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HomeMy WebLinkAboutCommittee of the Whole Packet 2004 02-17-04 �� United City of Yorkville Jaw." County Seat of Kendall County EST. - 1836 800 Game Farm Road _ fA Yorkville, Illinois 60560 0 '� 0 Phone:630-553-4350 .mo . Fax 630-553-7575 `4LE ` AGENDA COMMITTEE OF THE WHOLE Tuesday, February 17, 2004 7:00 PM City Conference Room Revised: 2/13/04 Public Hearing: None Presentations: 1 . South Comprehensive Plan Amendment by Mike Schoppe 2. Building Closeout Report by Mark Bushhouse of Williams Architects Items Recommended by Committee for Consent Agenda: 1. None Mayor: 1. Coffee with the Mayor: February 21St at Book N' Around from 9:30 - 11:30 a.m. 2. Community Relations Manager Job Description - COW 1/20/04 3. 2/24/04 City Council Packets will be prepared and distributed Thursday, 2/19/04 Adhoc Technology Committee: 1. RFP Technology Recommendation 2. SPS Service Support Agreement Economic Development Committee: 1. Progress Holdings PUD Agreement & Final Plat Park Board: 1. No Report. Public Works Committee: 1. Subdivision Control Ordinance — PW 1/26/04 Page 2 Committee of the Whole February 17, 2004 Public Safety Committee: 1. No Report. Administration Committee: 1. Detail Board Report (Bill List) 2. Tax Abatement Ordinance for Fox Industrial Park - Admin 2/12/04 3. 3.5 Million Countryside Interceptor Alternate Revenue Bond - Admin 2/12/04 4. 1.6 Million Corn Ed Sewer Debt Certificate - Admin 2/12/04 5. Proposing Ordinances for Grande Reserve SSA - Admin 2/12/04 6. Part-time Office Assistant - Revised Job Description - Admin 2/12/04 Executive Session: 1. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees 2. To review and approve closed session minutes Additional Business: D , r , Revised 2/10/04 United City of Yorkville OFFICE ASSISTANT—JOB DESCRIPTION Department: Administration Reports to: Deputy Clerk Status: Part-time 20 hours per week not to exceed 1000 hours annually Position Description Overview This individual assists the administration departments in a variety of general office tasks including, but not limited to, typing, project tracking, and filing. This position requires an individual who has the ability to organize and prioritize multiple tasks. Essential Job Functions 1. Provide assistance to the Deputy Clerk with day-to-day operations such as mailings, preparing and distributing meeting packets, and organizing and maintaining City records. 2. Assist with the copying, distribution and mailing of the City newsletter. 3. Assist with posting website information. 4. Type correspondence, faxing and copying as requested. 5. Act as backup relief to answer phones and provide customer service at the front counter. 6. Assist in other areas as requested. 7. Participate in cross training with other job functions within the department. 8. Develop a thorough knowledge of the Windows Programs including office software. 9. Other duties as directed by the supervisor or City Administrator. Requirements - Knowledge, Skills and Abilities 1. Ability to type a minimum of fifty (50) words per minute. 2. Ability to organize, prioritize and handle multiple tasks. 3. Ability to maintain strict confidentiality. Page 1 of 2 Part-time Office Assistant Job Description (con't) Minimum and Preferred Experience and Education 1. Previous experience in an office setting. 2. Previous computer experience in a Window setting. 3. Must be willing to attend training classes to increase knowledge of job related duties. 4. Must successfully complete a background investigation with findings of good character and no felony convictions. Page 2 of 2 United City of Yorkville Memo To: Administration Committee From: Traci Pleckham—Finance Director CC: Mayor Prochaska,Administrator Graff,Attorney Kramer Date: February 3, 2004 Re: Grande Reserve SSA Update The Grande Reserve Special Service Area Resolution of Official Intent, for an amount not to exceed $60 million, was passed 08/26/03. Upon recent meetings with William Blair, it has been recommended that the Grande Reserve SSA structure be phased in 5 SSA bonds. This will allow better timing and use of SSA funds for the phasing of the numerous public improvements. Below is an estimated timetable to issue the next Grande Reserve SSA bond(s): Administration Committee 02/12/04 Peter Raphael from William Blair & Co. will be giving an overview of the 5 possible Grande Reserve SSA issues and will be available to answer any questions. Draft versions of the Proposing Ordinances will be included. Administration Committee 02/12/04 Proposing Ordinance(s) — this proposes the establishment of a Special Service Area. COW 02/17/04 City Council 02/24/04 Publish notice of Public Hearing 03/04/04 For all taxpayers of record within the Special Service Area. City Council 03/23/04 Public Hearing(s) 60 day waiting period Unless waived by property owners within the Special Service Area. Administration Committee 05/13/04 Establishing Ordinance(s) — this officially establishes the Special Service Area. COW 05/18/04 Bond Ordinance(s) — authorizes the issuance City Council 05/25/04 of the bonds. June 2004 Bond Closing(s) William Blair & Company Limited Liability Company MEMORANDUM 0 TO: The United City of Yorkville City Council FROM: MPI Grande Reserve Financing Team RE: Special Service Area Bonds DATE: February 5, 2004 Pursuant to the Annexation Agreement and Planned Unit Development Agreement(Grande Reserve Subdivision), the City has agreed