alderwoman Valerie Burd City Administrator Tony Graff Guests: PRESENTATION I: FUTURE COUNTY OFFICE BUILDING Jeff Wilkins stated that in a letter to the City that he had requested cooperation from the City of Yorkville with regards to the new County Office Building at the John Street campus. He mentioned that they did manage to get a lease through next summer in the Countryside Center. He said that they are on a fast track to get the plans for the new County Office done. They have gone through all the programming with the users of the building. They have plans to look at two elevations that will be presented by KS & A and they saw their preliminaries last week. He said that they have hopes for a two-story building with the flexibility of adding on to it in the future. The zoning issues were worked out on Tuesday night. He mentioned that the committee would probably like the aesthetics of the two-story building opposed to squared roof of a one-story building. He said that the Land Use Planner Mike Shoppe said that for what they were planning to do there that the on site and detention was adequate. Mr. Wilkins pointed out on maps what KS & A commissioned for possible additions or future buildings. They are looking to build a 29,000 square feet building. It will house Public Health, Environmental Health, Behavioral Health, Technology Services and a few others. There will also be a Child Advocacy/Interviewing Center. There were also plans for future parking. There might be plans to put in sidewalks on both sides of the building, but that would depend on costs. He mentioned that they did send a letter to the Sanitary/Sewer District about paying fees for sewer hook-up fees. Mr. Wilkins mentioned that they hoped this would be an asset not only to the County but also to the City of Yorkville. Alderman Paul James asked how big the Technology Service Department would be. Mr. Wilkin said that have just 2 technicians and 1 director. He said between Facilities Management and Technology Services they have a centralized purchasing mechanism. He said that the new building will face south because they did not want a dark north entrance. On the second floor stairs and restrooms will be at the front and also the Administration Office, CASA, KCED. The Technology Office will be in the middle of the building. The Conference Center and Board Room will be on the second floor as well as the lunch area and Environmental Health. They are looking at control points to be able to control the more public rooms. He explained that they added a second entrance for the Child Advocacy Center. The Centralized Information Service Office and dividable classroom space is mainly for when topics such as bio- terrorism issues, outbreak issues, or any other type of emergency issues need to be discussed. The building is projected for staffing for the next 15 years or so. Out of the 29,000 square feet 3,000 will be geared to Technical Services, 400 for the Interview Room, and then there would be about 4,000 square feet of space to grow for Health and Human Services. Page 2 of 8 Alderwoman Valerie Burd asked if there would be a basement in the new building. Mr.Wilkins said no that would be unlikely. He said that they are looking at a masonry building, a standing seam roof, but if budget required it they might have to go with a shingle roof. He felt that it would turn out to be a nice looking building. The committee decided to forward this to the next COW on April 15, 2003. PRESENTATION II: PORTICO MARKETING COMMUNICATIONS WEB SITE Portico Marketing Communications Representative Todd Pauli stated that the handouts explained the company's web's rule and government and what Portico can offer for the City's web site. He mentioned that it was important to know how many citizens actually use the web for government resources, and stated that it is actually quite a lot. He pointed out on the hand out that the 4 key words at the top; Strategy, Design, Support and Promotion cover what they do to help you through the process: Strategy-they take you through the content to get an idea of what is out there, and could help make decisions on what people might want to see on the site. They would also take a look into other communities and see what resources they might offer and consider adding to the Yorkville City Web Site. Development—they offer a full design and coding which includes the whole package of producing a web site. Real Time Review—this is offered for the web site which enables the customer to log on and review the materials of the web site as it is being built and to see what changes are being made. It helps to have the customers review the materials in case there are changes that need to be made. It cuts down at editing time during the end and making last minute changes. It also ultimately saves money. It also allows growth partnership between the client and company, and to be sure everyone is satisfied with the results. Support& Hosting—Portico offers a full range of hosting options as well. This would include e- mail hook-up and e-mail accounts that go directly through the domain name. They offer training for the employees on how to use and set it up and dump e-mails that come through and go into the outlook accounts. Strategy-they take you through the content to get an idea of what is out there, and could help make decisions on what people might want to see on the site. They would also take a look into other communities and see what resources they might offer and consider adding to the Yorkville City Web Site. Development—they offer a full design and coding which includes the whole package of producing a web site. Real Time Review—this is offered for the web site which enables the customer to log on and review the materials of the web site as it is being built and to see what changes are being made. It helps to have the customers review the materials in case there are changes that need to be made. It cuts down at editing time during the end and making last minute changes. It also ultimately saves money. It also allows growth partnership between the client and company, and to be sure everyone is satisfied with the results. Page 3 of 8 Support& Hosting—Portico offers a full range of hosting options as well. This would include e- mail hook-up and e-mail accounts that go directly through the domain name. They offer training for the employees on how to use and set it up and dump e-mails that come through and go into the outlook accounts. Mr. Pauli said that they pride themselves in helping their customers step through the whole process. They have come up with a process to help them step through the surveys, questionnaires, and opinion polls and what is right for Yorkville as far as resources on the web. They offer a good blend of design and a good view of designs that might look good but might not function well or that might down load slow. They have experience with large scale web development. The team that would work on the web site all has experience with corporate web design and development. They have experience with doing sites that are several hundred pages and being able to host and support those sites. He felt that they would be the company to go with for the long haul of growth for the future. . Mr. Pauli gave a couple of references. He suggested calling Larry Boffel who used to be the Business Developer at Plainfield, with any questions about that web site. The other reference was Kids Campus Day Care which they are currently working on. He said that their web site can be viewed to see the progress that they have made on it. He felt that they were the best to speak with right now as they are in the middle of that project and thought that they would be able to tell of their operations with Portico. There were other references listed. Mr. Pauli mentioned that they did a series of flash virtual tours for the Village of Plainfield. They contracted a total of 5 that covered things like entertainment, working in Plainfield and living in Plainfield. The second part of Mr. Pauli's presentation included a foundation that did a lot of research to get a clearer picture how many people are actually accessing government web sites. He stated that the numbers were recorded in 2002. By tracking users on the web they were able to show that 76% of Americans are users of the Internet in some way. According to the survey, 51% of Americans looked at government resources on line. Included in the information was what the government is doing with the information taken from the research and how they are trying to turn the web into a viable research for citizens to access. He pointed out that according to the research that Federal, State and Local Government via the web went from 40 million in 2000 to 71m=illion in 2002. It showed that people are quickly coming to their expectations of the web. Mr. Pauli mentioned that for Local Government it offers 24 hour information access as well as access with the web connection. It would allow the City of Yorkville to give the impression of an easy accessible source. It would also establish a first impression of people relocating, businesses looking at the area for development and tourism. Many people research the web before they make their moves. People also gain trust in a web site that is up to date and user friendly. It is important to establish a web site that is professional, up to date, and has the information that the citizens might need or find useful. He added that by putting more information on the web would allow a lighter work load for the office and could deter people from entering the office for information. The people would be more likely to search the web for the information rather than leave their homes or offices to go and get it. It could make for a great two-way information system for both the citizens and the City. He mentioned that Naperville has that option on their web site and that they use it when taking polls and for feed back. Mr. Pauli stated that the Naperville web site is an all inclusive site that also includes on line bill paying. Though on line bill paying is a good resource to offer, it is a touchy subject for Page 4 of 8 government because there are other fees such as e-commerce, visa/MasterCard processing fees. The cost of the Naperville web site was $56,000 to build, Mr. Pauli's proposal is much less than that. He only wanted to give an example of what other communities are putting into their web sites. They want a viable resource for their community. Mr. Pauli said that if the City of Yorkville would so choose to go with Portico that they would offer a free design of an envelope insert that could be sent with utility bills. The insert would point out the features of the website and would be a good way to promote the web site. Mr. Pauli stated that he put Together a few different scenarios for the proposal. The first one listed is the Comprehensive Site. He said he felt it was a very good starting point in terms of getting information out. It lists different categories and the number of pages. The number of pages goes up significantly on the government side. He is budgeting for the City Code to be on it as well. Listed in the proposal was their estimate of their hourly rate which is $55 an hour. It is an estimate that is base on what is on the first page. They are really flexible at what types of information they want to put out there and what they City would like to hold back for the time. It could go up or down depending on what scale they would want to go by. Mr. Pauli said they could host the web site for cost of$50 a month. That would include site user statistics so they could measure how many people visit the site. That would be important to rate what resources are working, and which ones might not be working. Mr. Pauli pointed out that St. Charles measured that just about 6,000 people a month visited their web site in 2002. About 1,500 of those were repeat visitors. The last 2 months they have averaged about 2,500 of repeat visitors. Mr. Pauli said that important on the front page of the site, no matter what color design or shape, they need to have a site that is accessible, and information that is not buried down in the site. It means that they would build expandable menus so that everything on the site is no more than 3 clicks away. There are also areas for City news and access links, community calendar and contacts. They are items that are always front and center on the first page of the site. He added that the first two proposals included a search engine. That gives another option incase someone doesn't know exactly where to go, they can type in a key word and it will bring it up. Mr. Graff said that he felt that Mr. Pauli hit on all the topics of City's goals for their web site. Mainly of which would be to have more information accessible to the public via the web. This would include information on meetings, projects, public hearings, and various permits. Alderwoman Valerie Burd asked if it would be possible to get add a base in which the public could send e-mails to. She felt with regards to the low voter turn out this election season that it would be good to hear feed back from the public. Mr. Pauli said that it was possible and that they would only have them log on to a different web site. Everything else would remain the same. It would be like the AOL account but would give expanded capabilities in terms of e-mail user list or they could build a list for all of the City's aldermen. They would then only need to click a button and it would send that list to all the individuals. The added bonus would be if they do have a Microsoft Outlook E-mail it would automatically drop down to the desktop. If they didn't have that then they would have to log on to an e-mail host web site. Mr. Graff commented that that is their goal, to be able to have contact back and forth with the user list. Another item he said that they would like to have on the web site are utility notices. It would encourage people to log to receive any e-mail notifications of the City. It would also allow us to put together a user list and also to specify the list. Mr. Pauli said that this would be included with the e-mail service they would provide. Page 5 of 8 Mr. Graff asked Mr. Pauli if the City would have the capability to set up e-mail accounts for all of the City's staff and employees without going through him. Mr. Pauli said yes he could give them the Administrative rights and password which would be easier for them to have control over that area. Mr. Graff stated that they would have a Department Head go through and see all the information before it goes out. Alderwoman Burd asked if they should create a policy that could manage what goes in and out as far as e-mails are concerned particularly of those who might be campaigning for office. Mr.Graff said that they do have an Internet Policy in regards to what employees can send out, but not everything that is sent out can be monitored as far as e-mails. It would mainly be what goes on the site itself. Alderwoman Rose Spears asked that since the City staff does the agendas, minutes, news letters and etc., will they be able to enter into the site without having to go through him for it. Mr. Pauli said that that would depend on how the City would like that set up, it could go either way. He said that he recommended it for better control over accessing sites. Alderwoman Burd asked if he could get a quote on what it would cost to add things like the news letter or brochures, or occasional ads. Mr.Pauli said that he is capable of designing that and if she would get together a list of what she thought she would like to see added to the package then he could give her a better quote. With no more questions asked, Mr. Pauli finished his presentation. Mr. Graff thought that it would be a good idea to take the time to make comparisons with the other 3 company's that they had offers from. Finance Director Traci Pleckham informed the committee that Weblinx came in at the least expensive at $3,220 which includes hosting, with unlimited e-mail and upgrading fees, and no additional fees. He was also the developer for the St. Charles web site with which Portico had made reference to.Portico's costs are running just under $9,000.They do have done larger scale web sites such as Schaumberg and Lake in the Hills. For just the hosting alone Portico would run to $600 a year compared to the $250 from Weblinx. Alderwoman Burd said that if the look they are going for is clean and precise then Weblinx is the one to go with. The other company's seem to do more graphic design which is where the extra costs come in. Alderman Paul James recommended having Weblinx come in and give a presentation at the next COW. Mr. Graff suggested inviting Andy Clements from Weblinx to come to the next COW meeting to be there in case anyone should have any questions. This item will go to COW on April 15, 2003. OLD BUSINESS Minutes for Approval/Correction There were none. Review Planning Coordinator's Fees Mr. Graff reported that the Planning Coordinator is doing a good job of cataloging the entire goings on the developers. He said that we do not do any permit work that all the permit work is done by the Coordinator's office. He said by doing this he has not had one bill contested from any of the developers. It would seem that everyone is paying their fees. He said that it is a good tool to access the progress of the report. Page6of8 The committee decided to bring this item back to the next Administration meeting on May 15, 2003. Water Accounts Update Alderwoman Rose Spears asked if they should take off the meters that have been replaced. Mrs. Pleckham said that they keep them on the report for a month and then take them off the next month. This item will come back to the next Administration meeting on May 15, 2003. Update of Technology Plan Proposals Mr. Graff stated that one of the concerns with the NIU proposal was staff and another was timing issues. He said he spoke with De Vry and they have an out source program to where they assign associate professors to do work. They normally do it for companies because De Vry they are very company oriented. He said that they have done some governmental work but it has mainly been for technical assistance. The timing issues could be a problem because with the way they have to do things it takes them a long time. He said our current vendor currently pulled together a scope of services together. He said that it could take between 25-30 hrs. to get everything up and running. Mr. Graff recommended that they could do a chair sign off on it and buy the hours and have them put together this plan and not to exceed the 30 hrs. in the contract. This project could be done and we should have internet connections with in 4 -6 weeks. Mayor Prochaska asked how long it would be until we are hooked up to the library. Mr. Graff said it would all depend on when the City is able to begin underground work for the hook up and how long it will take to finish it. Alderman James asked how much money the City was spending on the project per month. Mrs. Pleckham said that it is $170 per month. Mr. Graff said he would not recommend the NIU proposal right now because it is too great of a challenge. The time factor is playing a major role. He felt that they needed to be up and having the systems running now. This item will go to COW on Tuesday May 15, 2003. New Entry Way Signage Mr. Graff said that they still do not have the final version of the design for the entry way sign. They are still waiting to hear back from the company about the artist rendition to sign off on. Mr. Graff said he would have Holly call the company to get an update on the situation and the costs of the changes that were made. This item will come back to the next Administration meeting on May 15, 2003. NEW BUSINESS Grant Coordinator Contract Parks and Recreation Director Laura Brown said that Schrader& Associates currently works for Forest Preserves and has worked for numerous municipalities; both districts and villages. She said that they would like to get a proposal for the City on doing some grant money. This company Page 7 of 8 specializes in large grants such as the Osland Grants,LLT Grants,the Home Security Grants, and Land Security Grants. Mr. Graff and Mrs. Brown worked together to come up with projects that would fit in there. That would include things on the parks end and city end. Mrs. Brown faxed the ideas over to Schrader and she spoke with Laura Ross and she faxed over a proposal of$14,000 a year. It would be a 5-year layout plan that would go over what grants the City would be going after. Then they could take a look annually what grants they will target. This might involve doing 3 or 4 a year that would be in large dollars amounts. She said that an Osland Grant is $750,000. A Bike Path acquisition would have no cap and Bike Path development is 2 million. She said that Mrs. Ross has been extremely successful at getting the grants and is willing to lobby for the City if needed. Mrs. Ross has had experience with getting grants for cities for 20 years. She said that it would also include having the staff sit down with her and give her a lot of information that she could use to support the reasons for needing the grants. Mrs. Brown said that for $14,000 a year the return is unbelievable. It could be paid in quarterly installments. Mr. Graff said that though this is not in this year's budget that we could pay it in this year's budget. Mayor Prochaska did say that if they are going to do a contract with them that he would like to see it already in the budget. Mr.Graff said that as long as they keep the maximum dollars then they could allocate the line item money. It would be under the Finance Department, and Contractoral Services. Mrs. Brown said that if anyone had any other ideas that Mrs. Ross would be willing to seek out grants for them as well. Mr. Graff said that Police Chief Harold Martin is looking at Homeland Security dollars. This would be for network information sharing information. It costs about$60,000 for the costs for the forwarding system and the tracking system. Alderwoman Burd asked what the beautification and facade would cover. Mr. Graff said it would primarily be for planter and other types of similar additions. Mrs. Brown added that she had given Alderwoman Burd's article on Historical preservation to Mrs.Ross and those would be great historical grants and one that she would look forward to working on. There are also a lot of museum dollars and visitor center dollars available. Mrs. Ross has done grant work for Carroll Stream, energy efficiency with a solar wind mill. Alderman James asked how much of this would be matching dollars. Mrs. Brown said it would just depend on what type of grant it was and weather it offered any type of matches and also if we could use it. This item will go to the next COW on May 15, 2003. Proposing Ordinance for SSA—The Highlands & Windett Ridge Mrs. Pleckham said that City Attorney Dan Kramer has the item and is reviewing it. She said it is the next step in the process for the subdivision. Mr. Graff said that there is a change on the resolution. Resolution 10 for the Highlands was 20 million, now they are asking for 15 million. There will be a second SSA coming in with the proper SSA district requirements and they have met with the county with regards to how this is all going to be recorded, and how the tax payers are going to be billed for it. That would be the tax payers of these subdivisions and districts. The engineers still have to sign off on it before Traci allocates the funds to be released for it. Page 8 of 8 This item will go to COW on May 15, 2003. Capital Fees Mr. Graff said that all committees have been working on this for the last 3 months. The reason why they got this late is that they had been trying to negotiate Moser Development. They wanted to get the latest fees applied to that development to get that waived for end cap services, along with justification with regards to that.They are looking to raise the capital fee which right now is $1,200 and they looking to raise it to $2100. He said that they broke out with justification that is going in with the costs of the vehicles. The last time they raised was 15 years ago. They will be receiving funds that will allow them to buy the equipment needed for Public Works and the Engineering Department. There are plans to try and evolve land cash for park equipment, to maintain the park facilities. This item will go to item will go to COW on May 15, 2003. Investment Policy Review This item has been tabled. Budget FY 03/04 Update— Salaries and other items Mr. Graff stated that all the employees are in the realms with the salaries for merit for COLA. It was an adjustment that he and Mrs. Pleckham recommended. Mrs. Pleckham put together numbers; the information was included in the packet. There is $51,000 in the budge for merit and pay equity. There would be$1600 dollars left afterwards. The task was for all the Department Heads to work together to on the Pay Equity issues and Salary Survey and to see what employees had some tenure. The item was brought to the committee to get some support for the concept. See attached. Mrs.Pleckham will do a follow up survey to see what the COLA and merit were for the towns that they did and come up with a type of average for it. Then do a 6 month review and see what they did for the pay equity to bring up those who are on the short end and bring them up to the average. This item will go to COW on May 15, 2003. ADDITIONAL BUSINESS Employee Manual Update Mr. Graff reported that they are working on the inspection of the Employee Manual. They are going to limited scope which means the authority would only be granted by two people. They are talking to the Labor Attorney and they are looking at the two people to be the Chief of Police and the City Administrator for the inspections. There are more issues such as safety issues that they will be working out as well. Meeting adjourned at 9:00 p.m. Minutes by Theresa Brady Page 1 of 6 UNITED CITY OF YORKVILLE ADMINISTRATION COMMITTEE MEETING DRAFT THURSDAY, MAY 8, 2003 6:30 P.M. In Attendance: Alderwoman Rose Spears Alderman Paul James Alderman Richard Sticka Mayor Art Prochaska City Administrator Tony Graff Finance Director Traci Pleckham Guests: AICP Roger Dahlstrom of NIU Presentation: Fiscal Impact Study by Roger Dahlstrom of NIU NIU's AICP Roger Dahlstrom began by stating the study is based on the Grand Reserve Development Proposal which is principally a residential proposal. It has a 40 acre commercial area added prior to this report. He said that the dwelling unit counts and acreage have not changed. They have 2,650 dwelling units that involve detached single family, attached single family and 300 rental units as well. He said the report takes you through the verbiage of the process of the analysis; what is included and how we approach some of the information, some of the data sources that they use basic things about assessment factors. He said that unless they are extremely upscale,that residential developments generally do not support themselves from a fiscal impact standpoint. He pointed out that it was not unusual or unique to any community it is just the way it is. That is the reason whey land use planning and community development include what is known as balanced growth. That would be with the concept of making sure there is adequate commercial and industrial land use space to support the residential. The reason for this is because the residential component usually consumes more in service costs than it produces in revenue. He said that they have used a number of different approaches with in the context of the analysis. Some things that he felt needed to be pointed out specifically were the 2 ways to view retail sales tax generation from a development. One way is to look at the generation of retail sales tax from the commercial component. You would want to take a look at what is a likely mix of commercial uses. You would also want to take a look at the outside sources for instance the Urban Land Institute which has different types of figures for different types of commercial uses and what their growth sales are likely to be. That then is converted into a sales tax. There is a certain factor in there for redistribution in case nothing is added to the retail base. Mr. Dahlstrom said it would also be a good idea to add some method in which to assign some form of revenue from a population base for retail sales tax. There is more explanation of the method on page 5 of the study packet. If the City has what is called stand alone communities or island communities then population base could be added. You can make a good assumption by how much more retail sales tax is going to be generated because those people are going to consume with in the community. He said that they went back ten years and looked at the City's trend of population and the trend of retail sales tax. From that they felt that Yorkville is still in the situation of where there is a positive relationship to additional residence and additional retail sales tax. Mr. Dahlstrom said that they felt the relationship between the two are not yet strong enough to say another person means another dollar. So they then took the projected value of the homes and with various calculations reduced that to an income then to a disposable income and also an income for various types of goods. He said that though this was a very complex calculation but it did get Page 2 of 6 them to a point where they felt very comfortable with assigning some level of retail sales tax to additional population for the development and community. One thing that they point out in the verbiage that is very important is that they feel it is a valid assumption of a ten year projection period. The reality is though that the community is expanding, the people are expanding. The City might already be bumping up to Oswego and Montgomery as we grow. When that happens then the retail sales tax becomes a metropolitan/marketing function. One other very important consideration, which would be the most significant in this report than in the earlier one, is that the City of Yorkville has increased its fees for various items of capital improvements in the community. Those items have substantially increased financially since the earlier December report. Essentially where the City was at before was that the fees that the fees that were charged per dwelling unit had been at $1,200 minus the $300 that went to the Park Protection District and this report focuses only on the municipality, so that was taken out. It ended up being a $900 per dwelling unit charge. When the existing charges and new charges were included,NIU came up with$4,800 per dwelling unit which$3,900 per unit more. That makes a substantial difference in the cash flow in the early years. Mr. Dahlstrom went on to illustrate that point by referring to the bar chart on the back of the study packet. He explained that the chart showed what to expect on an annual, year by year basis,the balance of revenue and expenditures given from the nature of the development proposal. It is also looked at from a balanced basis over a 10-year period and how things the positives and negatives balance out. Given that formula by which MU has laid out, they think that the City would be about 4 million dollars to the good, over a 10-year period and present value. He said that present value must be looked at because of the cash flow in the early years that would not be there in the later years. It would be about year 6 when it would reach the break even point which is still slightly positive then after that it would go into negatives. A great deal of the positive flow comes from the fees which eventually decrease and go away as the dwelling units are built out and there are no more building additional units or permits. Mr. Dahlstrom said that the good news from a community developing stand point and in large part thanks to the staff that the City of Yorkville has found a way to get into a positive cash flow balance over the 10-year period. The bad news is that like any other presently residential development that ultimately it goes to the negative simply because it consumes more in service costs than it generates revenue. On page 2 of the report were listed the number of expenditures and revenues used for the basis of the study. Mr. Dahlstrom said that the bottom line is that the City really needs to take a look at this development in the context of how does it fit into the community. He said that if that many roof tops do get built then the City will likely see not only additional commercial development, then at least additional activity in the existing commercial development. Alderman Richard Sticka asked how the City would show a negative cash flow if there would eventually be more roof tops which brings in more businesses and also brings in more sales tax. Mr. Dahlstrom said it is because this development component doesn't include a major commercial component. If the City did have a major commercial development then it would be a positive balance. Finance Director Traci Pleckham pointed out that NIU did not assume any commercial development when the study report was done. It is a basic analysis. Alderman Sticka felt that it ought to be made clear that this study is not looking at all the potential revenue that could move into Yorkville and that the chart can not predict the exact future revenue with out the potential commercial revenue. Mr. Dahlstrom stressed that this report is not a balance sheet for the community. This is a balance sheet for one isolated development. It is a device that prepares a community on how to look at the future phases of development. Page 3 of 6 Alderman Paul James said that it is the committee committee's opinion that the chart did not show what could logically happen with commercial development. The committee's concern is that the chart would reveal a cogent outlook for the City's future developmental revenue. Alderman James said that the committee had also discussed what they thought would be appropriate and that they would like to discuss and introduce those concepts as well. Mr. Graff asked if a counter chart could be added particularly knowing that the City has a historical balance and that the community has balanced the budget consistently over the last 10 years. Particularly over the fast 5 years with all the growth and commercial that have come in and that the City has not raised taxes but has lowered them. He pointed out that from the December report that for every dollar that is brought in there is a $1.15 to pay for that resident. He said that they know that there is a definite impact on every residential person that comes into the community. The community has been able to maintain and put money in the bank and now can take it out of the next 5-year period and show that to give a correlation. Alderman James mentioned that the feed back from the residents is that if the grand reserve is brought in then the existing taxes will go up. Their concern is that as the new development happens then existing taxes will be going up. He also felt that there should be supporting documentation, to show that over the last 3-5 years the City has been able to keep the tax rate the same time growth has been going one. He thought that there should also be data to show what would happen if the town had no more growth and what kind of impact that might have on Yorkville. Mr. Dahlstrom said that he couldn't say what kind of impact that cease growth would have but pointed out that with historical growth both commercial and residential growth has been incremental in nature. He said that if the City were to ask them to do a study on the entire comprehensive plan, then it would probably look similar to the current report because it includes more than one single development. That is why they put in that particular verbiage at the end. It is very difficult to look at any residential development in isolation outside of the context of the larger community development and not see a negative picture. The