Committee of the Whole Packet 2003 08-19-03 410. United City of Yorkville
County Seat of Kendall County
800 Game Farm Road
Yorkville, Illinois 60560
Phone:630-553-4350 •Fax:630-553-7575
AGENDA
COMMITTEE OF THE WHOLE
Tuesday, August 19, 2003
7:00 PM
City Conference Room
Public Hearing: None
Presentations: 1. Library Addition by Architect
Note: "CA" denotes a recommendation by the respective Committee for that item to
go on the Consent Agenda of the City Council Agenda.
Mayor:
• 1. Proposal for Grant Application for Illinois Tomorrow Planning for Corridors
2. Historical Street Names Procedure
Public Works Committee:
1. No. Report.
Economic Development Committee:
1. Ordinance Granting Special Use for 9818 Route 71 (Greene)
Public Safety Committee:
1. No Report.
Administration Committee:
1. Request to Hire Engineering Assistant *Admin 8/14/03
2. Radium Compliance/Water Project Alternate Revenue Bond *Admin 8/14/03
• a. Radium Compliance Legal Update
3. Bruell Street Pump Station Bond Bank Ordinance *Admin 8/14/03
Page 2
Committee of the Whole
August 19, 2003
Administration Committee (con't):
4. Snowbird Policy *Admin 8/14/03
5. YBSD Intergovernmental Agreement *Admin 8/14/03
6. Meeting Minute Recorders *Admin 8/14/03
7. Office Furniture - Results of Bid Opening *Admin 8/14/03
8. Grande Reserve SSA - Resolution of Intent *Admin 8/14/03
Park Board:
1. Riverfront Plaza Shelter *PB 8/11/03
2. Illinois Clean Energy Lighting Grant *PB 8/11/03
• Additional Business:
e--
UNITED CITY OF YORKVILLE
. AGENDA
COMMITTEE OF THE WHOLE
Tuesday, August", 2003
7:00 PM Ili)
BEECHER COMMUNITY BUILDING, PERKINS ROOM
STATUS:
PRESENTATION: eo idilt40:15:7;e74
- °
1. Library Addition by Architect
MAYOR:
Fzr1. Proposal for Grant Application for Illinois Tomorrow Planning for Corridors
4110 2. Historical Street Names Procedure
kC —
z L_71
t z
PUBLIC WORKS COMMITTEE: , ; 7 • ncir
,
1. No Report.
ECONOMIC DEVELOPMENT COMMITTEE:
• ;
. Ordinance Granting Special Use for 9818 Route 71 (Greene)
VUBLIC SAFETY COMMITTEE:
1. No Report.
ADMINISTRATION COMMITTEE:
7i42`je/ii. .1:—
A9i '1l. Request to Hire Engineering Assistant
zit- :.
1P LjiRadum Compliance/Water Project Alternate Revenue Bond 6/
i .k „clez,,,,,..,--,4-c.,./ /5(2)K1-).3
' (.2< a. Radium Compliance Legal Update
C-4-- -/--
49 . Bruell Street Pump Station Bond Bank Ordinance 0
i
• 4. Snowbird Policy �,� <.t' rt r <<_• ---( k. T0- ti's,.
,A, 4
5. YBSD Intergovernmental Agreement
• 6. Meeting Minute Recorders
r'
7. Office Furniture- Results of Bid Opening
s ,fF
8. Grande Reserve SSA-Resolution of Intent
k` � �� ;.l .1 I cv J la c
PARK BOARD:IP 1. Riverfront Plaza Shelter
&&" 71 ,,.,s2. Illinois Clean Energy Lighting Grant
1f
Ae(1/'
Additional Business ,41
,4lfr/// r:v-
h �j t f .•
03/03
UNITED CITY OF YORKVILLE
HISTORICAL STREET NAMES
PROCEDURES
Submit completed "Open Letter to the Committee" nominating form. Human Resources
Commission (HRC) will contact nominator and/or nominee for additional information, if
required.
The NRC's Committee on Historical Street Names will send a letter to the nominee requesting a
personal interview.
The HRC will review all submitted forms. The HRC will forward their recommendations to the
Public Works Committee.
The Public Works Committee will review and submit their recommendations to the Committee
of the Whole.
The selected candidates will be approved by the City Council during their semi-monthly public
meeting.
The City Clerk will send a form letter the United City of Yorkville's Engineering Department,
KenCom and the United States Post Office (Yorkville Branch) for verification that there is not an
existing local street with the same name. This letter will request verification and return of the
completed form within 14 days.
A letter will be send to the selected candidate (individual or family) with copies to the
nominator(s).
A non-priority list will be available for all developers and potential developers that are required
to choose the name(s) on the list for their specific development(s).
As pubic record, the City Clerk will keep copies of all documentation.
A copy of all documentation will be available at the Yorkville Public Library.
3
Open Letter to the Community
United City of Yorkville's Human Resource Commission
804 Game Farm Road, Yorkville, IL 60560
The Human Resource Commission of the United City of Yorkville has been asked to spearhead a
street naming process for the City. Due to growth, many new roads will need to be named. We
believe that there are many people in our community who could be honored by the City by
naming a street in their honor. The Human Resource Commission is asking for community
members to nominate deserving citizens, living or deceased for this honor. Guidelines are listed
below:
1. Streets should be named after a citizen or family, whether living or deceased; important event;
historical location or company
2. If living, the person being recognized should be consulted. If deceased, the family should be
consulted.
3. In order to be considered, persons should have lived in the city or have made a major historical
contribution to the community. Major contribution is defined as a significant contribution to the
community, which has enriched or improved the community and the people living in the
community.
4. This person's general reputation shall have been above reproach.
5. This major contribution could be accomplished through financial means, active work or
leadership in the community.
6. In order to be considered, a person must have completed the contribution for which he or she is
being recognized.
7. Any citizen of the United City of Yorkville or from outside the community can nominate a
person's name as a street name.
8. Compilation of the list of names will be ongoing, new names will be added to the recommended
list at least annually.
9. All nominations will be reviewed by the Human Resources Commission, which will make
recommendation to the City Council.
10. All recommended street names will be reviewed by the City Engineer, KenCom, and the U.S.
Post Office to avoid duplications.
11. Developers must use a minimum of one name from the recommended list unless determined
otherwise by the City Council.
12. Priorities may change,based on recommendations from the Human Resources Commission.
13. Decisions regarding street names will be made by the Yorkville City Council; and, its decisions
will be considered final.
STREET NAME NOMINATION
Person being Nominated:
Last known Address: Phone Number: ( ) -
Reason for being nominated:
Name of Nominator: Phone Number: ( ) -
Nominator Address:
QPOOP�Yp IS Oup�TL9 -
UNITED CITY of YORKVILLE
R 9 : County Seat of Kendall County
K '1'
I 800 Game Farm Rd.
L c Yorkville, IL 60560
E 630-553-4350
4h0eo IM ,•e
Dear
The Human Resources Commission of the United City of Yorkville has accepted the
opportunity of providing names for selected streets in the new and proposed additions to our
city. The policy has been established by our City Council to name these new streets after
prominent citizens or families from our area. This is being done in a effort to provide
recognition to those who have made a significant difference in our community. Your name
has been submitted for consideration.
The purpose of this letter is to let you know our Committee, Rose Kahle and Elden Maden,
has received your name and would like to meet and talk with you about the possibility of
naming a street in honor of you or your family.
We are making an effort to talk to each person nominated in an effort to develop a
comprehensive list. After the interview, your name will once again, be presented for
consideration by the Human Resources Commission. After reviewing all of the data, a final
recommendation will be made by the Human Resources Commission to the City Council.
Once the names are submitted and accepted by the City Council, they will be placed on a non-
priority list. Developers and potential developers will be required to choose some of the
names on the list to name some of its streets. If your name is on the list we will make an
effort to notify you when your name is selected.
Please call Rose Kahle at 630-553-1232 or Elden Madden at 630-553-7632 to set up an
appointment for us to meet with you.
Thank you for your contribution to our community and for the opportunity to speak with you.
Respectfully,
I� Elden Madden
Committee on Historical Street Names
Human Resources Commission
DATE:
TO: enCom
Yorkville, IL
FROM: Public Works Committee
United City of Yorkville
RE: Verification of Existing Street Names
In accordance with Item V of the United City of Yorkville's Resolution No. , entitled
"Resolution Establishing a City Policy on Street Names", the following name(s) has (have) been
recommended to have a Yorkville street named after him/her (them). This (these) name(s) is (are)
submitted to you for verification in order to avoid any duplication of the United City of Yorkville's
current street names.