to issue up to $60,000,000 in special service area bonds to pay for a portion of the public improvements. We have identified approximately $65 million of costs for eligible public improvements such as roads, water, sewer, stormwater and parks. A large portion of these public improvements is required to be installed upfront such as the water tower, roadwork and parks. In addition, there will be extensive onsite improvements for each neighborhood being developed. It is therefore important to the City and the Developer to develop a financing structure that addresses both the timing of the availability of funds and provides adequate flexibility. In developing this structure, we had the following goals: i) keep the total amount of bonds payable by the homeowners to $60 million or less; ii) keep the annual tax payable by the homeowners on par with the City's existing special service areas; iii) provide adequate funds upfront to allow for construction of general subdivision public improvements; and, iv) structure a bond issue or issues that are acceptable to the bond market. One structure would be to issue the full $60,000,000 this year. However, due to the staged development plan, portions of the public improvements will not be installed for two to three years. In addition the Developer would have to pay the special tax for all lots that have not been sold. A better structure is to phase the bonds to match the development process. Therefore, we are breaking down the financing of the Grande Reserve Subdivision based on three geographic areas—North Parcel, Central Parcel and South Parcel. Based on the number of housing units in each Parcel and based upon the maximum tax payable by each homeowner, we can allocate the bonds as follows: Parcel Units Amount Estimated Funding Date North 825 $17,400,000 Mid-2006 Central 1 622 $15,000,000 Mid-2004 Central 2 623 $15,000,000 Late-2005 South 276 $7,600,000 Mid-2006 222 WEST ADAMS STREET CHICAGO, ILLINOIS 60606 312.236.1600 The benefit of this structure is that we would bring bonds to market in four phases as particular Parcels commence development. However, we still need to address the issue of the upfront funds to pay for the general subdivision water, sewer and road costs. To remedy this problem, we are asking the City to issue another series of bonds known as "variable rate bonds" to cover a portion of the regional water, sewer and road costs. The variable rate bonds would be non-recourse to the City and secured by a letter of credit provided by the Developer's bank. As each neighborhood is sold to a homebuilder, the variable rate bonds would either be retired (as in the case of the Central Parcel) or converted to a fixed rate bond (as in the case of the North and South Parcels). Specifically the City would issue $10 million of variable rate bonds, approximately $5 million of which would be retired as Central Parcel properties are sold and approximately $5 million of which would be converted to fixed rate as the North and South Parcels are developed. It is important to note that the variable rate tax will not be the responsibility of the homeowner, and will not be part of the real estate tax bill because the variable rate bonds are retired or converted prior to the time a homeowner takes possession of the home. In summary, we are asking the City to form four special service Areas: North Parcel SSA Central Parcel SSA South parcel SSA Variable Rate SSA (encompassing North, Central and South) The Variable Rate SSA would issue approximately $10 million in bonds by mid-June 2004. The Central Parcel SSA would issue $15 million in fixed rate bonds by the end of summer of 2004, with a second issue to follow within two years. The North and South Parcel SSAs would be formed but remain dormant until the Parcels were ready for onsite development. 222 WEST ADAMS STREET CHICAGO, ILLINOIS 60606 312.236.1600 02/12/2004 14 31 FAX 630 553 5764 DANIEL J. KRAMER 2 002/002 2 " 0 United City of Yorkville T ---, ' County Seat of Kendall County E9r. ; 1936 800 Game Farm Road N Yorkville, Illinois 60560 I���I O Phone:630-553-4350 9 .,d , 42' Fax.630-553-7575 Z(.E ‘Vv e ruary 12, 2004 Traci Pleckham United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 RE: SSA Ordinances Dear Traci; I have received and reviewed from Laura Bilas, the Proposing Ordinances for the four Special Service Areas to be established in the Grand Reserve Development. They are in the format that we have used in the past on the two other SSA's created for Subdivisions in the United City of Yorkville. Other than as Laura has pointed out in her letter that we need to include the legal description on one not yet determined, they are in order. Very tru ours, Daniel J. Kramer Attorney at Law DJK:rg ORDINANCE NO. AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2004-103 NORTH GRANDE RESERVE IN THE UNITED CITY OF YORKVILLE AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AS FOLLOWS: Section 1. Authority. The United City of Yorkville, Kendall County, Illinois (the "City") is authorized pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5 et seq. (the "Act"), which provides, inter alia, the manner of levying or imposing taxes and issuing bonds for the provision of special services to areas within the boundaries of municipalities and counties. Section 2. Findings. The City Council of the City finds and deteiniines as follows: a. Owners of record (the "Owners") of that portion of the City described