average price of a home in Yorkville on the 2000 census and update it by the consumer price index it doesn't come close to the values of the homes that are being proposed in the planned development. Therefore one could argue that the homes in this development are supporting communitive services to a larger extent than the existing homes. Mr. Dahlstrom said that this type of verbiage was comprised in the earlier report. Alderman Sticka said that if this chart says that the impact will be negative than it would cost the City a lot of money. Mr. Dahlstrom said that if the City were to approve this plan of the proposed development and then never had another thing built in the community,then yes it would cause a negative impact but felt that that was not the way it would work out. Alderman Sticka said no. Alderman James asked if they decided not to approve the development or any other developments after, then would the impact for the existing growth shoot up. Mr. Dahlstrom said that it would. Alderman James felt that as an impact study then that issue should have been addressed in the study. Mr. Dahlstrom said that that is why communities attempt to have a balanced land view plan and balanced growth perspective because this impact is not an unusual situation. Alderwoman Spears felt that if the community were to take a look at the current impact study that they would have a negative outlook towards the Administration. Mr. Dahlstrom said that they would need to look at the fact that it would be a large development that would build out over a ten year period. He went on to explain how the formula was calculated given from the spread sheet in Page 4 of 6 the packet. He said that every time some one would move into the new development there is a $706 cost. If the projected amount of people is doubled it might mean that the City staff could also be doubled. He also explained the possibilities of declining per capita costs on an economies scale. On an accumulative basis of the projected amount of$706 per person that could add up to 3 million dollars more of a net surplus. He went on to explain the other columns and the sur plus and revenue amounts after a grow-out of ten years based upon the study. Mr. Dahlstrom said that they would like further discussion and dialogue on this and that some consideration should be made for the economies of scale, sales tax per capita, and the possibility of a special census. This item will be further examined and researched by Mrs. Pleckham and Mr. Dahlstrom. OLD BUSINESS: Minutes for Approval/Correction: March 13, 2003 This item was tabled. Review Planning Coordinator's Fees Mr. Graff reported that Planning Coordinator Anna Kurtzman is very highly productive and detail oriented. She is able to track all the annexation agreement data and keeps it on a spread sheet. She passes on the spread sheet to staff for a final review. When working on the annexation agreement she charges the developer. Alderwoman Spears asked that if the staff meets with Mrs. Kurtzman to discuss an annexation agreement, do they pay her for that meeting. Mr. Graff said that some times they do particularly if they are having a strategic and/or negotiating discussion about it. Alderwoman Spears felt they should ask the labor attorney to see whether the planning coordinator should be charging the developer for the negotiating discussions rather than the staff. Mr. Graff said that he would ask Attorney Kramer about that. He said that Mrs. Kurtzman does have a level of expertise of what needs to be taken care of in the field of urban planning. This item will come back to the next Administration Meeting on Thursday, June 4, 2003. Water Accounts—Update This item was tabled. New Entry Way Sign—Update Mr. Graff stated that the sign should be in by Monday, May 12`h. This item will come back to the next Administration meeting on Thursday, June 4, 2003. NEW BUSINESS: Engineering Assistant Position Mr. Graff stated that City Engineer Joe Wywrot did a job description review for the Engineering Assistant position and that the labor attorney is reviewing it. They are hoping to create the engineering position particularly at the lower level where they can some times use the back up support. He said that after speaking with Mayor Prochaska and looking at the budget they would look to have this position in form by September. They are first looking at having a job description together and not yet hire anyone until the position is certain. Alderman Sticka felt that the job description should include the knowledge of Auto CAT Software. Page 5 of 6 Mr. Graff mentioned that the current Engineers Assistant does do project tracking and creates spread sheets. He said that the position primarily is defined as a secretary with knowledge of engineering operations. This item will come back to the next Administration meeting on June 4, 2003. Renaming of Faxon Road The committee decided that the new name for Faxon Road should be chosen from the approved list of street names. They felt that the developer could look over and choose a new street name from the approved street name list. Minolta Copier Proposal Mrs. Pleckham said that she is looking into the possibility of a lease option for the copier since the costs of running the copier around $12,000 a year. She contacted Minolta and they analyzed all the current copiers in the buildings and what the current costs have ran. See attached proposal. She mentioned that the proposal shows the billing broken down in to monthly billing. She said that Minolta has proposed to bring in all new copiers with the exception of the ones high lighted in the proposal because they are either new copiers or not under contract. She said that with the new proposal Minolta took the monthly volume of just the new letter alone and equated it out to $462 versus the$764 that the City is now paying to out source it. They did that across the board by giving comparable copiers and then equated the costs that the City would have on a lease agreement and came to a total that is actually less than what the City is paying annually on servicing and toner. She mentioned that Minolta services a lot of municipalities. Alderwoman Spears thought that they should have a few other companies come in and give comparables. Alderman Sticka agreed. Mrs. Pleckham said that she would look into it. This item will come back to the next Administration Meeting on June 4, 2003. Revised City Engineer Job Description Mr. Graff stated that he would get more documentation on the job description speak with Bob Smith. Mayor Prochaska added that the description should to also include that the engineer should have the ability to manage people. This item will come back to the next Administration meeting on June 4, 2003. GASB 34 Fixed Assets Policy Mrs. Pleckham stated that all the Department Heads had reviewed this policy and the only comments that came back were to get more definitions on the Capital Asset category on page 4 of the policy. She said that she has made a request from the auditors to give more definitions for that category. This item will go to COW following the auditor's response for the clarification of the Capital Asset category. ADDITIONAL BUSINESS: Mr. Prochaska mentioned that they had been notified by the County Clerk's Office that the levy extends beyond the tax cap.The City will have to reduce the levy. The most obvious reason for this is that the cap is at 1.016% which makes it a very low cap.He said that they are over $47,500. The tax rate will go down because the existing value of homes went up. Page 6 of 6 Mayor Prochaska said that they will need to speak with the County because he thought that the calculated 8.7%reassessment rate of property in Yorkville was too high. He felt that they needed more information and clarification on how they came up with that assessment number. Alderwoman Spears mentioned that they are waiting on information from City Clerk Jackie Milschewski about getting help with minutes. She is checking with a firm to see if they could assist with the minutes. There was no further additional business. Meeting adjourned at Minutes by Theresa Brady Page 1 UNITED CITY OF YORKVILLE DRAFT ADMINISTRATION COMMITTEE JUNE 12,2003 Members present: Alderwoman Rose Spears Alderwoman Valerie Burd City Treasurer Bill Powell Alderman Paul James Finance Director Traci Pleckham Police Chief Harold Martin Mayor Art Prochaska City Administrator Tony Graff Guests: Jason Mina1ga,Envirogen Brian Mihelich,Envirogen City Intern Bart Olson Michael Monteith,Envirogen Jeff Freeman,EEI Kevin McCanna,Speer Financial The meeting was called to order at 6:38 PM by Chairwoman Spears. PRESENTATIONS A) Speer Financial 1) Kevin McCanna from Speer Financial stated that the city has several projects,when proposals need to be submitted for monies, and when the monies need to be available. He is suggesting two financing options: 1)debt certificates and 2)alternate bonds. The debt certificates are more flexible,however the alternate bonds generally give a better interest rates. A specific revenue pledge source(ex.revenue from water) is needed for the alternate bonds and monies from differing sources may be pledged for the debt certificates. The city's projects noted were 1)water,secured by debt certificates with the repayment from water revenues, developer fees, and income taxes,is$4.7 million,with billed insurance,bringing the total to$4.8 million. This will be marketed on June 23`a and 24th,and coming before city council on June 24t. Another$8 million will be financed in the fall of 2003, secured with alternate bonds,using formal pledges of water and sewer sources. Mr. McCanna stated that the debt certificates use funds that are designated either water revenues or from the developers,which can be more flexibly monitored internally; 2)street monies of$1.5 million will be funded in the spring of 2004 and again in May of 2005 by alternate bonds,payable from the general fund, utility taxes and MFT; 3) ComEd sewer monies totaling $1.6 million will be funded in mid-August of 2003 with debt certificates,repayable with general fund and sewer fees-the city must have'/2 the monies prior to starting the project. 4)sewers on Bruell Street will be funded in October of 2003 with debt and Countryside sewer monies of$3.3 million will be funded in August of 2003 with alternate bonds from sewer fees and sales taxes. Ten million(approximately)will be the unused debt capacity. He showed repayment schedules, increases in existing and additional bond issue monies,and explained the"bump up" after 20 years on a debt certificate. His opinion was that this was an opportune time to use funding,as interest rates are at a 35-yr all time low. He stated that debt certificates count against the city's debt limits,thus the use of both the debt certificates and the alternate bonds. Mayor Prochaska questioned if any monies for the ComEd sewer project would be recapturable from connection fees. Administrator Graff stated that YBSD is looking at the revenue stream for additional dollars,hoping that monies needed for connection along the east side approaching Van Emmon and Hwy. 71,as pointed out by Mayor Prochaska,would ultimately come from developers.Mr. Graff was of the opinion that back end funds,after a 9-10 year period,may be more readily available to the city. The authorizing process for the Countryside project will need to begin soon with 1)passing the resolution;2) publishing and waiting 30 days and 4)selling the bonds,making monies available end of June or beginning of July. Mr.McKenna stated that any projects must match MFT funds,and that the state is very strict on the particulars concerning alternate bonds. Public hearings are needed on alternate bonds,because there is a potential risk to task payers,should the city fail to make a payment. Mr. McCanna stated he did not feel the city will be paying$600,000 in debt service by year's end and the city cannot afford to pay on the principal, in response to concerns regarding the repayment schedule. He feels it will be a number of years before the city will be able to repay principal,but noted that the money is callable and can be pre-paid. Being aggressive,believing build-outs will be at the current brisk pace,may be too optimistic realistically. B) Fiscal Impact Letter Mr. McCanna conducted a budget study on the impact of the Grand Reserve. At the end of 10 years,based on a conservative Page 2 projection,he showed the city to the good by $3 million dollars. Any residential development, in the long run,will always cost more than commercial buildings,because of higher costs associated with police and fire issues. He believes the residential population should bring in businesses,and stated the importance of keeping a balance between residential and commercial building. After 9-10 years,the costs increase,and a new development is a"sunk"cost,becoming an integral part of the city and the economy. Overall,he believes the Grande Reserve is a reasonable project,given the controls by the city,taking the monies as needed during construction. Director Pleckham presented an overall picture of the study with a bar chart visual,after the committee had expressed concern regarding the development in the last session. Cumulatively,the city will be ahead approximately$3 million,with a net present value of 5%at the end of the project. The(#1)water project will be brought to City Council on June 24t. C) SSA's -Windett Ridge and North Raintree(formally the Highlands) Three documents for each SSA were presented by Finance Director Pleckham- 1)the establishing ordinance;2)bond ordinance; and 3)trust indenture. All documents are being reviewed by Attorney Kramer and he is of the opinion that the verbiage is good. The trust indenture tells the city's role, and on page 19, 1st paragraph,4th lines(Windett Ridge)states that bonds are not the responsibility of the city. Additionally, on page 41,states immunity of recourse for city officers,employees and elected officials. Ms.Pleckham would like to give an overview to the COW on July 1s`(especially for N.Raintree and Windett Ridge)and to answer any questions. South Raintree will split their development into 2 SSA's-documentation provided to the committee members regarding this were the 1)proposing and 2)establishing ordinances,which are also being approved by the attorney. Name change information,as long as figures documented are comparable with the PUD,should not pose any problems and the City's document numbers can be referred to in the PUD agreement. Administrator Graff stated that this SSA is tied into the ComEd proposal. The bonding company must see that the interceptor is going to be built,with a commitment from the city,thus the$1.7 million is being pushed up in the time table. The developer has committed a lump sum per-annexation payment of$3 million, which will be put in an interest bearing account,showing in the treasurer's accounting South Raintree will to COW on Tuesday,June 17. Grand Reserve Ms.Pleckham explained that Grand Reserve,in their annexation agreement,stated there were potential SSA's in their development. Timing for intent is not certain,and Ms.Pleckham is seeking opinion from the committee as to whether or not Grande Reserve would need to come to administration committee or directly to COW for approval on the resolution. At issue, stated Mr. Graff, are the attorney fees and upfront costs that Chris Knight would be paid out of the SSA monies issuance. Grande Reserve board has voted to move their annexation date to July 8. Administrator Graff's opinion is that the resolution of intent would go before the COW on July 1. The committee okayed the Grande Reserve resolution of intent going to COW on July 1 st The committee will be updated at the July meeting. Mr.McCanna left the meeting at 7:15 PM. NEW BUSINESS 3) Connection Fee Analysis for the Water Works System Jeff Freeman of Engineering Enterprises conducted an analysis of water connection fees,using the Grande Reserve model. The purpose is to be able to collect sufficient fees to expand the system,meeting water demands created by additional connections. Parts of the development costs are those to physically connect the system and install water mains to and through developments. At issue are the monies now collected residentially and commercially, and the proposal to increase the rates. The current charge for connection is$800 per single detached residential customer, and$400 for single attached multifamily units. Depending on the size of the water storage facility and costs involved in the building and maintenance of the infrastructure, calculations can be determined,using the total of cost to build divided by the total population served. Calculations shown were arrived at using 1 PE(population equivalent)= 100 GPD(gallons per day). Incremental water supplies of well capacities from 350 GPD- 1000 GPD,with additional population served,were shown in illustrations,as well as water storage costs per Page 3 population equivalents(PE's). The water supply and treatment rates,as well as water storage fees,decrease per PE accordingly,3 as usage increases. Connection fee = supply and treatment + water storage costs. The calculations provided show the total water impact fee at$753-$1213/PE,which amounts to$2635-$4246 per unit,based on 3.5 persons living in one household. Mr.Freeman is recommending,based on each person using 100 GPD(gallons per day),a single family detached connection fee of $2635 /Unit($753/PE at 3.5 PE/Unit). For single family attached multifamily connection fees,his recommendation is$2,260/ Unit($753/PE at 3.0 PE/Unit). Commercially,EEI received rates from other municipalities in the area,using 1"-8"connections. Commercial connection fees in these areas varied considerably,with determining factors being sliding scales based on flow and building footprints, improvements based on streets types,sliding scales for over 2",fees for fire suppression systems,as well as fees based on front feet of the property and occupancy(with a sliding scale for number of employees). The Yorkville industries study was based on use,not storage and cost of the connection,which Yorkville currently is using. The study shows Yorkville at the lowest castoff of the cities comparison spectrum(at$800 for a 1"main, ex.), as compared to Aurora(the highest)at$62,450 for an 8"main connection. Mr.Freeman sees the advantage of commercial and industrial developments in revenue producing dollars,as these may offset the capital costs for required water capacity. His recommended options are 1)utilizing$753 /PE as a fee with$11,295 as a minimum(1,500 GPD); 2)maintaining the connection fee based on meter size,charging the fire connection fee at 31%of the typical meter size(where 1"water connector could be disconnected for non-payment,but maintaining the 8"connection for the fire connection),or 3)use$753/PE,with a maximum established in a table,and consider a fire service discount for connecting. Administrator Graff stated he believes higher costs for fire connection by commercial/industrial builders will be favorably received,with a discount for fire connections. He suggested a meeting with Eric Dhuse(Public Works),Joe Wywrot (Eng.Dept.) and Bill Dettmer(Building&Zoning)to obtain their input on commercial properties, in particular to establish the 2"users, bringing the recommendations to COW on July 1st. He favors offering incentives to commercial/industrial developers. Grande Reserve has been advised regarding the potential residential fee raise. 2)Proposal for Brownfield's Redevelopment Grant Application Administrator Graff stated that the city had been in attendance at conferences to learn about the availability of grants for Yorkville "eye sores",that require funding for cleanup,and to be environmentally safe. The City has no guarantee that it would be awarded monies if we have a grant. One site is the landfill site,by Beecher,which is adjacent to properties being developed. Presenters were Brian Milhelich,Michael Monteith,and Jason Minalga. The company is Envirogen,managing 900 sites nationwide,with a 12%market share.Initially they identify sites, search a national data base to qualify for ongoing corrective action,prepare grant applications(at no charge)-then if they are awarded the grant monies,Envirogen hopes to be awarded the contract with the City. Envirogen manages the project,from application process to final completion. The Brownfield Grant is available for municipalities through Illinois EPA,with a cap of $240,000 for environmental and remediation work available per municipality. Seventy percent of costs are met by the grant,30%are assessed the city. The city can match funds in two ways: 1)put up match monetarily,or 2)in kind by municipal time or equipment given toward at the site/s. process. Application sites must have contamination,or"perceived contamination",which prohibits developers' interest in and around the site/s. The grant's benefits return are 1)returning properties to preductive use,2)raising employment(if property is used for commercial development), 3)improve the value of surrounding properties,and 4)eliminate threats to the communities. Costs included are 1)initial testing and assessment for environmental conditions,2)site remediation, 3)remedial action plans, 4)risk based closure(highway authority agreement,ex.), 5)remediation at the site,with an approved plan (ex.removal of underground tanks). Costs not covered are: 1)demolition, 2)asbestos and lead abatement,and 3)geo-technological work. The municipality does not have to own the property under application, but the city must have an access agreement in place, saying that the municipality will benefit when this privately owned property is improved. Property owners may return a proceed of sale of the property to the city,(thus the state benefits,as well)because of the increased value after clean-up. Potential end uses are a must in the applcation. Guidelines for grant applications are properties: 1)cannot be listed on national priority list,2)cannot be listed as a solid/hazardous waste facility, 3)not accessible for underground leakage program 4) not associated with federal court or U.S. EPA orders,and 5)meet all other eligibility requirements. Envirogen must present a potential problem to the state for funding,then make sure property meets requirement of SRP,and is not available for any other funding. The biggest problem is coming to an agreement with the property owners,because of the Page 4 stigma attached with the"government"and the 1EPA(and it is perceived the government is telling them how to run their business) stated Mayor Prochaska. Problems may also arise because of the scope of the monies needed to complete a cleanup and there are legitimate and legal reasons for withdrawal of the application. The state must see that the City must profit more than the private owner before the grant is approved,thus it is imperative that a property owner/City agreement must be in place before work begins. Envirogen must approve a"pre-started"Phase I and Phase II(even with another company)before grant monies is approved. The City can approve monies in an agreement with developers,but the City administers all the monies. The City uses this as a tool to get dollars. Zoning changes,TIF, and annexation issues may arise,thus communication prior to the completion is key. Administrator Graff stated Envirogen wants to file an application for the City,with two sites in mind. He favors the company because of their completion from site confirmation to end(with exception of engineering,which is contracted out). If the site completion is not completed(and owners not in agreement)or the City hires another firm,the$5000 for the Envirogen contract would be due. Each individual project must be individually applied for,with a lifetime cap of$240,000,and Envirogen prepares reports,giving the state and City incremental documentation of monies needed for each phase. The money is in the State budget, per Envirogen. The committee understands the value in increasing the assessment of properties, cleaning up sites,and increasing tax dollars for the City. Envirogen suggested the City first approach the property owners,and the necessary forms will be forwarded to Administrator Graff. He believes one Yorkville property owner is ready to sit down and discuss a Phase I with the City and Envirogen,with the stipulation that his property would increase in value. Dan Kramer will be consulted. Envirogen suggests beginning with only one site. OLD BUSINESS 1) Minutes for Approval/Correction March 13, 2003 Traci Pleckham will be given the corrections and the minutes will be returned to the next committee meeting. 2) Water Accounts Update This will be updated monthly. Typically, if the meter cannot be read,the billing increases approx. 10%per cycle,in hopes that the customer will contact the water billing department. Legally,Dan Kramer said we cannot do a shut off,if they are making payments. Mayor Prochaska suggested a graduated fine,if the City is not contacted to put in a meter. Administrator Graff will check the legality. Data cleanup is an ongoing process with the new MSI software. 3) New entry way sign United City of Yorkville size of letters will be taller and placed closer together,with the same look as"character counts". In addition,"Yorkville"will be moved down. The City has obtained written permission for use of"character counts". 4) Engineering Assistant-review of job description Position requirements discussed and changes submitted are: 1)to page 2,#1 -add"working knowledge of"(not utilize)Auto Cad, Word and Excel, 2)page 1 to status -add Full-time"exempt",3)page 1 -add"Position Supervised-none",4) page 1 - #8,add"answer telephone and customer service",and also strike the words Administrator and Finance Director. Under skills, add 1)"typing-50 wph",2)"will have excellent communication and writing skills",3)"highly organized and ability to prioritize assignments". The Mayor recommended,with committee approval,lowering the salary range for general support personnel,leaving this position within the new salary range,recommending this goes to COW on July 1 for amendment. Administrator Graff will consult with staff for a recommended range for this position. 5) City Engineer 1)Under positions supervised,the committee recommends general(not administrative)support-page 1. 2) Add"certification"to minimum and preferred experience,education and certification-page 2. This will be on the COW agenda in July. Page 5 6) Copier Proposals- review Proposals were received by Finance Director Pleckham from Minolta,Xerox,and Kopy Kat. Kopy Kat will increase the monthly lease cost by 5%after three years. Currently the City is unhappy with their service. Ms. Pleckham recommends Minolta, for these reasons: 1)mid-range for lease expense,2) the company has given excellent service in preparing the bid, 3)they offer on-site web services,with questions answered within a 4-hour time frame,and 4)upgrades or downgrades are available,with changes in the monthly leasing charges being flexible. Administrator Graff suggested using a 5-year lease agreement cost analysis(rather than three year) for the three proposals,using the 66,014 per month copy volume,and taking the proposed overage in copies into consideration. Ms.Pleckham will also document the service time issues experienced with Kopy Kat,to compare with the 4-hour on-line on-time service offered through Minolta. The police department copier will go to the Beecher Center,and the police will receive a new copier with service agreement,and one with the ability to copy on-line documents. This item will be on the consent agenda at COW on July 1,with a positive recommendation from administration. NEW BUSINESS 1) Emergency Check Signer-City Administrator The City has experienced some difficulty in finding signers for check,and thus, Kim King in accounting,has requested Tony Graff have check signing abilities by way of a verbal approval from the Mayor. It was agreed up that the other signature must be an alderman/woman and that 1)Tony Graff,City Administrator,or 2)Traci Pleckham,Finance Director,could be the second signature. The committee agreed that this should only occur on a payroll check. Administrator Graff will have Attorney Kramer draft a resolution for COW. 4) Thomas Alarm System Dick Heath is unable to do the job,and his recommendation was Thomas Alarm. They installed the City's video surveillance cameras. The City is requesting they do cable/phone installation,but it is under$5000,so the Mayor can sign this without committee or City Council approval. No further action needed. 5) Ordinance Declaring Compliance with Prevailing Wage Act This is an annual ordinance prepared by Dan Kramer,stating the City's intention to comply with Illinois Wage Act. This will be presented to COW on the July 17`h. 6) Senior Citizen Refuse Rate Proposal The new rate has been discussed,and it was budgeted,but the City has not voted on it. It will be$.50 monthly for a senior citizen discount. This will go on the consent COW agenda. 7) Furniture/Office Equipment RFP Specifications for City Hall/Police Dept.Build out Staff agreed we should buy all equipment from one retail source. Hon was in the mid-range price desk. Administrator Graff asked the committee for a RPF for proposals,rather than advertising for proposals. The equipment budget was approximately$50,000- 60,000. Mr. Graff will talk to Dan Kramer to see if this is legally permissible. He will also check into the fans which may be needed in the Chamber. Not all furniture will be replaced, only those pieces that are a necessity. Some of the used pieces will go to Public Works. If the RFP's are requested and legally okayed,proposals will be brought to COW in August. 8) Web-Site Update The City website is currently under construction. The construction site is http://66.253.25.238. Bart Olson,the City intern,has been working on it this summer. A photographer is coming next week to Yorkville. The City Hall picture will be on the website. Page 6 9) PTW-Name Change Update The state budget director cannot be affiliated with the firm,so they have undergone organizational and name change. No action needed. 10) Utility Audit Proposal Ms.Pleckham has been checking firms that conduct audit to save monies on ComEd,NiCor and phone bills. All the companies believe they can save the City up to$1500/month,based on the preliminary information given to Ms.Pleckham. Typically an audit takes a year,and the companies take 50%of the savings for the year,and also 50%of the savings that they find in the audit (ComEd or NiCor,ex.Would be responsible for paying back overcharges). There will be no fee for this service. Ms.Pleckham is recommending Troy and Banks for the audit. This will go to COW July 1. 11) Project Financial Tracking Worksheet-For Information Only This reflects money that has been paid by developers. Administrator Graff believes it a good visual to track fiscal progress. On this worksheet there are 64 projects. No further action needed. 12) Administration Office Staff-Proposal Annette Williams has been selected as the City Secretary,and will complete her commitment to ICCI,then begin her full time City position. Mary Mizera has been appointed temporary full-time City receptionist,and Mr.Graff has checked on IMRF policies with Kim King. Legally, at this time.the City is not responsible for benefits for Ms.Mizera. It will be 60-90 days before she is hired full-time. The administrative staff is discussing some realignment options. In the interim,Ms.Pleckham has been temporarily assigned the duties of office supervisor. Mayor addressed the committee on an additional full time position for the City office. The Mayor suggested this person would be in charge of scheduling meetings,ordering supplies,overseeing meeting spaces,coordinating vacations,resolving problems with the phones and office equipment,and facilities maintenance. In addition,this person may assist in coordinating public events. Mr.Graff and Mayor Prochaska suggested that the Ad-Hoc Committee may have some additional input on this matter. Mayor Prochaska is suggesting the possibility of hiring at budget's mid-year. He and administrative staff will put together a job description draft for the committee's next meeting. The meeting was adjourned at 10:20 PM. Respectfully submitted, Annette Williams , Development Coordinator Monthly Report United City of Yorkville July 2003 Summary Page Grand Kylyn's Heartland Ocean School Park Fisher Reserve Menards Ridge Montablano Circle Atlantic Ord (Kimball Admin. Total Hill) Correspondence 4.75 3.25 1.00 0.00 0.50 3.75 0.00 1.50 2.00 16.75 Reviews/Research 1.25 2.75 0.25 0.50 0.50 4.00 0.50 0.25 0.50 10.50 Tracking 1.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.25 Reports 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.75 1.75 Meetings 7.25 2.25 0.25 0.00 0.00 3.25 0.00 5.50 1.00 19.50 Total 14.50 8.25 1.50 0.50 1.00 11.00 0.50 7.25 5.25 49.75 Printed: 8/8/2003 Development Coordinator Monthly Report United City of Yorkville July 2003 Daily Totals Day of Ocean School Fisher Date Grand Kylyn's Heartland (Kimball Week Reserve Menards Ridge Montalbano Circle Atlantic Park Ord Hill) Admin. Total Tuesday 7/1/2003 3.50 0.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.25 Wednesday 7/2/2003 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.75 1.75 Thursday 7/3/2003 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 �oi31go ...z# #g #pm .... vtom..........:....fi):t'� ........... #'�i�t�.......... . t } ....�k.f ................ti:��. ..... .......#�.i�J£�................ t Monday 7/7/2003 0.00 0.00 0.00 0.00 0.75 0.00 0.50 0.00 0.00 1.25 Tuesday 7/8/2003 0.25 0.00 0.00 0.00 0.00 1.25 0.00 1.25 0.25 3.00 Wednesday 7/9/2003 1.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.25 Thursday 7/10/2003 0.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.75 Friday 7/11/2003 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ..: .............:_: .... ' '>< ._..:.:.«. :.;:..::<.::;:.;>.:•.; _ 0.00 f3 f # 0 t ' y • • :::: ;;;:>:>:>'z ..: : :;> .: ,4:` .. ..... : . ? gi: . . .. .. . . :::: tom . ...:. ItmQos ? . . ) ; »> '>`� v ''..3 >'i ' '' ; £ ` '? > > ; #< ` '? , ` : > ; :< " " `? . .: ••:•:•: R ... : •>' : .... :•••••••••••••••••••••• :>:'>:: r ? t0:::i`'> ':'::: ?'>: 1.j:::i:.> :::::::.` l � : ': :: :• : -60 . . : # #..� . . ...:>. . p€ :. Q : ,: : _ t ; ; : • . - .. >.:..:..« :.: • ....mi Ei::. • ::; � i Ci Monday 7/14/2003 1.50 0.25 0.00 0.00 0.25 0.50 0.00 0.00 .0.00 2.50 Tuesday 7/15/2003 0.00 0.25 0.00 0.50 0.00 0.00 0.00 0.00 0.00 0.75 Wednesday 7/16/2003 2.00 0.00 0.00 0.00 0.00 0.25 0.00 0.25 0.00 2.50 Thursday 7/17/2003 0.25 1.50 0.00 0.00 0.00 3.00 0.00 0.00 0.00 4.75 Friday 7/18/2003 1.75 1.50 0.00 0.00 0.00 2.50 0.00 0.00 0.00 5.75 0>:' Monday 7/21/2003 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Tuesday 7/22/2003 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Wednesday 7/23/2003 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.25 0.00 2.25 Thursday 7/24/2003 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Friday....................7/25/2003 .................0.00...................1:2 5..................0.25 0.00 .....................0.00.................0.00.................0.00...................0.00 .................0.00..........:........1:50 < : ............... . ................................................... ......................... ...........:......:........:......................:............................................ ................:.................................................................................................................:.........:.::<`:......0... Monday 7/28/2003 0.00 0.25 1.00 0.00 0.00 0.00 0.00 0.00_ 1.50 2.75 Tuesday 7/29/2003 0.25 1.00 0.00 0.00 0.00 3.25 0.00 0.00 1.00 5.50 Wednesday 7/30/2003 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00_ 0.50 3.50 Thursday 7/31/2003 0.00 1.50 0.25 0.00 0.00 0.25 0.00 3.50 0.25 5.75 Totals 14.501 8.251 1.501 0.501 1.001 11.001 0.501 7.251 5.25, 49.75 PENDING ' DATE ACCT# NAME ADDRESS PROBLEM ;STATUS 'NEED RR INSTALLED CLOSED DURING 8/4/031 3011610IFOX RIVER LANES 1205A N BRIDGE ST DAYTIME- ESTIMATING BILLS !METER STUCK AT 70854 SINCE 2/03 8/4/03 3050901PUBLIC!R RIEMENSCHNEIDR WORKS 610 TOWER LANE BILLING 8/4/03 - I 406 CHURCH METER STUCK IS OCCUPIED NEED RR INSTALLED -CANNOT ALWAYS 8/4/03 306030PARKVIEW '201 W CENTER GET IN ESTIMATING BILLS ,TENANTS MOVED IN IN JUNE READ STILL 8/5/03 310070 iHAUSLER 203 W SOMONAUK 11AT 0 3110408/5/031 FRIETSCH 1007 SUNSET METER STUCK AT 59900 , 312020 URIBE 102A APPLETREE METER STUCK AT 74400 8/5/03 8/6/03 j 1381401GENE JOYNT 1310 CORALBERRY NEED RR-METER UNDER DECK 8/6/03 106040-02 NEW HOPE201 W MADISON NEED RR-CANNOT GET IN 8/6/031349307-01 SHALLCROSS '1307 CHESTNUT LN (METER STUCK AT 3000 8/6/031414280-01 QUINN 408 ELM 1METER STUCK AT 115400 8/6/03 202041 PARKS DEPT 301 E HYDRAULIC NO METER NEED RR-HARD TO ACCESS FOR METER 8/5/03' I 110 NADEN READER DID NOT PICK UP CERTIFIED 2/12/02 1080601 HINMAN 208 W RIDGE#1 STUCK AT 2938 LETTER DID NOT PICK UP CERTIFIED 2/12/02 108161 'HINMAN 208 W RIDGE#2 !STUCK AT 1322 LETTER DID NOT PICK UP CERTIFIED 2/11/03 5110831OSBORNE 1508D POWERS CT STUCK METER AT 57500 LETTER DID NOT PICK UP CERTIFIED 1/9/031 509030 POSS 105 CENTER PKWY I1STUCK METER AT 13700 LETTER 2/12/02 201100 INGEMUNS 226 S BRIDGE ST 'STUCK METER AT68900 104 W COUNTRYSIDE 14 UNIT STUCK AT 70100 SINCE 12/31/02 2/11/03', 506020 GROSSGUT PKWY BILLING 504 COUNTRYSIDE !METER STUCK AT 195700 LAST SEVERAL 1/6/03 503140 UNION BANK CENTER BILLINGS 1411 COTTONWOOD 12/23/021 352012 NEUTZ TR 'METER STUCK AT 284 SINCE 2000 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) UNITED CITY OF YORKVILLE AND YORKVILLE-BRISTOL SANITARY DISTRICT INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT made and entered into this day of , 2003, between the UNITED CITY OF YORKVILLE, a municipal corporation of the State of Illinois (hereinafter referred to as (CITY), and the YORKVILLE-BRISTOL SANITARY DISTRICT of Kendall County, State of Illinois (hereinafter referred to as (DISTRICT). WHEREAS, THE CITY and the DISTRICT have authority to enter into an Intergovernmental Agreement and; WHEREAS,the CITY and the DISTRICT have a Long Term Plan(revised March 3,2003) of extending its sanitary sewer interceptors within and outside the DISTRICT's Facility Planning Area; and WHEREAS, several developers/property owners located along the North Rob Roy Creek corridor, outside the limits of the Facility Planning Area, have formulated their intentions of annexing to the DISTRICT; and WHEREAS, the DISTRICT needs to amend its Facility Planning Area to incorporate the land of said developers/property owners; and WHEREAS, the CITY has committed to pay the cost of the application to amend the DISTRICT's Facility Planning Area; and WHEREAS, the CITY and the DISTRICT desire to enter into an Intergovernmental Agreement, concerning payment of the application to amend the Facility Planing Area. NOW THEREFORE, IN CONSIDERATION OF THE FOREGOING AND OTHER -1- MUTUAL COVENANTS HEREINAFTER CONTAINED,THE PARTIES HERETO AGREE AS FOLLOWS: 1. The DISTRICT will engage the services of its ENGINEER, Walter E. Deuchler Associates, Inc. or its sister company, Deuchler Environmental, Inc. to prepare the application to amend the DISTRICT's Facility Planning Area. 2. The ENGINEER's fee in the amount of$50,000 shall be invoiced to the CITY and paid by the CITY within 30 days of receipt and copy of the paid invoices shall be provided to the DISTRICT. 3. The application to amend the Facility Planning Area shall be limited to develrpers/property owners,that have petitioned the DISTRICT for annexation and which have provided the DISTRICT with conceptual plans of their proposed developments. 4. This Agreement is binding upon and inures to the benefit of each Party to this Agreement and to all officers, directors, employees, beneficiaries, administrators, agents, servants, attorneys, other representatives, insurers, shareholders, partners, principals, affiliates, subsidiary corporations, successors, assigns, and heirs of each Party to this Agreement. This Agreement may not be assigned or transferred by any Party under any circumstances, except upon the prior written consent of all Parties. 5. Any notice required or desired to be given hereunder shall,unless otherwise specified, be sufficient if in writing and personally delivered or sent by certified mail, return receipt requested, and sent via facsimile, as follows: If to the United City of Yorkville to: Mr. Anton Graff City Administrator 800 Game Farm Road Yorkville, IL 60560 -2- If to Yorkville Bristol Sanitary District, to: Mr. Ralph Pfister Executive Director Yorkville-Bristol Sanitary District P.O. Box 27 Yorkville, IL 60560 or to such other address as the addressee may have specified in a notice fully given to the sender as provided herein. 6. Each of the undersigned warrants that he or she has full right, title, power and authority to execute this Agreement. 7. Each of the undersigned warrants and represents that he or she has read this Agreement,and each has,either personally or through his or her attorney or attorneys, fully investigated to his or her full satisfaction the facts surrounding the various claims, controversies, and disputes, and understands the terms of this Agreement. 8. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable laws,but if any provision of this Agreement shall be held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. 9. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof, supersedes any and all prior written or oral agreements between or among the Parties, and may not be modified in any manner, except by an instrument in writing signed by the Parties. -3- 10. This Agreement may be simultaneously executed in two or more counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute a single agreement. 11. Exchange of signatures by facsimile shall be satisfactory execution to make this Agreement valid and enforceable. 12. This Agreement will be governed by the laws of the State of Illinois. • AGREED AND ACCEPTED: UNITED CITY OF YORKVILLE YORKVILLE-BRISTOL SANITARY DISTRICT By: ARTHUR F. PROCHASKA, JR. B .!! JOHN M. BRADSTREET Title: Mayor Title: Preside /Le---- By: JACQUELINE MILSCHEWSKI By: L. ERIC SCHO Title: City Clerk Title: Clerk -4- MSI CONCERNS 8/12/03 When closing accounts the meter location does not carry over to the new account. Still running across bill-to addresses that are missing from the program which has caused extra work and postage for rebilling. Validation run for Direct Debit not working nor could I get the DD updated into the accounts last billing period. I manually entered the payments in. The history of meter reads are not shown in the program. When residents inquire about their account there is no history except the financial history report which shows only financial history. MSI loads all accounts to the hand-held reader causing confusion for the meter readers listing an account that does not have water service. On the cash receipt entry report the balance due or overpayment credit should be listed on the report. For meter information the meter number, MXU#, and any channel or port number must be looked up on two different screens. This should all be available on one screen. Closing accounts involves several screens to close the account. Takes way too much time. Should all be able to be done on one screen. Each account should be accessible through one screen. UB screens are not clear-carrying over from previous look-up. Not calculating amounts properly S/B 2.10 for 7 days sewer charge will print 2.09. Close date of account does not show up anywhere in account. Fine print S/B a larger font very hard to read. Balance due amounts are not correct when entering payments at cash drawer. Ran meter inventory report— shows incorrect address and meter type. Hand held pulling information from address field displayed in name field in HH. Billing dates for new accounts are not shown as start date on bills. Name look-up screen has names chopped up. Cannot use name look-up to look up accounts. • S. COPY :.• .•:.•• :.• Memorandum To: Alderwoman Rose Spears From: Kim King Date: 8/12/03 duir Re: MSI Software The problems I have experienced with the new accounting software is as follows: 1. 7/25/03 — Accounts Payable "double" posted expenses. MSI responded by saying not sure how this happened but was able to correct. 8/01/03 —Trying to print payroll reports and received "Operational Conflict Error" - Had to shut system completely down to resolve problem. Not sure why error occurred to begin with. — Accounts Payable "double" posted expenses again. MSI still not sure why happened but has been corrected —Posted accounts payable invoices and printed distribution journal only showed debits and no credits. Had MSI cancel the batch and start over. There will be I'm sure more problems, but with the audit not being complete, there are no beginning numbers in the new software so no reconciliation's can be done until audit figures are in place. Not sure when that will be. 0000 00 0000 MUNICI• �Li S of ' ARE, INC, I I Municipal Software, Inc., 1850 W. Winchester Road, Suite 209, Libertyville, IL 60048 847-362-2803 July 17, 2003 Ms. Traci Pleckham City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Traci: Thank you for your time during our meeting on July 17th regarding Municipal Software, Inc.'s software implementation at the City of Yorkville. I appreciate the time you extended to Cheryl Cross and myself to discuss the open items as reported by your staff. I apologize for the problems related to the implementation of the MSI-Utility Billing application and for the "incomplete" utility billing data conversion. Municipal Software, Inc. has performed many data conversions in the past and for one to take as long as the City of Yorkville's did with as many problems that developed is unacceptable. I would be happy to remove the software service agreement fee of$1,200 for the MSI-Utility Billing application that is due to appear on the City's first software service agreement invoice. The annual software service agreement begins January 1, 2004 and runs through the end of the year. Of course, please let me know if this is acceptable. Finally, we briefly discussed training and determined the City was very close to using the 100 hours of training originally included in the Sales Order. We estimated an additional 12 hours of training will be necessary to complete training on the MSI-Budget Planning application, MSI-Fixed Assets application, and miscellaneous items related to the MSI- Utility Billing application. Municipal Software, Inc. will provide these additional 12 hours at no cost to the City of Yorkville. Thank you again for your lime and coriirne,its du,ing our meeting, and a;so fur your patience. I assure you that the list of"issues" we produced this morning can be resolved quickly. Please do not hesitate to contact me with any additional concerns. Sincerely, MUNICIPAL SOFTWARE, INC., 1,, Richard E. Plese Sales Manager • Superior Software for Local Government • www.municipalsoftware.net United City of Yorkville EINCounty Seat of Kendall County EST. 1836 800 Game Farm Road Cl) Yorkville, Illinois 60560 O I Phone:630-553-4350 Fax:630-553-7575 L E \\'v August 5, 2003 Mr. Richard Plese— Sales Manager Municipal Software, Inc. 1850 W. Winchester Road—Suite 209 Libertyville, IL 60048 Dear Rich: As a follow up to our July 17th communications, I would like to thank you for taking the time to address the City's MSI concerns. I am hoping that the issues we discussed, and ongoing open items, are resolved in a timely manner. As mentioned, I am also maintaining a log for any future concerns, which I will communicate to Cheryl Cross. Since we met last, I would like to highlight two areas of concern which were not previously addressed. First, we have had situations where MSI support staff(Cheryl, Sue, 800 support) have not been able to explain why the system displayed/processed information the way it did. This leaves the City staff very uneasy in regards to the MSI system reliability. I do not believe that a response of"I don't know why it happened" is acceptable. Secondly, when asked why something in Utility Billing converted in a certain way(that does not affect the overall processing), our questions have been basically disregarded. I hope that MSI can do a better job in responding to my staff's concerns, and providing clear explanations to issues that arise. In regards to training time, I am requesting that MSI provide the remainder of necessary training time at no cost to the City. Due to the fact that Fixed Assets and Budget Planning training have not begun, we have not had formalized Relativity training,training time has typically turned into "troubleshooting time", and staff is still having ongoing questions with already-trained modules, I am not comfortable putting an hour limit on the remainder of training time. Finally, I do agree to your proposal of waiving the $1,200 Utility Billing application service agreement fee. In addition, in reviewing the License Agreement, item 11.0 states that"MSI shall attend(20) hours of project status meetings to be held at the City's offices in Yorkville, IL". To date, we have had no project status meetings. I am requesting MSI waive the entire $2,000 fee, to be deducted from Payment #3 due before August 30,2003. Please confirm that the above requests are acceptable. Also, I am still awaiting receipt of the stand for one of our laser guns. At your convenience, mail the stand to my attention. Thank you for your attention to these matters. Please call me with any questions. Since ely, t L U/ge. Traci Pleckham Finance Director CC: Tony Graff— City Administrator .•• c py • Memorandum • To: Alderwoman Rose Spears From: Kim King Date: 8/12/03 U . Re: MSI Software The problems I have experienced with the new accounting software is as follows: 1. 7/25/03 — Accounts Payable "double" posted expenses. MSI responded by saying not sure how this happened but was able to correct. 2. 8/01/03 —Trying to print payroll reports and received "Operational Conflict Error" - Had to shut system completely down to resolve problem. Not sure why error occurred to begin with. 3. 8/4/03. . —Accounts Payable "double" posted expenses again. MSI still not sure happened but has been corrected . ........ 4. 8/7/03 —Posted accounts payable invoices and printed distribution journal only.....„.................... showed debits and no credits. Had MSI cancel the batch and start over. ............ ....... ........ There will be I'm sure more problems, but with the audit not being complete, there are no beginning numbers in the new software so no reconciliation's can be done until audit figures are in place. Not sure when that will be. : COUFIIIENTIAL . py MSI CONCERNS When closing accounts the meter location does not carry over to the new account. Still running across bill-to addresses that are missing from the program which has caused extra work and postage for rebilling. Validation run for Direct Debit not working nor could I get the DD updated into the accounts last billing period. I manually entered the payments in. The history of meter reads are not shown in the program. When residents inquire about their account there is no history except the financial history report which shows only financial history. MSI loads all accounts to the hand-held reader causing confusion for the meter readers listing an account that does not have water service. On the cash receipt entry report the balance due or overpayment credit should be listed on the report. For meter information the meter number, MXU#, and any channel or port number must be looked up on two different screens. This should all be available on one screen. Closing accounts involves several screens to close the account. Takes way too much time. Should all be able to be done on one screen. Each account should be accessible through one screen. UB screens are not clear-carrying over from previous look-up. Not calculating amounts properly S/B 2.10 for 7 days sewer charge will print 2.09. Close date of account does not show up anywhere in account. Fine print S/B a larger font very hard to read. Balance due amounts are not correct when entering payments at cash drawer. Ran meter inventory report— shows incorrect address and meter type. Hand held pulling information from address field displayed in name field in HH. Billing dates for new accounts are not shown as start date on bills. Name look-up screen has names chopped up. Cannot use name look-up to look up accounts. \I E ft • iarettipd b).+4 , • • _ - _ THE UNITED CITY OF V . _ _ _ VILLE cr) "A Citarcleter Counts Cominunity" cro4 CO z (3 lii IL a_ 6. PROJECT FINANCIAL TRACKING WORKSHEET A PROJECT 8 DEVELOPER LOCATION PROJECT.SIZE CONCEPT ANNEX. REZONE PRELIM.PLAN P.U.D. ADMIN FEE FINAL PLAT ENG REVIEW EEI DEPOSIT LGL DEPOSIT FLOOD STUDY MISC.FEES COMMENTS/STATUS 1 Amurol 2800 N.Rte 47 commercial development $1,858.90 $1,327.79 parking lot 1 ., ;'. 2 Bowman Prop.,Inland(Ravine Woods A7$Hint 18 lots on 32acress. $250:00 - 1.5 mile review approved r `2' P L Hilltop ` 3 Bristol Club:Lay-Com Galena&Cannonball 104 sfd $1,746.50 $200.00 $500.00 $9,482.50 $5,000.00 Preliminary Plan pending County review 3 . 5 0.0 $5,000.00i Pa r t d .:. � .. � : . �� :':. _ 85.29b aches . ....__- ' . � $500.00 0 D . :. - '-.- :' ':' Ir1v::10k not rod due � " �• � _. Prelim. 1 FUD Review;8/12 CityCouncil 4 Caledonia).Inland N/W of IBC , Cres i $ $22,700t, 4; 5 Cannonball Run Plaza:Jim Ratos S/E side 34&CannonBall 8 commercial lots 5 KarrProperty .. : . . . ro 11/ /0 it -,6 Carrvitla KuA and Pat Ka Nof 71,Hilltop 8 Win . 9;24 saes� - -. $250.t)D i �:, � :• _ ' _ Approved 12/2 Cit),Council 6. 7 Cimarron Ridge:Conover Bldrs. Sof 34,E of Cannonball 29 sfd,42 dup.,9.9 A comm. 81%built out 7 ' :,.'.8-Co u tHfils:Dennisenns.Dwyer SNY comer 714126 . 84std , " $27,687.52 Ph2'$500.00 80%built out 8, ..: 9 Deere Crossing:B&B Land Developm't Aments/Immanuel 18 lots on 37 acres 1.5 mile review approved 9 '. .... ; ; . .. ;., . $500.00Count Subdivision 101 10 Fields of Farm Colony:Inland 71 8 Hilltop 160 lots on 281 acres ' y d s 11 Fifth Third Bank-Tucker 34&Marketplace Rte 34&Marketplace Development Agreement stage 11 ... 0. 0 $10,500.00 5K:flow meter Annex,Zone,PUD,12 Fisher PropertyiTBD.lGmball 300a N/W corner Faxon&C'Bali .COUNTY-405 sfd on 308 Acres i $500.00 $3;200.00 $250.00 $500.00 s $500.00 $20,000.00: $5;00 0 U Prelim.Plat, 12 - Fisher Property Line 2 . - • `.: -, - - . _ :8/12 City Council,8/13 Plan Commission 13 Foxfield's 2nd Add.:Barry Niles Teri Ln.Cul de Sac 3.44 acres,R-2 Zoned 13 F - 0. 0 $500.00 $40,025.02 i 14 Fox Highlands:Frontier Land Grp. Sof 71,E of 47= 33 sfd,t34 town.,6 duplexes $2950.Ann ex&Rezone _$5D D ' $500.00 1 s$11,050;00 $5,000.00 !33%bu tt out' 14 15 Fox Hill:Dresden S of 34,E of Eldemain 222 sfd,144 town.,32 duplexes - *billed hourly* U4,U6$500 Ea 82%built out 15 16 Fox HiII:DC7,Unit 7 _ blued hourly $500;D0 $5,000.00 Final Plat;9/10 Plan Comm for entrance redesign !$, 17 Fox Hill:Primus,Unit 5 'billed hourly' $500.00 $2,390.00 86%built out 17 .. ... t' n Inspection Fox Mit[Landing:JCPC Corp.;,. Hydraulic&Mill 20 midentlal units $T;074.25 $1,000.00 $1686.64 Inspection Fee paid 1 /15!02 Admi , Fees qua prior to c.o. 18 19 Fox River Bluffs:Inland Fox&Highpornt COUNTY-141 sfd,302.6 Acres $250.00 Concept.1.5 mi review approved;Annex&Rezone 19 MPI. 1 27. ' ` '. 500.00 ' . 535k waters xemm�ts/$24.6k Traffic Stud Annex,Rezone approved 7/22i1 nil 20 Grande Reserve. 1 3 acres R.R.&Kennedy '1324 sfd,394 dup.,632t.h.,300 apts $11,473.00 : $ J $30,000.00 $15,000.00 mwn yPPro City c 20 , . - is o S p ,. . � .. ,. ::: .,..r...: .. '.: -.. _, ,..-i-";•..... " .._` ..:. , ,; .. Water ]005 Sad.Permit Grande Reserve,LIne.Z - . . < .. - ., .. __ - _ � ..- _ ��' � �'atazx Fwc�mpacUEtook $ it 21 Greenbrier:Ron Wehrli Develop. W of Bridge,N of G'Briar 152 sfd,9 duplexes Ph 4$471.36 $500.00 Ph 4$336.68 95%built out 21{ 22 Heartland Circle Sof Heartland Sub 250 sfd on 129.6 acres $1,280.00 - $500.00 $92,345.77 . $8,200.00 $5,000.00 $1100 Soil Pmt,Deposit;$270 TrafficStudy Final Plat APPrii 3/27/03ndin Eng.Accept. 22 Pe 9 9 23 Heartland Professional Building Farmstead&Rt 34 Final Plat approved 7/22 City Council 23 i24 lan u 1' •on- --'-'' ' _., : . ; - .. :. $500.00k:U ... 3.k h159% ill �4'. Heart d S iw hs, Sot34,-E of McHugh 186 std _.; = $250.00 > $500.00 = > s34 1,$z uz,a Ph ,2,3$500ea is $4590 Unit"! � built out`- 2,, 25 Hopkin's Corner(Morrissey) 37.4 acres N/W corner 47&Greenbr Rd 87 townhomes $570.00 $500.00 $500.00 $2,000.00 $5,000.00 Annex,Zoning,PUD approved 7/22 C.Council 25 -,..26 Inland Office Building;Inland , 34&Marketplace. ' . _ ..- , �. :. _. • �' � ! ..$500.00 $400.00 ,. 26 27 Kendall County Special Ed.Co-op Lot 3,201 Garden Circle $4,316.34 I $3,038.10 27 `2&Kylyn's Crossing(Cannonball Hill) � E of 47,S of CBall Trail ; _ _ $360.00 $500.00 � �, -- ' $500.00 - 28~ 29 Kylyn's Crossing West:(CanEst)AMG N of 34,W of C'Ball Trl 111 sfd $15,253.45 $500.00 - $5,000.00 92%built out 29, -.--134 , • :: H m - ,,... . ._. .. ..:: 'I 7- :Ui W! Recapture 3W a .r.,: :.... 3D Kyfyn s Ridge.AMG o es Y✓of Kylyn s Cr.West 13d sfd on acres $500:00 $963.13' $500.00 26731.97 Unit 1 i $500.00 $19,094 Unit 1 $10,000.00` $5,000.00 $8,835.00. $200 Sat,Sed.Pmts 0 ,2l$42, 35 S $513 ether Siren Fee Duel Fine]Plat Phi appy. 30 31 Laniosz Garden Center:Dan Laniosz 10701 Rte 71 $250.00 1.5 mile review approved 31 321Lo Destro Dental Center .8 acres " 803 N.'Bridge ' House demo,new office bufding - . $200.00 ' " _ ." $352.41 $1,000.00 32 33 Longford Lakes:Montalbano Homes W of Landmark,S of McHugh 11 bldgs,62 apts on 13 6 acres $10,897.42 $500.00 $2,432.50 $5,000.00 $9300 Dev.Fee:62 Units x$150 each Final Plat approved 33 34 Maple Grove Sub.:Ron Tucek -S of Legion,'W side Highpt 30 lots on 51.2 acres- .:. --. $250.00 = . , 1.5 mile review approved 134' 35 Menards.Menard,Inc. E of 47,N of Countryside commercial development $151,912.60 waived $5,000.00 Complete 35 •36 MenardsResidential:Menard T o . 0.00. . Annex, a r 7- uncle; , 36 Inc. E of 4,S ofCountryside 142.2 acres:174 sfd,268 mfd $50D.OD $885.00 $887.00 $500 $5,000.00PUD ppr. 22 C Co Menards Residential Line 2 ' . ,. . ". ', _ ?C Prelim Plan,Final Flat 6/28 Plan'Council - �, 37 Northgate:Inland 86 acres N/E corner 47 8 Galena 59 town,184 mfd,32 A.comm. $1,060.00 $500.00 $4,450.00 $5,000.00 Annex/PUD approved 9/24/02 City Council 37 38 Prairie Gardens:Windham Ho ` :I : 50%built8:. Homes 24.2A 'VU of 4Z,Eof G'Briar Serb. 56 sfd.6 Commeraal $433.80' -'$20090 $500.00 $500.00 $23,618.08 $500.00 $2,919.00 $5,000.00 out• 3 t 39 Pride Pantry N Bridge 8 Main service station WITHDRAWN 39 .,40RamtreeValtage.VyndtamDeerpoit '` East of Fox Highlands 'd404std,238dup.,320acres ,..., .- :' $500.00 "- $500.00 -$500:00 $11,050.00 $11,050.00 $5,000.00 . c: $24kwater system/$96kHyd.Interceptor Rd Flat Unit 1 approved 7/22 City Council 40 Raintree Village Line 2 1 - - - $100 Soil&Sediment Pmt,$1k Soil,Sed.deposit Amend Annexation 8 PUD Agreements 41 Reserve at Fox River Apts'PRS Constr. N of MktPlac/McHugh Inter. 132 apts $21,615.99 due $15,119.75 due $5k Sanitary Flow Meters Deposit Final Plat Review;no longer Brisben 41 4River's Edge:S&K Development 'N of Fox,N 8 Sof R.R. ' :166 std $1,164-00 $200.00 , $500.00 $500.00 $73,031.14 Ph.2$500.00 $4,731.91 $5,000.00 42%built out 42 43 Rose Hill'Property Concepts 98 Ac N/W corner Hilltop,Minkler COUNTY-57 units on 98 acres $250.00 1.5 mile review approved 43 44 Runge Prop.(Inland):Mid America Bldg - 47$30 " ..150 acres commercial... weaved 1 ` Concept Plan,review fees waived per Art. 44 45 Savitski Site:Savitski N/E corner 34&Eldemain �y �_> $508.00 45 46 Suburban Terrace Apts:Pelmet Trust 34&McHugh - _ ; ... . . ', .. . ' _ ;.,' 46: 47 Sunflower Estates Unit 1:Inland W of 47,Sot G'Briar Rd. 117 sfd total $10,758.25 '. $35,826.21:Ph.1,2 W/S Recapture Protect totals 50%built out 47 18 Sunflower Estates Unit 2:Inland - ' 117 sfd total $18,841.58. $500.00 48 19 Sunflower Estates Un J.inland 117 sfd total $9,903.43 $500.00 $2,664.50 River Xing:$10237.50;W.!S Reca:$17839.22 49 io Town Crossing`Reha ina e 3 ner34 8,C'Ball'In - '. $1,491.43 ' $1,200.00 ' $2,500.00 County Reca:$2173.55;Can.Trl Renal$2619.41 50. - Jennifer Woodrick August 6, 2003 W PROJECT FINANCIAL TRACKING WORKSHEET I PROJECT&DEVELOPER PROJECT SIZE CONCEPT ANNEX. REZONE PRELIM.PLAN P.U.D. ADMIN FEE FINAL PLAT ENG REVIEW EEI DEPOSIT LGL DEPOSIT FLOOD STUDY MISC.FEES COMMENTS/STATUS 51 Valentine Prop.:Chris Valentine Cannonball&Oak,S of R.R. Rental Center,total 16 acres waived waived waive Annex,Lgl.Deposit,Site Plan Pending 51 ,. " Refund of Dev.Deposit 12/10/02 52` : ,.., _ , .. : . ,: A mer 34&47 s. =commercial ileus menu $1,491.43 $1,040.00 $2,500.00 _ 52 Waigraens.G&H Developers .. SNU co _ development,' >. 53 Wendy's 47&Marketview commercial development Complete 53 a. :: .1 .: ;: Prelim Plan; 54 _ .. '$10,004.00: $51000.00 .,: . "$25,000.00 ", >.. :" 4 Westbu- Village:Ocean.Atlanttc<30Q A W of 47, of Comets" 337 sfd.585 mfd:20 acres Comm. $500.00 $780.00 $3,150.00 ?-. $500.00 ,: >.. � Annexl PUD/ 5 ry, 9 ,. • -,-.:.:WestburylhAageLine2 --... :,::. .. ." •- ": -" ,' "" -' - - 8112 City CnUncil,8/14 Plan Council . - i 55 White Oaks:Crestview Builders N of Fox,8 of River's Edge 82-87 sfd Ph4$7413.49 95%built out 55 ,.:,, ' . 90%built out ' ' 56 Wildwood:Fox Valley Farms P.aRn. f ... N of 71,E of 47'%:� ' "-.� � � 37 sfd- � �_ 57 Windett Ridge-Wiseman Hughes 47&Legion 163 acres:283 sfd,5.5 acres Comm. $500.00 $500.00 $500.00 $20,000.00 $5,000.00 $1100 Soil/Sed Pmt,Deposit,$42k Hyd Ave Interceptor Final Plat,8/13 Plan Commission 57 58 Woodworth Estates:Woodwartfi'Dev; East Main-Street :.. - $500.00 $2,000.00 _ 59 YBC Unit 1:Inland W of 47,N of R.R. $2,385.00 $500.00 $2,109.00 $2,500.00 Complete 59 .. -,,. , — - 0%buircdut 60 fi0 Y8C Unit 7:inland $2,806.50' .$500:00" $2,040.50 1 . 61 YBC Unit 3:Inland $500.00 $3,042.50 10%built out 61 1,.52 YMPtJewel:Tucker Development; - , S 0134,W of Marketplace' commercial development $500.00 $34,836.26 $800.00 . _ $5,000.001 Phase I Complete 62' 63 York Meadows Apts.York Meadows W of 47,S of B'Berry Creek 96 apts $5,130.42 $2,100.00 $2,500.00 Built Out 63 - < , _« Annexation,Zoning:9/10 Plan Commission 64 "64 Yorkville Hill Lanoscapmg• � - Ortega,Barajas" ,.- ° ., WatvFr3 , - - __- 65 Yorkville National Bank S/W corner 47&Countryside Countryside Facility ` $2,500.00 $250 Special Use= . " PUO;8/12 C.Council Public Hearing 66 S6 Yorkville Senior ApIs:New Directions '.'. _S/W corner 47&G$nar 3.48: acres +.. ` '" $250.00. _$2,500.00 *Reserve at the Fox River Apts will not be charged a final plat fee, as this is not a subdivision.There are plat of easements only for this development. "Fox Hill refused the upfront Administration Fee;preferred to be billed hourly for Engineering Services. "'Annexation waived per Dan Kramer(Liz),a legal/planner deposit will be charged. AdOD Jennifer Woodrick August 6, 2003 UNITED CITY OF YORKVILLE From the Desk of Jackie Jffifiscfieuoki City Clerk August 11, 2003 To: Alderwoman Rose Re: Minute Takers Rose, As we discussed on Friday,August 8,2003, Cindy Green has asked to be replaced as a minute taker and Theresa Brady has asked for fewer meetings. I am currently in need of at least two minute takers. I have run an advertisement in the Record in the past as well as posting the job with Waubansee College's job referral service to no avail. I saw that retaining a service was discussed at a previous Administration Committee meeting so I thought maybe this could be discussed further. I have called a few communities regarding their minute taking procedures and found the following: • Plainfield—They have a full-time City Clerk and Deputy Clerk who do meeting minutes. They do use a service for their Plan Commission meetings but said it is very costly. • Oswego—They have a full-time City Clerk who does the Council meetings and then city employees to do all the other minutes. They are compensated either with comp time or overtime for the evening meetings and then type the minutes while on the job. • Plano—They have a full-time City Clerk/Collector who takes minutes for the Council and COW meetings. The aldermen take minutes of the committee meetings. They have a recording secretary that takes minutes for the Plan Commission and ZBA meetings. She also does minutes for Oswego. • Elburn—Their part-time Village Clerk does all the meetings which consist of 2 Village Board meetings,two COW's and 2 Plan Commission meetings. They do not have sub-committee meetings; all business is discussed at the COW. • Naperville—All Board's and Commission's have a member responsible for minutes. The Plan Commission meetings are covered by a staff member,the Plan Commission Secretary. • Winfield—The Village Clerk covers the Village Board meetings,Plan Commission is covered by the Development Director and the Assistant Village Manager covers all other meetings. • Geneva-The part-time City Clerk covers City Council; the COW is shared by the City Clerk and the City's Executive Secretary who is either paid overtime or takes time off earlier in the day of the meeting. The Plan Commission is covered by the City Planner. They also use a service, Weilandt Legal for other meetings. w • I contacted Celeste Weilandt of Weilandt Legal. She charges $30.00/hour for both meeting and transcription time. Any meeting that runs longer than 10:00 P.M., she charges time-and-a-half for that portion. However, she is already committed to the City of Geneva for the nights we would need her. I also have information from Karick and Associates, Inc. of Algonquin who provide professional recording secretaries (the firm Plainfield uses). They charge $30.00/hour(including travel time); $4.00/page of typed minutes and a $5.00/page fee for the first of minutes to establish setup. The United City of Yorkville currently pays its minute takers $30.00/meeting up to two hours, $12.50/hour for any additional time over two hours and$10.00/hour transcription time. Another idea that has been discussed with me is having the department heads tape the meetings and take notes and then have their secretaries/assistants type the minutes. Recently, Chief Martin and Deputy Clerk D'Anna did this when a minute taker failed to attend the Public Safety Committee meeting. Also suggested was contacting recent applicants to the city to see if they would be interested in this type of employment. It seems some of the communities I spoke to use this system. I would appreciate if you could please discuss this at an Administration Committee meeting. Any input from the Council regarding the direction they would like to take would be appreciated. Thanks, ./ I L J Jackie cc: Mayor Prochaska City Council Administrator Graff 8/7/2003 United City of Yorkville - Furniture Bid Comparison y Qt Rakow Per Rakow Price Indoff Per Indoff Price ; Boise Per Boise Price Desired Unit I Ex . Unit 'Ext. Unit Ex . Product Pg Description Colors Location 1 t t Bookcases 3 1871 19711800 Series Laminate Bookcase 2-shelf 36w x 11.5d x 29 7/8h 'M Council $57.69 $173.07, $60.25 $180.751 , $61.601 $184.80 1 1874 197 1870 Series Laminate Bookcase 4-shelf-36"w x 11 1/2"d x 483/4"h N Mayor/Admin/Fin/Fin ` $82.59 $88.19 $82.59 $86.25 $86.25 $88.19 x h 11 $ 6 1875 197'1800 Series Laminate Bookcase 5-shelf 36w x 11.5d x 60 1/8h 3N 1M 2-J Dir/Clk/G $95.041 $570.241 $99.25', $595.50 $101.49 $608.94 2 11877 197:1870 Series Laminate Bookcase 6-shelf- 36"w x 11 1/2"d x 84"h 'N Lieutenant _ j $124.09 $248.18 $132.51 $265.02 _- - $259.20, - � - - - - 1 - - - - � 129.60 Chairs 1 High - $159.55, 1 2090 Series Pillow-Soft Executive Hi h Back Chair I BW69 I'Lieutenant $149.40,: $149.401 $156.00 $156.00 $159.55 y Ma or/Admin/Fm 1 12091 160 _ 3 2091 160 2090 Series Pillow-Soft Executive High Back Chair Ti SR11 Dir $178.45 $535.351 $478.65 3 2093 160'2090 Series Pillow Soft Guest Sled Base BW69 'Lieutenant 109.981 $329.94' $1184.85 117.44 559.50 159.55 - -=- - � ' $352.32 Mayor/Admin/Fin $1,376.10 g p $1,288.62, 1,345.50. $152.901, 9 '.2304 165 Guest Chairs, Le Base, Open Wood Arms AB-12 Dir $143.18, $149.50. 35 4001 161,Executive High Back Chairs with LoopArms AQ92 Admin-Lower $105.83 $3,867.50 $113.01 $3,955.35 --- - __ 1 Ring, Rest --- � - _ 1 _ 2 .5905 164 Swivel Stool, Adjustable Foot Pneumatic, Arm RAQ92 Lower Level D,F $103.75 $207.50, $108.351_ $11.0.80' j_ g $3,704.05 $110.50 � $221.60 161 '6000 Series Sensible SeatingExecutive High-Back BB90 ,Sergeants $199.20' $2,496.001 .7 12 6003, ' - - --- -- - - $2,390.40 $208.00, $480.00, $5,760.00 6000 Series Sensible-SeatingExecutive High-Back AB10 Sergeants $182.601 $913.00 $190.70! $440.00 $2,200.00 g g _ q g $953.50 12 6005 161Seating - - - 6. 5 6003 161 6000 Series Sensible Managerial Mid Back AB10 'Squad Room $173.89 $2,086.68r $198.05 $2,376.60 $185.69', $2,228.28 5 7703 164 7700 Series Task Chair BR19 PD-Front Office $128.65' $643.251 $134.35'' $671.75 $137.39T $686.95 r 7800 Series Guest Cantilever Base BB90 'Lower Level $106.66 $213.32 $227.80 2 7806 163 $111.40 _ $222.80 $113.90 1 8 7906 164 Guest Cantilever Base Chair, Armless AQ92 B,C,E,G $64.74 $517.92 $67.60' $540.80 $69.14''' $553.12 Desks-Pedestals 1 10502 60'Floorstanding Full Height Pedestal B/B/F 15 5/8"w x 22_3_/4"d x 28"h NN -Fin Dir - $165.59 -$165.59' $176.83y - $1 . $172.90 $172.90' $176.83 Lieutenant $165.59! $172.90 $345.80 $176.83'! $353.66 --- i - + - --� - 2 10504 60,10500 Series Full Height Pedestals file/file N $331.18', 8 105102 59 Mobile Full Height Ped B/B/F 15 3/4w x 22 3/4d x 28h !J - FL A, B, C, D, E, $198.79 $1,590.32 $207.601 $1,660.80 $212.28 - 9 $1,698.24 8 18730N 64 Flagship Series Pedestal "N" Pull Mobil B/B/F 30d Q ALL-Ins ectors $161.44 $168.60 $1,379.20 d - -- -- g - --- -� 6666 - -_ - _ _ __ $156.46j- -- - r -- - $653.60 $167.08,- --_ - 9_ PP $1,29152' $1,348.80 $172.40 4 18823K 64',Flagship Pedestals Mobile Pedestal (file/file) 28"h x 15"w x 22 7/8"d 'S 'PD-Front Office $625.84 $163.40, $668.32 I 1 - I Desks-Credenzas, Bridges, Returns, Shells 1 10541 60 10500 Series Credenza Shell -24"d x 29 1/2"h x 72"w _ N_ Lieutenant $165.59I1 $165.59, $172.901 $172.90 $176.83' $176.83 1 110560 - - 59 - - - - - - � -- - �6666- - � 6666 ---�-- - $78.02,. - --�--- g $83.32 $83.32 ( � Po4) $157.30 1 10564 60,Credenza rSh 11 Bridge between desk and wall JJ LLD Dir _ $150.65''' _ $1.50.65' $157.301 157.30 $160.87 $160.87 8150 _ Double -- 1 6466 = 2 10593 58;10500 Series Pedestal Desk 72w x 36d x 29.5h JJ I�LL-F _ $323.291 $646.58' _ $675.20 $345.24 $690.48 Brig ' - i y 2 94270 61 94000 Series Bridge 24 d x 48 w NN Admin/Ma or $180.11 $360.22 $188.10' 1 $192.34, $384.68 $376.20 - - - -- - - - - - .- ' 9. - , _ $244.50 $83.32 $249.96 3 105811 5910500 Series Corner Unit 24x36x36x24x29.5h JJ LL-A, B, C ' $173.89, $521.67, $181.601 6666- - --- - --- - 5 ' 234.06 i 81 50 y 10500 SeriesBridge w x x - - - - � -- -6666 -- __ $544.80, '- $185.69,-- $557.07 g - � Dep Clk/Sect/ i � $396.10 � $405.06 2 ,10511 R 58 10500 Series Right Return (box/file) 42'w x 24"d x 29 1/2"h h S i PD-Front Office I $189.66 $379.32� $198.05 I $202.53 $758.64 $198.05' _ $2.0__2.531 $810.12 3 10515R 58,10500 Series Right Return (box/file)-48"w x 24"d x 29 1/2"h 11-MM 2-JJ Clk, LL-C,E I $194.64, $583.92' $203.25, $609.75 410512E 58 10500 Series Left Return 29 1/2 h x 42 w x_2_4 d MM 2 Rec t $189.66 $792.20 g $207.85', $623.55 8/7/20031 United City of Yorkville - Furniture Bid Comparison Qty 11 Rakow Per Rakow Price Indoff Per 1Indoff Price Boise Per Boise Price Desired !Product Pg Description Colors 'Location Unit 'Ext. Unit Ext. Unit 11 Ext. 3 10516E j 581:10500 Series Left Return_29.5h x 48w x 24d JJ LL-A, B, Recpt. $194.64'1 $583.92 $203.25, $609.75 $207.85 $623.55 -- i + I $265.47' $530.94 2 10525R 591 P-Shaped Peninsula w/End Panel 72w x 36d x 29.5h Right 1-JJ 1-NN Fin Dir, LL-C + $248.59' 5 $497.18 $259.60 $519.201 _ _ -- __ -_ $745.77 $259.60 $265.471 $796.41 2 105815R 59' p Right 1 $276.90 $553.80 3 10526L 59 P-Shaped ed Peninsula w/ End Panel 72w x 36d x 29.5h Left JJ LL A, B, G $248.591 - Extended Corner Unit 24w x 36d x 72w x 24d x 29.5h JJ LL-D, G $265.19 $530.38 77 8 1 $283.191 $566.38 3 105816E 59 Extended Corner Unit 24w x 36d x 72w x 24d x 29.5h Left 2 JJ 1-NN Fin Dir, LL-D, E $265.19 _ _ j $849.57 -_- _ $795.57 $2"�6 90, $830.70 g 2 _ - (2)- p $254.39 R -_- - _. __ _- �� - ___ __- $254.3.9 $763.17 32 10584L 58 58 10500 Series Single Pedestal (box/file)Desksl _ 66"w x 30"d x 29 1/2"h S 1-JJ 2-MM PD-Front Office I $238.21 $476.421 $248.751 $497.50 _- _ $254.39 i $508.78 Single 2 10585R 58 - - r �-- - - - - IS _ -'�Dep Clk/Recpt $272.66' $545.32 4__ _ $284.70 4 I -_- -T $582.34 10500 Serres Single Pedestal Desks Right 72w x 36d x 29.5h $284.70 $291.17', 1 $272.66 $284.70 $291.17 10586L 591'38000 Series Left Return Pedestal/0 48w x 24d x 29.5h 36D x 29.5h MLi Acct Clk $202.52' 1 38216LT �- g $202.52 $211.501 $211.50 $216.27 g (box/file) 9 $216.27 1 $336.57' $351.45 $351.45 $359.42� $359.42 38293R 94000 Series Left Return 2/0 -48"w x 24"d x 29 1/2"h N -Lieutenant - $314.99 38000 Series Right Pedestal Desks 0/2 72w x 36d x 29.5h 'ML Acct Clk 336.57 94216L 1 $314.99' $328.90L $328.901 $336.37 $336.37 161 ' Series -f Admin/Mayor/ $479.70 $490.60 $981.20 194000 Credenza w/ Lateral Left 24D x 48W NN Admin/Mayor $454.01 2 94248E I 61 -_ - _ $908.02 $959.40 3 94285R 61 94000 Right Pedestal Desks-0/2 72"w x 30"d x 29 1/2"h NLieutenant $485.14' $1,455.42 $506.60' $1,519.80 $518.08 $1,554.24 Metro Classic Return Right 0/2 box/file 42"w x 24"d x 29 1/2"h Q Sergeants $141.10 $147.35 $150.68 $150.68 �- - ---- - - --_- - _ - � g _ - $141.10, $147.3 . 