Recommended Street Name:
Reviewed: Verified, currently not a street name
Reviewed: Do NOT use, duplicate street name
Signed:
KenCom Date
Recommended Street Name:
Reviewed: Verified, currently not a street name
Reviewed: Do NOT use, duplicate street name
Signed:
KenCom Date
Recommended Street Name:
Reviewed: Verified, currently not a street name
Reviewed: Do NOT use, duplicate street name
Signed:
KenCom Date
Recommended Street Name:
Reviewed: Verified, currently not a street name
Reviewed: Do NOT use, duplicate street name
Signed:
KenCom Date
Please verify the United City of Yorkville's existing street names and check the appropriate section
listed above for each name. Please complete this form and return it to the following address within
14 days:
United City of Yorkville
Attention:
800 Game Farm Road
Yorkville, IL 60560
Thank you for your assistance.
DALE:
TO: Engineering De s
Unite I ity of Yorkville
FROM: Public Works Committee
United City of Yorkville
RE: Verification of Existing Street Names
In accordance with Item V of the United City of Yorkville's Resolution No. , entitled
"Resolution Establishing a City Policy on Street Names", the following name(s) has (have) been
recommended to have a Yorkville street named after him/her (them). This (these) name(s) is (are)
submitted to you for verification in order to avoid any duplication of the United City of Yorkville's
current street names.
Recommended Street Name:
Reviewed: Verified, currently not a street name
Reviewed: Do NOT use, duplicate street name
Signed:
UCofY Engineering Dept. Date
Recommended Street Name:
Reviewed: Verified, currently not a street name
Reviewed: Do NOT use, duplicate street name
Signed:
UCofY Engineering Dept. Date
Recommended Street Name:
Reviewed: Verified, currently not a street name
Reviewed: Do NOT use, duplicate street name
Signed:
UCofY Engineering Dept. Date
Recommended Street Name:
Reviewed: Verified, currently not a street name
Reviewed: Do NOT use, duplicate street name
Signed:
UCofY Engineering Dept. Date
Please verify the United City of Yorkville's existing street names and check the appropriate section
listed above for each name. Please complete this form and return it to the following address within
14 days:
United City of Yorkville
Attention:
800 Game Farm Road
Yorkville, IL 60560
Thank you for your assistance.
DATE:
TO: United States Post Office
Yorkville, IL
FROM: Public Works Committee
United City of Yorkville
RE: Verification of Existing Street Names
In accordance with Item V of the United City of Yorkville's Resolution No. , entitled
"Resolution Establishing a City Policy on Street Names", the following name(s) has (have) been
recommended to have a Yorkville street named after him/her (them). This (these) name(s) is (are)
submitted to you for verification in order to avoid any duplication of the United City of Yorkville's
current street names.
Recommended Street Name:
Reviewed: Verified, currently not a street name
Reviewed: Do NOT use, duplicate street name
Signed:
U.S. Post Office/Yorkville, IL Date
Recommended Street Name:
Reviewed: Verified, currently not a street name
Reviewed: Do NOT use, duplicate street name
Signed:
U.S. Post Office/Yorkville, IL Date
Recommended Street Name:
Reviewed: Verified, currently not a street name
Reviewed: Do NOT use, duplicate street name
Signed:
U.S. Post Office/Yorkville, IL Date
Recommended Street Name:
Reviewed: Verified, currently not a street name
Reviewed: Do NOT use, duplicate street name
Signed:
U.S. Post Office/Yorkville, IL Date
Please verify the United City of Yorkville's existing street names and check the appropriate section
listed above for each name. Please complete this form and return it to the following address within
14 days:
United City of Yorkville
Attention:
800 Game Farm Road
Yorkville, IL 60560
Thank you for your assistance.
03/03
DRAFT
Letter to Approved Nominee
Date
Name
Street Address
City, State Zip
Dear :
This is to inform you, a United City of Yorkville street will be named in
honor of , in recognition of the achievements
(insert individual or family name)
and contributions performed which has enriched or improved the community
and the people living in the community.
It is truly an honor to be privileged to have such an outstanding
individual/family be a major part of the milestone that built this community.
We would like to extend our sincere congratulations on behalf of the City
Council, the Human Resources Commission and the entire community.
Respectfully,
UNITED CITY OF YORKVILLE
City Council
Human Resources Commission
cc: , Nominator
, Nominator
(copy all nominators)
* * * DRAFT * * *
Name of Nominee:
NOMINATION OF STREET NAMES
CHECK LIST
City office received nominating form.
Date (1) Clerk will enter name in Book#l.
(2) Clerk will make 2 copies of the original, received nominating form.
(3) Clerk will mail postcard to nominator (Form 2-03)to acknowledge receipt of form.
Received by HRC Committee to review for completion.
Date
Reviewed by HRC. If additional information is required, place in holding Book#2.
Date
City Clerk to perform research.
Date
City Clerk completed personal or phone interview with nominator.
Date (Nominator's name)
Re-submitted updated nominating form to HRC.
Date
HRC reviewed all updated, completed nomination material for discussion recommendation.
Date
In order to prevent duplication of street names within the City, HRC submitted
Date recommended (Form 3-03) qualified name to Public Works for review by:
(a) City Engineering Department
(b) United City of Yorkville Post Office
(c) Ken Com
Contingent on verification of non-existent street name; name is submitted to the Committee
Date of the Whole by the Public Work Committee
Upon COW approval consensus, name is submitted to the City Council for voting purposes.
Date
HRC sends letter (Form 4-03) to nominee/family for approval signature along with a
Date request the signed letter be returned to HRC.
Contingent of above, when the signed approval letter is received, the name is added to
Date the master list that is maintained at City Hall. The name is also copied in the nominee
street name binder located at the public library (Form 5-03),
All documentation is attached to the nomination form and placed in Book #3.
Date
Name has bee selected.
Date
Location of Nominee's Named Street:
Date
* * * DRAFT * * *
NOMINATION OF STREET NAMES
POST CARD
Dear
This note is in reference to your nomination of
for consideration of having a United City of Yorkville street named in his/her honor.
We are in receipt of your nomination and have placed it in the nomination process.
Please note, this process may take several months to complete.
Thank you for participating in this meaningful process.
Respectfully,
United City of Yorkville
Human Resource Committee
800 Game Farm Road
Yorkville, IL 60560
Form 2-03 (label for post card)
* * * DRAFT * * *
NOMINATION OF STREET NAMES
MEMORANDUM
DATE:
TO: Public Works Committee
FROM: Human Resource Commission
RE: Street Name Nominee
The following name(s) has/have been reviewed and is/are being recommended by the Human Resource
Commission to be placed on the official list of potential street names for the City of Yorkville. Each name
presented has been through the following process:
Nomination was received by the United City of Yorkville
Nomination was submitted to the HRC Committee to review for completion.
Committee member assigned for research:
The HRC member completed personal or phone interview with nominator for
additional information, if necessary.
HRC reviewed allcompleted nomination material and determined that the
nominee would be recommended
It is now the Public Works Committee's responsibility to contact the following groups to verify this name is not
a duplicate of any United City of Yorkville street name.
(a)United City of Yorkville's Engineering Department
(b) Yorkville Post Office
(c)Ken Com
When this is completed, please forward the name to the Committee of the Whole.
Respectfully,
Human Resource Commission
Form 3-03
$ r •
* * * DRAFT * * *
(date)
UNITED CITY OF YORKVILLE
Human Resource Commission
Nominee Name
Nominee Street Address
City, State, Zip
Dear :
(nominee)
Congratulations! The United City of Yorkville has voted to include the following name on its list of potential
street names:
Nominee: Proposed Street Name:
Reason for Nomination:
We are very pleased to bestow the honor in naming a City street in your name (or the name of a member of your
family).
The purpose of this letter is to obtain your approval signature to allow the name to be used for a'City street
name. Please grant your permission to allow the United City of Yorkville to use your name for a City street by
signing and returning this letter to the following address:
United City of Yorkville
Attn: Human Resource Commission
800 Game Farm Road
Yorkville, IL 60560
Signature:
Name:
(print)
Form 4-03
08/15/2003 14 :43 FAX 830 553 5764 DANIEL J. KRAMER 0001/002
t7)(1, --
STATE OF ILLINOIS )
COUNTY OF KENDALL )
8/14/03
ORDINANCE NO. 2003-
AN ORDINANCE GRANTING A SPECIAL USE FOR THE PROPERTY LOCATED AT
9818 ROUTE 71, YORKVILLE, ILLINOIS
FOR THE SALE OF ANTIQUE GOODS AND PROPERTY FROM A STRUCTURE
WITHIN THE R-1 ESTATE CLASS ONE-FAMILY RESIDENTIAL DISTRICT DEEMED TO
HAVE HISTORIC SIGNIFICANCE
WHEREAS, Mayor and the City Council of the United City of Yorkville, upon Petition duly
made and submitted, deem it to be in the best interests of the City of Yorkville to grant a special
use permit for the property located at 9818 Route 71,Yorkville, Illinois, to provide for a special
use for the sale of antique goods and property from a structure within the R-1 Estate Class One-
Family Residential District deemed to have Historical Significance as defined by the United City
of Yorkville Historic Overlay Ordinance for the property currently zoned the R-1 Estate Class
One-Family Residential District.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF
YORKVILLE,KENDALL COUNTY ILLINOIS:the Mayor and City Council of the United City of
Yorkville,upon motion duly made,seconded,and approved hereby grant a Special Use Permit for the
sale of antique goods and property from a structure within the R-1 Estate Class One-Family
Residential District deemed to have Historical Significance as defined by the United City of Yorkville
Historic Overlay Ordinance for the property currently zoned the R-1 Estate Class One-Family
Residential District, subject to the restriction that said retail establishment shall not sell any food
product.