in Exhibit A attached hereto and made a part hereof (hereinafter the "Subject Territory") have expressed an interest in the construction, acquisition and installation of various infrastructure improvements to their properties as further described herein; and b. Pursuant to Section 27-20 of the Act, the Owners have filed an application with the City Council of the City proposing that the City establish a special service area (the "Application"); and c. It is in the public interest that the City Council of the City consider the creation of a special service area for the Subject Territory; and d. The special service area proposed for consideration is compact and contiguous and is outlined on the map of a portion of the City, which map is attached hereto as Exhibit B and made a part hereof; and e. The proposed special service area will benefit specially from the municipal services to be provided to the area. These proposed municipal services are in addition to municipal services provided to the City as a whole. Section 3. Proposal. In response to the expressed interest of the Owners, the City Council of the City hereby accepts the Application and proposes the establishment of City of Yorkville Special Service Area Number 2004-103 North Grande Reserve for the construction, acquisition and installation of infrastructure improvements to serve the Subject Territory. Section 4. Public Hearing. A public hearing shall be held on the 23rd day of March, 2004, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, to 011 11810004A consider the creation of the City of Yorkville Special Service Area Number 2004-103 North Grande Reserve, in the Subject Territory. At the hearing, the following alternative methods of financing improvements within the proposed special service area will be considered: (i) the imposition or levy by the City of a tax in the proposed special service area sufficient to produce revenues to provide special municipal services to the proposed special service area; the maximum rate of such taxes to be extended in any year for special services under this ordinance within the proposed special service area shall not exceed the amount necessary to produce a maximum annual tax levy of $ 2.300,000 in accordance with the special tax roll referred to below, and (ii) the borrowing of an amount not to exceed an aggregate principal amount of$ 20,000,000 to be evidenced by special tax bonds of such area (the `Bonds"), the proceeds of which shall be used to pay the cost of providing special municipal services to the proposed special service area, to fund certain reserves for, and interest on, the Bonds and initial administrative expenses relating to the proposed special service area, and to pay the cost of issuing the Bonds. The special municipal services to be provided to the proposed special service area may include: engineering, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and stoup sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, equestrian paths and related street improvements, public parks and related improvements and equipment and materials necessary for the maintenance thereof. sublic •arks •ark im.rovements bicycle .aths, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. The Bonds, if issued, shall be retired over a period not to exceed forty (40) years from the date of their issuance and shall bear interest at a rate not to exceed the greater of nine percent (9%) per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds. The Bonds, if issued, shall be retired by the levy of an annual tax levied against each parcel of property within the special service area pursuant to a special tax roll to pay the interest on the Bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the Subject Territory. This tax is to be levied upon all taxable property within the proposed special service area. Section 5. Notice of Public Hearing. Notice of hearing shall be published at least once not less than fifteen (15) days prior to the public hearing specified in Section 4 above, in a newspaper of general circulation in the City. In addition, notice shall be given by depositing the notice in the United States mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed special service area. This notice shall be mailed not less than ten (10) days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of the property. The notice to owners of record shall be in substantially the form set forth in Exhibit C to this Ordinance. 2 011.1181000-1-1 Section 6. Supercede Conflicting Ordinances. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. Section 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED by the City Council of the City this , 2004. Voting Aye (list names): Voting Nay (list names): Abstaining (list names): Absent (list names): City Clerk SIGNED by the Mayor this , 2004. Mayor ATTEST: City Clerk Published in pamphlet form , 2004. 