2 - -- $ 1 P3266L 70 Metro Classic Left Pedestal Desk 2/0 (box/file)- 66"w x 30"d x 291/2"h Q Sergeants $225.76, $225.76 $235.75; _ $235.75 _ $241.09 $241.09 __Metro Classic Double Pedestal Desk 2/2(box/file) 72"w x 36"d x 29 1/2'h Q Sergeants $300.88' $1,203 52', $1,285.24 $314.20 $1,256.80 T $321.31 11 4 P3276 70 -- - - - - -- - Desks-Accessories 1 4022 73 Keyboard Platforms Veneer 21.5w x 10.23d JLL $54.78 $58.50 $58.50 - 1 rontOfce, 5 _ - Series Stack-on Storage- x 37 x 72"w - - lieutenant, enant, LL-D253.98 1' � $265.20 $1,326.00 $271.231 $1,356.15 T - T $88 40 2 1 38248 63 3800 Series Flipper Doors- 16"h w/locks- 2@33"w Q Sergeants $88.40 . 0 $92.30 $94.40 $94.40 2 90056 59 Tackboards 'PD-Front Office $53.541 $107.08 $57.17 $114.34 g - $55.90 $111.80 4 105323 59 Stack on Storage 48w x 24 5/8d x 37 1/8h JJ LL A, B, C E $207.09 $828.36 $865.00' $884.60 - $221.15 -24 - $248.18, $259.20, 2- 2 105520 59 $129.60 $259 20, $265.02 __-� ', 10500 Series End Cap Bookshelf/Organizer-24w x 24d x 29.5h - ,2-JJ LL-B, E $124.09 - _ - _ _ - - _- --.- _ - -T - $132.51 --- 1 105523 59 f E p - 1 -- -_T - 1 $107.90 $110.35' $110.35 P 9 $103.34' Top al o En Cap r anizers 5w x 15d x 37.125h JJ LL-B 103.34 107.90 - - --_ -_-_ 2 105856 59',Back Enclosure for Stack On Storage S PD-Front Office $58.93_' $117.861 $61.55 $123.101 _ $125.86 g $62.93 1 38243N 63 38000 Series Stack-on Storage w/out doors- 36 1/2"h x 13 1/2"d x 66"w Q Sergeants $154.38'; $154.38 $161.20 $161.20 $164.86 $164.86 Filing Cabinets -7 - 1 94223 _ 61 94000 Series Lateral File 2-drawer N Lieutenants $331.59 $331.59,' 4 $346.25 $354.10 $354.10 ------ -- -- $346 25' 6 313CP 195 310 Series Vertical File 3 Drawer Legal Size w/lock LClk $134.05' $804.30 $140.00' $840.001, $143.15 $858.90 5 314c ' -- - ock _L LL File Room $141.93 $709.651 p 195310 Series Vertical File 4 Drawer Legal sizewx/l $148.20 $741 00 $151.57 $757.85 4 314P 195 _Sergeants $494.68 $129.151 $516.60_ $132.07'' $528.28 Vertical I File 4-drawer-2 1 'd x "h r n e a a 6 /2 52 Q Se ea is 123.67 . PD-Front $914.28 - - -- - --- -- --- ''--- - $894.00 -_ $856.15 �5 P _ 196 Flamesafe Files 4-drawer legal _52 1/8" h L Clk 856.15 894.00 $914.28 7 4 54P 196 Flamesafe Files 4-drawer letter-52 1/8" h 2-P 2-LOffice,Clk $839.13' $3,356.52 $876.20' $3,504.80 $896.11 $3,584.44 - - 1 7868W Ma line Rush Base for 30 x 4.2"size file Sand Beige LL-File_ _Room_ _ I $117.60 $117.60 $101.00; $91.82 T - - - - $1,126.00 $3,378.00 $91.823 - --- _ - - - -- - - - 101.00 3 7978C Ma line Ten Drawer File for 30x42 sheets Sand Beige $3,934.80', 1 $1,023.64 $3,070.92 y LL-File Room 1,311.60, 1 II II II 8/7/2003 - 1 i,,_ United City of_Yorkville - Furniture Bid Comparison II-_ Qty Rakow Per Rakow Price 1I Indoff Per Indoff Price Boise Per Boise Price 1 Desired I�Product .Pg Description Colors _LILI Location Unit Ext. Unit' Ext. Unit Ext. tConference Tables 1 -- -------__ _---1 1 81222 18 C finder Base for 42 Round Table J LLE $121.18': $121.181, $12.6.55 $129_.41 I $129.41 ved mina IJ 'LL-Conference $319.551 $319.55, $333.70 $333.70' -- I $341.251,. $341.25 1 BLCYO_2 219'18 Cylinder Base 2 N ,Admin/Mayor $134.46 $268.9211 _ 81226 Curved Base Kit 144E Laminate TopI � $129.60, $129.60 I ---- $132.51 $287.18 - n- 4. --1 $ i $-1 1 I BLS02 219�I Laminate Slab Base for_144"Top µN 'PD-Conference $124.091 $124.09 II $140.40 - 280 80 $132.51 I -- I'-'Lieutenant $ 1 $96.20' $98.3911 ---_-_-- � $92.13 1 �BLX02 - _ 219:Laminate Base for 48" Round Top_ 'N Lieutenant $92.13� $96 20; $98.39 - fi - + Tables - $140.001 __-- - _ r --- , '! $143.15 $143.15 $140 00, --- y 9 Drafting ,Gray $412.201 UTM3672 222 Utilit Table 36x72 J LL-C $134.05 $134.05'1 1 7734 Ma line 1 Ran er Steel Four Post Table 48 x 37.5 LL F $354.00 $354 OOj $412.201, $321.82 $321.82 Initiate Desk System for B8Z Inspectors - 1 4 H871260 ;1 91 ' 52.45' 209.80 y P - - $214.48 . Electrical Power_Harness 60W 3-1 & 2-2 Systems Inspectors $50.221., $200.88 $ - - $ � $53 62� 2 H871501 1 91 Dup lex Receptacle Circuit 1 3-1 &2-2 Systems Inspectors $7.89 $15.78 $825 $16.50 $8.42 $16.84- 2 H871502 91,Duplex Receptacle Circuit 2 3-1 &2-2 Systems Ins ectors $7.89 15.78 $8.25 $16.50 $8.42 $16.84 91 Duplex Receptacle Circuit 3 3-1 &2-2 Systems Inspectors $7.89 $31.56 $8.251 $33.00 , $8.42 $33.68 2 H8719112 91144" --- ;_- 9 9 _ _ $116.20', � $59.39 $118.78 4 - ck p on - - _ _ $331.95, Ceilin In-Feed Cable, Base Lon LL-Conference $55.61 $111.22 $58 10� -f ----_ 1 LA48144G 218 Racetrack Laminate Tops 144"1x48"w w/onegrommet N LL-Conference $297.56 $297.56 $331 95, $317.76 $317.76 : 11 LA48144G 218Racetrack Shaped Laminate Topw/ G Self Edge 144E x 48W PD-Conference $272.66' $272.66 $284.70 $284.70 $291.17 $291.17 Admin/Mayor/LL- 1 42" Round Laminate Top2-N 1-J E $101.68 $305.04 $106.20 $318.60+ $325.74 218 $108.581 1 - LD48G 218 $111.64 $116.60. $116.601 $119.22 1 Round Laminate To 48' dia 1 N 'Lieutenant $111.641 _ -- 90 Non Raceway Panel 42h x 36w ,TA38 - Inspectors _ $110.39! $117.891 $1 1 NP4236F $115.30 $117.89 $117.89 y - -- P $110.39 - $115.30 --- - 1 NP4260F 90 Non RacewayFabric Panel 42h x 60w TA38 Inspectors $142.76 $142.761 $149.10 $152.45' $152.45 P 1 $149.10 - 1 $116.60' $1,399.20 $119.22 $1,430.64 12 NP5530F 90 Non RacewayFabric Panel 55h x 30w TA38 Inspectors $111.64 $1,339.681 , ____ 2Power Pole 6'6" Inspectors $87.981 $175.961 NPP10 91 : - p $91.90 $183.80, $93.95 $187.90 4 NR5560F 90 -- Raceway Fabric Panel 55h 60w TA38 Inspectors $175.96 $703.84 _ $183 751 - - __- $187.91 $751.64 1 NRC42 90' - - ----- - -_ � -- - - - Raceway pe $28.641 $28.64 T ---_-_ - $29.90 $29.90 1 $30.58 $30.58 .Racewa Connector 42h Inspectors I,- - - - RacewayConnector 55h Inspectors $32.78' 6 NRC55 90, $34.251 $35.01 $210.06 1 NTW42 90 - p $26.15 Raceway Inspectors- � $196.68 1 $27.301 _ _ . _ - - - - -- - - - -_ r- - - -- - -- -- - __-205 50 -� $27.92 $27.92 - - ' Wall Starter 42H - _ - _ _ TA38 $26.15 $27.30 I 1 -_ _ 8 3060 W -- -- -- g 30d n p ct $976.081, $127.40' $1,019.20 $130_30 $1,042.40 Left Corner Cove Worksurface 60x36x24x24 Cl LL-H $149.40 _ WorksurFace Rectangular 60w G1 Inspectors $122.01 1 NWV73AALT $149.40 $156.35 $156.35' $159.55 $159.55 1 Wire Management Grommet $20.34 $20.34 Did Not Bid Did Not Bid Did Not Bid Did Not Bid 1- IWMK1 1 I $53,857.00 Items $58 755.60 - Items $52,168.11 Items ' 299 <---Total Number of Pieces Desired - -- -- I Installation $2,995.00 Installation $5,550.001 ns a a ion $3,900.00 I I Total Proposal 1 $55,163.11 Total Proposal $59,407.00 Total Proposal $62,655.60 .cEo Co). 8-7-03 BAO �Ar CITIZENS 4w , tE `�y,�o 1 City Council Mayor - City Clerk , Represents an unofficial subordinate Items in Blue are Appointed By the Mayor Parks Board Library Board City Attorney Code Official Library and Parks Board are Executive Director of' Appointed by Mayor-Directors of Parks and Recreation Director of Library Police Chief City Administrator Each Department Also Report Directly to the Mayor Parks and Recreation Library Flow Chart Police Department Department Flow Chart Flow Chart Deputy Clerk , Administrator's Assistant Janitor City Office City Receptionist Receptionist Secretary Assistant Collector PT PT PT FT PT PT Finance Director Public Works Director City Engineer Utility Billing Human Engineering Engineering Clerk Resources/ Technician Technician Accounting Water Dept. Street Dept. Sewer Dept. Parks Dept. Foreman Foreman Foreman Foreman Part Time Meter Maintenance 1 Maintenance\ Maintenance 5- Maintenance r Maintenance Athletic Field` Readers OperatorOperator Worker I Worker II Worker I Worker II Worker II Maintenance 1 Month Oryaniwt80m0[po®w mte o Admin om 8-7-03 BAO CITIZENS eo cr? '? ,,s "Represents General Fund Expenditures Only Imo::- ��a ,'' City Council Mayor City Clerk . (1)'s w/in 6 months I I I (2)'s w/in 12 months Police Department Parks and Recreation Library Administration Deputy Clerk (3)'s w/in 24 months Department City Administrator 3 Office Office Assistant Assistant n J ] i FT , ; PT nOffice ; PT-FT Community 2 Coordinator : Development I 1 li I 1 1 1 City City Receptionist Receptionist Marketing/ IT Tech/ Secretary Secretary Public Relations Communications FT I : PT-FT 21 2 FT PT-FT , ,. r Finance Director Public Works Director City Engineer Engineering 'I Assistant Finance Assistant Public Office Assistant ; n n Director I I Works Director Assistant City 1 I Engineer n , , I I t D Utility Billing Human Accounting City El I Dept, Facilities {' Clerk Resources Clerk Collector ` Foreman Manager . n Engineering Engineering Engineering [J 2 FT I I Technician Technician Technician I L f/ r `nIMaintenance Maintenance Maintenance Facilities Worker II Worker II Worker I Technician GRANDE RESERVE YEAR ONE BUDGET REQUESTS ADMINISTRATION ENGINEERING PARKS/RECS POLICE PUBLIC WORKS GRAND TOTAL 2 Police Officers Office Assistant Engineering Office Support w/uniforms equip & MW II (7 mos. STAFF (9 mos.) $24,750 Tech(3 mos.) $10,000 (7 mos. $27k) $15,750 training (7 mos.) $48,981 $40k) Streets $38,000 benefits $8,000 $2,000 $6,000 $12,000 $6,000 training $0 $0 $0 $9,500 $0 SS/IMRF $4,185 $1,691 $2,66. 3 $3,747 $6,426 Permit Clerk Land Developer MISC. Reimbursement $11,667 Fees $10,000 RESERVE $23,640 Legal Expenses $5,000 Totals a 72 242 13 691 4 $ $ $39,413 $7 228 $50,42611111$00000 GRANDE RESERVE YEAR ONE CAPITAL BUDGET REQUESTS ENGINEERING POLICE PUBLIC WORKS GRAND TOTAL Dump Truck w/ Pick up truck accessories- w/cap - to be ordered Needed in in Jan. 04- Spring 04 - (Reserve (Should have Ford Expedition - dollars in enough funds Needed in Winter 03 Capital in Engineering (to be reviewed at 6 Account for VEHICLES Capital) $20,000 mos. Budget) $47,856 next FY) $80,000 Mower- needed in Spring 04 - (Should have enough funds _ in PW Capital) $13,000 Totals $20,000 $47,856 $93,000116.6041:0054 DRAFT 8/12/2003 UNITED CITY OF YORKVILLE To: Tony Graff City Administr or From: Joe Wywrot, City Engineer Subject: Engineering Assistant Positio Date: August 12, 2003 I would like to advertise for the full-time Engineering Assistant position. The proposed salary range is $32,085 to $42,227 per year, which I feel is appropriate and in general agreement with other similar office staff positions. Please place this item on the Administration Committee agenda for consideration. > 1 UNITED CITY OF YORKVILLE SALARY SCHEDULES Corrected 3/25/03 2002-2003 2002-2003 PROPOSED Percent Difference Min. Max. Min. Max. Min. Max. City Administrator $63,135 $85,000 $76,004 $103,475 16.93% 17.85% City Engineer $55,890 $80,730 $59,760 $81,360 6.48% 0.77% Chief of Police $56,925 $80,730 $65,078 $84,035 12.53% 3.93% Finance Director $54,855 $77,625 $59,175 $80,563 7.30% 3.65% Director of Public Works $51,750 $69,345 $56,900 $73,660 9.05% 5.86% Executive Director- Parks & Rec $48,645 $66,240 $61,300 $83,457 20.64% 20.63% Superintendent of Recreation $42,106 $57,325 n/a n/a Recreation Supervisor $32,085 $49,680 $32,085 $49,680 0.00% 0.00% Engineering Tech $37,260 $51,750 $37,260 $51,750 0.00% 0.00% Administrative Support Staff $32,085 $46,575 $32,085 $42,227 0.00% -10.30% Receptionist/Assistant $20,800 $27,040 n/a n/a Police Office Supervisor $32,085 $46,575 $34,096 $46,575 5.90% 0.00% Utility Billing Clerk $26,910 $41,400 $26,910 $37,091 0.00% -11.62% General Support Staff $26,910 $41,400 $26,910 $41,400 0.00% 0.00% Accounting Clerk I $26,910 $41,400 $26,910 $37,979 0.00% -9.01% Accounting Clerk II $31,713 $43,175 n/a n/a Police Records Clerk $26,910 $41,400 $26,910 $35,538 0.00% -16.50% Maintenance Worker I $28,980 $40,365 $29,900 $40,365 3.08% 0.00% Maintenance Worker Il $34,155 $45,540 $34,155 $45,540 0.00% 0.00% Operator $39,330 $50,715 $39,330 $50,715 0.00% 0.00% Foreman (Street/Water/Park) $41,400 $53,820 $45,550 $58,000 _ 9.11% 7.21% Janitorial Tool Shop $23,805 $33,120 $23,805 $33,120 0.00% 0.00% Police Lieutenant $51,750 $69,345 $53,652 $69,806 3.55% 0.66% Police Sergeant $43,470 $60,030 $46,506 $60,030 6.53% 0.00% Police Officers $33,560 $41,449 The salary range is subject to review and can be modified annually by Mayc r & City Council. ,_ Annual Longevity Stipends will be made to all employees based upon the following chart: After 6 years but less than 9 years $750 After 9 years but less than 14 years $1,000 After 14 years but less than 20 years $1,250 After 20 years but less than 25 years $1,500 After 25 years $2,000 Educational Stipends will be paid for education in their related field over that required for entry level of that position as follows: Associate Degree or 60 credit hours 2% Bachelor's Degree 2% Master's Degree 2% This will be applicable only to 1 degree level beyond that necessary for entry level of that position except that all are eligible to earn up to the Bachelor Degree Level as outlined above (one time salary adjustment) 8/12/2003 DRAFT ((sot_ , ;2.x ,L 'bac"-4- ORDINANCE NO. AN ORDINANCE authorizing the issuance of Waterworks and Sewerage Revenue Bonds of the United City of Yorkville, Kendall County, Illinois, in an aggregate principal amount not to exceed or in lieu thereof, General Obligation Bonds (Alternate Revenue Source), in an aggregate principal amount not to exceed$ * * 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"); and WHEREAS, the City Council of the City (the "Corporate Authorities") has determined that it is advisable, necessary and in the best interests of the public health, safety and welfare to improve the System, including but not limited to water improvements for two existing wells consisting of treatment and improved water quality and pressure, and other system improvements, and engineering, legal, financial and administrative expenses related thereto (the "Project"), all in accordance with the estimate of costs therefor; and WHEREAS, the estimated cost of the construction and installation of the Project, including engineering, legal, financial, bond discount, printing and publication costs and other expenses is $7,900,000, 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 Project be undertaken and in order to finance the costs thereof it will be necessary for the City to issue up to $7,900,000 bonds payable from the revenues of the System as authorized to be issued at this time pursuant to Division 139 of Article 11 of the Code and Division 4 of Article 8 of the Code (the -9- "Revenue Bonds"), or in lieu thereof, up to $7,900,000 alternate bonds, being general obligation bonds payable from one or more of the following revenue sources (a) the revenues of the System, (b) all collections distributed to the Village pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (b) of Section 201 of the Illinois Income Tax Act, as supplemented and amended from time to time, or substitute taxes therefor as provided by the State of Illinois in the future, and (c) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose (the "Alternate Bonds"), as authorized to be issued at this time pursuant to the Local Government Debt Reform Act of the State of Illinois, as amended (the "Act"); and WHEREAS, if the above-mentioned revenue source is insufficient to pay the Alternate Bonds, ad valorem property taxes upon all taxable property in the City without limitation as to rate or amount are authorized to be extended to pay the principal of and interest on the Alternate Bonds: 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 Corporate Authorities hereby find 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 construct and pay for the Project 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 Division 139 of Article 11 of the Code, and that for such purpose, there are hereby authorized to be issued and sold the Revenue Bonds -10 in an aggregate principal amount not to exceed $7,900,000 or in lieu thereof, the Alternate Bonds in an aggregate principal amount not to exceed$7,900,000. 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 Corporate Authorities in the Kendall County Record, the same being a newspaper of general circulation in the City, and if no petition, signed by , electors, being equal to ten percent (10%) of the number of registered voters in the City, asking that the question of improving the System, as provided in this ordinance, and the issuance of the Revenue 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 Revenue Bonds shall be authorized to be issued. If no petition, signed by electors, the same being equal to the greater of (i) 7.5% of the registered voters in the City or (ii) 200 of those registered voters or 15% of those registered voters, whichever is less, asking that the issuance of the Alternate Bonds be submitted to referendum is filed with the City Clerk within thirty (30) days after the date of the publication of this ordinance and the Notice, then the Alternate Bonds shall be authorized to be issued. It is expressly provided that in the event that there shall be filed with the City Clerk in a timely manner a petition, asking that the issuance of the Revenue Bonds be submitted to referendum, the Alternate Bonds necessary for the Project shall not be authorized to be issued until such time as the question of improving the System, and the issuance of Revenue Bonds therefor shall have been submitted to the electors of the City and a majority of the votes cast on such question shall have been in favor thereof. Section 4. Additional Ordinances. If no petition meeting the requirements of applicable law is filed during the petition periods hereinabove referred to, then the Corporate -11- Authorities may adopt additional ordinances or proceedings supplementing or amending this ordinance providing for the issuance and sale of the Revenue Bonds or in lieu thereof, the Alternate Bonds, prescribing all the details of the Revenue Bonds or in lieu thereof, the Alternate Bonds, and providing for the collection, segregation and distribution of the revenues of the System, so long as the maximum amount of the Revenue Bonds or in lieu thereof, the Alternate Bonds, as set forth in this ordinance is not exceeded and there is no material change in the Project 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 Revenue Bonds or in lieu thereof, the Alternate 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. -l 2- 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 Corporate Authorities on the day of , 2003, pursuant to a roll call vote as follows: PAUL JAMES MARTY MUNNS RICHARD STICKA MIKE ANDERSON VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the day of , 2003. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the day of , 2003. Attest: CITY CLERK -13- Alderman moved and Alderman seconded the motion that said ordinance as presented 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 conducted, the Mayor directed 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: NAY: Whereupon the Mayor declared 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 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 "Council"). I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the meeting of the Council held on the day of , 2003, insofar as same relates to the adoption of Ordinance No. entitled: AN ORDINANCE authorizing the issuance of Waterworks and Sewerage Revenue Bonds of the United City of Yorkville, Kendall County, Illinois, in an aggregate principal amount not to exceed $7,900,000 or in lieu thereof, General Obligation Bonds (Alternate Revenue Source), in an aggregate principal amount not to exceed $7,900,000. 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 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 location where said meeting was held and at the principal office of the Council at least 48 hours in advance of the holding of said meeting, that said agenda contained a separate specific item concerning the proposed adoption of said ordinance, a true, correct and complete copy of the agenda as so posted being attached to this certificate as Exhibit A, that said meeting was called and held in strict accordance with the provisions of the Illinois Municipal Code, as amended, 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 Council has 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 _day of , 2003. City Clerk, United City of Yorkville, Kendall County, Illinois (SEAL) [Attach Agenda] PETITION—REVENUE 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, improve the waterworks and sewerage system of said City and issue Waterworks and Sewerage Revenue Bonds to the amount of $7,900,000 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 March 16, 2004 general primary election. NAME ADDRESS , United City of Yorkville, Kendall County, Illinois , United City of Yorkville, Kendall County, Illinois , United City of Yorkville, Kendall County, Illinois , United City of Yorkville, Kendall County, Illinois , United City of Yorkville, Kendall County, Illinois , United City of Yorkville, Kendall County, Illinois , United City of Yorkville, Kendall County, Illinois , United City of Yorkville, Kendall County, Illinois , United City of Yorkville, Kendall County, Illinois , United City of 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 , 2003. Notary Public My commission expires (NOTARY SEAL) PETITION—ALTERNATE REVENUE 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, issue its $7,900,000 general obligation alternate bonds for the purpose of improving its waterworks and sewerage system, said bonds being payable from one or more of the following revenue sources (a) the revenues of said system, (b) all collections distributed to the Village pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (b) of Section 201 of the Illinois Income Tax Act, as supplemented and amended from time to time, or substitute taxes therefor as provided by the State of Illinois in the future, and (c) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose unless said revenues and funds are insufficient to pay said bonds, in which case ad valorem property taxes upon all taxable property in said City without limitation as to rate or amount are authorized to be extended for such purpose?", 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 March 16, 2004 general primary election. NAME ADDRESS , United City of Yorkville, Kendall County, Illinois , United City of Yorkville, Kendall County, Illinois , United City of Yorkville, Kendall County, Illinois , United City of Yorkville, Kendall County, Illinois , United City of Yorkville, Kendall County, Illinois , United City of Yorkville, Kendall County,Illinois , United City of Yorkville, Kendall County, Illinois , United City of Yorkville, Kendall County, Illinois , United City of 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 , 2003. Notary Public My commission expires (NOTARY SEAL) ORDER 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 $7,900,000 General Obligation Bonds (Alternate Revenue Source). * * WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized and existing municipality created under the provisions of the laws of the State of Illinois, and is now operating under the provisions of the Illinois Municipal Code, and all laws amendatory thereof and supplementary thereto, including the Local Government Debt Reform Act of the State of Illinois, as amended; and WHEREAS, the City Council of the City (the "Council") intends to sell bonds in the amount of not to exceed $7,900,000 for waterworks and sewerage system improvement projects (the "Bonds"); and WHEREAS, the Bond Issue Notification Act of the State of Illinois, as amended, requires the Council to hold a public hearing concerning the Council's intent to sell the Bonds before adopting an ordinance providing for the sale of the Bonds: NOW, THEREFORE, Be It and It is Hereby Ordered by the undersigned Mayor of the United City of Yorkville, Kendall County, Illinois, as follows: 1. I hereby call a public hearing to be held at _ o'clock P.M. on the day of , 2003, in the City Council Chambers of the City Hall, located at 800 Game Farm Road, Yorkville, Illinois, in the City, concerning the Council's intent to sell the Bonds and to receive public comments regarding the proposal to sell the Bonds (the "Hearing"). 2. I hereby direct that the City Clerk of the City (the "City Clerk") shall (i) publish notice of the Hearing at least once in the Kendall County Record, the same being a newspaper of general circulation in the City, not less than 7 nor more than 30 days before the date of the 1546009.01.06 2110773/KK/8/12/03 Hearing and (ii) post at least 48 hours before the Hearing a copy of said notice at the principal office of the Council. 3. Notice of the Hearing shall appear above the name of the City Clerk and shall be in substantially the following form: -2- NOTICE OF PUBLIC HEARING CONCERNING THE INTENT OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS TO SELL NOT TO EXCEED$7,900,000 GENERAL OBLIGATION BONDS (ALTERNATE REVENUE SOURCE) PUBLIC NOTICE IS HEREBY GIVEN that the United City of Yorkville, Kendall County, Illinois (the "City"), will hold a public hearing on the day of , 2003, at o'clock P.M. The hearing will be held in the City Council Chambers of the City Hall, located at 800 Game Farm Road, Yorkville, Illinois. The purpose of the hearing will be to receive public comments on the proposal to sell bonds of the City in the amount of not to exceed $7,900,000 for waterworks and sewerage system improvement projects. By order of the Mayor of the United City of Yorkville, Kendall County, Illinois. DATED the day of , 2003. /s/ Jackie Milschewski City Clerk, United City of Yorkville, Kendall County, Illinois Notice to publisher: Please be certain that this notice appears above the name of the City Clerk. -3- M 4. At the Hearing the Council shall explain the reasons for the proposed bond issue and permit persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits. The Council shall not adopt an ordinance selling the Bonds for a period of seven (7) days after the final adjournment of the Hearing. Ordered this day of , 2003. Mayor, United City of Yorkville, Kendall County, Illinois -4- • MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held at in the City Council Chambers of the City Hall, located at 800 Game Farm Road, Yorkville, Illinois, in said City at o'clock P.M., on the day of , 2003. * The meeting was called to order by the Mayor, and upon the roll being called, Arthur F. Prochaska, Jr., the Mayor, and the following Aldermen answered present at said location: The following Aldermen were absent: Various business was conducted. At o'clock P.M., the Mayor announced that the next agenda item for the City Council was a public hearing (the "Hearing") to receive public comments on the proposal to sell in the amount of not to exceed $7,900,000 General Obligation Bonds (Alternate Revenue Source) for waterworks and sewerage system improvement projects, and explained that all persons desiring to be heard would have an opportunity to present written or oral testimony with respect thereto. The Mayor opened the discussion and explained that the reasons for the proposed issuance of the Bonds were as follows: Whereupon the Mayor asked for additional comments from the Aldermen. Additional comments were made by the following: (If no additional statements were made, please so indicate with the word"none.") Written testimony concerning the proposed issuance of the Bonds was read into the record by the City Clerk and is attached hereto as Exhibit I. (If no written testimony was received, please so indicate with the word"none.") Whereupon the Mayor asked for oral testimony or any public comments concerning the proposed issuance of the Bonds. Statements were made by the following: (If no additional statements were made, please so indicate with the word"none.") The Mayor then announced that all persons desiring to be heard had been given an opportunity to present oral and written testimony with respect to the proposed issuance of the Bonds. Alderman moved and Alderman seconded the motion that the Hearing be finally adjourned. -2- After a full discussion thereof, the Mayor directed that the roll be called for a vote upon the motion. Upon the roll being called, the following Aldermen voted: AYE: NAY: Whereupon the Mayor declared the motion carried and the Hearing was finally adjourned. Other business not pertinent to the conduct of the Hearing was duly transacted at said meeting. Upon motion duly made, seconded and carried, the meeting was finally adjourned. City Clerk, United City of Yorkville, Kendall County, Illinois -3- STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF 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 official I am the keeper of the records and files of the City Council of the City (the "Council"). I do further certify that the foregoing constitute a full, true and complete transcript of the minutes of the meeting of the Council held on the day of , 2003, insofar as the same relates to a public hearing concerning the intent of the Council to sell in the amount of not to exceed $7,900,000 General Obligation Bonds (Alternate Revenue Source). I do further certify that the deliberations of the Council at said meeting were conducted openly, that all votes taken at said meeting were 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 location where said meeting was held and at the principal office of the Council at least 48 hours in advance of the holding of said meeting, that said agenda contained a separate specific item concerning the proposed public hearing, and a true, correct and complete copy of said agenda as so posted being attached to this certificate as Exhibit A, that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, the Illinois Municipal Code, as amended, and the Bond Issue Notification Act of the State of Illinois, as amended, and that the Council has complied with all of the provisions of said Acts and said Code and with all of the procedural rules of the Council in the conduct of said meeting. I do further certify that notice of said public hearing was posted at least 48 hours before said public hearing at the principal office of the Council and that attached hereto as Exhibit B is a true, correct and complete copy of said notice as so posted. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of said City, this day of , 2003. City Clerk, United City of Yorkville, Kendall County, Illinois [SEAL] [Attach Exhibits A and B] EXHIBIT B NOTICE OF PUBLIC HEARING CONCERNING THE INTENT OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS TO SELL IN THE AMOUNT OF NOT TO EXCEED$7,900,000 GENERAL OBLIGATION BONDS (ALTERNATE REVENUE SOURCE) PUBLIC NOTICE IS HEREBY GIVEN that the United City of Yorkville, Kendall County, Illinois (the "City"), will hold a public hearing on the day of , 2003, at o'clock P.M. The hearing will be held in the City Council Chambers of the City Hall, located at 800 Game Farm Road, Yorkville, Illinois. The purpose of the hearing will be to receive public comments on the proposal to sell bonds of the City in the amount of not to exceed $7,900,000 for waterworks and sewerage system improvement projects. By order of the Mayor of the United City of Yorkville, Kendall County, Illinois. DATED the day of , 2003. /s/ Jackie Milschewski City Clerk, United City of Yorkville, Kendall County, Illinois August 12, 2003 Kelly K.Kost 312-845-3875 312-516-1875 Fax kost@chapman.com VIA E-MAIL Ms. Traci Pleckham Finance Director United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: United City of Yorkville,Kendall County, Illinois $7,900,000 General Obligation Bonds (Alternate Revenue Source) Dear Traci: Pursuant to the provisions of the Bond Issue Notification Act, the Mayor of the City has the authority to call a public hearing (the "Hearing") concerning the City's intent to sell the above-referenced bonds. We have prepared and are enclosing a form of notice (the "Notice") regarding the Hearing, which is contained in the enclosed Order calling the Hearing. The Notice must be published in a newspaper having general circulation in the City not more than 30 and not less than 7 days prior to the date of the Hearing. Please be certain that the Notice is complete before delivering it to the newspaper for publication and that the Notice is published over the name of the City Clerk of the City. In due course, please forward to us an executed copy of the Order along with a publisher's affidavit with the original newspaper clipping attached, showing the publication of the Notice. Please note that the Notice must also be given by posting at least 48 hours before the Hearing a copy of the Notice at the principal office of the governing body. We would ask that you have the City Clerk post the Notice at the same time it is published. We have also prepared and are enclosing a suggested form of Extract of Minutes evidencing the conduct of the Hearing. In due course, please forward to us certified Extract of Minutes in the form enclosed evidencing the conduct of this proceeding. If the Hearing is held at any meeting other than a regular meeting of the City Council, please notify us so that we can prepare the additional showings necessary to evidence compliance with the Open Meetings Act. Please note that a copy of the Notice as posted at the principal office of the governing body should be attached as Exhibit B to the form of Certification of Minutes enclosed. 