08/15/2003 14 43 FAX 330 553 5764 DANIEL J. KRAMER D1002/002
IN WITNESS WHEREOF,this Ordinance has been enacted this day of
, 2003.
PAUL JAMES MARTY MUNNS
RICHARD STICKA WANDA OHARE
VALERIE BURR ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County,Illinois,
this day of ,A.D. 2003.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of , A.D. 2003.
Attest:
CITY CLERK
Prepared by
Law Office of Daniel J. Kramer
1107A S. Bridge St.
Yorkville,IL 60560
(630) 553-9500
UNITED CITY OF
YORKVILLE
Memo
To: Mayor & City Council
From: Tony Graff,,Cit Y-`Administer
CC: Engineer Wywrot
Date: 8/15/03
Re: Engineering Assistant Position
RECOMMENDATION:
Administration Committee made a positive recommendation to advertise for the
position with two conditions and a change in salary range.
Summary:
The Administration Committee reviewed Engineer Wywrot's request to hire and
advertise for the Engineering Assistant position. The committee recommended two
conditions that the salary range to be classified as General Support Staff from the
approved salary schedule ($26,910 to $41,400) and to have a non bias review by the
Mayor with Engineer Wywrot to assess the level of technical skill and ability to
perform this job, since Engineer Wywrot's original request was a higher salary range.
Attachments: Wywrot's Letters 8/12/03, 4/7/03
Engineering Assistant Job Description
1
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.
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 II $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 Mayor & 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
UNITED CITY OF YORKVILLE
To: Tony Graff, City Administrator
From: Joe Wywrot, City Engineer
Subject: Engineering Assistant Position
Date: April 7, 2003
Attached find a draft copy of the proposed Engineering Assistant position. We have talked
about creating this new position because the duties of the part-time Office Assistant position
have become nearly exclusively related to the Engineering Department.
This position differs from Engineering Technician in that it is more "office" oriented than
"field" oriented. It also involves a fair amount of work that is finance-related, but because
tracking of the many fees and deposits are related to new development, I believe it is better
to have the position within the Engineering Department. We also need to have a salary range
created for the position. This should be comparable to or perhaps slightly higher than the
General Support Staff position, which is $26,910 to $41,400.
Please process this new position and salary range through the appropriate committees for
approval. If you need more information, please see me.
COUNTY OF KENDALL )
) ss
STATE OF ILLINOIS )
RESOLUTION NO. 2003- '3O
A RESOLUTION CREATING THE POSITION OF
ENGINEERING ASSISTANT IN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
WHEREAS, THE UNITED CITY OFYORKVILLE, through it's City Council, Mayor
and City Staff, after careful consideration have found and deemed it necessary for the benefit of
the UNITED CITY OF YORKVILLE to create the position of Engineering Assistant; and
WHEREAS, the job position for Engineering Assistant will have the duties and
responsibilities as set forth in the attached job description;
NOW, THEREFORE, BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE,
THAT THE POSITION OF ENGINEERING ASSISTANT IS HEREBY CREATED.
That said position will be directed by and shall report directly to the City Engineer. The
job description for Engineering Assistant is attached hereto and is made part hereof as Exhibit
"A". The hiring of a person to fill the position of Engineering Assistant shall be subject to all
probationary rules and regulations as set out in the current employee manual.
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, and this resolution
shall be in full force and effect forthwith upon its adoption.
Page 1 of 2
PAUL JAMES MARTY
RICHARD STICKA •iii 1" iER ON
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of , A.D. 2003.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois,
this day of , A.D. 2003.
411) k
—LI. /\LJIS=LO-s44(1
CITY "LERK
Page 2 of 2
7/22/2003
UNITED CITY OF YORKVILLE
Engineering Assistant
JOB DESCRIPTION
Department: Engineering
Reports To: City Engineer
Status: Full-time Non-Exempt
Positions Supervised: None
Position Description Overview:
This individual will be responsible for invoicing and maintaining project developer accounts
for Engineering Department Staff hours, Attorney, Land Planner, and all other outside
contracted firms' fees, with monthly summary reports to Finance Director and City
Administrator. This position also consists of logging Engineering Staff timesheets, project
fees and phase tracking, assigning commercial and residential addresses, miscellaneous Auto
Cad mapping, and preparation of IDOT Bid Tabulation forms.
Essential Job Functions:
1. Create Project Development Administration and Deposit Account ledgers; update and
maintain accurately.
2. Generate Project Development invoices for Engineering Staff hours, Attorney and
Land Planner's fees, Public Works, as well as contracted Engineering Firms, Building
Department, and all other outside firms' fees subject to City reimbursement.
3. Establish monthly summary worksheets of fees collected, past due accounts,
developer account balances, and project phase tracking. Submit monthly to Finance
Director and City Administrator for Mayoral/Council review.
4. Calculate and log Engineering Staff timesheets using Microsoft Excel Spreadsheets.
5. Assign addresses for residential and commercial Developments in accordance with
City Grid Map; distribute notification with maps to pertinent staff and agencies.
Occasional on-site inspection as necessary to complete.
6. Print Auto Cad maps for front desk sales, design address maps, execute Metes and
Bounds descriptions, location areas, and other functions as requested by Engineer.
7. Prepare IDOT Bid Tabulation forms, City project bid packets, bid holder lists, and
attend and record vital statistics at City bid openings.
8. Various other duties and responsibilities as directed by the Engineer.
9. Answer telephones and greet customers.
7/22/2003
Position Requirements —Knowledge, Skills, and Abilities:
1. Demonstrate a working knowledge of Microsoft Excel and Microsoft Word
programs. Demonstrate basic knowledge of AutoCAD software sufficient to print
documents and create simple line drawings.
2. Ability to operate a variety of office equipment, including but not limited to
computer, typewriter, copier, fax, scanner, and calculator, with minimal supervision.
3. Display professionalism and maintain strict confidentiality.
4. Exhibit mathematical and analytical qualities.
5. Possess proficient customer service skills.
6. Excellent communication and writing skills
7. Highly organized and able to prioritize job assignments.
Minimum and Preferred Experience and Education:
1. Any approved equivalent combination of experience and education that provides the
required knowledge, skills, and abilities to perform job duties as stated.
2. Willingness to attend training classes to increase knowledge of job-related skills and
responsibilities.
3. High School diploma or G.E.D.; Associates Degree preferred, with special emphasis
on Engineering/Technical Fields, Data Management.
4. Possession of valid Illinois Driver's License and Insurance.
5. Must successfully complete a background investigation with findings of good
character, and having no felony convictions.
6. Typing skills of 50 words per minute.
The duties listed above are intended only as an illustration of the various types of tasks that
may be required. The omission of specific statements of duties does not exclude them from (
the position if the work is similar, related, or a logical assignment to the position. This job
description does not constitute an employment agreement between the employer and
employee, and is subject to modification by the employer as the needs of the employer and/or
agency change, or requirements of the position change.
A rik.,
Law Offices of
CHAPMAN AND CUTLER LLP
Theodore S.Chapman 111 West Monroe Street,Chicago,Illinois 60603-4080 San Francisco
1877-1943
Henry E.Cutler FAX(312)701-2361 625 Market Street
1879-1959 Telephone(312)845-3000 San Francisco,CA 94105
chapman.com (415)541-0500
Kelly Kost Salt Lake City
(312)845-3875
kost@chapman.com 50 South Main Street
Salt Lake City,Utah 84144
(801)533-0066
August 12, 2003
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.
1546009.01.08
2110773/KK/8/15/03
Law Offices of
CHAPMAN AND CUTLER LLP
Ms. Traci Pleckham
August 12, 2003
Page 2
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.