3 011.11810004-1 EXHIBIT A Legal Description 011.11810004 EXHIBIT B Map of Special Service Area Number 2004-103 North Grande Reserve 011.1181000-1-1 EXHIBIT C NOTICE OF HEARING UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2004-103 NORTH GRANDE RESERVE NOTICE IS HEREBY GIVEN that on March 23, 2004 at 7:00 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the City of Yorkville to consider forming a special service area, to be called ``City of Yorkville Special Service Area Number 2004-103 North Grande Reserve," consisting of the territory legally described in Exhibit 1 to this Notice. The approximate street location is the area generally depicted on the map of a portion of the City, which map is attached as Exhibit 2 to this Notice. The general purpose of the foiniation of the City of Yorkville Special Service Area Number 2004-103 North Grande Reserve is to provide special municipal services to the area which may include: engineering, soil testing and appurtenant work, mass grading and demolition, stout' 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, equestrian paths and related street improvements, public parks and related improvements and equipment and materials necessary for the maintenance thereof, public parks, park improvements and bicycle paths, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. There will also be considered at the hearing the following alternative methods of financing improvements within the proposed special service area: (i) the levy of a tax by the City in the proposed special service area, sufficient to produce revenues to provide special municipal services to the proposed special service area; the maximum rate of such taxes to be extended in any year within the proposed special service area which shall not exceed the amount necessary to produce a maximum annual tax levy of$- 2,300.000 in accordance with the special tax roll referred to below, and (ii) the issuance of special tax bonds in an aggregate principal amount not to exceed $ 20,000,000 at an interest rate of not to exceed the greater of nine percent (9%) per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the bonds, and to mature within thirty (30) years from the date of their issuance. The bonds, if issued, shall be retired by the levy of an annual tax established pursuant to a special tax roll to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the special service area, said tax to be levied upon all taxable property within the proposed special service area. 011 118100041 At the hearing, all interested persons affected by the fouuation of such special service area, including all persons owning taxable real estate therein, may file written objections to and be heard orally regarding the formation of and the boundaries of the special service area, the issuance of bonds and the levy of taxes affecting the area. The hearing may be adjourned by the City Council without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition signed by at least 51% of the electors residing within the City of Yorkville Special Service Area Number 2004-103 North Grande Reserve and by at least 51% of the owners of record of the land included within the boundaries of the City of Yorkville Special Service Area Number 2004-103 North Grande Reserve is filed with the City Clerk of the City of Yorkville within 60 days following the final adjournment of the public hearing objecting to the creation of the special service area, the issuance of bonds for the provision of special services to the area or the levy of taxes affecting the area, no such area may be created and no such bonds may be issued or taxes levied or imposed. 2 01111810004_1 Exhibit 1 to Notice Legal Description of Property 011.118100041_ Exhibit 2 to Notice Map of Proposed Special Service Area 011.1181000-41 ORDINANCE NO. AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2004-104 CENTRAL GRANDE RESERVE IN THE UNITED CITY OF YORKVILLE AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AS FOLLOWS: Section 1. Authority. The United City of Yorkville, Kendall County, Illinois (the `'City") is authorized pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5 et seq. (the ``Act"), which provides, inter alia, the manner of levying or imposing taxes and issuing bonds for the provision of special services to areas within the boundaries of municipalities and counties. Section 2. Findings. The City Council of the City finds and determines as follows: a. Owners of record (the "Owners") of that portion of the City described in Exhibit A attached hereto and made a part hereof (hereinafter the "Subject Territory") have expressed an interest in the construction, acquisition and installation of various infrastructure improvements to their properties as further described herein; and b. Pursuant to Section 27-20 of the Act, the Owners have filed an application with the City Council of the City proposing that the City establish a special service area (the '`Application"); and c. It is in the public interest that the City Council of the City consider the creation of a special service area for the Subject Territory; and d. The special service area proposed for consideration is compact and contiguous and is outlined on the map of a portion of the City, which map is attached hereto as Exhibit B and made a part hereof; and e. The proposed special service area will benefit specially from the municipal services to be provided to the area. These proposed municipal services are in addition to municipal services provided to the City as a whole. Section 3. Proposal. In response to the expressed interest of the Owners, the City Council of the City hereby accepts the Application and proposes the establishment of City of Yorkville Special Service Area Number 2004-104 Central Grande Reserve for the construction, acquisition and installation of infrastructure improvements to serve the Subject Territory. Section 4. Public Hearing,. A public hearing shall be held on the 23rd day of March, 2004, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, to 