1546009.01.06 2110773/KK/8/12/03 Ms. Traci Pleckham August 12, 2003 Page 2 Finally, the Bond Issue Notification Act provides that the Mayor and City Council cannot adopt the bond ordinance for a period of 7 days after the final adjournment of the Hearing. We look forward to working with you and the City on this matter and trust that you will not hesitate to call with any questions that you might have. Very truly yours, CHAPMAN AND CUTLER LLP le4 ke"4/4041". By Kelly K. Kost KK:kd Enclosures cc: Mr. Kevin McCanna r -0 (ik MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held in 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 day of , 2003. * * The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon roll call, the following answered present at said location: Mayor, and Aldermen The following Aldermen were absent: The Mayor announced that in order to finance necessary improvements to the waterworks and sewerage system of the City, it would be necessary for the City to issue revenue bonds or in lieu thereof, alternate bonds and that the City Council would consider the adoption of an ordinance authorizing the issuance of such bonds. Whereupon Alderman presented the following ordinance, copies of which were made available to all in attendance at said meeting who requested a copy: 1535701.01.03 2110773•KK•8/12/03 NOTICE OF INTENT TO ISSUE BONDS AND RIGHT TO FILE PETITIONS Notice is hereby given that pursuant to Ordinance No. , adopted on the day of , 2003 (the "Ordinance"), the United City of Yorkville, Kendall County, Illinois (the "City"), intends to issue its Waterworks and Sewerage Revenue Bonds in an aggregate principal amount not to exceed $7,900,000 (the "Revenue Bonds") or in lieu thereof, its General Obligation Bonds (Alternate Revenue Source), in an aggregate principal amount not to exceed $7,900,000 (the "Alternate 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 paying costs of improving the waterworks and sewerage system of the City (the "System"), such improvements being further described in the Ordinance. The Alternate Bonds would be payable from one or more of the following revenue sources (a) the revenues of the System, (b) all collections distributed to the Village pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (b) of Section 201 of the Illinois Income Tax Act, as supplemented and amended from time to time, or substitute taxes therefor as provided by the State of Illinois in the future, and (c) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose. If this revenue source is insufficient to pay the Alternate Bonds, ad valorem property taxes upon all taxable property in the City without limitation as to rate or amount are authorized to be extended to pay the principal of and interest on the Alternate Bonds. A complete copy of the Ordinance follows this notice. Notice is hereby further given that if a petition signed by or more electors of the City (the same being equal to 10% of the registered voters of the City) asking that the question of improving the System, as provided in the Ordinance, and the issuance of the Revenue Bonds therefor, be submitted to the electors of the City is filed with the City Clerk within 30 days after the date of publication of the Ordinance and this notice, an election on the proposition to issue said Bonds shall be held at the general primary election on the 16th day of March, 2004. The Circuit Court may declare that an emergency referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as amended. Notice is hereby further given that if a petition signed by or more electors of the City (the same being equal to the greater of(i) 7.5% of the registered voters of the City or (ii) 200 of those registered voters or 15% of the registered voters whichever is less) asking that the issuance of the Alternate Bonds be submitted to referendum is filed with the City Clerk within 30 days after the date of publication of the Ordinance and this notice, an election on the proposition to issue said bonds shall be held at the general primary election on the 16th day of March, 2004. The Circuit Court may declare that an emergency referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of Illinois, as amended. -2- By order of the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , 2003. /s/ Jacquelyn Milschewski City Clerk, United City of Yorkville, Kendall County, Illinois -3- City of Yorkville e mo To: Traci o) From: Ju411! CC: Tony, Eric Date: July 21, 2003 Re: Snowbird Policy 2003-2004 Attached is a copy of the 2002-2003 Snowbird policy. I have received the first Snowbird Application for the 2003-2004 Snowbird and wanted to be sure we have the policy set as I know there were some changes discussed concerning the shut off fee. I am also enclosing a proposed snowbird policy stating YBSD charges will not be waived (per Ralph Pfister). Please let me know of any other changes or any shut off fee increase. 1 UNITED CITY OF YORKVILLE SNOWBIRD ACCOUNT POLICY r - - aa THOSE RESIDENTS WHO ARE ABSENT FROM THEIR RESIDENCE FOR A PERIOD OF 60 CONSECUTIVE DAYS OR MORE QUALIFY FOR THE SNOWBIRD UTILITY ACCOUNT POLICY. THE YBSD WASTEWATER TREATMENT CHARGE OF $76.11 PER UNIT WILL CONTINUE DURING THE RESIDENT'S ABSENCE . THERE WILL BE NO BILL ISSUED DURING THE VACANCY. IF THE WATER IS SHUTOFF AT THE CURB BOX. THERE WIIL BE A$25.00 FEE PAID, PRIOR TO THE SHUTOFF ORDER BEING ISSUED. THIS FEE IS TO BE PAID AT THE CITY OF YORKVILLE OFFICE AT 800 GAME FARM ROAD. TO INITIATE THE SNOWBIRD POLICY YOU MUST COME INTO THE CITY OFFICE AT 800 GAME FARM ROAD AND COMPLETE A FORM APPROXIMATELY ONE WEEK IN ADVANCE OF VACATING PREMISES. IT IS THE RESIDENT'S RESPONSIBILITY TO INFORM THE CITY OF THEIR RETURN AND ALLOW ONE WEEK TO SCHEDULE WATER TURN-ON. (JD C/Ty J� T United City of Yorkville EST. _` i�6 County Seat of Kendall County _. 800 Game Farm Road -`= to Yorkville,Illinois 60560 p CIS ` p Phone:630-553-4350 9,f„ �.�.�.., v Fax:630-553 7575 `ItLE N� SNOWBIRD POLICY 2003-2004 RESIDENTS WHO ARE ABSENT FROM THEIR RESIDENCE FOR A PERIOD OF 60 CONSECUTIVE DAYS OR MORE QUALIFY FOR THE SNOWBIRD UTILITY ACCOUNT POLICY. THE CITY OF YORKVILLE WILL WAIVE THE WATER, SEWER, AND REFUSE CHARGES WHILE THE RESIDENCE IS ABSENT FROM THEIR HOME. THE YBSD WASTEWATER TREATMENT CHARGE OF $76.11 PER UNIT WILL CONTINUE DURING THE RESIDENT'S ABSENCE EVEN IF THE WATER IS SHUT OFF AT THE CURB BOX ANY RESIDENT WISHING TO HAVE THE WATER SHUT OFF DURING THEIR ABSENSE WILL BE CHARGED A $25.00 SHUT OFF FEE. TO INITIATE THE SNOW BIRD POLICY A SNOWBIRD FORM MUST BE COMPLETED AND RETURNED TO THE CITY OFFICE AT 800 GAME FARM ROAD. ' IT IS THE RESIDENCE'S RESPONSIBILITY TO INFORM THE CITY OE THEIR RETURN. UNITED CITY OF YORKVILLE FROM THE DESK OF LIZ D'ANNA August 13, 2003 TO: Administration Committee RE: August 14th Meeting Please add the following items to your packet: 1. In-Town Road Program (Road Improvement Program) 2. Radium Compliance/Water Project Alternate Revenue Bond 3. Bruell Street Pump Station Bond Bank Ordinance r If you have any questions, please call me. Thank you, Liz D'Anna Deputy Clerk enclosures 0 Id etuf-yov.e,9 --r-le/kik.-44- I.)--, 0,3, Co. <4, <,- ,,, ,, k a ,,t, 1.- °6 United City of Yorkville Memorandum 1111, ESTI% .., _ 1836 800 Game Farm Road �.�___ Yorkville, Illinois, 60560 11 ~` Telephone: 630-553-4350 # Fax 630-553-7575 Date: August 13, 2003 ,-,' ,—V To: Administration Committee LL' From: Traci Pleckham - Finance Director CC: Mayor Prochaska, Administrator Graff, City Engineer Wywrot Subject: In-Town Road Program Per Joe Wywrot, he has recommended separating the In-Town Road Program into 2 project areas, north of the Fox River (Phase 1) and south of the Fox River (Phase 2). Cost estimates by fiscal year are as follows: Fiscal Year Cost 2003-2004 Phase 1 - Engineering design $40,000 2004-2005 Phase 1 - Storm Sewer/Roadway $540,000 Phase 2 - Engineering design $60,000 2005-2006 Phase 1 - Roadway $950,000 Phase 2 - Watermain/Roadway/ $810,000 Storm Sewer 2006-2007 Phase 2 - Roadway $1,210,000 Total Cost of Program $3,610,000 In order to begin the program this fiscal year, the City would need to fund $40,000 for Phase 1 engineering design. If City Council approves, funds could be expensed from the City's General Fund Contingency line item, which currently has a balance of $146,203.55. Along with Council's recommendations, staff could then begin reviewing budget/funding options for the following fiscal years. UNITED CITY OF YORKVILLE To: Tony Graff, City Administra or From: Joe Wywrot, City Engineer Subject: In-Town Road Program Date: July 25, 2003 Attached find one copy of the revised final report from Smith Engineering for the In-Town Road Program. The report was revised by adding Orange Street (Main to Bridge), E. Main (Bruell to Bridge), and Center Street (west end to Bridge). Smith has recommended that all of these additional streets be rehabilitated by pulverizing the existing asphalt surface and mixing it with the aggregate base, then compacting that new base and overlaying with a new asphalt surface. This is the most common type of recommended rehabilitation for the In- Town Road Program. Smith is also recommending some minor storm sewer construction on West Orange Street, and more extensive storm sewer systems on E. Main(between Bridge and Liberty) all of Center Street. The revised total cost for engineering and construction of roadway and utility improvements as recommended would be around $3,560,000. For comparison purposes, the cost of new construction would be around $6,050,000. Please refer to the attached spreadsheet for a more detailed breakdown of costs. Adding the streets mentioned above has increased the total program cost by around$790,000. Please place this item on the July 28, 2003 Public Works Committee agenda for discussion. Cc: Traci Pleckham, Director of Finance Engineer's Opinion of Probable Cost-Summary City of Yorkville 2003 Road Program Maintenance Improvement Reconstruction Improvement Section Number Street Name Roadway Construction( Stormwater Costs I Watermain Costs I Total Roadway Construction I Stormwater Costs I Watermain Costs I Total 1 11 1 1 1 1 II I I I 1 1 Hydraulic $ 58,955.68 $ 29,406.25 $ - $ 88,361.931 $ 109,650.00 $ 29,406.25 $ - $ 139,056.25 Van Emmon $ 93,269.20 $ 25,000.00 $ - $ 118,269.20 $ 120,000.00 $ 25,000.00 $ - $ 145,000.00 Madison $ 115,625.73 $ 25,000.00 $ - $ 140,625.73 $ 275,700.00 $ 25,000.00 $ - $ 300,700.00 Morgan $ 42,949.25 $ 65,937.50 $ - $ 108,886.75 $ 90,000.00 $ 65,937.50 $ - $ 155,937.50 Adams $ 136,771.78_ $ 69,875.00 $ 52,075.00 $ 258,721.78 $ 294,900.00 $ 69,875.00 $ 52,075.00 $ 416,850.00 Section 1 Total $ 447,571.64 $ 215,218.75 $ 52,075.00 $ 714,865.39 $ 890,250.00 $ 215,218.75 $ 52,075.00 $ 1,157,543.75 I 11 I 1 1 1 1 1 1 1 2 Mill $ 366,000.00 $ 71,875.00 $ - $ 437,875.00 $ 366,000.00 $ 71,875.00 $ - $ 437,875.00 Heustis $ 144,959.50 $ 82,725.00 $ 109,145.00 $ 336,829.50 $ 356,580.00 $ 82,725.00 $ 109,145.00 $ 548,450.00 Fox $ 95,788.50_ $ - $ 55,225.00 $ 151,013.50 $ 180,900.00 $ - $ 55,225.00 $ 236,125.00 Washington $ 86,044.13 $ - $ 46,850.00 $ 132,894.13 $ 155,400.00 $ - $ 46,850.00 $ 202,250.00 Orange $ 164,871.15_ $ 102,625.00 $ - $ 267,496.15 $ 425,100.00 $ 102,625.00 $ - $ 527,725.00 Section 2 Total $ 857,663.28 $ 257,225.00 $ 211,220.00 $ 1,326,108.28 $ 1,483,980.00 $ 257,225.00 $ 211,220.00 $ 1,952,425.00 I II I I I I II I I I I 3 Colton $ 118,111.00 $ 80,581.25 $ - $ 198,692.25 $ 332,790.00 $ 80,581.25 $ - $ 413,371.25 Liberty $ 144,381.10 $ 111,672.50 $ -. $ 256,053.60 $ 455,025.00 $ 111,672.50 $ - $ 566,697.50 Center $ 303,106.50_ $ 168,312.50 $ - $ 471,419.00 $ 753,900.00 $ 168,312.50 $ - $ 922,212.50 Main $ 461,200.13 $ 136,250.00 $ - $ 597,450.13 $ 906,300.00 $ 136,250.00 $ - $ 1,042,550.00 Section 3 Total $ 1,026,798.73 $ 496,816.25 - $ 1,523,614.98 $ 2,448,015.00 $ 496,816.25 $ - $ 2,944,831.25 I II I I I I II I I I I 1 1IGrand Total I$ 2,332,033.65 I$ 969,260.00-I$ 263,295.00 I$ 3,564,588.651$ 4,822,245.00 I$ 969,260.00 I$ 263,295.00 I$ 6,054,800.00 1 1. 1\,1 C,,t 2 4 03 United City of Yorkville Memorandum EST% 1836 800 Game Farm Road Yorkville, Illinois, 60560 le Telephone: 630-553-4350 o t4" Fax: 630-553-7575 Date: August 12, 2003 To: Administration Committee From: Traci Pleckham - Finance Director%-' CC: Mayor Prochaska, Administrator Graff Subject: $7.9 Million Alternate Revenue Bond Timetable As discussed at the 6/12/03 Administration Committee meeting, the City will need to issue $7.9 million in Alternate Revenue Bonds for the Radium Compliance/Water Project. Water revenues, developer fees and possibly income taxes will be the repayment source for these bonds. Based on discussions with Jeff Freeman at EEI, they will be looking for Council to award the next project bid on 10/28. Given this information, I would recommend following the timetable listed below: Authorizing Ordinance This ordinance places no official obligation to issue revenue bonds, only a notice of intention. 8/14 - Administration 8/19 - COW 8/26 - City Council (This ordinance can be passed prior to the BINA hearing.) After passage, the City is required to publish the Authorizing Ordinance and Notice of Intent, along with a 30 day waiting period before the Bond Ordinance is passed. The 30 day waiting period would end 10/6. BINA Hearing Public Hearing is necessary in accordance with the Bond Issue Notification Act. 8/14 - Administration 8/19 - COW Authorizing Mayor to execute order calling public hearing - Publish 8/28 Public Hearing 9/9 - City Council Bond Ordinance 10/9 - Administration 10/21 - COW 10/28 - City Council Once the Bond Ordinance is passed, the closing would typically be within 2-3 weeks (weeks of November 10th - 17th) AUG-13-2003 13:14 FROM-SPEER FINANCIAL 312-346-8833 T-949 P.002/002 F-435 UNITED CITY OF YORKVILLE 57,900,000 Alternate Water Pee Revenue Bonds,Series 2003 Wraparound Existing Debt NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I Existing D/S Net New D/S - 12/30/2003 - 25,000.00 25,000.00 12/30/2004 - 561,229.17 561,229,17 325,000.00 886,229.17 12/30/2005 - 434,500.00 434,500.00 225,000.00 659,500.00 12/30/2006 - - 434,500.00 434,500.00 225,000,00 659,500.00 12/30/2007 - 434,500.00 434,500.00 235,000.00 669,500.00 12/30/2008 - - 434,500,00 434,500.00 260,000.00 694,500.00 32/30/2009 - 434,500.00 434,500,00 350,000.00 784,500.00 12/30/2010 - - 434,500.00 434,500.00 420,000.00 854,500.00 12/30/2011 - . 434,500.00 434,500.00 490,000.00 924,500.00 12/30/2012 - - 434,500.00 434,500.00 570,000.00 1,004,500,00 12/30/2013 - - 434,500,00 434,500.00 740,000.00 1,174,500.00 12/30/2014 - - 434,500.00 434,500,00 770,000.00 1,204,500.00 12/30/2015 - - 434,500.00 434,500.00 770,000.00 1,204,500.00 12/30/2016 - - 434,500,00 134,500.00 770,000.00 1,204,500,00 12/30/2017 - - 434,500.00 434,500.00 770,000.00 1,204,500,00 12/30/2018 - 434,500.00 434,500.00 860,000.00 1,294,500,00 17/30/2019 - 434,500,00 434,500.00 1,650,000.00 2,084,500.00 12/30/2020 - - 434,500,00 434,500,00 1,610,000.00 2,044,500.00 12/30/2021 - 434,500.00 434,500.00 1,565,000.00 1,999,500.00 12/30/2022 - - 434,500,00 434,500.00 1,050,000.00 1,484,500.00 12/30/2023 615,000.00 5,50075 434,500.00 1,049,500.00 - 1,049,500.00 12/30/2024 645,000.00 5.50095 400,675.00 1,045,675.00 - 1,045,675,00 12/30/2025 685,000.0D 5.500% 365,200.00 1,050,200,00 - 1,050,200.00 12/30/2020 720,000.00 5.300% 327,525.00 1,047,525.0D - 1,047,525.00 12/30/2027 760,000.00 5.500% 287,92100 1,047,925.00 - 1,047,925.00 12/30/2028 800,000.00 5.500% 246,125.00 1,046,125.00 - 1,046,125.00 12/30/2029 845,000.00 5.500% 202,125.00 1,047,125.00 - 1,047,125.00 12/90/2030 895,000.00 5.500% 155,653.00 1,050,650.00 - 1,050,650,00 12/30/2031 940,000,00 5.500% 106,425.00 1,046,425.00 - 1,046,425.00 12/30/2032 995,000.00 5.500% 54,725.00 1,049,725.00 - 1,049,725.00 Total 7,900,000.00 - 10,963,104.17 18,863,104,17 13,680,000.00 32,543,104,17 Speer Financial,Inc. 15/c=Yorkvill.yf-Serics 2005wnlurBmrn30yr-SINGLE PURPOSE. Pu6Jic fYnnncc Consultants Since 7954 8/13/2003 1:09 PM I if im (-, ,D c,...i. ,__ , 't �� # United Cityof Yorkville Memorandum# 0 �����?�'`° P1`�` �/ Aga '' EST �, 1836 800 Game Farm Road -�-�— Yorkville, Illinois, 60560 09 ,i �'• 4 Telephone: 630-553-4350 4,_. Kendall CowtY 0° Fax: 630-553-7575 <CE ‘‘>' Date: August 13, 2003 n� ,� , To: Administration Committee : From: Traci Pleckham - Finance Director_. CC: Mayor Prochaska, Administrator Graff Subject: $2,035,000 Illinois Rural Bond Bank Timetable As discussed at the 6/12/03 Administration Committee meeting, funding for the Bruell Street Sewer project would be necessary by October 2003. The City has been able to enter into the Illinois Rural Bond Bank Pooled Financing Program. The Bond Bank's ability to pool a number of financing needs into one large bond issue provides some savings by sharing the issuance costs among the participants. The bonds are also backed by the moral obligation of the state of Illinois. In utilizing the Rural Bond Bank for this particular issue, the City should save approximately $60,000 to $80,000 in interest costs over the life of the bond. Assuming no changes from the Bond Bank, the timetable for this issue is as follows: Pledge Ordinance 8/14 - Administration Bond Ordinance 8/19 - COW The Illinois Rural Bond Bank will have a meeting on 8/21 to approve their remaining applicants for this pool (Yorkville is one of them). Upon approval, City Council would then approve both ordinances. 8/26 - City Council Rural Bond Bank - Bond Pricing 9/4 Certificate Order 9/23 - Per the Bond Ordinance, the Certificate Order (one of the closing documents), needs to be presented by the City Clerk to City Council (no action needed). Rural Bond Bank - Closing 9/24 leyjaci rd ftil&fve---;,-\ Pc r DRAFT ORDINANCE NUMBER AN ORDINANCE of the United City of Yorkville, Kendall County, Illinois, authorizing and providing for an Installment Purchase Agreement for the purpose of paying the cost of acquiring and installing sewer improvements within the City (Bruen Street Sewer Project), and authorizing and providing for the issue of$2,035,000 Debt Certificates, Series 2003A, evidencing the rights to payment under such Agreement, prescribing the details of the Agreement and Certificates, and providing for the security for and means of payment under the Agreement of the Certificates. Adopted by the City Council of said City on the 26th day of August, 2003 1539817.01.09 2110781 •KK•8/12/03 TABLE OF CONTENTS SECTION HEADING PAGE Preambles 1 Section 1. Definitions 4 Section 2. Incorporation of Preambles 7 Section 3. Determination to Authorize and Enter into Agreement and to Issue Certificates 7 Section 4. Agreement is a General Obligation; Annual Appropriation 7 Section 5. Execution and Filing of the Agreement. 7 Section 6. Certificate Details. 9 Section 7. Execution; Authentication 11 Section 8. Registration of Certificates; Persons Treated as Owners 11 Section 9. Optional Redemption. 13 Section 10. Redemption Procedure 13 Section 11. Form of Certificate 16 Section 12. Sale of Certificates 22 Section 13. Creation of Funds and Appropriations. 23 Section 14. Non-Arbitrage and Tax-Exemption 25 Section 15. Pertaining to the Certificate Registrar 42 Section 16. Defeasance 44 Section 17. Continuing Disclosure Undertaking 45 Section 18. Publication of Ordinance 45 Section 19. Superseder and Effective Date. 46 [This table of contents is for the convenience of the reader and is not a part of this Ordinance.] -i- ORDINANCE NUMBER AN ORDINANCE of the United City of Yorkville, Kendall County, Illinois, authorizing and providing for an Installment Purchase Agreement for the purpose of paying a part of the cost of acquiring and installing sewer improvements within the City (Bruell Street Sewer Project), and authorizing and providing for the issue of $2,035,000 Debt Certificates, Series 2003A, evidencing the rights to payment under such Agreement, prescribing the details of the Agreement and Certificates, and providing for the security for and means of payment under the Agreement of the Certificates. PREAMBLES WHEREAS A. The United City of Yorkville, Kendall County, Illinois (the "City"), is a municipality and unit of local government of the State of Illinois (the "State") operating, inter alia, under and pursuant to the following laws: 1. the Illinois Municipal Code (the "Municipal Code"); 2. the Local Government Debt Reform Act of the State of Illinois (the "Debt Reform Act"), and in particular, the provisions of Section 17 of the Debt Reform Act (the "Installment Purchase Provisions of the Debt Reform Act"); and 3. all other Omnibus Bond Acts of the State; in each case, as supplemented and amended (collectively, "Applicable Law"). B. The City Council (the "Corporate Authorities") has considered the needs of the City and, in so doing, the Corporate Authorities have deemed and do now deem it advisable, necessary, and for the best interests of the City in order to promote and protect the public health, welfare, safety, and convenience of the residents of the City to acquire and install a project described as follows: the Bruell Street pump station project consists of the construction of a pump station (sanitary) complete with generator, including, in connection with said work, acquisition of all land or rights in land, mechanical, electrical, and other services necessary, useful, or advisable thereto (the "Project"). C. The Corporate Authorities have determined the total cost of the Project and expenses incidental thereto, including financial and legal services related to the Project and to the Agreement hereinafter provided for in this Ordinance (collectively "Related Expenses") to be not less than $2,035,000 plus estimated investment earnings which may be received on said sum prior to disbursement. D. Sufficient funds of the City are not available to pay the costs of the Project and Related Expenses, and it will, therefore, be necessary to borrow money in the amount of $2,035,000 for the purpose of paying such costs. E. Pursuant to the Installment Purchase Provisions of the Debt Reform Act, as amended by Public Act 91-868 of the 91st General Assembly of the State of Illinois, the City has the powers as follows: The governing body of each governmental unit may purchase or lease either real or personal property, including investments, in- vestment agreements, or investment services, through agreements that provide that the consideration for the purchase or lease may be paid through installments made at stated intervals for a period of no more than 20 years or another period of time authorized by law, whichever is greater; provided, however, that investments, investments agreements or investment services purchased in connection with a bond issue may be paid through installments made at stated intervals for a period of time not in excess of the maximum term of such bond issue. Each governmental unit may issue certificates evidencing the indebtedness incurred under the lease or agreement. The governing body may provide for the treasurer, comptroller, finance officer, or other officer of the governing body charged with financial administration to act as counter-party to any such lease or agreement, as nominee lessor or seller. When the lease or agreement is executed by the officer of the governmental unit authorized by the governing body to bind the governmental unit thereon by the execution thereof and is filed with and executed by the nominee lessor or seller, the lease or agreement shall be sufficiently executed so as to permit the -2- governmental unit to issue certificates evidencing the indebtedness incurred under the lease or agreement. The certificates shall be valid whether or not an appropriation with respect thereto is included in any annual or supplemental budget adopted by the governmental unit. From time to time, as the governing body executes contracts for the purpose of acquiring and constructing the services or real or personal property that is a part of the subject of the lease or agreement, including financial, legal, architectural, and engineering services related to the lease or agreement, the governing body shall order the contracts filed with its nominee officer, and that officer shall identify the contracts to the lease or agreement; that identification shall permit the payment of the contract from the proceeds of the certificates; and the nominee officer shall duly apply or cause to be applied proceeds of the certificates to the payment of the contracts. The governing body of each governmental unit may sell, lease, convey, and reacquire either real or personal property, or any interest in real or personal property, upon any terms and conditions and in any manner, as the governing body shall determine, if the governmental unit will lease, acquire by purchase agreement, or otherwise reacquire the property, as authorized by this subsection or any other applicable law. All indebtedness incurred under this subsection, when aggregated with the existing indebtedness of the governmental unit, may not exceed the debt limits provided by applicable law. F. The Corporate Authorities find that it is desirable and in the best interests of the City to avail of the provisions of the Installment Purchase Provisions of the Debt Reform Act, as quoted, as follows: 1. To authorize an Installment Purchase Agreement (the "Agreement") more particularly as described and provided below in the text of this Ordinance; 2. To name as counter-party to the Agreement the City Treasurer (the "Treasurer"), as nominee-seller; 3. To authorize the Mayor of the City (the "Mayor") and the City Clerk (the "Clerk") to execute and attest, respectively, the Agreement on behalf of the City and to -3- file same with the Clerk in his or her capacity as keeper of the records and files of the City; and 4. To issue certificates evidencing the indebtedness incurred under the Agreement in the amount of $2,035,000, in form and having such details as set forth below in the text of this Ordinance. Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Definitions. Words and terms used in this Ordinance shall have the meanings given them unless the context oruse clearly indicates another or different meaning is intended. Words and terms defined in the singular may be used in the plural and vice-versa. Reference to any gender shall be deemed to include the other and also inanimate persons such as corporations, where applicable. A. The following words and terms are as defined in the preambles hereto. Applicable Law City Clerk Corporate Authorities Debt Reform Act Installment Purchase Provisions of the Debt Reform Act Mayor Municipal Code Project Related Expenses State Treasurer -4- B. The following words and terms are defined as set forth. "Agreement" means the Installment Purchase Agreement, as referred to in the preambles of this Ordinance, for the purpose of purchasing and financing the Project and Related Expenses. "Certificates" means the $2,035,000 Debt Certificates, Series 2003A, authorized to be issued by this Ordinance. "Certificate Order" means the Certificate Order as authorized to be executed by the Designated Officers of the City as set forth in Section 12 of this Ordinance and by which the final terms of the Certificates will be established. "Certificate Fund" means the fund established and defined in Section 13 of this Ordinance. "Certificate Moneys" means moneys on deposit in the Certificate Fund. "Certificate Register" means the books of the City kept by the Certificate Registrar to evidence the registration and transfer of the Certificates. "Certificate Registrar" means U.S. Bank National Association, St. Louis, Missouri, in its capacity as certificate registrar hereunder, or a successor thereto or a successor designated as Certificate Registrar hereunder. "Code" means the Internal Revenue Code of 1986, as amended. "County Clerk" means the County Clerk of The County of Kendall, Illinois. "Designated Officers" means the Mayor, City Clerk and City Treasurer. "Ordinance" means this Ordinance, numbered as set forth on the title page hereof, and passed by the Corporate Authorities on the 26th day of August, 2003. -5- "Paying Agent" mean U.S. Bank National Association, St. Louis, Missouri, in its capacity as paying agent, or a successor thereto or a successor designated as Paying Agent hereunder. "Project Fund" means the Project Fund established and defined in Section 13 of this Ordinance. "Purchase Contract" is defined in Section 12. "Purchase Price" means the price to be paid by the Purchaser pursuant to the Purchase Contract for the Certificates, as set forth in the Certificate Order, to-wit, not less than 98.4% of the par amount of the Certificates. "Purchaser" means the purchaser of the Certificates, namely, the Illinois Rural Bond Bank. "Rebate Fund" means the Rebate Fund authorized to be established and as defined in Section 14 of this Ordinance. "Record Date" means the 15th day of the month preceding any regular or other interest payment date occurring on the first day of any month and 15 days preceding any interest payment date occasioned by the redemption of Certificates on other than the first day of a month. "Tax-exempt" means, with respect to the Certificates, the status of interest paid and received thereon as not includible in the gross income of the owners thereof under the Code for federal income tax purposes except to the extent that such interest is taken into account in computing an adjustment used in determining the alternative minimum tax for certain corporations. -6- C. Definitions also appear in the preambles hereto or in specific sections, as appear below. The headings in this Ordinance are for the convenience of the reader and are not a part of this Ordinance. Section 2. Incorporation of Preambles. The Corporate Authorities hereby find that the recitals contained in the preambles to this Ordinance are true, correct, and complete and do incorporate them into this Ordinance by this reference. Section 3. Determination to Authorize and Enter into Agreement and to Issue Certificates. It is necessary and advisable for the public health, safety, welfare, and convenience of residents of the City to pay the costs of acquisition of the Project, including all Related Expenses and to borrow money and, in evidence thereof and for the purpose of financing same, enter into the Agreement and, further, to provide for the issuance and delivery of the Certificates evidencing the indebtedness incurred under the Agreement. Section 4. Agreement is a General Obligation; Annual Appropriation. The City hereby represents, warrants, and agrees that the obligation to make the payments due under the Agreement shall be a lawful direct general obligation of the City payable from the corporate funds of the City and such other sources of payment as are otherwise lawfully available. The City represents and warrants that the total amount due the Seller under the Agreement, together with all other indebtedness of the City, is within all statutory and constitutional debt limitations. The City agrees to appropriate funds of the City annually and in a timely manner so as to provide for the making of all payments when due under the terms of the Agreement. Section S. Execution and Filing of the Agreement. From and after the effective date of this Ordinance, the Mayor and Clerk be and they are hereby authorized and directed to execute and attest, respectively, the Agreement, in substantially the form thereof set forth below in the text of this Ordinance, and to do all things necessary and essential to effectuate the provisions of -7- the Agreement, including the execution of any documents and certificates incidental thereto or necessary to carry out the provisions thereof. Further, as nominee-seller, the Treasurer is hereby authorized and directed to execute the Agreement. Upon full execution, the original of the Agreement shall be filed with the Clerk and retained in the City records and constitute authority for issuance of the Certificates. Subject to such discretion of the officers signatory to the document as described in the foregoing text, the Installment Purchase Agreement shall be in substantially the form as follows: -8- INSTALLMENT PURCHASE AGREEMENT for the purchase of real or personal property, or both, for the purpose of sewer improvements within the City, dated the 1st day of September, 2003, in and for the United City of Yorkville, Kendall County, Illinois. THIS INSTALLMENT PURCHASE AGREEMENT (this "Agreement") made as of the 1st day of September, 2003 by and between the Treasurer of the City, as Nominee-Seller (the "Seller"), and the United City of Yorkville, Kendall, Illinois, a municipality and unit of local government of the State of Illinois (the "City"): WITNESSETH A. The City Council (the "Corporate Authorities") of the City has determined to acquire real or personal property, or both, for sewer improvements within the City (the "Project"), all as previously approved by the Corporate Authorities and on file with the City Clerk (the "Clerk"). B. Pursuant to the provisions of the Illinois Municipal Code (the "Municipal Code"); the Local Government Debt Reform Act of the State of Illinois (the "Debt Reform Act"), and, in particular, the provisions of Section 17 of the Debt Reform Act (the "Installment Purchase Provisions of the Debt Reform Act"); and all other Omnibus Bond Acts of the State of Illinois; in each case, as supplemented an amended (collectively "Applicable Law"); the City has the power to purchase real or personal property through agreements that provide that the consideration for the purchase may be paid through installments made at stated intervals for a period of no more than 20 years and has the power to issue certificates evidencing indebtedness incurred under such agreements. C. On the 26th day of August, 2003, the Corporate Authorities, pursuant to Applicable Law and the need to provide for the Project, adopted an ordinance (the "Ordinance"), numbered , authorizing the borrowing of money for the Project, the execution and delivery of I-1 this Agreement to finance same, and the issuance of certificates evidencing the indebtedness so incurred. D. The Ordinance is (a) incorporated herein by reference; and (b) made a part hereof as if set out at this place in full; and each of the terms as defined in the Ordinance is also incorporated by reference for use in this Agreement. E. The Seller, as nominee as expressly permitted by the Installment Purchase Provisions of the Debt Reform Act, has agreed to acquire the Project on the terms as hereinafter provided. Now, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable consideration, it is mutually agreed between the Seller and the City as follows: 1. MAKE AND ACQUIRE PROJECT The Seller agrees to make, construct and acquire the Project upon real estate owned or to be owned by or upon which valid easements have been obtained in favor of the City. 2. CONVEYANCE The Seller agrees to convey each part of the Project to the City and to perform all necessary work and convey all necessary equipment; and the City agrees to purchase the Project from the Seller and pay for the Project the purchase price of not to exceed $2,035,000; plus the amount of investment earnings which are earned on the amount deposited with the Treasurer from the sale of the Certificates and in no event shall the total aggregate principal purchase price to be paid pursuant to this Agreement exceed the sum of $2,035,000, plus the amount of I-2 investment earnings which are earned on the amount deposited with the Treasurer from the sale of the Certificates. 3. PAYMENTS The payment of the entire sum of$2,035,000 of said purchase price shall: (a) be payable in installments due on the dates and in the amounts; (b) bear interest at the rates percent per annum which interest shall also be payable on the dates and in the amounts; (c) be payable at the place or places of payment, in the medium of payment, and upon such other terms; all as provided for payment of the Certificates in the Ordinance. 4. ASSIGNMENT Rights to payment of the Seller as provided in this Agreement are assigned as a matter of law, under the Installment Purchase Provisions of the Debt Reform Act, to the owners of the Certificates. This Agreement and any right, title, or interest herein, shall not be further assignable. The Certificates, evidencing the indebtedness incurred hereby, are assignable (registrable) as provided in the Ordinance. 5. TAX COVENANTS The covenants relating to the Tax-exempt status of the Certificates, as set forth in the Ordinance, insofar as may be applicable, apply to the work to be performed and the payments made under this Agreement. 6. TITLE. (a) Vesting of Title. Title in and to any part of the Project, upon delivery or as made, during all stages of the making or acquisition thereof, shall and does vest immediately in the City. I-3 (b) Damage, Destruction, and Condemnation. If, during the term of this Agreement, (i) all or any part of the Project shall be destroyed, in whole or in part, or damaged by fire or other casualty or event; or(ii) title to, or the temporary or permanent use of, all or any part of the Project shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm, or corporation acting under governmental authority; or (iii) a material defect in construction of all or any part of the Project shall become apparent; or(iv) title to or the use of all or any part of the Project shall be lost by reason of a defect in title; then the City shall continue to make payments as promised herein and in the Certificates and to take such action as it shall deem necessary or appropriate to repair and replace the Project. 