Finally, the Bond Issue Notification Act provides that the Mayor and City Cou'lcil 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
'<°:°i'V"
By
Kelly K. Kost
KK:kd
Enclosures
cc: Mr. Kevin McCanna
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 7:00 o'clock P.M. on the 9th day of
September, 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 befre the rate of the
DRAFT
1546009.01.08
2110773/KK/8/15/03
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 9th day of September, 2003, at 7:00
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 19th day of August, 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-
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 19th day of August, 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 7:00 o'clock P.M.,
on the 9th day of September, 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 9th day of September, 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 9th day of September, 2003, at 7:00
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 19th day of August, 2003.
/s/ Jackie Milschewski
City Clerk,
United City of Yorkville, Kendall County,
Illinois
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 26th day of
August, 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:
DRAFT
1535701.01.05
NOTICE OF INTENT TO ISSUE BONDS
AND RIGHT TO FILE PETITIONS
Notice is hereby given that pursuant to Ordinance No. , adopted on the
26th day of August, 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 478 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 358 or more electors of the City
(the same being equal to 7.5% of the registered voters of the City) 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 26th day of August, 2003.
/s/ Jacquelyn Milschewski
City Clerk, United City of Yorkville,
Kendall County, Illinois
-3-
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
$7,900,000 or in lieu thereof, General Obligation Bonds (Alternate
Revenue Source), in an aggregate principal amount not to exceed
$7,900,000.
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly
organized and existing municipality incorporated and existing under the provisions of the laws of
the State of Illinois, is now operating under the provisions of the Illinois Municipal Code, as
amended (the "Code"), and for many years has owned and operated a municipally-owned
waterworks and sewerage system (the "System"); 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
-4-
"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
-5-
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 478 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 358 electors, the same being equal to 7.5% of the registered
voters in the City, 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
Authorities may adopt additional ordinances or proceedings supplementing or amending this
-6-
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.
-7-
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 26th day of August, 2003, pursuant to a
roll call vote as follows:
PAUL JAMES MARTY MUNNS
RICHARD STICKA WANDA OHARE
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
-8
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 26th day of August, 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 as Exhibit A]
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)
(312) 569-3000 14 Aug 03 4 : 00 PM PAGE 1/3 GCD Chicago
n
GC D , 191 N.Wacker Drive, Suite 3700
Gardner Carton & Douglas Chicago, Illinois 60606-1698 Washington, D.C.
ROY M.HARSCH Tel 312 569 1000 ria. 312 569 3000 member
(312)569-1441 www.gtd.tom Maid law Group
rhorsch@a gcd,com a global netwah
Fax(312)569-3441 of independent
firm,located in
37 gauntries
August 14,2003
VIA FACSIMILE/U.S. MAIL
Mr. Anton Graff
City Administrator
City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
Re: Radiuruu Compliance Issues
Dear Tony:
As you and I have discussed, the Illinois Environmental Protection Agency("Agency")
has made a 180°turn in its policy on how it is going to deal with municipal public water supplies
that are currently not in compliance with the radium standards. As we were informed during our
compliance meeting with the Agency,any system that would not be able to demonstrate
compliance by December 31,2003 was going to be referred to the Illinois Attorney General's
office for initiation of an enforcement action. Settlement of the enforcement action would be
accomplished through a negotiated Consent Order including a compliance schedule and a civil
penalty. It was this policy that led us to propose the Supplemental Environmental Project
consisting of the additional payment by Yorkville for the county-wide groundwater study.
After we had submitted information to Steve Ewart to support our request that the state
reconsider its initial refusal to approve of the Supplemental Environmental Project,because of
his supervisor's belief that we had already entered into an agreement to pay the monies,the
referral of the enforcement action against Yorkville was presented to the Director of the Agency
for her approval. According to Steve Ewart,it was at this time that the Director made a policy
decision that she would not refer enforcement actions against municipalities provided they agree
to a Compliance Commitment Agreement containing a reasonable schedule. Accordingly,as
Steve Ewart has confirmed over the phone with you and with me,there will be no referral to the
Attorney General's office regarding Yorkville.
Today I spoke with Roger Selberg,the Manager of the Public Water Supply Division,
who confirmed that this was now the Agency policy and that the Agency is in the process of
sending letters to the various municipalities that are out of compliance with the radium standard
GJrdne.Carton 3 Dough. ,c
(312) 569-3000 14 Aug 03 4 : 00 PM PAGE 1/3 GCD Chicago
Mr.Anton Graff
August 14,2003
Page 2
asking that they confirm their original proposed Compliance Commitment Agreement or
resubmit one.
What this means for Yorkville is that you will be able to enter into a Compliance
Commitment Agreement with the Agency containing a schedule for achieving compliance with
the radium standard notwithstanding,the fact that the schedule will go beyond December 31,
2003. There will be no referral of an enforcement matter so long as you are willing to agree to
such a Compliance Commitment Agreement and adhere to the compliance schedule. Because
there will be no referral there is no need for Yorkville to agree to a Supplemental Environmental
Project. in fact,the Agency really has no way to approve such a Supplemental Environmental
Project as they have no authority to require penalty as part of a Compliance Commitment
Agreement.
I have a call into Jeff to finalize a reasonable schedule that is written not to achieve
compliance at the earliest date but rather one that is reasonable and one that Yorkville can be
assured of complying with. If you have any qu-. "Ins r-•.arding this letter please contact me.
// Very truly;ours,
•
RMH/dm)
1
01102/22258846.
A r--4
ORDINANCE No.
ORDINANCE PLEDGING CERTAIN REVENUES TO OR ON BEHALF 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, 360/1-1
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, pr mium. if any. and
interest on, and other fees related to, the Securities, and this Ordinance all on ti
direction to the Comptroller of the State of Illinois and the Treasurer of the Ii�t
1539816.01.09
2110781/KK/8/15/03
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
exemptionsfrom 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 WANDA OHARE
VALERIE BURR 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
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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 ayailable
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 B ANK 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 BANK 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 .he 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]
4ii ,y
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(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.
Adopted by the City
Council of said City on the
26th day of August, 2003
DRAFT
1539817.01.10
2110781 •KK•8/15/03
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 or use 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
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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
E-tccessor 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.
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"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, toprovide for the issuance and deliveryof the Certificates
g
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 and 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
ATTEST:
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$5,000 each and authorized integral multiples thereof(but no single Certificate
shall represent installments of principal maturing on more than one date), and shall be numbered
consecutively in such fashion as shall be determined by the Certificate Registrar. The
Certificates shall bear interest at the rate or rates percent as shall be provided in the Certificate
Order,provided, however, that no Certificate shall bear interest at a rate percent per annum in
excess of eight and seventy-five one hundredths percent (8.75%), and shall become due and
payable serially (subject to the right of prior redemption as hereinafter described) on February 1
of each of the years and in the amounts as follows (or in such lower amounts as shall be set forth
in the Certificate Order):
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YEAR OF PRINCIPAL
MATURITY AMOUNT ($)
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
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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
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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 or. 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
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$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.
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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.
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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 later 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
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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 TIE AMOUNTS DUE HEREUNDER.
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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,
AUTHENTICATION 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
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[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
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 tht 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
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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
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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
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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
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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
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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
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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 agrees that 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.
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"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.
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"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 lease or a managPTnent, 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
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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.
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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;
(t) 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.
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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 hPye 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.
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(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 Gross 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
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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 Certifica.t^.s_. 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;
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(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);
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(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:
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(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 inve tments 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
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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 Certificates have been th subject of a bona fide initial pffering
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 debt
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;
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(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. Except for 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
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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.Groupas.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
$5,000,000 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
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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.
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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 herein may result in Afferent 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 circumstances 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
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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 agreement 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
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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.
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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
Certificate 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.
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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.
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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 WANDA OHARE
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
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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:
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.
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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 meting (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:
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, 200x`.
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
A-Ot Li
( 1836
ED C/T
o United City of Yorkville
DRAFT
County Seat of Kendall County
111161 800 Game Farm Road
� � 0) Yorkville,Illinois 60560
O fig
Phone.630-553-4350
Fax:630-553-7575
/4 E ��
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.
PLEASE GIVE THE CITY A ONE WEEK NOTICE TO SCHEDULE THE
WATER TO BE TURNED BACK ON.
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 OF
YORKVILLE OF THEIR DATE OF RETURN.
UNITED CITY OF YORKVILLE
APPLICATION FOR "SNOWBIRD POLICY"
630-553-4350
Resident's Name
Service Address
Phone Number Account Number
Forwarding Address
•
I Will Be Leaving On
I Wish to have my water shut off at the curb-box: YES NO
YES must be accompanied by payment of $25.00 Fee
Detach & Submit on Return
CITY OF YORKVILLE
SNOWBIRD POLICY RETURN
630-553-4350
Resident's Name
Account Number
Service Address
I WILL BE RETURNING TO MY RESIDENCE ON
SEND TO: CITY OF YORKVILLE, 800 GAME FARM ROAD, YORKVILLE IL 60560
41-)(L
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 Planning Area.