011.1181005-.1 consider the creation of the City of Yorkville Special Service Area Number 2004-104 Central Grande Reserve, in the Subject Territory. At the hearing, the following alternative methods of financing improvements within the proposed special service area will be considered: (i) the imposition or levy by the City of a tax in the proposed special service area sufficient to produce revenues to provide special municipal services to the proposed special service area; the maximum rate of such taxes to be extended in any year for special services under this ordinance within the proposed special service area shall not exceed the amount necessary to produce a maximum annual tax levy of $ 4,000,000 in accordance with the special tax roll referred to below, and (ii) the borrowing of an amount not to exceed an aggregate principal amount of$ 35,000,000 to be evidenced by special tax bonds of such area (the "Bonds"), the proceeds of which shall be used to pay the cost of providing special municipal services to the proposed special service area, to fund certain reserves for, and interest on, the Bonds and initial administrative expenses relating to the proposed special service area, and to pay the cost of issuing the Bonds. The special municipal services to be provided to the proposed special service area may include: 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, equestrian paths and related street improvements, public parks and related improvements and equipment and materials necessary for the maintenance thereof, public parks, park improvements, bicycle paths, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. The Bonds, if issued, shall be retired over a period not to exceed forty (40) years from the date of their issuance and shall bear interest at a rate not to exceed the greater of nine percent (9%) per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds. The Bonds, if issued, shall be retired by the levy of an annual tax levied against each parcel of property within the special service area pursuant to a special tax roll to pay the interest on the Bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the Subject Territory. This tax is to be levied upon all taxable property within the proposed special service area. Section 5. Notice of Public Hearing. Notice of hearing shall be published at least once not less than fifteen (15) days prior to the public hearing specified in Section 4 above, in a newspaper of general circulation in the City. In addition, notice shall be given by depositing the notice in the United States mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed special service area. This notice shall be mailed not less than ten (10) days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of the property. The notice to owners of record shall be in substantially the form set forth in Exhibit C to this Ordinance. 2 011.11810054. Section 6. Supercede Conflicting Ordinances. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. Section 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED by the City Council of the City this , 2004. Voting Aye (list names): Voting Nay (list names): Abstaining (list names): Absent (list names): City Clerk SIGNED by the Mayor this , 2004. Mayor ATTEST: City y Clerk Published in pamphlet foiiu , 2004. 3 011.118100541 EXHIBIT A Legal Description 011.1181005-1-1 EXHIBIT B Map of Special Service Area Number 2004-104 Central Grande Reserve 011.118100541 EXHIBIT C NOTICE OF HEARING UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2004-104 CENTRAL GRANDE RESERVE HEREBY GIVEN that on March 23, 2004 at 7:00p.m. at the Yorkville City IS Hall, 800 Game Faun Road, Yorkville, Illinois, a hearing will be held by the City of Yorkville to consider forming a special service area, to be called "City of Yorkville Special Service Area Number 2004-104 Central Grande Reserve," consisting of the territory legally described in Exhibit 1 to this Notice. The approximate street location is the area generally depicted on the map of a portion of the City, which map is attached as Exhibit 2 to this Notice. The general purpose of the formation of the City of Yorkville Special Service Area Number 2004-104 Central Grande Reserve is to provide special municipal services to the area which may include: engineering, soil testing and appurtenant work, mass grading and demolition, stain" water management facilities, stout' 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, equestrian paths and related street improvements, public parks and related improvements and equipment and materials necessary for the maintenance thereof, public parks, park improvements and bicycle paths, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. There will also be considered at the hearing the following alternative methods of financing improvements within the proposed special service area: (i) the levy of a tax by the City in the proposed special service area, sufficient to produce revenues to provide special municipal services to the proposed special service area; the maximum rate of such taxes to be extended in any year within the proposed special service area which shall not exceed the amount necessary to produce a maximum annual tax levy of$ /1,000.000 in accordance with the special tax roll referred to below, and (ii) the issuance of special tax bonds in an aggregate principal amount not to exceed $ 35,000,000 at an interest rate of not to exceed