7. LAWFUL CORPORATE OBLIGATION The City hereby represents, warrants and agrees that the obligation to make the payments due hereunder shall be a lawful direct general obligation of the City payable from the corporate funds of the City and such other sources of payment as are otherwise lawfully available. The City represents and warrants that the total amount due the Seller hereunder, together with all other indebtedness of the City, is within all statutory and constitutional debt limitations. The City agrees to appropriate funds of the City annually and in a timely manner so as to provide for the making of all payments when due under the terms of this Agreement. 8. GENERAL COVENANT AND RECITAL It is hereby certified and recited by the Seller and the City, respectively, that as to each, respectively, for itself, all conditions, acts, and things required by law to exist or to be done precedent to and in the execution of this Agreement did exist, have happened, been done and performed in regular and due form and time as required by law. • 9. No SEPARATE TAX THE SELLER AND THE CITY RECOGNIZE THAT THERE IS NO STATUTORY AUTHORITY FOR THE LEVY OF A SEPARATE TAX IN ADDITION TO OTHER TAXES OF THE CITY OR THE LEVY I-4 OF A SPECIAL TAX UNLIMITED AS TO RATE OR AMOUNT TO PAY ANY OF THE AMOUNTS DUE HEREUNDER. 10. DEFAULT In the event of a default in payment hereunder by the City, the Seller or any Certificateholder may pursue any available remedy by suit at law or equity to enforce the payment of all amounts due or to become due under this Agreement, including, without limitation, an action for specific performance. I-5 IN WITNESS WHEREOF, the Seller has caused this Installment Purchase Agreement to be executed and attested, and his or her signature to be attested by the Clerk, and the City has caused this Installment Purchase Agreement to be executed by its Mayor, and also attested by the Clerk, and the official seal of the City to be hereunto affixed, all as of the day and year first above written. SELLER: Signature: [Here type name]: as Nominee-Seller and the Treasurer ATTEST: City Clerk [SEAL] UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS Mayor A ITEST: City Clerk [SEAL] I-6 STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATE OF INSTALLMENT PURCHASE AGREEMENT FILING 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 do hereby certify that on the _ day of , 2003 there was filed in my office a properly certified copy of that certain document, executed by the Mayor of the City, attested by me in my capacity as City Clerk, and further executed, as Nominee-Seller, by the City Treasurer of the City, also attested by me, dated the 1st day of September 2003, and entitled "INSTALLMENT PURCHASE AGREEMENT for the purchase of real or personal property, or both, for the purpose of sewer improvements within the City, dated the 1st day of September, 2003, in and for the United City of Yorkville, Kendall County, Illinois"; and supporting the issuance of certain Debt Certificates, Series 2003A, of the City; that attached hereto is a true and complete copy of said Agreement as so filed; and that the same has been deposited in the official files and records of my office. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the seal of the United City of Yorkville, Kendall County, Illinois, at the United City of Yorkville, Illinois, this day of , 2003. City Clerk [SEAL] F-1 Section 6. Certificate Details. For the purpose of providing for the Project and Related Expenses, there shall be issued and sold the Certificates in the principal amount of not to exceed $2,035,000. The Certificates shall each be designated "Debt Certificate, Series 2003A"; be dated the date set forth in the Certificate Order (the "Dated Date"); and shall also bear the date of authentication thereof. The Certificates shall be in fully registered form, shall be in denominations of$5,000 each and authorized integral multiples thereof(but no single Certificate shall represent installments of principal maturing on more than one date), and shall be numbered consecutively in such fashion as shall be determined by the Certificate Registrar. The Certificates shall bear interest at the rate or rates percent as shall be provided in the Certificate Order,provided, however, that no Certificate shall bear interest at a rate percent per annum in excess of eight and seventy-five one hundredths percent (8.75%), and shall become due and payable serially (subject to the right of prior redemption as hereinafter described) on February 1 of each of the years and in the amounts as follows (or in such lower amounts as shall be set forth in the Certificate Order): -9- YEAR OF PRINCIPAL MATURITY AMOUNT($) 2004 30,000 2005 80,000 2006 80,000 2007 80,000 2008 80,000 2009 85,000 2010 85,000 2011 90,000 2012 95,000 2013 95,000 2014 100,000 2015 105,000 2016 110,000 2017 115,000 2018 120,000 2019 125,000 2020 130,000 2021 135,000 2022 145,000 2023 150,000 Each Certificate shall bear interest from the later of its Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such Certificate is paid or duly provided for, such interest(computed upon the basis of a 360-day year of twelve 30-day months) being payable on February 1 and August 1 of each year, commencing on February 1, 2004. Interest on each Certificate shall be paid by check or draft of the Certificate Registrar, payable upon presentation thereof in lawful money of the United States of America, to the person in whose name such Certificate is registered at the close of business on the applicable Record Date, and mailed to the registered owner of the Certificate at the address as shown in the Certificate Register or at such other address furnished in writing by such registered owner. The principal of the Certificates shall be payable in lawful money of the United States of America upon presentation thereof at the office maintained for such purpose -10- of the Certificate Registrar as currently maintained, as may be relocated from time to time, or at successor Certificate Registrar and locality. The City covenants with the Purchaser that the City shall deposit the principal and interest payments, along with any redemption premium, with the Paying Agent in immediately available funds at the principal corporate trust office of the Paying Agent five (5) days prior to each respective interest and/or principal payment date. Section 7. Execution; Authentication. The Certificates shall be signed by the manual or duly authorized facsimile signature of the Mayor on behalf of the City and the City Clerk, and shall have impressed or imprinted thereon the corporate seal or facsimile thereof of the City. In case any such officer whose signature shall appear on any Certificate shall cease to be such officer before the delivery of such Certificate, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Certificates shall have thereon a certificate of authentication, substantially in the form hereinafter set forth, duly executed by the Certificate Registrar as authenticating agent of the City and showing the date of authentication. No Certificate shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of authentication shall have been duly executed by the Certificate Registrar by manual signature, and such certificate of authentication upon any such Certificate shall be conclusive evidence that such Certificate has been authenticated and delivered under this Ordinance. The certificate of authentication on any Certificate shall be deemed to have been executed by it if signed by an authorized officer of the Certificate Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Certificates issued hereunder. Section 8. Registration of Certificates; Persons Treated as Owners. The City shall cause books (the "Certificate Register" as herein defined) for the registration and for the transfer -11- of the Certificates as provided in this Ordinance to be kept at the office maintained for such purpose by the Certificate Registrar, which is hereby constituted and appointed the registrar of the City for the Certificates. The City is authorized to prepare, and the Certificate Registrar or such other agent as the City may designate shall keep custody of, multiple Certificate blanks executed by the City for use in the transfer and exchange of Certificates. Subject to the provisions of this Ordinance relating to the Certificates in Book Entry Form, any Certificate may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in this Ordinance. Upon surrender for transfer or exchange of any Certificate at the office of the Certificate Registrar maintained for the purpose, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Certificate Registrar and duly executed by the registered owner or an attorney for such owner duly authorized in writing, the City shall execute and the Certificate Registrar shall authenticate, date, and deliver in the name of the transferee or transferees or, in the case of an exchange, the registered owner, a new fully registered Certificate or Certificates of like tenor, of the same maturity, bearing the same interest rate, of authorized denominations, for a like aggregate principal amount. The Certificate Registrar shall not be required to transfer or exchange any Certificate during the period from the close of business on the Record Date for an interest payment to the opening of business on such interest payment date. The execution by the City of any fully registered Certificate shall constitute full and due authorization of such Certificate; and the Certificate Registrar shall thereby be authorized to authenticate, date and deliver such Certificate;provided, however, the principal amount of Certificates of each maturity authenticated by the Certificate Registrar shall not at any one time exceed the authorized principal amount of Certificates for such maturity less the amount of such Certificates which have been paid. The person in whose name any Certificate shall be registered shall be deemed -12- and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Certificate shall be made only to or upon the order of the registered owner thereof or his or her legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Certificate to the extent of the sum or sums so paid. No service charge shall be made to any registered owner of Certificates for any transfer or exchange of Certificates, but the City or the Certificate Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Certificates. Section 9. Optional Redemption. Those of the Certificates due on or after such date as may be specified in the Certificate Order shall be subject to redemption prior to maturity at the option of the City, from any available funds, on such dates as shall be so specified, and if in part, in the order of maturity as set forth in the Certificate Order, and if less than an entire maturity, in integral multiples of$5,000, selected by lot by the Certificate Registrar as hereinafter provided, at the redemption price of par plus accrued interest to the date fixed for redemption, all as shall be specified in the Certificate Order. Section 10. Redemption Procedure. The City shall, at least 50 days prior to the redemption date (unless a shorter time period shall be satisfactory to the Certificate Registrar), notify the Certificate Registrar of such redemption date and of the maturities and principal amounts of Certificates to be redeemed. For purposes of any redemption of less than all of the Certificates of a single maturity, the particular Certificates or portions of Certificates to be redeemed shall be selected by lot not more than 60 days prior to the redemption date by the Certificate Registrar for the Certificates of such maturity by such method of lottery as the Certificate Registrar shall deem fair and appropriate;provided, that such lottery shall provide for the selection for redemption of Certificates or portions thereof so that any $5,000 Certificate or -13- $5,000 portion of a Certificate shall be as likely to be called for redemption as any other such $5,000 Certificate or$5,000 portion. The Certificate Registrar shall promptly notify the City and the Paying Agent in writing of the Certificates or portions of Certificates selected for redemption and, in the case of any Certificate selected for partial redemption, the principal amount thereof to be redeemed. Unless waived by the registered owner of Certificates to be redeemed, official notice of any such redemption shall be given by the Certificate Registrar on behalf of the City by mailing the redemption notice by registered or certified mail not less than 45 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Certificate or Certificates to be redeemed at the address shown on the Certificate Register or at such other address as is furnished in writing by such registered owner to the Certificate Registrar. All official notices of redemption shall include at least the information as follows: (a) the redemption date; (b) the redemption price; (c) if less than all of the outstanding Certificates of a particular maturity are to be redeemed, the identification (and, in the case of partial redemption of Certificates within such maturity, the respective principal amounts) of the Certificates to be redeemed; (d) a statement that on the redemption date the redemption price will become due and payable upon each such Certificate or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date; and (e) the place where such Certificates are to be surrendered for payment of the redemption price, which place of payment shall be the principal corporate trust office of the Paying Agent. -14- Prior to any redemption date, the City shall deposit with the Paying Agent an amount of money sufficient to pay the redemption price of all the Certificates or portions of Certificates which are to be redeemed on that date. Official notice of redemption having been given as aforesaid, the Certificates or portions of Certificates so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price), such Certificates or portions of Certificates shall cease to bear interest. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular registered owner of a Certificate, shall affect the sufficiency of such notice with respect to other registered owners. Notice having been properly given, failure of a registered owner of a Certificate to receive such notice shall not be deemed to invalidate, limit or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by a registered owner of a Certificate entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by registered owners shall be filed with the Certificate Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Upon surrender of such Certificates for redemption in accordance with said notice, such Certificates shall be paid by the Paying Agent at the redemption price. The procedure for the payment of interest due as part of the redemption price shall be as herein provided for payment of interest otherwise due. Upon surrender for any partial redemption of any Certificate, there shall be prepared for the registered owner a new Certificate or Certificates of like tenor, of authorized denominations, of the same maturity, and bearing the same rate of interest in the amount of the unpaid principal. -15- If any Certificate or portion of a Certificate called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, bear interest from the redemption date at the rate borne by the Certificate or portion of Certificate so called for redemption. All Certificates which have been redeemed shall be cancelled and destroyed by the Certificate Registrar and shall not be reissued. Section 11. Form of Certificate. The Certificates shall be in substantially the form hereinafter set forth; provided, however, that if the text of the Certificates is to be printed in its entirety on the front side of the Certificates, then the second paragraph on the front side and the legend "See Reverse Side for Additional Provisions shall be omitted and the text of paragraphs set forth for the reverse side shall be inserted immediately after the first paragraph. -16- [FORM OF CERTIFICATE - FRONT SIDE] REGISTERED REGISTERED No. $ UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF KENDALL UNITED CITY OF YORKVILLE DEBT CERTIFICATE, SERIES 2003A See Reverse Side for Additional Provisions. Interest Maturity Dated Rate: % Date: February 1, 20_ Date: September 1, 2003 CUSIP: Registered Owner: Principal Amount: Dollars KNOW ALL PERSONS BY THESE PRESENTS that the United City of Yorkville, Kendall County, Illinois, a municipality and political subdivision of the State of Illinois (the "City"), hereby acknowledges itself to owe and for value received promises to pay from the source and as hereinafter provided to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the la+Pr of the Dated Date of this Certificate identified above or from the most recent interest payment date to which interest has been paid or duly provided for, at the Interest Rate per annum identified above, such interest to be payable on February 1 and August 1 of each year, commencing February 1, 2004, until said Principal Amount is paid or duly provided for. The principal of this Certificate is payable in lawful money of the United States of America upon presentation hereof at the office maintained for such purpose of U.S. Bank National Association, St. Louis, Missouri, as paying agent and registrar (the "Certificate Registrar"). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the -17- City maintained by the Certificate Registrar at the close of business on the applicable Record Date (the "Record Date"). The Record Date shall be the 15th day preceding any regular interest payment date and the 15th day preceding any interest payment date occasioned by the redemption of Certificates on other than an interest payment date. Interest shall be paid by check or draft of the Certificate Registrar, payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Certificate Registrar. Reference is hereby made to the further provisions of this Certificate set forth on the reverse hereof, and such further provisions shall for all purposes have the same effect as if set forth at this place. It is hereby certified and recited that all conditions, acts, and things required by the Constitution and Laws of the State of Illinois to exist or to be done precedent to and in the issuance of this Certificate, including Applicable Law as defined herein, have existed and have been properly done, happened, and been performed in regular and due form and time as required by law; that the obligation to make payments due hereon are a lawful direct general obligation of the City payable from the corporate funds of the City and such other sources of payment as are otherwise lawfully available; that the total amount due under the Agreement, represented by the Certificates, together with all other indebtedness of the City, is within all statutory and constitutional debt limitations; and that the City shall appropriate funds annually and in a timely manner so as to provide for the making of all payments hereon when due. THE OWNER OF THIS CERTIFICATE ACKNOWLEDGES THAT THERE IS NO STATUTORY AUTHORITY FOR THE LEVY OF A SEPARATE TAX IN ADDITION TO OTHER TAXES OF THE CITY OR THE LEVY OF A SPECIAL TAX UNLIMITED AS TO RATE OR AMOUNT TO PAY ANY OF THE AMOUNTS DUE HEREUNDER. -18- This Certificate shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Certificate Registrar. IN WITNESS WHEREOF, the United City of Yorkville, Kendall County, Illinois, by its City Council, has caused this Certificate to be signed by the manual or duly authorized facsimile signature of the Mayor on behalf of the City and the City Clerk and its corporate seal or a facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above. Mayor, United City of Yorkville Kendall County, Illinois ATTEST: City Clerk, United City of Yorkville Kendall County, Illinois [SEAL] Date of Authentication: , 20_ CERTIFICATE Certificate Registrar and Paying Agent: OF U.S. Bank National Association, AUTHLNTICATION St. Louis, Missouri This Certificate is one of the Certificates described in the within-mentioned Ordinance and is one of the Debt Certificates, Series 2003A, having a Dated Date of September 1, 2003, of the United City of Yorkville, Kendall County, Illinois. U.S. BANK NATIONAL ASSOCIATION, as Certificate Registrar By Authorized Officer -19- [FORM OF CERTIFICATE-REVERSE SIDE] This Certificate is one of a series (the "Certificates") in the aggregate principal amount of$2,035,000 issued by the City for the purpose of providing funds to pay part of the cost of the Project and Related Expenses, all as described and defined in the ordinance authorizing the Certificates (the "Ordinance"), pursuant to and in all respects in compliance with the applicable provisions of the Illinois Municipal Code, as supplemented and amended, and in particular as PPP supplemented by the Local Government Debt Reform Act of the State of Illinois, as amended, and the other Omnibus Bond Acts of the State of Illinois ("Applicable Law"), and with the Ordinance, which has been duly passed by the City Council of the City on the 26th day of August, 2003, and approved by the Mayor, in all respects as by law required. The Certificates issued by the City in connection with the Project have been issued in evidence of the indebtedness incurred pursuant to a certain Installment Purchase Agreement (the "Agreement"), dated as of the 1st day of September, 2003, entered into by and between the City and its City Treasurer, as Seller-Nominee, to which reference is hereby expressly made for further definitions and terms and to all the provisions of which the holder by the acceptance of this certificate assents. This Certificate is subject to provisions relating to registration, transfer, and exchange; and such other terms and provisions relating to security and payment as are set forth in the Ordinance; to which reference is hereby expressly made; and to all the terms of which the registered owner hereof is hereby notified and shall be subject. The Certificates due February 1, 2014, and thereafter are subject to redemption prior to maturity at the option of the City, from any available funds, in whole or in part on any interest payment date on or after February 1, 2013, and if in part, in inverse order of maturity, and if less than an entire maturity, in integral multiples of $5,000, selected by lot by the Certificate -20- Registrar as hereinafter provided, at the redemption price of the principal amount being redeemed plus accrued interest to the date fixed for redemption. Unless waived by the Registered Owner of Certificates to be redeemed, notice of any such redemption shall be given by the Certificate Registrar on behalf of the City by mailing the redemption notice by registered or certified mail not less than 45 days and not more than 60 days prior to the date fixed for redemption to each Registered Owner of the Certificate or Certificates to be redeemed at the address shown on the Certificate Register or at such other address as is furnished in writing by such Registered Owner to the Certificate Registrar. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular Registered Owner of a Certificate, shall affect the sufficiency of such notice with respect to other Registered Owners. Notice having been properly given, failure of a Registered Owner of a Certificate to receive such notice shall not be deemed to invalidate, limit or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by a Registered Owner of a Certificate entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Notice of redemption having been given as aforesaid, the Certificates or portions of Certificates so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Certificates or portions of Certificates shall cease to bear interest. Upon surrender of such Certificates for redemption in accordance with said notice, such Certificates shall be paid by the Certificate Registrar at the redemption price. The procedure for the payment of interest due as part of the redemption price shall be as herein provided for payment of interest otherwise due. Upon surrender for any partial redemption of any Certificate, there shall be prepared for the Registered -21- Owner a new Certificate or Certificates of like tenor, of authorized denominations, of the same maturity, and bearing the same rate of interest in the amount of the unpaid principal. The City and the Certificate Registrar may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and neither the City nor the Certificate Registrar shall be affected by any notice to the contrary. ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto [Here insert identifying number such as TID, SSN, or other] (Name and Address of Assignee) the within Certificate and does hereby irrevocably constitute and appoint as attorney to transfer the said Certificate on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: The signature to this assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Certificate in every particular, without alteration or enlargement or any change whatever. Section 12. Sale of Certificates. The Certificates hereby authorized shall be sold and executed as in this Ordinance provided as soon after the passage hereof as may be, and thereupon be deposited with the City Treasurer, and be by said Treasurer delivered to the Purchaser upon receipt of the Purchase Price plus accrued interest to date of delivery. The Local Government -22- Securities Purchase Agreement for the sale of the Certificates, substantially in such form attached hereto as EXHIBIT A (the "Purchase Contract"), is hereby approved and confirmed, it being hereby found and determined that the Purchase Contract is in the best interests of the City and that no person holding an office of the City either by election or appointment, is in any manner financially interested directly in his or her own name or indirectly in the name of any other person, association, trust or corporation, in said contract for the purchase of the Certificates. The Designated Officers are hereby authorized (i) to execute the Purchase Contract, with such revisions and insertions as they shall deem necessary, and (ii) to execute the Certificate Order, their execution thereof to constitute ratification and approval thereof by the Corporate Authorities with no further official action whatsoever. The Certificate Order shall be presented by the City Clerk to the Corporate Authorities at the first regularly-scheduled meeting of the Corporate Authorities following execution thereof but such presentation shall be for informational purposes only, it being the express intent of the Corporate Authorities to authorize the Designated Officers to accept the terms of the Certificates and to bind the City thereto, all as set forth herein and in the Certificate Order. A copy of the Certificate Order as executed shall be filed forthwith in the official records and files of the Corporate Authorities. Section 13. Creation of Funds and Appropriations. A. There is hereby created the "Debt Certificates, Series 2003A, Certificate Fund" (the "Certificate Fund"), which shall be the fund for the payment of the principal of and interest on the Certificates. Accrued interest and premium, if any, received upon delivery of the Certificates shall be deposited into the Certificate Fund and be applied to pay the first interest coming due on the Certificates. Funds lawfully available for the purpose shall be deposited into the Certificate Fund and used solely and only for the purpose of paying the principal of and interest on the Certificates. Interest income or investment profit earned in the Certificate Fund shall be retained in the Certificate Fund for payment of the principal of or interest on the Certificates on the interest payment date next after such interest or profit is received or, to the extent lawful and as -23- determined by the Corporate Authorities, transferred to such other fund as may be determined. Moneys in the Certificate Fund shall be applied to pay principal of and interest on the Certificates when due. B. The amount necessary from the proceeds of the Certificates shall be used either to pay expenses directly at the time of issuance of the Certificates or be deposited into a separate fund, hereby created, designated the "Expense Fund," to be used to pay expenses of issuance of the Certificates. Disbursements from such fund shall be made from time to time as necessary. Moneys not disbursed from the Expense Fund within six (6) months shall be transferred by the appropriate financial officers for deposit into the Project Fund, and any deficiencies in the Expense Fund shall be paid by disbursement from the Project Fund. C. The remaining proceeds of the Certificates shall be deposited into the Project Fund (the "Project Fund"), hereby created. Moneys in the Project Fund shall be used to pay costs of the Project in accordance with the following procedures: 1. Contracts ("Work Contracts") shall be entered into by the City or awarded, from time to time, by the Corporate Authorities for work on the Project; and the Corporate Authorities represent and covenant that each Work Contract will be entered into in strict accordance with Applicable Law and the rules and procedures of the City for same. 2. Pursuant to ordinance or resolution to be duly adopted, the Corporate Authorities shall identify all or a designated portion of each Work Contract to the Agreement. This Ordinance and any such further ordinance or resolution shall be filed of record with the Clerk and the Treasurer. The adoption and filing of any such ordinance or resolution and the Work Contracts with such officers shall constitute authority for the officer or officers of the City to make disbursements from the Project Fund to pay -24- amounts due under such Work Contracts from time to time, upon such further resolutions, orders, vouchers, warrants or other proceedings as are required under Applicable Law and the rules and procedures of the City for same. No action need be taken by or with respect to the sellers under the Work Contracts as, pursuant to the Installment Purchase Provisions of the Debt Reform Act, the Treasurer acts as Nominee- Seller of the Project for all purposes, enabling the issuance of the Certificates. Funds on deposit in the Project Fund shall be invested by the appropriate officers of the City in any lawful manner. Investment earnings shall first be reserved and transferred to such other account as and to the extent necessary to pay any "excess arbitrage profits" or"penalty in lieu of rebate" under Code Section 148 to maintain the Tax-exempt status of the Certificates, and the remainder shall be retained in the fund for costs of the Project. Within sixty (60) days after full depletion of the Project Fund, the appropriate offices of the City shall certify to the Corporate Authorities the fact of such depletion; and, upon approval of such certification by the Corporate Authorities, the Project Fund shall be closed. D. Alternatively to the creation of the funds described above, the appropriate officers may allocate the Certificate Moneys or proceeds of the Certificates to one or more related funds of the City already in existence and in accordance with good accounting practice; provided, however, that this shall not relieve such officers of the duty to account and invest the Certificate Moneys and the proceeds of the Certificates, as herein provided, as if such funds had in fact been created. Section 14. Non-Arbitrage and Tax-Exemption. One purpose of this Section is to set forth various facts regarding the Certificates and to establish the expectations of the Corporate Authorities and the City as to future events regarding the Certificates and the use of Certificate -25- proceeds. The certifications, covenants and representations contained herein and at the time of the Closing are made on behalf of the City for the benefit of the owners from time to time of the Certificates. In addition to providing the certifications, covenants and representations contained herein, the City hereby covenants that it will not take any action, omit to take any action or permit the taking or omission of any action within its control (including, without limitation, making or permitting any use of the proceeds of the Certificates) if taking, permitting or omitting to take such action would cause any of the Certificates to be an arbitrage bond or a private activity bond within the meaning of the Code or would otherwise cause the interest on the Certificates to be included in the gross income of the recipients thereof for federal income tax purposes. The City acknowledges that, in the event of an examination by the Internal Revenue Service of the exemption from federal income taxation for interest paid on the Certificates, under present rules, the City is treated as the "taxpayer" in such examination and agreesthat it will respond in a commercially reasonable manner to any inquiries from the Internal Revenue Service in connection with such an examination. The Corporate Authorities and the City certify, covenant and represent as follows: 1.1. Definitions. In addition to such other words and terms used and defined in this Ordinance, the following words and terms used in this Section shall have the following meanings unless, in either case, the context or use clearly indicates another or different meaning is intended: "Bond Counsel" means Chapman and Cutler LLP or any other nationally recognized firm of attorneys experienced in the field of municipal bonds whose opinions are generally accepted by purchasers of municipal bonds. "Capital Expenditures" means costs of a type that would be properly chargeable to a capital account under the Code (or would be so chargeable with a proper election) under federal income tax principles if the City were treated as a corporation subject to federal income taxation, taking into account the definition of Placed-in-Service set forth herein. "Closing" means the first date on which the City is receiving the purchase price for the Certificates. -26- "Code" means the Internal Revenue Code of 1986, as amended. "Commingled Fund" means any fund or account containing both Gross Proceeds and an amount in excess of $25,000 that are not Gross Proceeds if the amounts in the fund or account are invested and accounted for, collectively, without regard to the source of funds deposited in the fund or account. An open-ended regulated investment company under Section 851 of the Code is not a Commingled Fund. "Control" means the possession, directly or indirectly through others, of either of the following discretionary and non-ministerial rights or powers over another entity: (a) to approve and to remove without cause a controlling portion of the governing body of a Controlled Entity; or (b) to require the use of funds or assets of a Controlled Entity for any purpose. "Controlled Entity" means any entity or one of a group of entities that is subject to Control by a Controlling Entity or group of Controlling Entities. "Controlled Group" means a group of entities directly or indirectly subject to Control by the same entity or group of entities, including the entity that has Control of the other entities. "Controlling Entity" means any entity or one of a group of entities directly or indirectly having Control of any entities or group of entities. "Costs of Issuance" means the costs of issuing the Certificates, including underwriters' discount and legal fees. "De minimis Amount of Original Issue Discount or Premium" means with respect to an obligation (a) any original issue discount or premium that does not exceed two percent of the stated redemption price at maturity of the Certificates plus (b) any original issue premium that is attributable exclusively to reasonable underwriter's compensation. "External Commingled Fund" means a Commingled Fund in which the City and all members of the same Controlled Group as the City own, in the aggregate, not more than ten percent of the beneficial interests. "GIC" means (a) any investment that has specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate and (b) any agreement to supply investments on two or more future dates (e.g., a forward supply contract). "Gross Proceeds" means amounts in the Certificate Fund and the Project Fund. -27- "Net Sale Proceeds" means amounts actually or constructively received from the sale of the Certificates reduced by any such amounts that are deposited in a reasonably required reserve or replacement fund for the Certificates. "Person" means any entity with standing to be sued or to sue, including any natural person, corporation, body politic, governmental unit, agency, authority, partnership, trust, estate, association, company, or group of any of the above. "Placed-in-Service" means the date on which, based on all facts and circumstances (a) a facility has reached a degree of completion that would permit its operation at substantially its design level and (b) the facility is, in fact, in operation at such level. "Private Business Use" means any use of the Project by any Person other than a state or local government unit, including as a result of (i) ownership, (ii) actual or beneficial use pursuant to a ?.ease or a management, service, incentive payment, research or output contract or (iii) any other similar arrangement, agreement or understanding, whether written or oral, except for use of the Project on the same basis as the general public. Private Business Use includes any formal or informal arrangement with any person other than a state or local governmental unit that conveys special legal entitlements to any portion of the Project that is available for use by the general public or that conveys to any person other than a state or local governmental unit any special economic benefit with respect to any portion of the Project that is not available for use by the general public. "Qualified Administrative Costs of Investments" means (a) reasonable, direct administrative costs (other than carrying costs) such as separately stated brokerage or selling commissions (other than a broker's commission paid on behalf of either the City or the provider of a GIC to the extent such commission exceeds the lesser of a reasonable amount or the present value of annual payments equal to 0.05 percent of the weighted average amount reasonably expected to be invested each year of the term of the GIC (for this purpose, present value is computed using the yield on the GIC), but not legal and accounting fees, recordkeeping, custody and similar costs; or (b) all reasonable administrative costs, direct or indirect, incurred by a publicly offered regulated investment company or an External Commingled Fund. "Qualified Tax Exempt Obligations" means (a) any obligation described in Section 103(a) of the Code, the interest on which is excludable from gross income of the owner thereof for federal income tax purposes and is not an item of tax preference for purposes of the alternative minimum tax imposed by Section 55 of the Code; (b) an interest in a regulated investment company to the extent that at least ninety-five percent of the income to the holder of the interest is interest which is excludable from gross income under Section 103 of the Code of any owner thereof for federal income tax purposes and is not an item of tax preference for purposes of the alternative minimum tax imposed by Section 55 of the Code; and (c) certificates of indebtedness issued by the -28- United States Treasury pursuant to the Demand Deposit State and Local Government Series program described in 31 C.F.R. part 344. "Rebate Fund" means the fund, if any, identified and defined in paragraph 4.2 herein. "Rebate Provisions" means the rebate requirements contained in Section 148(f) of the Code and in the Regulations. "Regulations" means United States Treasury Regulations dealing with the tax- exempt bond provisions of the Code. "Reimbursed Expenditures" means expenditures of the City paid prior to Closing to which Sale Proceeds or investment earnings thereon are or will be allocated. "Sale Proceeds" means amounts actually or constructively received from the sale of the Certificates, including (a) amounts used to pay underwriters' discount or compensation and accrued interest, other than accrued interest for a period not greater than one year before Closing but only if it is to be paid within one year after Closing and (b) amounts derived from the sale of any right that is part of the terms of a Certificate or is otherwise associated with a Certificate (e.g., a redemption right). "Yield" means that discount rate which when used in computing the present value of all payments of principal and interest paid and to be paid on an obligation (using semiannual compounding on the basis of a 360-day year) produces an amount equal to the obligation's purchase price (or in the case of the Certificates, the issue price as established in paragraph 5.1 hereof), including accrued interest. "Yield Reduction Payment" means a rebate payment or any other amount paid to the United States in the same manner as rebate amounts are required to be paid or at such other time or in such manner as the Internal Revenue Service may prescribe that will be treated as a reduction in Yield of an investment under the Regulations. 