Revised: 8/15/03 Page 1 of 4
NOW THEREFORE, IN CONSIDERATION OF THE FOREGOING AND
OTHER 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
developers/property owners, that have petitioned the CITY and DISTRICT for
annexation and which have provided the CITY and 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
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Revised: 8/15/03 Page 2 of 4
If to Yorkville-Bristol Sanitary District, to:
Mr. Ralph Pfister
Executive Director
Yorkville-Bristol Sanitary District
PO 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.
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.
Revised: 8/15/03 Page 3 of 4
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. By: JOHN M. BRADSTREET
Title: Mayor Title: President
By: JACQUELYN MILSCHEWSKI By: L. ERIC SCHOENY
Title: City Clerk Title: Clerk
Revised: 8/15/03 Page 4 of 4
UNITED CITY OF YORKVILLE
From the Desk of
Jachie Mitscitetuisfii
City Clerk
August 15, 2003
To: Mayor Prochaska
City Council
Re: Minute Taker Salary Schedule
The Administration Committee and I have recommended that the minute taker's salary be
increased. Their base pay will be increased from $30.00 to $35.00 for a two hour meeting or any
portion of it. For any additional time over two hours the rate will be increased from $12.50/hour
to $17.50/hour. Currently, the transcription time is $10.00/hour. Now transcription time will be
based on the meeting length. If a meeting is two hours long, they will be paid for four hour of
transcription time at a rate of$10.00/hour.
If you have any questions or comments, please contact me.
Thanks,
Jackie
Jackie
8/7/2003 United City of Yorkville Furniture Bid Comparison `'
Qty Rakow Per Rakow Price Indoff Per Indoff Price Boise Per Boise Price
Desired Product Pg Description Colors Location [Unit Ext. Unit Ext. Unit [Ext.
iBookcases
3 1871 197 1800 Series Laminate Bookcase 2-shelf 36w x 11.5d x 29 7/8h M Council $57.69 $173.07, $60.25 $180.75 $61.60 $184.80
1 1874 197 1870 Series Laminate Bookcase 4-shelf-36"w x 11 1/2"d x 483/4"h N Lieutenant $82.59 $82.59 $86.25 $86.25 $88.19 $88.19
Mayor/Admin/Fin
6 1875 197'1800 Series Laminate Bookcase 5-shelf 36w x 11.5d x 60 1/8h 3N-1 M 2-J Dir/CIk/G $95.04 $570.24 $99.25 $595.50 $101.49 $608.94
2 1877 197 1870 Series Laminate Bookcase 6-shelf-36"w x 11 1/2"d x 84"h N Lieutenant $124.09 $248.18 $129.60 $259.20. $132.51 $265.02
Chairs
1 2091 1602090 Series Pillow-Soft Executive High Back Chair BW69 Lieutenant $149.40 $149.40 $156.00 $156.00 $159.55 $159.55
Mayor/Admin/Fin
3 2091 160'2090 Series Pillow-Soft Executive High Back Chair SR11 'Dir $178.45 $535.35 $186.50 $559.50 $159.55 $478.65
3 2093 160 2090 Series Pillow Soft Guest Sled Base BW69 Lieutenant $109.98 $329.94 $114.85 $344.55 $117.44 $352.32
Mayor/Admin/Fin
9 2304 165 Guest Chairs, Leg Base, Open Wood Arms AB-12 Dir $143.18 $1,288.62 $149.50 $1,345.50 $152.9Q $1,376.10
35 4001 161 Executive High Back Chairs with Loop Arms AQ92 Admin-Lower $105.83 $3,704.05 $110.50 $3,867.50 $113.01 $3,955.35
2 5905 164 Swivel Stool, Adjustable Foot Ring, Pneumatic, Arm Rest AQ92 Lower Level D,F $103.75 $207.50 $108.35 $216.70 $110.80 $221.60
12 6003 161 6000 Series Sensible Seating Executive High-Back BB90 Sergeants $199.20' $2,390.40 $208.00 $2,496.00 $480.00 $5,760.00
5 6003 161 6000 Series Sensible Seating Executive High-Back AB10 Sergeants $182.60 $913.00 $190.70 $953.50 $440.00 $2,200.00
12 6005 161'6000 Series Sensible Seating Managerial Mid-Back AB10 Squad Room ' $173.89 $2,086.68 $198.05 $2,376.60 $185.69 $2,228.28
5 7703 164 7700 Series Task Chair BR19 PD-Front Office $128.65 $643.25. $134.35 $671.75 $137.39 $686.95
0 2 7806 163'7800 Series Guest Cantilever Base BB90 Chief $106.66' $213.32 $111.40 $222.80 $113.90; $227.80
Lower Level
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 $172.90 $172.90 $176.83 $176.83
2 10504 60 10500 Series Full Height Pedestals file/file 'N Lieutenant $165.59 $331.18 $172.90 $345.80 $176.83 $353.66
LL-A, B, C, D, E,
8 105102 59 Mobile Full Height Ped B/B/F 15 3/4w x 22 3/4d x 28h ;J F $198.79 $1,590.32 $207.60 $1,660.80 $212.28 $1,698.24
8 18730N 64 Flagship Series Pedestal "N" Pull Mobil B/B/F 30d Q LL-Inspectors $161.44 $1,291.52 $168.60 $1,348.80 $172.40 $1,379.20
4 18823K 64 i Flagship Pedestals Mobile Pedestal (file/file)-28"h x 15"w x 22 7/8"d S PD-Front Office $156.46 $625.84 $163.40 $653.60 $167.08 $668.32
Desks-Credenzas, Bridges, Returns, Shells
1 10541 60'10500 Series Credenza Shell -24"d x 29 1/2"h x 72"w N !Lieutenant $165.59 $165.59 $172.90 $172.90 $176.83 $176.83
1 10560 59 10500 Series Bridge 42w x 24d x 29.5h NN Fin Dir $78.02 $78.02 $81.50 $81.50 $83.32 $83.32
1 10564 60ICredenza Shell (6"space between desk and wall o4) JJ LL-D $150.65 $150.65 $157.30 $157.30 $160.87 $160.87
2 10593 58'10500 Series Double Pedestal Desk 72w x 36d x 29.5h JJ 1 LL-F $323.29 $646.58 $337.60 $675.20 $345.24 $690.48
2 94270 61 94000 Series Bridge 24 d x 48 w NN Admin/Mayor $180.11 $360.22 $188.10 $376.20 $192.34 $384.68
3 105598 59;10500 Series Bridge 30w x 24d x 29.5h ;JJ LL-A, B, C $78.02 $234.06 $81.50 $244.50 $83.32 $249.96
0 3 105811 59 10500 Series Corner Unit 24x36x36x24x29.5h JJ ;LL-A, B, C $173.89 $521.67 $181.601 $544.80 $185.69 $557.07
2 10511R 58�10500 Series Right Return (box/file)-42"w x 24"d x 29 1/2"h IS PD-Front Office $189.66 $379.32 $198.05 $396.10 $202.53 $405.06
1 Dep Clk/ Sect/
4 '10512L 581 10500 Series Left Return 29 1/2"h x 42"w x 24"d MM (2)Recpt $189.66 $758.64 $198.05 $792.20 $202.53 $810.12
3 10515R ` 58110500 Series Right Return (box/file)-48"w x 24"d x 29 1/2"h 1-MM 2-JJ Cik, LL-C,E $194.641 $583.92; $203.251 $609.75 $207.85 $623.55
H 8/7/2003 United City of Yorkville - Furniture Bid Comparison
Qty Rakow Per Rakow Price Indoff Per Indoff Price Boise Per Boise Price
Desired ;Product Pg Description Colors Location Unit Ext. Unit ,Ext. Unit Ext.