2.1. Purpose of the Certificates. The Certificates are being issued to finance the Project in a prudent manner consistent with the revenue needs of the City. A breakdown of the sources and uses of funds is set forth in the preceding Section of this Ordinance. At least 75% of the sum of (i) Sale Proceeds plus (ii) investment earnings thereon, less (iii) Costs of Issuance paid from Sale Proceeds or investment earnings thereon, less (iv) Sale Proceeds or investment earnings thereon deposited in a reasonably required reserve or replacement fund, are expected to be used for construction purposes with respect to property owned by a governmental unit or a Section 501(c)(3) organization. Except for any accrued interest on the Certificates used to pay first interest due on the Certificates, no proceeds of the Certificates will be used more than 30 days after the date of issue of the Certificates for the purpose of paying any principal or interest on any issue of bonds, notes, certificates or warrants or on any installment contract or other obligation of the City or for the purpose of replacing any funds of the City used for such purpose. -29- 2.2. The Project — Binding Commitment and Timing. The City has incurred or will, within six months of the Closing, incur a substantial binding obligation (not subject to contingencies within the control of the City or any member of the same Controlled Group as the City) to a third party to expend at least five percent of the Net Sale Proceeds on the Project. It is expected that the work of acquiring and constructing the Project and the expenditure of amounts deposited into the Project Fund will continue to proceed with due diligence through August 1, 2006, at which time it is anticipated that all Sale Proceeds and investment earnings thereon will have been spent. 2.3. Reimbursement. None of the Sale Proceeds or investment earnings thereon will be used for Reimbursed Expenditures. 2.4. Working Capital. All Sale Proceeds and investment earnings thereon will be used, directly or indirectly, to finance Capital Expenditures other than the following: (a) an amount not to exceed five percent of the Sale Proceeds for working capital expenditures directly related to Capital Expenditures financed by the Certificates; (b) payments of interest on the Certificates for a period commencing at Closing and ending on the later of the date three years after Closing or one year after the date on which the Project is Placed-in-Service; (c) Costs of Issuance and Qualified Administrative Costs of Investments; (d) payments of rebate or Yield Reduction Payments made to the United States under the Regulations; (e) principal of or interest on the Certificates paid from unexpected excess Sale Proceeds and investment earnings thereon; (f) fees for a qualified guarantee within the meaning of Treas. Reg. Section 1.148-4(f); and (g) investment earnings that are commingled with substantial other revenues and are expected to be allocated to expenditures within six months. No Gross Proceeds may be spent for non-capital purposes pursuant to Section 2.4 hereof if the expenditure merely substitutes Gross Proceeds for other amounts that would have been used to make expenditures in a manner that gives rise to Replacement Proceeds. 2.5. Consequences of Contrary Expenditure. The City acknowledges that if Sale Proceeds and investment earnings thereon are spent for non-Capital Expenditures other than as permitted by paragraph 2.4 hereof, a like amount of then available funds of the City will be treated as unspent Sale Proceeds. -30- 2.6. Investment of Certificate Proceeds. Not more than 50% of the Sale Proceeds and investment earnings thereon are or will be invested in investments (other than Qualified Tax Exempt Obligations) having a Yield that is substantially guaranteed for four years or more. No portion of the Certificates is being issued solely for the purpose of investing a portion of Sale Proceeds or investment earnings thereon at a Yield higher than the Yield on the Certificates. It is expected that the Sale Proceeds deposited into the Project Fund, including investment earnings on the Project Fund, will be spent to pay costs of the Project and interest on the Certificates not later than the date set forth in paragraph 2.2 hereof, the investment earnings on the Certificate Fund will be spent to pay interest on the Certificates, or to the extent permitted by law, investment earnings on amounts in the Project Fund and the Certificate Fund will be commingled with substantial revenues from the governmental operations of the City, and the earnings are reasonably expected to be spent for governmental purposes within six months of the date earned. Interest earnings on the Project Fund and the Certificate Fund have not been earmarked or restricted by the Corporate Authorities for a designated purpose. 2.7. No Grants. None of the Sale Proceeds or investment earnings thereon will be used to make grants to any person. 2.8. Hedges. Neither the City nor any member of the same Controlled Group as the City has entered into or expects to enter into any hedge (e.g., an interest rate swap, interest rate cap, futures contract, forward contract or an option) with respect to the Certificates. The City acknowledges that any such hedge could affect, among other things, the calculation of Certificate Yield under the Regulations. The Internal Revenue Service could recalculate Certificate Yield if the failure to account for the hedge fails to clearly reflect the economic substance of the transaction. 2.9. Internal Revenue Service Audits. The City represents that the Internal Revenue Service has not contacted the City regarding any obligations issued by or on behalf of the City. 3.1. Use of Proceeds. (a) The use of the Sale Proceeds and investment earnings thereon and the funds held under this Ordinance at the time of Closing are described in the preceding Section of this Ordinance. No Sale Proceeds will be used to pre-pay for services or goods prior to the date such services or goods are to be received. (b) Only the funds and accounts described in said Section will be funded at Closing. There are no other funds or accounts created under this Ordinance, other than the Rebate Fund if it is created as provided in paragraph 4.2 hereof. (c) Principal of and interest on the Certificates will be paid from the Certificate Fund. -31- (d) Any Costs of Issuance incurred in connection with the issuance of the Certificates to be paid by the City will be paid at the time of Closing. (e) The costs of the Project will be paid from the Project Fund and no other moneys (except for investment earnings on amounts in the Project Fund) are expected to be deposited therein. 3.2. Purpose of Certificate Fund. The Certificate Fund will be used primarily to achieve a proper matching of revenues and earnings with principal and interest payments on the Certificates in each bond year. It is expected that the Certificate Fund will be depleted at least once a year, except for a reasonable carry over amount not to exceed the greater of (a) the earnings on the investment of moneys in the Certificate Fund for the immediately preceding bond year or (b) 1/12th of the principal and interest payments on the Certificates for the immediately preceding bond year. 3.3. No Other Gros:_Proceeds. . (a) Except for the Certificate Fund and the Project Fund, and except for investment earnings that have been commingled as described in paragraph 2.2 and any credit enhancement or liquidity device related to the Certificates, after the issuance of the Certificates, neither the City nor any member of the same Controlled Group as the City has or will have any property, including cash, securities or will have any property, including cash, securities or any other property held as a passive vehicle for the production of income or for investment purposes, that constitutes: (i) Sale Proceeds; (ii) amounts in any fund and account with respect to the Certificates (other than the Rebate Fund); (iii) amounts that have a sufficiently direct nexus to the Certificates or to the governmental purpose of the Certificates to conclude that the amounts would have been used for that governmental purpose if the Certificates were not used or to be used for that governmental purpose (the mere availability or preliminary earmarking of such amounts for a governmental purpose, however, does not itself establish such a sufficient nexus); (iv) amounts in a debt service fund, redemption fund, reserve fund, replacement fund or any similar fund to the extent reasonably expected to be used directly or indirectly to pay principal of or interest on the Certificates or any amounts for which there is provided, directly or indirectly, a reasonable assurance that the amount will be available to pay principal of or interest on the Certificates or any obligations under any credit enhancement or liquidity device with respect to the Certificates, even if the City encounters financial difficulties; (v) any amounts held pursuant to any agreement (such as an agreement to maintain certain levels of types of assets) made for the benefit of the -32- Certificateholders or any credit enhancement provider, including any liquidity device or negative pledge (e.g., any amount pledged to pay principal of or interest on an issue held under an agreement to maintain the amount at a particular level for the direct or indirect benefit of holders of the Certificates or a guarantor of the bonds); or (vi) amounts actually or constructively received from the investment and reinvestment of the amounts described in (i) or (ii) above. (b) No compensating balance, liquidity account, negative pledge of property held for investment purposes required to be maintained at least at a particular level or similar arrangement exists with respect to, in any way, the Certificates or any credit enhancement or liquidity device related to the Certificates. (c) The term of the Certificates is not longer than is reasonably necessary for the governmental purposes.of.the.Certificates. The average reasonably expected economic life of the Project is at least 40 years. The weighted average maturity of the Certificates does not exceed 20 years and does not exceed 120 percent of the average reasonably expected economic life of the Project. The maturity schedule of the Certificates (the "Principal Payment Schedule") is based on an analysis of revenues expected to be available to pay debt service on the Certificates. The Principal Payment Schedule is not more rapid (i.e., having a lower average maturity) because a more rapid schedule would place an undue burden on tax rates and cause such rates to be increased beyond prudent levels, and would be inconsistent with the governmental purpose of the Certificates as set forth in paragraph 2.1 hereof. 4.1. Compliance with Rebate Provisions. The City covenants to take such actions and make, or cause to be made, all calculations, transfers and payments that may be necessary to comply with the Rebate Provisions applicable to the Certificates. The City will make, or cause to be made, rebate payments with respect to the Certificates in accordance with law. 4.2. Rebate Fund. The City is hereby authorized to create and establish a special fund to be known as the Rebate Fund (the "Rebate Fund"), which, if created, shall be continuously held, invested, expended and accounted for in accordance with this Ordinance. Moneys in the Rebate Fund shall not be considered moneys held for the benefit of the owners of the Certificates. Except as provided in the Regulations, moneys in the Rebate Fund (including earnings and deposits therein) shall be held in trust for payment to the United States as required by the Rebate Provisions and by the Regulations and as contemplated under the provisions of this Ordinance. 4.3. Records. The City agrees to keep and retain or cause to be kept and retained until six years (three years for the records required by paragraph 4.4(c) hereof) after the Certificates are paid in full adequate records with respect to the investment of all Gross Proceeds and amounts in the Rebate Fund. Such records shall include: (a) purchase price; (b) purchase date; (c) type of investment; (d) accrued interest paid; (e) interest rate; -33- (f) principal amount; (g) maturity date; (h) interest payment date; (i) date of liquidation; and (j) receipt upon liquidation. If any investment becomes Gross Proceeds on a date other than the date such investment is purchased, the records required to be kept shall include the fair market value of such investment on the date it becomes Gross Proceeds. If any investment is retained after the date the last Certificate is retired, the records required to be kept shall include the fair market value of such investment on the date the last Certificate is retired. Amounts or investments will be segregated whenever necessary to maintain these records. 4.4. Fair Market Value; Certificates of Deposit and Investment Agreements. The City will continuously invest all amounts on deposit in the Rebate Fund, together with the amounts, if any, to be transferred to the Rebate Fund, in any investment permitted under this Ordinance. The City shall take into account prudent investment standards and the date on which such moneys may be needed. Except as provided in the next sentence, all amounts that constitute Gross Proceeds and all amounts in the Rebate Fund shall be invested at all times to the greatest extent practicable, and no amounts may be held as cash or be invested in zero yield investments other than obligations of the United States purchased directly from the United States. In the event moneys cannot be invested, other than as provided in this sentence due to the denomination, price or availability of investments, the amounts shall be invested in an interest bearing deposit of a bank with a yield not less than that paid to the general public or held uninvested to the minimum extent necessary. Gross Proceeds and any amounts in the Rebate Fund that are invested in certificates of deposit or in guaranteed investment contracts ("GICs") shall be invested only in accordance with the following provisions: (a) Investments in certificates of deposit of banks or savings and loan associations that have a fixed interest rate, fixed payment schedules and substantial penalties for early withdrawal shall be made only if either (i) the Yield on the certificate of deposit (A) is not less than the Yield on reasonably comparable direct obligations of the United States and (B) is not less than the highest Yield that is published or posted by the provider to be currently available from the provider on reasonably comparable certificates of deposit offered to the public or (ii) the investment is an investment in a GIC and qualifies under paragraph (b)below. (b) Investments in GICs shall be made only if (i) the bid specifications are in writing, include all material terms of the bid and are timely forwarded to potential providers (a term is material if it may directly or indirectly affect the yield on the GIC); -34- (ii) the terms of the bid specifications are commercially reasonable (a term is commercially reasonable if there is a legitimate business purpose for the term other than to reduce the yield on the GIC); (iii) all bidders for the GIC have equal opportunity to bid so that, for example, no bidder is given the opportunity to review others bids (a last look) before bidding; (iv) any agent used to conduct the bidding for the GIC does not bid to provide the GIC; (v) at least three of the providers solicited for bids for the GIC are reasonably competitive providers of investments of the type purchased (i.e., providers that have established industry reputations as competitive providers of the type of investments being purchased); (vi) at least three of the entities that submit a bid do not have a financial interest in the Certificates; (vii) at least one of the entities that provided a bid is a reasonably competitive provider that does not have a financial interest in the Certificates; (viii) the bid specifications include a statement notifying potential providers that submission of a bid is a representation that the potential provider did not consult with any other provider about its bid, that the bid was determined without regard to any other formal or informal agreement that the potential provider has with the City or any other person (whether or not in connection with the Certificates) and that the bid is not being submitted solely as a courtesy to the City or any other person for purposes of satisfying the federal income tax requirements relating to the bidding for the GIC; (ix) the determination of the terms of the GIC takes into account the reasonably expected deposit and drawdown schedule for the amounts to be invested; (x) the highest-yielding GIC for which a qualifying bid is made (determined net of broker's fees) is in fact purchased; and (xi) the obligor on the GIC certifies the administrative costs that it is paying or expects to pay to third parties in connection with the GIC. (c) If a GIC is purchased, the City will retain the following records with its bond documents until three years after the Certificates are redeemed in their entirety: -35- (i) a copy of the GIC; (ii) the receipt or other record of the amount actually paid for the GIC, including a record of any administrative costs paid, and the certification under subparagraph (b)(xi) of this paragraph; (iii) for each bid that is submitted,the name of the person and entity submitting the bid, the time and date of the bid, and the bid results; and (iv) the bid solicitation form and, if the terms of the GIC deviated from the bid solicitation form or a submitted bid is modified, a brief statement explaining the deviation and stating the purpose for the deviation. Moneys to be rebated to the United States shall be invested to mature on or prior to the anticipated rebate payment date. All investments made with Gross Proceeds or amounts in the Rebate Fund shall be bought and sold at fair market value. The fair market value of an investment is the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm's length transaction. Except for investments specifically described in this Section and United States Treasury obligations that are purchased directly from the United States Treasury, only investments that are traded on an established securities market, within the meaning of regulations promulgated under Section 1273 of the Code, will be purchased with Gross Proceeds. In general, an "established securities market" includes: (i)property that is listed on a national securities exchange, an interdealer quotation system or certain foreign exchanges; (ii) property that is traded on a Commodities Futures Trading Commission designated board of trade or an interbank market; (iii) property that appears on a quotation medium; and (iv) property for which price quotations are readily available from dealers and brokers. A debt instrument is not treated as traded on an established market solely because it is convertible into property which is so traded. An investment of Gross Proceeds in an External Commingled Fund shall be made only to the extent that such investment is made without an intent to reduce the amount to be rebated to the United States Government or to create a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the rebate or Yield restriction requirements not been relevant to the City. An investment of Gross Proceeds shall be made in a Commingled Fund other than an External Commingled Fund only if the investments made by such Commingled Fund satisfy the provisions of this paragraph. A single investment, or multiple investments awarded to a provider based on a single bid may not be used for funds subject to different rules relating to rebate or yield restriction. The foregoing provisions of this paragraph satisfy various safe harbors set forth in the Regulations relating to the valuation of certain types of investments. The safe harbor -36- provisions of this paragraph are contained herein for the protection of the City, who has covenanted not to take any action to adversely affect the tax-exempt status of the interest on the Certificates. The City will contact Bond Counsel if it does not wish to comply with the provisions of this paragraph and forego the protection provided by the safe harbors provided herein. 4.5. Arbitrage Elections. The President, Treasurer and Clerk of the City are hereby authorized to execute one or more elections regarding certain matters with respect to arbitrage. 5.1. Issue Price. For purposes of determining the Yield on the Certificates, the purchase price of the Certificates is equal to the first offering price (including accrued interest) at which the Purchaser sold at least ten percent of the principal amount of each maturity of the Certificates to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters, placement agents or wholesalers). All of the Certific?teshave been the subject of a bona fide initial offering to the public (excluding bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters, placement agents or wholesalers) at prices equal to those set forth in the Official Statement. Based upon prevailing market conditions, such prices are not less than the fair market value of each Certificate as of the sale date for the Certificates. 5.2. Yield Limits. (a) Except as provided in paragraph (b) or (c), all Gross Proceeds shall be invested at market prices and at a Yield (after taking into account any Yield Reduction Payments) not in excess of the Yield on the Certificates plus, if only for amounts in the Project Fund are subject to this yield limitation, 1/8th of one percent. The following may be invested without Yield restriction: (b)(i) amounts on deposit in the Certificate Fund (except for capitalized interest) that have not been on deposit under the Ordinance for more than 13 months, so long as the Certificate Fund continues to qualify as a bona fide dbt service fund as described in paragraph 3.2 hereof; (ii) amounts on deposit in the Project Fund that are reasonably expected to pay for the costs of the Project, costs of issuance of the Certificates, or interest on the Certificates during the three year period beginning on the date of issue of the Certificates prior to three years after Closing; (iii) amounts in the Certificate Fund to be used to pay capitalized interest on the Certificates prior to the earlier of three years after Closing or the payment of all capitalized interest; (c)(i) An amount not to exceed the lesser of$100,000 or five percent of the Sale Proceeds; -37- (ii) amounts invested in Qualified Tax Exempt Obligations (to the extent permitted by law and this Ordinance); (iii) amounts in the Rebate Fund; (iv) all amounts other than Sale Proceeds for the first 30 days after they become Gross Proceeds; and (v) all amounts derived from the investment of Sale Proceeds or investment earnings thereon for a period of one year from the date received. 5.3. Continuing Nature of Yield Limits. Except as provided in paragraph 7.9 hereof, once moneys are subject to the Yield limits of paragraph 5.2 hereof, such moneys remain Yield restricted until they cease to be Gross Proceeds. 5.4. Federal Guarantees.. Exceptfor investments meeting the requirements of paragraph 5.2(b) hereof, investments of Gross Proceeds shall not be made in (a) investments constituting obligations of or guaranteed, directly or indirectly, by the United States (except obligations of the United States Treasury, or investments in obligations issued pursuant to Section 21B(d)(3) of the Federal Home Loan Bank, as amended (e.g., Refcorp Strips)); or (b) federally insured deposits or accounts (as defined in Section 149(b)(4)(B) of the Code). Except as otherwise permitted in the immediately prior sentence and in the Regulations, no portion of the payment of principal or interest on the Certificates or any credit enhancement or liquidity device relating to the foregoing is or will be guaranteed, directly or indirectly (in whole or in part), by the United States (or any agency or instrumentality thereof), including a lease, incentive payment, research or output contract or any similar arrangement, agreement or understanding with the United States or any agency or instrumentality thereof. No portion of the Gross Proceeds has been or will be used to make loans the payment of principal or interest with respect to which is or will be guaranteed (in whole or in part) by the United States (or any agency or instrumentality thereof). Neither this paragraph nor paragraph 5.5 hereof applies to any guarantee by the Federal Housing Administration, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Student Loan Marketing Association or the Bonneville Power Administration pursuant to the Northwest Power Act (16 U.S.C. 839d) as in effect on the date of enactment of the Tax Reform Act of 1984. 5.5. Investments After the Expiration of Temporary Periods, Etc. After the expiration of the temporary period set forth in paragraph 5.2(b)(ii) hereof, amounts in the Project Fund may not be invested in (i) federally insured deposits or accounts (as defined in Section 149(b)(4)(B) of the Code) or (ii) investments constituting obligations of or guaranteed, directly or indirectly, by the United States (except obligations of the United States Treasury or investments in obligations issued pursuant to Section 21B(d)(3) of the Federal Home Loan Bank Act, as amended (e.g., Refcorp Strips). Any other amounts that are subject to the yield limitation in paragraph 5.2(a) hereof because paragraph 5.2(b) hereof is not applicable and amounts not subject to yield restriction only because they are -38- described in paragraph 5.2(c) hereof, are also subject to the limitation set forth in the preceding sentence. 6.1. Payment and Use Tests. (a) No more than five percent of the Sale Proceeds plus investment earnings thereon will be used, directly or indirectly, in whole or in part, in any Private Business Use. The City acknowledges that, for purposes of the preceding sentence, Gross Proceeds used to pay costs of issuance and other common costs (such as capitalized interest and fees paid for a qualified guarantee or qualified hedge) or invested in a reserve or replacement fund must be ratably allocated among all the purposes for which Gross Proceeds are being used. (b) The payment of more than five percent of the principal of or the interest on the Certificates will not be, directly or indirectly (i) secured by any interest in (A)property used or to be used in any Private Business Use or(B) payments in respect of such property or (ii) on a present value basis, derived from payments (whether or not to the City or a member of the same.Controlled Group as the City) in respect of property, or borrowed money, used or to be used in any Private Business Use. (c) No more than the lesser of five percent of the sum of the Sale Proceeds and investment earnings thereon or$5,000,000 will be used, directly or indirectly, to make or finance loans to any persons. The City acknowledges that, for purposes of the preceding sentence, Gross Proceeds used to pay costs of issuance and other common costs (such as capitalized interest and fees paid for a qualified guarantee or qualified hedge) or invested in a reserve or replacement fund must be ratably allocated among all the purposes for which Gross Proceeds are being used. (d) No user of the Project other than a state or local governmental unit will use more than five percent of the Project, in the aggregate, on any basis other than the same basis as the general public. (e) No more than the lesser of five percent of the proceeds of the Certificates or $5.900,000 have been or will be used to provide professional sports facilities. For . purposes of this paragraph, the term "professional sports facilities" (i) means real property or related improvements used for professional sports exhibitions, games or training,regardless of whether the admission of the public or press is allowed or paid and (ii) includes any use of a facility that generates a direct or indirect monetary benefit (other than reimbursement for out-of-pocket expenses) for a person who uses such facilities for professional sport exhibitions, games or training. 6.2. I.R.S. Form 8038-G. The information contained in the Information Return for Tax-Exempt Governmental Obligations, Form 8038-G, is true and complete. The City will file Form 8038-G (and all other required information reporting forms) in a timely manner. 7.1. Termination;Interest of City in Rebate Fund. The terms and provisions set forth in this Section shall terminate at the later of (a) 75 days after the Certificates have -39- been fully paid and retired or (b) the date on which all amounts remaining on deposit in the Rebate Fund, if any, shall have been paid to or upon the order of the United States and any other payments required to satisfy the Rebate Provisions of the Code have been made to the United States. Notwithstanding the foregoing, the provisions of paragraph 4.3 hereof shall not terminate until the sixth anniversary of the date the Certificates are fully paid and retired, and the provisions of paragraph 4.4(c) hereof shall not terminate until the third anniversary of the date the Certificates are fully paid and retired. 7.2. No Common Plan of Financing. Since a date that is 15 days prior to the date of sale of the Certificates by the City to the Purchaser, neither the City nor any member of the same Controlled Group as the City has sold or delivered any obligations other than the Certificates that are reasonably expected to be paid out of substantially the same source of funds as the Certificates. Neither the City nor any member of the same Controlled Group as the City will sell or deliver within 15 days after the date hereof any obligations other than the Certificates that,are reasonably expected to be paid out of substantially the same source of funds as the Certificates. 7.3. No Sale of the Project. (a) Other than as provided in the next sentence, neither the Project nor any portion thereof has been, is expected to be, or will be sold or otherwise disposed of, in whole or in part, prior to the earlier of (i) the last date of the reasonably expected economic life to the City of the property (determined on the date of issuance of the Certificates) or (ii) the last maturity date of the Certificates. The City may dispose of personal property in the ordinary course of an established government program prior to the earlier of(i) the last date of the reasonably expected economic life to the City of the property (determined on the date of issuance of the Certificates) or (ii) the last maturity of the Certificates, provided: (A) the weighted average maturity of the Certificates financing the personal property is not greater than 120 percent of the reasonably expected actual use of that property for governmental purposes; (B) the City reasonably expects on the issue date that the fair market value of that property on the date of disposition will be not greater than 25 percent of its cost; (C) the property is no longer suitable for its governmental purposes on the date of disposition; and (D) the City deposits amounts received from the disposition in a commingled fund with substantial tax or other governmental revenues and the City reasonably expects to spend the amounts on governmental programs within six months from the date of the commingling. (b) The City acknowledges that if Certificate-financed property is sold or otherwise disposed of in a manner contrary to (a) above, such sale or disposition may constitute a "deliberate action" within the meaning of the Regulations that may require remedial actions to prevent the Certificates from becoming private activity bonds. The City shall promptly contact Bond Counsel if a sale or other disposition of bond-financed property is considered by the City. 7.4. Purchase of Certificates by City. The City will not purchase any of the Certificates except to cancel such Certificates. -40- 7.5. First Call Date Limitation. The period between the date of Closing and the first call date of the Certificates is not more than 10-1/2 years. 