• 3 10516L 58 10500 Series Left Return 29.5h x 48w x 24d JJ LL-A, B, Recpt. $194.64 $583.92 $203.25 $609.75 _ $207.85 $623.55
2 10525R 59 P-Shaped Peninsula w/End Panel 72w x 36d x 29.5h Right 1-JJ 1-NN Fin Dir, LL-C $248.59 $497.18 $259.60 $519.20 $265.47 $530.94
3 10526L 59 P-Shaped Peninsula w/End Panel 72w x 36d x 29.5h Left JJ LL-A, B, G $248.59 $745.77 $259.60 $778.80 $265.47 $796.41
2 105815R 59 Extended Corner Unit 24w x 36d x 72w x 24d x 29.5h Right JJ LL-D, G $265.19 $530.38 $276.90 $553.80 $283.19 $566.38
3 105816L 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 $795.57 $276.90 $830.70 $283.19 $849.57
3 10583R 58 10500 Series Single Pedestal Desk Right 66w x 30d x 29.5h 1-JJ 2-MM Sect, (2) Recpt $238.21 $714.63 $248.75 $746.25 $254.39 $763.17
2 10584L 58 10500 Series Single Pedestal Desks (box/file) 66"w x 30"d x 29 1/2"h IS PD-Front Office $238.21 $476.42 $248.75 $497.50 $254.39 $508.78
2 10585R 58 10500 Series Single Pedestal Desks Right 72w x 36d x 29.5h MM Dep Clk/Recpt $272.66 $545.321 $284.70 $569.40 $291.17 $582.34
1 ,10586L 5910500 Series Single Pedestal Desk Left 72w x 36D x 29.5h MM Clk $272.66 r $272.66 $284.70 $284.70 $291.17 $291.17
1 38216L 62 38000 Series Left Return 2/0 48w x 24d x 29.5h ML Acctg Clk $202.52 $202.52 $211.50 $211.50 $216.27 $216.27
1 138293R 6238000 Series Right Pedestal Desks 0/2 (box/file) 72w x 36d x 29.5h ML Acctg Clk $336.57 $336.57 $351.45 $351.45 $359.42 $359.42
1 94216L 61 94000 Series Left Return 2/0 -48"w x 24"d x 29 1/2"h N Lieutenant $314.99 $314.99 $328.90, $328.901 $336.37 $336.37
2 94248L 61 94000 Series Credenza w/ Lateral Left 24D x 48W NN Admin/Mayor - $454.01 $908.02 $479.70 $959.40 $490.60 $981.20
Admin/Mayor/
3 94285R 61 94000 Right Pedestal Desks-0/2 72"w x 30"d x 29 1/2"h 'N Lieutenant $485.14 $1,455.42 $506.60 $1,519.80 $518.08 $1,554.24
1 P3235R 70':Metro Classic Return Right 0/2 (box/file) -42"w x 24"d x 29 1/2"h Q Sergeants $141.10, $141.10 $147.35 $147.35, $150.68 $150.68
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
4 P3276 70 Metro Classic Double Pedestal Desk 2/2(box/file)-72"w x 36"d x 29 1/2"h IQ Sergeants $300.88 $1,203.52 $314.20 $1,256.80 $321.31 $1,285.24
• Desks-Accessories _ ,
1 4022 73 Keyboard Platforms Veneer 21.5w x 10.23d J LL-B $54.78 $54.78 $57.20 $57.20 $58.501 $58.50
PD-Front Office,
5 10534 59 10500 Series Stack-on Storage - 14 5/8"d x 37 1/8" h x 72"w 1-N 2-S 2-J Lieutenant, LL-D $253.98 $1,269.90 $265.20 $1,326.00 $271.23 $1,356.15
1 38248 63 3800 Series Flipper Doors - 16"h w/locks-2@33"w Q Sergeants $88.40 $88.40 $92.30 $92.30 $94.40 $94.40
2 190056 59 Tackboards PD-Front Office $53.54 $107.08 $55.901 $111.80 $57.171 $114.34
I
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 $216.25 $o65.00 $221.15 $884.60
2 105520 59 10500 Series End Cap Bookshelf/Organizer-24w x 24d x 29.5h 2-JJ LL-B, E $124.09 $248.18 $129.60 $259.20 $132.51 $265.02
1 105523 59 Top Half of End Cap Bookshelf/Organizers 15w x 15d x 37.125h JJ LL-B $103.34 $103.34 $107.90 $107.90., $110.35 $110.35
2 105856 59,Back Enclosure for Stack On Storage S PD-Front Office $58.931 $117.86 $61.55 $123.10 $62.93 $125.86
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
1 !94223 61 (94000 Series Lateral File 2-drawer N Lieutenants $331.59 $331.59 $346.25 $346.251 $354.10 $354.10
6 313CP 195'310 Series Vertical File 3 Drawer Legal Size w/lock L Clk $134.051 $804.30 $140.00 $840.00 $143.15 $858.90
5 '314cp 195 310 Series Vertical File 4 Drawer Legal sizewx/lock L LL-File Room $141.93 $709.65 $148.20 $741.00 $151.57 $757.85
4 314P 195 Vertical File 4-drawer-26 1/2"d x 52"h Q Sergeants $123.67 $494.68 $129.15 $516.60 $132.07 $528.28
1 54CP 196 Flamesafe Files 4-drawer legal -52 1/8" h L Clk $856.15 $856.15 $894.00 $894.00 $914.28 $914.28
• PD-Front
4 54P 196'Flamesafe Files 4-drawer letter-52 1/8" h 2-P 2-L Office,Clk $839.13 $3,356.52 $876.20 $3,504.80 $896.11 $3,584.44
1 7868WMayline Flush Base for 30 x 42" size file Sand Beige LL-File Room $117.60, $117.60, $101.00 $101.00 $91.82 $91.82
37978CMayline 'Ten Drawer File for 30x42 sheets Sand Beige LL-File Room $1,311.601 $3,934.801 $1,126.00 $3,378.00 $1,023.64 $3,070.92
1
8/7/2003 United City of Yorkville - Furniture Bid Comparison
• Qty Rakow Per Rakow Price Indoff Per Indoff Price Boise Per Boise Price
Desired Product Pg (Description Colors Location Unit Ext. Unit Ext. Unit Ext.
Conference Tables
1 81222 18"Cylinder Base for 42" Round Table J LL-E $121.181 $121.18 $126.55 $126.55 $129.41 $129.41
1 81226 Curved Base Kit 144L Laminate Top J LL-Conference $319.55 $319.55' $333.70 $333.701 $341.25 $341.25
2 BLCY02 219 18" Cylinder Base N Admin/Mayor $134.46 $268.92 $140.40 $280.80 $143.59 $287.18
1 BLS02 219 Laminate Slab Base for 144"Top N PD-Conference $124.09 $124.09, $129.60 $129.60 $132.51 $132.51
1 BLX02 219 Laminate "X" Base for 48" Round Top N Lieutenant $92.13 $92.13 $96.20 $96.20 $98.39 $98.39
Tables
1 UTM3672 222 Utility Table 36x72 J LL-C $134.05 $134.05 $140.00 $140.00 $143.15 $143.15
1 7734 Mayline Ranger Steel Four Post Drafting Table 48 x 37.5 Gray LL-F $412.20 $412.20 $354.00 $354.00 $321.82 $321.82
Initiate Desk System for B8Z Inspectors
4 H871260 91 Electrical Power Harness 60W 3-1 &2-2 Systems Inspectors $50.22 $200.88 $52.45 $209.80 $53.62 $214.48
2 H871501 91 Duplex Receptacle Circuit 1 3-1 &2-2 Systems Inspectors $7.89 $15.78 $8.25 $16.50 $8.42 $16.84,
2 H871502 91 Duplex Receptacle Circuit 2 3-1 &2-2 Systems Inspectors $7.89 $15.78, $8.25 $16.50 $8.42 $16.84
4 H871503 91 Duplex Receptacle Circuit 3 3-1 &2-2 Systems Inspectors $7.89 $31.56 $8.25 $33.00 $8.42 $33.68
• 2 H871912 91 Ceiling In-Feed Cable, Base 144" Long LL-Conference $55.61 ' $111.22 $58.10 $116.20 $59.39 $118.78
1 LA48144G 218 Racetrack Laminate Tops 144"1x48"w w/one grommet N LL-Conference $297.56 $297.56 $331.95 $331.95 $317.76 $317.76
1 LA48144G 218 Racetrack Shaped Laminate Top w/"G"Self Edge 144L x 48W J PD-Conference $272:66 $272.66 $284.70 $284.70 $291.17 $291.17
;Admin/Mayor/LL-
3 LD42G 218 42" Round Laminate Top 2-N 1-J E $101.68 $305.04 $106.20 $318.60 $108.58 $325.74
1 LD48G 218 Round Laminate Top-48"dia N Lieutenant $111.64 $111.64 $116.60 $116.60 $119.22 $119.22
1 NP4236F 90 Non Raceway Fabric Panel 42h x 36w TA38 Inspectors $110.39 $110 39 $115.30 $115.30 $117.89 $117.89
1 NP4260F 90 Non Raceway Fabric Panel 42h x 60w TA38 Inspectors $142.76 $142.76 $149.10 $149.10 $152.45 $152.45
12 NP5530F 90 Non Raceway Fabric Panel 55h x 30w TA38 Inspectors $111.64 $1,339.68 $116.60 $1,399.20 $119.22 $1,430.64
2 NPP10 91 Power Pole 6'6" _ Inspectors $87.98 $175.96 $91.90 $183.80 $93.95 $187.90
4 NR5560F 90 Raceway Fabric Panel 55h 60w TA38 Inspectors $175.961 $703.84 $183.75 $735.00 $187.91 $751.64
1 NRC42 90 Raceway Connector 42h Inspectors $28.64 $28.64 $29.90 $29.90 $30.58' $30.58
6 NRC55 90Raceway Connector 55h Inspectors $32.78 $196.68, $34.25 $205.50 $35.01 $210.06
f
1 1NTW42 90'Raceway Wall Starter 42H TA38 Inspectors $26.15 $26.15 $27.30 $27.30 $27.92 $27.92
8 NWR3060T 90 Worksurface Rectangular 30d 60w G1 Inspectors $122.01 $976.08 $127.40 $1,019.20 $130.30 $1,042.40
1 NWV73AALT Left Corner Cove Worksurface 60x36x24x24 G1 i LL-H $149.40, $149.40 $156.35 $156.35 $159.55 $159.55
1 WMK1 Wire Management Grommet $20.34 $20.34 Did Not Bid Did Not Bid Did Not Bid Did Not Bid
299 ,<---Total Number of Pieces Desired Items $52,168.11 Items $53,857.00 Items $58,755.60
IIIInstallation $2,995.00 Installation $5,550.00 Installation $3,900.00
1
Total Proposal; $55,163.11, !Total Proposal, $59,407.00; Total Proposal, $62,655.60
(I) M ( (\ .1- � `.
RESOLUTION NO. 2003-
RESOLUTION DECLARING OFFICIAL INTENT
SPECIAL SERVICE AREA NUMBER 2003-103 - GRANDE RESERVE
OF THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
WHEREAS, The United City of Yorkville, Kendall County, Illinois (the "City")
wishes to design, acquire, construct and install special services within the City's Special Service
Area Number 2003-103 - Grande Reserve (the "Special Service Area") and the City wishes to
issue its special tax bonds to finance said special services; and
WHEREAS, the City hereby finds and determines that the financing of the special
services described below by the City will serve the public purposes of the Special Service Area.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of The
United City of Yorkville, Kendall County, Illinois as follows:
1. The City intends to issue obligations (the "Bonds") for the purpose of
financing the design, acquisition, construction and installation of special services consisting of
engineering, soil testing and appurtenant work, mass grading and demolition, storm water
management facilities, storm drainage systems and storm sewers, site clearing and tree removal,
public water facilities, including water wells and water treatment facilities, sanitary sewer
facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls,
sidewalks and related street improvements, and equipment and materials necessary for the
maintenance thereof, park, park improvements, bicycle paths, landscaping, wetland mitigation
and tree installation, costs for land and easement acquisitions relating to any of the foregoing
improvements, fees for water or sanitary sewer services and other eligible costs (the "Project").
The total amount which the City intends to borrow through the issuance of the Bonds for the
Project will not exceed $60,000,000.
2. Certain costs will be incurred by the City in connection with the Project
prior to the issuance of the Bonds. The City reasonably expects to reimburse such costs with
proceeds of the Bonds.
3. This Resolution constitutes a declaration of official intent under Treasury
Regulation Section 1.150-2.
4. This Resolution shall be in full force and effect from and after its passage,
approval and publication in pamphlet form, as provided by law.
DRAFT
011.536394.1
PAUL JAMES MARTY MUNNS
RICHARD STICKA WANDA OHARE
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
PASSED AND APPROVED this _day of , 2003.
Mayor
[SEAL]
AI LEST:
City Clerk
2
011.536394.1
APPLICATION TO THE UNITED CITY OF YORKVILLE
FOR ESTABLISHMENT OF A SPECIAL 5EUr Info.
TO: THE MAYOR AND CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE
THIS APPLICATION is filed pursuant to Illinois Special Service Area Tax Law,
35 ILCS 200/27-20.
MPI-2 Yorkville North LLC, MPI-2 Yorkville Central LLC, MPI-2 Yorkville
South I LLC and MPI-2 Yorkville South II LLC (each an Illinois limited liability company and
hereinafter collectively referred to as the "Applicant"), being first sworn on oath, states the
following:
1. The Applicant is the sole owner of record of all of the real property legally
described on Exhibit A attached hereto (the"Subject Property").
2. The Subject Property is a contiguous area within the United City of
Yorkville (the "Village").
3. The Applicant desires to construct various infrastructure improvements,
both on-premises and off-premises, for the benefit of the Subject Property and desires that the
Village establish a special service area for the Subject Property in order to provide special
municipal services to fund such infrastructure improvements, including, without limitation,
engineering, soil testing and appurtenant work, mass grading and demolition, storm water
management facilities, storm drainage systems and storm sewers, site clearing and tree removal,
public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs,
gutters, street lighting, traffic controls, sidewalks and related street improvements, and
equipment and materials necessary for the maintenance thereof, park, park improvements,
bicycle paths, landscaping, wetland mitigation and tree installation, costs for land and easement
acquisitions relating to any of the foregoing improvements, and required fees for water or
sanitary sewer services (the "Improvements").
4. The boundaries of the proposed special service area are coterminous with
the Subject Property and are depicted on Exhibit B attached hereto.
5. The Applicant estimates that not more than $60,000,000 of bonding is
required to fund the proposed special services, which would be retired through a special tax roll
levying taxes among all lots to be established by plat within the special service area (the"SSA").
6. In order to develop the Subject Property, the Improvements must be
constructed, acquired, and installed to serve the Subject Property, and the Subject Property
would benefit from the special municipal services provided by the Village under the proposed
SSA.
011.536378.1
7. The Applicant supports the establishment of a special service area for the
Subject Property. The Improvements have been determined by the City to be required to serve
the development of the Subject Property consistent with the terms and provisions of that certain
Annexation Agreement and Planned Unit Development Agreement by and among the City and
MPI-2 Yorkville North LLC, MPI-2 Yorkville Central LLC, MPI-2 Yorkville South I LLC and
MPI-2 Yorkville South II LLC and governing the Subject Property and other property. Local
support is evidenced by this application, which is signed by the owners of record of all real
property within the boundaries of the proposed SSA.
WHEREFORE, Applicant respectfully requests that:
A. The Village give any and all notices, hold required public hearings, and
take all other steps required by law, including those set forth in Secs. 27-
30 and 27-35 of the Special Service Area Tax Law, that may be necessary
to effectuate the establishment of a special service area for the Subject
Property as herein set forth; and
B. The Village adopt an ordinance establishing a special service area for the
Subject Property, pursuant to Section 27-40 of the Special Service Area
Tax Law.
2
)11.536378.1
IN WITNESS WHEREOF, Applicant has executed this Application for
Establishment of a Special Service Area this day of August, 2003.
MPI-2 YORKVILLE NORTH LLC
an Illinois Limited Liability Company
By: MPI Manager, Inc.
Its: Manager
By:
The property that is the subject of this
application is identified as Permanent Index MPI-2 YORKVILLE CENTRAL LLC
Nos.: An Illinois Limited Liability Company
By: MPI Manager, Inc. •
Its: Manager
By:
MPI-2 YORKVILLE SOUTH I LLC
An Illinois Limited Liability Company
And the property contains a total of By: MPI Manager, Inc.
acres of land Its: Manager
By:
The address of the above owner of rer'ord for MPI-2 YORKVILLE SOUTH II LLC
receiving notices is: An Illinois Limited Liability Company
By: MPI Manager, Inc.
Its: Manager
By:
3
011.536378.1
Exhibit A
Legal Description of the SSA
4
)11.536378.1
Exhibit B
Map of the Proposed SSA
5
011.536378.1
YORKVILLEilip
FIII (t
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PARKS&RECREATION Yorkville Parks&Recreation Department
908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: yorkrecdep(a�aol.com
Administrative Office 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347
Memo
To: Art Prochaska, Mayor
From: Laura J Brown, Executive Director 'C `'
Date: August 12, 2003
Cc: Tony Graff, City Administrator
Re: Committee of the Whole Meeting 8/19/03
Staff are requesting approval to proceed with an RFP for the development and
installation of a Shelter for Riverfront Park. Attached is the detail information and
description of the RFP.
Park Board authorized staff to proceed to City Council for approval.
Forty thousands dollars is currently budget for Riverfront Park Development in the
current Park and Recreation Budget.