7.6. Registered Form. The City recognizes that Section 149(a) of the Code requires the Certificates to be issued and to remain in fully registered form in order that interest thereon be exempt from federal income taxation under laws in force at the time the Certificates are delivered. In this connection, the City agrees that it will not take any action to permit the Certificates to be issued in, or converted into, bearer or coupon form. 7.7. First Amendment. The City acknowledges and agrees that it will not use, or allow the Project to be used, in a manner which is prohibited by the Establishment of Religion Clause of the First Amendment to the Constitution of the United States of America or by any comparable provisions of the Constitution of the State of Illinois. 7.8. Future Events. The City acknowledges that any changes in facts or expectations from those set forth hereinmay result in different Yield restrictions or rebate requirements from those set forth herein. The City shall promptly contact Bond Counsel if such changes do occur. 7.9. Permitted Changes; Opinion of Bond Counsel. The Yield restrictions contained in paragraph 5.2 hereof or any other restriction or covenant contained herein need not be observed or may be changed if such nonobservance or change will not result in the loss of any exemption for the purpose of federal income taxation to which interest on the Certificates is otherwise entitled and the City receives an opinion of Bond Counsel to such effect. 7.10. Successors and Assigns. The terms,provisions, covenants and conditions of this Section shall bind and inure to the benefit of the respective successors and assigns of the Corporate Authorities and the City. 7.11. Expectations. The Corporate Authorities has reviewed the facts, estimates and.circumetances in existence on the date of issuance of the Certificates. Such facts, estimates and circumstances, together with the expectations of the City as to future events, are set forth in summary form in this Section. Such facts and estimates are true and are not incomplete in any material respect. On the basis of the facts and estimates contained herein, the City has adopted the expectations contained herein. On the basis of such facts, estimates, circumstances and expectations, it is not expected that Sale Proceeds, investment earnings thereon or any other moneys or property will be used in a manner that will cause the Certificates to be arbitrage bonds within the meaning of the Rebate Provisions and the Regulations. Such expectations are reasonable and there are no other facts, estimates and circumstances that would materially change such expectations. The City also agrees and covenants with the purchasers and holders of the Certificates from time to time outstanding that, to the extent possible under Illinois law, it will comply with -41- whatever federal tax law is adopted in the future which applies to the Certificates and affects the tax-exempt status of the Certificates. The Corporate Authorities hereby authorize the officials of the City responsible for issuing the Certificates, the same being the Mayor, Clerk and Treasurer of the City, to make such further covenants and certifications as may be necessary to assure that the use thereof will not cause the Certificates to be arbitrage bonds and to assure that the interest on the Certificates will be exempt from federal income taxation. In connection therewith, the City and the Corporate Authorities further agree: (a) through their officers, to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to consult with counsel approving the Certificates and to comply with such advice as may be given; (c) to pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Certificates; (d) to file such forms, statements, and supporting documents as may be required and in a timely manner; and (e) if deemed necessary or advisable by their officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist the City in such compliance. Section 15. Pertaining to the Certificate Registrar. If requested by the Certificate Registrar, any officer of the City is authorized to execute a standard form of agreemer*. between the City and the Certificate Registrar with respect to the obligations and duties of the Certificate Registrar under this Ordinance. In addition to the terms of such agreement and subject to modification thereby, the Certificate Registrar by acceptance of duties under this Ordinance agrees (a) to act as registrar, paying agent, authenticating agent, and transfer agent as provided herein; (b) to maintain a list of Certificateholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential to the extent permitted by law; (c) to give notice of redemption as provided herein; (d) to cancel and/or destroy Certificates -42- which have been paid at maturity or upon redemption or submitted for exchange or transfer; (e) to furnish the City at least annually a certificate with respect to Certificates cancelled and/or destroyed; and (f) to furnish the City at least annually an audit confirmation of Certificates paid, Certificates outstanding and payments made with respect to interest on the Certificates. The City covenants with respect to the Certificate Registrar, and the Certificate Registrar further covenants and agrees as follows: A. The City shall at all times retain a Certificate Registrar with respect to the Certificates; it will maintain at the designated office(s) of such Certificate Registrar a place or places where Certificates may be presented for payment, registration, transfer, or exchange; and it will require that the Certificate Registrar properly maintain the Certificate Register and perform the other duties and obligations imposed upon it by this Ordinance in a manner consistent with the standards, customs, and practices of the municipal securities industry. B. The Certificate Registrar shall signify its acceptance of the duties and obligations imposed upon it by this Ordinance by executing the certificate of authentication on any Certificate, and by such execution the Certificate Registrar shall be deemed to have certified to the City that it has all requisite power to accept and has accepted such duties and obligations not only with respect to the Certificate so authenticated but with respect to all the Certificates. Any Certificate Registrar shall be the agent of the City and shall not be liable in connection with the performance of its duties except for its own negligence or willful wrongdoing. Any Certificate Registrar shall, however, be responsible for any representation in its certificate of authentication on Certificates. -43- C. The City may remove the Certificate Registrar at any time. In case at any time the Certificate Registrar shall resign, shall be removed, shall become incapable of acting, or shall be adjudicated a bankrupt or insolvent, or if a receiver, liquidator, or conservator of the Certificate Registrar or of the property thereof shall be appointed, or if any public officer shall take charge or control of the Certificate Registrar or of the property or affairs thereof, the City covenants and agrees that it will thereupon appoint a successor Certificate Registrar. The City shall give notice of any such appointment made by it .to each registered owner of any Certificate within twenty days after such appointment in the same manner, or-as nearly the same as may be practicable, as for a redemption of Certificates. Any Certificate Registrar appointed under the provisions of this Section shall be a bank, trust company, or national banking association maintaining its principal corporate trust office in Illinois and having capital and surplus and undivided profits in excess of $100,000,000. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Certificate Registrar and the Certificate Registrar. Section 16. Defeasance. Any Certificate or Certificates which (a) are paid and cancelled, (b) which have matured and for which sufficient sums been deposited with the Cert'_ficate Registrar to pay all principal and interest due thereon, or (c) for which sufficient United States of America dollars and direct United States Treasury obligations have been deposited with the Certificate Registrar or similar institution to pay, taking into account investment earnings on such obligations, all principal of and interest on such Certificate or Certificates when due at maturity, pursuant to an irrevocable escrow or trust agreement, shall cease to have any lien on or right to receive or be paid from the Certificate Moneys hereunder and shall no longer have the benefits of any covenant for the registered owners of outstanding Certificates as set forth herein as such relates to lien and security of the outstanding Certificates. -44- All covenants relative to the Tax-exempt status of the Certificates; and payment, registration, transfer, and exchange; are expressly continued for all Certificates whether outstanding Certificates or not. Section 17. Continuing Disclosure Undertaking. The Mayor or Treasurer of the City is hereby authorized, empowered and directed to execute and deliver the Continuing Disclosure Undertaking (the "Continuing Disclosure Undertaking") in substantially the same form as now before the Council, or with such changes therein as the individual executing the Continuing Disclosure Undertaking on behalf of the City shall approve, the official's execution thereof to constitute conclusive evidence of the approval of such changes. When the Continuing Disclosure Undertaking is executed and delivered on behalf of the City as herein provided, the Continuing Disclosure Undertaking will be binding on the City and the officers, employees and agents of the City, and the officers, employees and agents of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Continuing Disclosure Undertaking as executed. Notwithstanding any other provision of this Ordinance, the sole remedies for failure to comply with the Continuing Disclosure Undertaking shall be the ability of the beneficial owner of any Bond to seek mandamus or specific performance by court order, to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. Section 18. Publication of Ordinance. Under Applicable Law, this Ordinance need not be published. -45- Section 19. Superseder and Effective Date. All ordinances, resolutions, and orders, or parts thereof, in conflict herewith, are to the extent of such conflict hereby superseded; and this Ordinance shall be in full force and effect immediately upon its passage and approval. ADOPTED by the Corporate Authorities on the 26th day of August, 2003, pursuant to a roll call vote as follows: PAUL JAMES MARTY MUNNS RICHARD STICKA MIKE ANDERSON VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 26th day of August, 2003. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the 26th day of August 2003. Attest: CITY CLERK -46- EXTRACT OF MINUTES of the regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held in the City Council Chambers of the City Hall, located at 800 Game Farm Road, in said City, at 7:00 p.m., on the 26th day of August 2003. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, the Mayor, Arthur F. Prochaska, Jr., and the following Aldermen answered present at said location: The following were absent: The City Council then discussed the proposed financing of sewer improvements. Thereupon, Alderman presented, and there was placed before each Alderman in full the following ordinance: i AN ORDINANCE of the United City of Yorkville, Kendall County, Illinois, authorizing and providing for an Installment Purchase Agreement for the purpose of paying a part of the cost of acquiring and installing sewer improvements within the City (Bruell Street Sewer Project), and authorizing and providing for the issue of $2,035,000 Debt Certificates, Series 2003A, evidencing the rights to payment under such Agreement, prescribing the details of the Agreement and Certificates, and providing for the security for and means of payment under the Agreement of the Certificates. (the "Certificate Ordinance"). Alderman moved and Alderman seconded the motion that the Certificate Ordinance as presented be adopted. A City Council discussion of the matter followed. During the City Council discussion, gave a public recital of the nature of the matter, which included a complete reading of the title of the Certificate Ordinance, a complete reading of the table of contents contained therein, and a brief commentary on each entry in the table of contents. The Mayor directed that the roll be called for a vote upon the motion to adopt the Certificate Ordinance. Upon the roll being called, the following Aldermen voted AYE: • and the following Aldermen voted NAY: WHEREUPON the Mayor declared the motion carried and the Certificate Ordinance adopted 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. Other business was duly transacted at said meeting. -2- Upon motion duly made and carried, the meeting adjourned. City Clerk -3- STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF MINUTES AND ORDINANCE 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 official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the "Corporate Authorities") thereof. I do further certify that the foregoing is a full, true, and complete transcript of that portion of the minutes of the meeting (thz. "Meeting") of the Corporate Authorities held on the 26th day of August, 2003 insofar as the same relates to the adoption of an ordinance, numbered , and entitled: AN ORDINANCE of the United City of Yorkville, Kendall County, Illinois, authorizing and providing for an Installment Purchase Agreement for the purpose of paying the cost of acquiring and installing sewer improvements within the City (Bruell Street Sewer Project), and authorizing and providing for the issue of$2,035,000 Debt Certificates, Series 2003A, evidencing the rights to payment under such Agreement, prescribing the details of the Agreement and Certificates, and providing for the security for and means of payment under the Agreement of the Certificates. (the "Ordinance") a true, correct, and complete copy of which Ordinance as adopted at the Meeting appears in the foregoing transcript of the minutes of the meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of the Ordinance were taken openly; that the vote on the adoption of the Ordinance was taken openly; that the Meeting was held at a specified time and place convenient to the public; that notice of the Meeting was duly given to all newspapers, radio or television stations, and other news media requesting such notice; that an agenda for the Meeting was posted at the location where the Meeting was held and at the principal office of the Corporate Authorities at least 48 hours in advance of the holding of the Meeting; that said agenda contained a separate specific item concerning the adoption of said ordinance; a true, correct and complete copy of said agenda as so posted being attached to this Certificate as Exhibit A; and that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Corporate Authorities in the adoption of the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this day of August, 2003. City Clerk [SEAL] [Attach Exhibit A] -2- STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATE OF FILING We, the undersigned, do hereby certify that we are, respectively, the duly qualified and acting City Clerk and City Treasurer of the United City of Yorkville, Kendall County, Illinois (the "City"), and as such officers we do hereby certify that on the day of , 2003 there was filed with each of us, respectively, and placed on deposit in our respective records, a properly certified copy of Ordinance Number ,passed by the City Council of the City, on the day of August, 2003, and approved by the Mayor, and entitled: AN ORDINANCE of the United City of Yorkville, Kendall County, Illinois, authorizing and providing for an Installment Purchase Agreement for the purpose of paying the cost of acquiring and installing sewer improvements within the City (Bruell Street Sewer Project), and authorizing and providing for the issue of$2,035,000 Debt Certificates, Series 2003A, evidencing the rights to payment under such Agreement, prescribing the details of the Agreement and Certificates, and providing for the security for and means of payment under the Agreement of the Certificates. and that the same has been deposited in, and all as appears from, the official files and records of our respective offices. IN WITNESS WHEREOF we have hereunto affixed our official signatures and the seal of the City, at Yorkville, Illinois, this day of August, 2003. City Clerk [SEAL] City Treasurer ORDINANCE NO. DRAFT ORDINANCE PLEDGING CERTAIN REVENUES TO OR ON BEH F OF THE ILLINOIS RURAL B OND B ANK TO PAY CERTAIN LOCAL GOVERNMENT SECURITIES. WHEREAS, the United City of Yorkville, Kendall County, Illinois, a governmental unit duly organized and validly existing under the Constitution and the laws of the State of Illinois (the "Unit"), is issuing its bonds, notes or other evidences of indebtedness in the aggregate principal amount of $2,035,000 and designated Debt Certificates, Series 2003A (the "Securities") for lawful public purposes under any provision of the Constitution or the laws of the State of Illinois, all pursuant to an ordinance duly adopted by the City Council of the Unit (the "Governing Body") on August 26, 2003, as from time to time supplemented and amended; and WHEREAS, the Unit intends to sell the Securities to the Illinois Rural Bond Bank, a public body corporate and politic and an instrumentality of the State of Illinois duly organized and validly existing under the laws of the State of Illinois (the "Issuer"), in connection with its Rural Bond Bank Program (the "Program"), pursuant to 30 Illinois Compiled Statutes 2002, 36011-1 et seq., as supplemented and amended (the "Act"); and WHEREAS, the Unit is currently entitled to receive certain funds in certain amounts from the Department of Revenue, the Department of Transportation, the State Treasurer or the State Comptroller of the State of Illinois (the "State Distributor"), pursuant to Sections 8-11-1, 8-11-5 or 8-11-6 of the "Illinois Municipal Code," Section 2 or Section 12 of "An Act in relation to State revenue sharing with local governmental entities," Section 6z-17 or Section 6z-18 of "An Act in relation to State Finance" or such other authority as shall be applicable and any successor statute to any of the above, which funds may from time to time be in the custody of the State Distributor and which funds may be available in different amounts or which funds may hereafter from time to time be unavailable (the "Intercept Revenues"); and WHEREAS, pursuant to the Act, the Unit has the power and authority to pledge the Intercept Revenues to the Issuer or any entity acting on behalf of the Issuer, including without limitation U.S. Bank, National Association, as Trustee (the "Trustee"), to the extent that such Intercept Revenues are necessary to provide revenues to pay the principal of, premium, if any, and interest on, and other fees related to, the Securities, and to direct the Comptroller of the State of Illinois to cause orders to be drawn and to direct the Treasurer of the State of Illinois to make payment thereof in accordance with the terms and provisions of this Ordinance; Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The Unit hereby pledges the Intercept Revenues to the Trustee on behalf of the Issuer to provide revenues to secure the payment of the principal of, premium, if any, and interest on, and other fees related to, the Securities, and this Ordinance shall constitute a direction to the Comptroller of the State of Illinois and the Treasurer of the State of Illinois to 1539816.01.08 2110781/KK/8/12/03 pay to, or on behalf of, the Trustee on behalf of the Issuer from the State Distributor any available Intercept Revenues which are due or payable to the Unit in an amount sufficient to pay the principal of, premium, if any, and interest on, and other fees related to, the Securities which are due and unpaid and in default, and this Ordinance shall constitute a further direction to the State Comptroller to cause orders to be drawn and to the State Treasurer to make payment thereof, as set forth in Exhibit A attached to and made a part of this Ordinance. Section 2. The Unit hereby covenants and agrees that it has not pledged, encumbered or otherwise granted a lien, security interest or charge on the Intercept Revenues prior to the pledge granted by this Ordinance, and will not, without the prior written consent of the Issuer, pledge, encumber or otherwise grant a lien, security interest or charge on the Intercept Revenues prior to or on a parity with the pledge granted by this Ordinance. Section 3. The Unit hereby covenants and agrees that, to the extent permitted by law, it will not reduce the current rate of any tax which provides a source of Intercept Revenues or grant exemptions from such tax (other than current exemptions), without the prior written consent of the Issuer(unless the Unit is required to reduce such rates or grant such exemptions by law). Section 4 The provisions of this Ordinance shall constitute a contract between the Unit and the Issuer, and after the issuance of the Securities, no modification, alteration, amendment, supplement, repeal or revocation of the provisions of this Ordinance shall be made in any manner, except with the prior written consent of the Issuer, until such time as the principal of, premium, if any, and interest on the Securities shall have been paid in full. Section 5. The Unit hereby acknowledges that the Issuer has the right to assign and pledge its right, title and interest in and to this Ordinance to the Trustee, and will assign and pledge its right, title and interest in and to this Ordinance to the Trustee. Section 6. The Mayor of the Unit and the City Clerk of the Unit are hereby authorized to file this Ordinance with the State Treasurer, the State Comptroller and the Department of Revenue, the Department of Transportation or the State Superintendent of Education, as the case may be, pursuant to Section 3 25 of the Act. The Mayor of the Unit, the City Clerk of the Unit, and all other officers, employees and agents of the Unit are hereby further authorized, empowered and directed to execute and deliver any and all such documents and to do any and all such things as may be necessary to carry out and comply with and further the purposes and intent of this Ordinance, including the preambles to this Ordinance. Section 7. The provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision hereof shall, for any reason, be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions of this Ordinance. Section 8. All ordinances, resolutions and orders, or parts thereof, in conflict with the provisions hereof are, to the extent of such conflict, hereby superseded. -2- Section 9. This Ordinance shall be in force and effect upon its passage and approval, as provided by law. ADOPTED by the Governing Body on the 26th day of August, 2003,pursuant to a roll call vote as follows: PAUL JAMES MARTY MUNNS RICHARD STICKA MIKE ANDERSON VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 26th day of August, 2003. MAYOR PASSED by the Governing Body of the United City of Yorkville, Kendall County, Illinois, the 26th day of August 2003. Attest: CITY CLERK -3- EXHIBIT A Treasurer of the State of Illinois Room 219 State House Springfield, Illinois 62706 Comptroller of the State of Illinois Room 201 State House Springfield, Illinois 62706 Ladies and Gentlemen: The undersigned is hereby making demand upon you for the payment of certain available funds which are or may hereafter be in the custody of the Treasurer, the Comptroller, the Department of Revenue or the Department of Transportation of the State of Illinois, as the case may be, and which are due and payable to the United City of Yorkville, Kendall County, Illinois (the "Unit"), pursuant to the provisions of the Rural Bond Bank Act(30 ILCS 360/1-1 et seq., as supplemented and amended, the "Act"), Section 13 of the Local Government Debt Reform Act and an Ordinance duly adopted by the City Council of the Unit, attached hereto as Exhibit I (the "Intercept Proceedings"). In connection with such demand, the undersigned hereby certifies as follows: 1. That the undersigned is authorized to make this demand. 2. That the Illinois Rural Bond Bank, a public body corporate and politic and an instrumentality of the State of Illinois duly organized and validly existing under the laws of the State of Illinois (the "Issuer"), or its nominee, , , , as Trustee (the "Trustee"), is the owner of the Debt Certificates, Series 2003A, of the Unit, originally issued in the aggregate principal amount of $2,035,000 (the "Securities"), which Securities were purchased by the Issuer pursuant to its powers and authority under the Act. 3. That the Securities are now outstanding in the aggregate principal amount of 4. That the Unit is entitled to receive certain funds in the custody of the Treasurer, the Comptroller, the Department of Revenue or the Department of Transportation of the State of Illinois, as the case may be, to the extent that such funds are from time to time available to the Unit, pursuant to Sections 8-11-1, 8-11-5 or 8-11-6 of the "Illinois Municipal Code," Section 2 or Section 12 of"An Act in relation to State revenue sharing with local governmental entities," or Section 6z-17 or Section 6z-18 of "An Act in relation to State finance" (the "Intercept Revenues,"). 5. That the Unit has pledged the Intercept Revenues to the Trustee on behalf of the Issuer, pursuant to the Intercept Proceedings, to secure the payment of the principal of, premium, if any, and interest on, and other fees related to, the Securities to the extent that any Intercept Revenues are available to the Unit. 6. That the Unit is in default in the payment of the principal of, premium, if any, interest, and/or other fees now due and unpaid on the Securities in the following amounts: (a) Principal $ (b) Premium $ (c) Interest $ (d) Other Fees $ In accordance with Section 3-25 of the Act, you are hereby requested to do the following: (i) Withhold the payment of the Intercept Revenues which may be available, due or payable to the Unit until the amount of such principal of, premium, if any, and/or interest on, or other fees related to, the Securities so due and unpaid has been paid to the Trustee on behalf of the Issuer, as certified by the undersigned to you in writing, or you have been advised by the undersigned in writing that arrangements satisfactory to the undersigned have been made for such payment. (ii) Within ten (10) days of the date hereof and from time to time thereafter, you shall pay over a period of time to the Trustee on behalf of the Issuer such Intercept Revenues as are legally available for the payment of such principal of, premium, if any, and/or interest on the Securities so due and unpaid until such principal, premium, if any, interest and/or other fees are paid, as certified by the undersigned to you in writing, unless the undersigned otherwise advises you. Respectfully submitted, , as Trustee By Its cc: [Name of Recording Officer of the Unit] [Name and Address of the Unit] [Department of Revenue] [Department of Transportation] -2- EXTRACT OF MINUTES of the regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held in the City Council Chambers of the City Hall, located at 800 Game Farm Road, in said City, at 7:00 p.m., on the 26th day of August 2003. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, the Mayor, , and the following Aldermen answered present at said location: • The following were absent: The City Council then discussed the proposed financing of sewer improvements. Thereupon, Alderman presented, and there was placed before each Alderman in full the following ordinance: ORDINANCE PLEDGING CERTAIN REVENUES TO OR ON BEHALF OF THE ILLINOIS RURAL B OND BANK TO PAY CERTAIN LOCAL GOVERNMENT SECURITIES. (the "Pledge Ordinance"). Alderman moved and Alderman seconded the motion that the Pledge Ordinance as presented be adopted. A City Council discussion of the matter followed. During the City Council discussion, City gave a public recital of the nature of the matter, which included a complete reading of the title of the Pledge Ordinance. The Mayor directed that the roll be called for a vote upon the motion to adopt the Pledge Ordinance. Upon the roll being called, the following Aldermen voted AYE: • and the following Aldermen voted NAY: WHEREUPON the Mayor declared the motion carried and the Pledge Ordinance adopted 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. Other business was duly transacted at said meeting. Upon motion duly made and carried, the meeting adjourned. City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF MINUTES AND ORDINANCE 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 official I am the keeper of the official journal of proceedings,books, records, minutes, and files of the City and of the City Council (the "Corporate Authorities") thereof. I do further certify that the foregoing is a full, true, and complete transcript of that portion of the minutes of the meeting (the "Meeting") of the Corporate Authorities held on the 26th day of August, 2003 insofar as the same relates to the adoption of an ordinance, numbered , and entitled: ORDINANCE PLEDGING CERTAIN REVENUES TO OR ON BEHALF OF THE ILLINOIS RURAL B OND B ANK TO PAY CERTAIN LOCAL GOVERNMENT SECURITIES. (the "Ordinance") a true, correct, and complete copy of which Ordinance as adopted at the Meeting appears in the foregoing transcript of the minutes of the meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of the Ordinance were taken openly; that the vote on the adoption of the Ordinance was taken openly; that the Meeting was held at a specified time and place convenient to the public; that notice of the Meeting was duly given to all newspapers, radio or television stations, and other news media requesting such notice; that an agenda for the Meeting was posted at the location where the Meeting was held and at the principal office of the Corporate Authorities at least 48 hours in advance of the holding of the Meeting; that said agenda contained a separate specific item concerning the adoption of said ordinance; a true, correct and complete copy of said agenda as so posted being attached to this Certificate as Exhibit A; and that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Corporate Authorities in the adoption of the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this 26th day of August, 2003. City Clerk [SEAL] [Attach Exhibit A] 1ST QUARTER GRANT STATUS REPORT Submissions completed by Grant Coordinator Completed and submitted Grant Applications for two OSLAD Grants for the following projects; West Hydraulic greenway for $79,000 Rivers Edge Park for $74,000 Coordinated the site visitations by IDNR staff for the OSLAD Grants in July, and will be monitoring the progress of the grant requests. If selected notification of funding will be in October. In October, representatives for the City will need to attend a public hearing presentation in Springfield. In addition, has been involved with the discussion for land acquisition for the Boy Scout Camp. Meetings involved identifying potential grant sources, if arrangement of.-'a land purchase could be reached. This would be mapping out a five-year grant and private funding plan. Investigated the Homeland Security funding. Communicated to City Staff the contact avenues to pursue for funding. Waiting for Staff to identify projects. Grant proposals in progress by Grant Coordinator Completing a draft of a proposal for the Illinois Tomorrow Corridor planning grant for the City for approximately $80,000. The Illinois Tomorrow Initiative is a bold, coordinated approach to balanced growth for communities throughout the state of Illinois. It promotes voluntary state/local partnerships and focuses on state programs that invest in existing communities. ILLINOIS TOMORROW is a comprehensive effort guided by the core principles of reducing traffic congestion, preserving open space, encouraging reinvestment and redevelopment, enhancing the quality of life, and encouraging local government partnership. As part of the ILLINOIS TOMORROW initiative, the Corridor Planning Grant Program was created to help local governments develop land use and infrastructure plans that promote the efficient use of transportation facilities and enhance quality of life. Goals/Evaluation Criteria All applications for funding under this program will be evaluated based on how the proposed study addresses the following goals: • Preservation of open space • Congestion relief • Cooperative inter-jurisdictional relationships • Balanced economic development policies • Contiguous and infill development redevelopment • Development in areas with existing transportation and utility infrastructure • Development in areas with currently available housing • Enhance travel choices • Creation of public-private coalitions • Collaboration among local governments, the development industry, labor, public interest, and environmental organizations • Minimization of infrastructure cost to taxpayers The following is the suggested topics the United City of Yorkville is investigating for submission. The Grant Coordinator is working up the draft with timeline and costs for a late August submission. • Develop extensive plans for multiple priority travel areas designed to address the existing and future transportation system performance. This would include pedestrian friendly walkways, bicycle paths, public parking areas, and land use plans. (route 34, route 47, Galena Road, Baseline road, Route 126, Caton Farm Road, Route 71, Mill Street, Kennedy Road). • Project to develop a master plan for bicycle/walking paths within Yorkville, especially in the Blackberry Creek, Rob Roy Creek, Fox River Corridors. The plan will incorporate future bicycle/walking paths with the current path system as well as with Yorkville's Comprehensive Plan • Downtown Area streetscape and pedestrian design- how to encourage, develop and promote a pedestrian friendly downtown for Yorkville Area; How to provide a safe yet attractive environment in the downtown area in which there would be not conflicts between pedestrians, cyclists and motorists; how to increase access to downtown businesses and improve the growth and economic development of the downtown area. Park and Recreation Staff Grants completed In addition, to grants submitted by the Grant Coordinator, City Staff have been pursuing additional grants for Illinois Clean Energy and Kendall County Youth Service Grants. The United City of Yorkville's letter of intent for the Illinois Clean Energy Grant was chosen to submit a final grant award application. The final application is being completed for new energy efficient lighting for the Beecher Community Center. Approximate request is for$35,000. Kendall County Youth Service Grant for the amount of$2,500 to fund the after school program.