->
APPROVED BY THE
COMMITTEE/BOARD
ON: c - "-o
1
Request for Proposal
Yorkville Park and Recreation Department
Introduction
1. The United City of Yorkville, Illinois(the City)is issuing this request for
proposal (RFP) for the purpose of soliciting vendor proposals for the building and
installation of a shelter at the Bicentennial Riverfront Park on Hydraulic Street,
Yorkville, Illinois.
2. The City intends to seek the most cost effective solution, based on the
representative criteria contained in the RFP, for its needs.
3. Proposals will be accepted until 12:00 PM on September 15, 2003. Proposals
submitted must be binding for a minimum of ninety(90) days after the bid
opening date. The City will select proposals based on the criteria outlined in the
RFP, most cost effective proposal, quality of product proposed and the positive
references supplied by the vendor. The City reserves the right to reject any or
portions of the proposals that does not meet the specifications of the request.
Furthermore, the City may accept full proposals or a combination of the specified
proposals that meets the City's specifications. The City reserves the right to
inspect references sites for quality of work and/or product proposed before
awarding the contract for the work to be completed.
4. Vendor inquires are to be directed to Scott Sleezer, Park Foreman(630) 553-4358
fax(630) 553- 4377 or Laura Brown, Executive Director (630) 553-4341. One
original and one copy of the proposal clearly marked"Riverfront Shelter", signed
by an officer of the company, are to be submitted and addressed on the outside as
follows:
United City of Yorkville
Re: (vendor name)
Proposal for Riverfront Shelter
Attn: Scott Sleezer, Park Foreman
800 Gamefarm Rd.
Yorkville, IL 60560
5. Proposals may also hand delivered to the above address by the date and time
specified. It is the responsibility of the bidder to deliver the proposal in
accordance with these instructions contained above and/or elsewhere in the RFP.
Proposals dispatched, but not received by the City by proposal closing time, will
be returned, after receipt, unopened to the bidder.
6. Award of contract. The United City of Yorkville City Council will make the final
award of the proposal or contract, following the written recommendation by staff,
and verification of references at the first available City Council meeting.
7. Contract. In addition to the completed proposal, a resulting contract may be
required by the City, including but not limited to, written correspondence between
the city and the vendor subsequent to the proposal submission, facsimiles and
product literature. All agreements between the United City of Yorkville and the
vendor will be handled through legal counsel. In addition, any legal restrictions or
provisions, enforced by the vendor or its parent company, which are not in line
with the industry's standards, should be pointed out.
8. Confidentiality of Documents. Proposals are submitted confidential format and
shall be opened at the specified date and time to disclose contents for competitive
bid. However, all proposals that have been submitted shall be open for public
inspection after contract award. Trade secrets and confidential information, as
specified by the vendor, contained in the proposals shall not be open for public
inspection.
9. Contact with City Employees. In order to ensure fair and objective evaluation, all
questions related to this RFP should be addressed only to the person(s) so named
in this RFP; those persons are Scott Sleezer and Laura Brown. Contact with any
other City employee is expressly prohibited without prior consent of the persons
so named herein. Vendors directly contacting other City employees will risk
elimination of their proposal from further consideration.
r _
YORK VILLE Contractor
illimIt Agreement for award of contract. The vendor by submitting a RFP proposal agrees to
the following:
1. To furnish upon request , certificates of insurance with provisions that insurance
P AR K c A RE C R E A T1 ON policies may not be cancelled or endorsed in any way which would reduce or limit
coverage within(10) days prior written notice to the United City of Yorkville.
REQUEST FOR PROPOSAL
RIVERFRONT BICENTENNIAL PARK SHELTER A. Workman's Compensation Insurance covering employees performing the
services outlined in this contract.
Narrative Description B. Comprehensive General Liability Insurance on an occurrence basis in an
The Riverfront Bicentennial Park is developed and located at 301 E Hydraulic Street insurance company licensed to do business in this state.
Yorkville, Illinois. It is the intent to seek a competitive vendor/contractor for the $1,000,000.00/$2,000,000.00
implementation and/or construction of a shelter to cover the existing 60.5ft. x 50 ft. 2. Bestpractice employment and safetycompliance's will be followed
concrete plaza. The plaza was constructed in 1997, and surrounded by brick pavers. procedures p
and work completed under this contract shall be subject to the approval of the
The request for proposal for awarding of this contract should be made with all costs Untied City of Yorkville. Practical implementation of the contract, the contractor
associated with the construction and installation of the shelter. Any costs for installation agrees to meet with the City as often as necessary to discuss any and all aspects of
not specified in the contractor's proposal shall be at the expense of the contractor for the the contract.
completion of the proposed work.
3. The contractor agrees. The staff of the United City of Yorkville reserves the right
SITE VISITATIONS AND FINAL MEASUREMENTS ARE SUGGESTED to cancel this contract if, it is determined the contractor is not satisfactorily
BEFORE SUBMITTING A PROPOSAL. performing or providing the quality of work as specified in the proposal.
Notification to the contractor will be in writing within seven days notice, and will
Bidders must specify each section and line item in detail price quote format. consider all or part of this contract breached. The City will assume actions for the
completion of the project and may hire another contractor cure any defects in
The Shelter Specifications are as follows: performance or complete all work covered by this specification for the remaining
term of this contract.
1. SHELTER 4. Neither the contactor nor the United City of Yorkville shall be held liable in
• 60.5 ft x 50 ft shelter damages caused beyond its control and without its fault of negligence including
• 2 ft overhang but not limited to, acts of God or the public enemy, acts of government, fires,
• Laminated arched beams floods, epidemics, quarantine restrictions, strikes, freight embargoes, or unusually
■ 2 inch x 6 inch yellow pine roof decking severe weather.
• 30 year warranty architectural asphalt shingles
• 4/12 roof pitch or greater
• Six steel uprights
• 9 ft soffet to base concrete height
• Ice jam proof under shingles
• Cedar fascia
• Must meet all 2000 international building code standards
P
Please also provide Warranty information and documentation specification sheets, shelter
beams load bearing description and safety compliance descriptions and all manufacture
specification detail sheets.
2. INSTALLATION PRACTICES
Please provide detail description and drawings of installation process and materials, and
detail project timeline for completion.
TOTAL BASE PRICE QUOTE $
3. ALTERNATIVES
Alternatives will be considered as "add on"or"options"based on budget availability.
• Limestone masonry with cap stone to cover steel uprights that measure 18 inches
and extend all the way to the top of the steel upright
• Cupola on roof that measures around 8 ft x 10 ft with same roof and cedar fascia
and siding.
• Electric connection— 100 AMP service with breaker panel. Minimum 15
breakers and 6 outdoor outlets.
• Lighting—vandal resistant lighting mounted to underside of roof.
ALTERNATIVE PRICE QUOTE $
Please provide the city with three shelter locations that are similar and
customer's phone numbers.
TOTAL PROJECT PRICE QUOTE $
ALL WORK TO BE COMPLETED ON OR BEFORE APRIL 1, 2004
YORKv1LL.E
Ili
A
PARKS & RECREATION
REQUEST FOR PROPOSAL
RIVERFRONT BICENTENNIAL PARK SHELTER
As principal for I am submitting a proposal for work as
Company Name/Contractor
specified in the Request For Proposal for the Riverfront Bicentennial Park Shelter. I
have read the RFP and by the submission of the proposal agree to the terms as outlined.
Furthermore, I have included all variances and exceptions to the RFP. I understand by not
disclosing any additional information, I may be considered in breach of the agreement.
Date Signature
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YDRKVILLE
PARKS& RECREATION Yorkville Parks & Recreation Department
908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: yorkrecdep@aol.com
Administration Office: 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 fax
To: Mayor
City Council
From: Laura J Brown, Executive Director
Park Board
Date: August 15, 2003
Re: Illinois Clean Energy Lighting Upgrade Request
Staff submitted a letter of inquiry to Illinois Clean Energy on July 2nd for the Energy
Efficient Lighting Upgrade Grant for the Beecher Community Center for the amount of
$35,000. This grant will allow the City to replace the 20 year old lighting and upgrade to
new and energy efficient lighting.
On August 8th we were notified by the Illinois Clean Energy the United City of Yorkville's
request was selected to move forward in the grant application process. This requires
staff to complete the final grant application, which includes verification of the energy
resource saving, and a narrative justification of the need for the lighting upgrade before
September 15th.
Final decisions and grant awards will be made at the end of October. Upon acceptance
of our project we will be notified of the selection in writing at this time we can coordinate
the lighting upgrade. The grant requires the work to be completed before the grant
dollars are processed.
Suggestion motion:
To authorize staff and Mayor to proceed with the submission of the final application
request for the Illinois Clean Energy Grant for the lighting Upgrade for the Beecher
Community Center.