the greater of nine percent (9%) per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the bonds, and to mature within thirty (30) years from the date of their issuance. The bonds, if issued, shall be retired by the levy of an annual tax established pursuant to a special tax roll to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the special service area, said tax to be levied upon all taxable property within the proposed special service area. 011.1181005 1 At the hearing, all interested persons affected by the formation of such special service area, including all persons owning taxable real estate therein, may file written objections to and be heard orally regarding the formation of and the boundaries of the special service area, the issuance of bonds and the levy of taxes affecting the area. The hearing may be adjourned by the City Council without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition signed by at least 51% of the electors residing within the City of Yorkville Special Service Area Number 2004-104 Central Grande Reserve and by at least 51% of the owners of record of the land included within the boundaries of the City of Yorkville Special Service Area Number 2004-104 Central Grande Reserve is filed with the City Clerk of the City of Yorkville within 60 days following the final adjournment of the public hearing objecting to the creation of the special service area, the issuance of bonds for the provision of special services to the area or the levy of taxes affecting the area, no such area may be created and no such bonds may be issued or taxes levied or imposed. 2 011 11810054,A Exhibit 1 to Notice Legal Description of Property 011.118100541 Exhibit 2 to Notice Map of Proposed Special Service Area 011.11810054, ORDINANCE NO. AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2004-105 SOUTH GRANDE RESERVE IN THE UNITED CITY OF YORKVILLE AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AS FOLLOWS: Section 1. Authority. The United City of Yorkville, Kendall County, Illinois (the "City") is authorized pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5 et seq. (the "Act"), which provides, inter alia, the manner of levying or imposing taxes and issuing bonds for the provision of special services to areas within the boundaries of municipalities and counties. Section 2. Findings. The City Council of the City finds and determines as follows: a. Owners of record (the "Owners") of that portion of the City described in Exhibit A attached hereto and made a part hereof (hereinafter the "Subject Territory") have expressed an interest in the construction, acquisition and installation of various infrastructure improvements to their properties as further described herein; and b. Pursuant to Section 27-20 of the Act, the Owners have filed an application with the City Council of the City proposing that the City establish a special service area (the "Application"); and c. It is in the public interest that the City Council of the City consider the creation of a special service area for the Subject Territory; and d. The special service area proposed for consideration is compact and contiguous and is outlined on the map of a portion of the City, which map is attached hereto as Exhibit B and made a part hereof; and e. The proposed special service area will benefit specially from the municipal services to be provided to the area. These proposed municipal services are in addition to municipal services provided to the City as a whole. Section 3. Proposal. In response to the expressed interest of the Owners, the City Council of the City hereby accepts the Application and proposes the establishment of City of Yorkville Special Service Area Number 2004-105 South Grande Reserve for the construction, acquisition and installation of infrastructure improvements to serve the Subject Territory. Section 4. Public Hearing. A public hearing shall be held on the 23rd day of March, 2004, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, to 011.118100741 consider the creation of the City of Yorkville Special Service Area Number 2004-105 South Grande Reserve, in the Subject Territory. At the hearing, the following alternative methods of financing improvements within the proposed special service area will be considered: (i) the imposition or levy by the City of a tax in the proposed special service area sufficient to produce revenues to provide special municipal services to the proposed special service area; the maximum rate of such taxes to be extended in any year for special services under this ordinance within the proposed special service area shall not exceed the amount necessary to produce a maximum annual tax levy of $ 1.150,000 in accordance with the special tax roll referred to below, and (ii) the borrowing of an amount not to exceed an aggregate principal amount of$ 10,000,000 to be evidenced by special tax bonds of such area (the 'Bonds"), the proceeds of which shall be used to pay the cost of providing special municipal services to the proposed special service area, to fund certain reserves for, and interest on, the Bonds and initial administrative expenses relating to the proposed special service area, and to pay the cost of issuing the Bonds. The special municipal services to be provided to the proposed special service area may include: engineering, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, stoini 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, equestrian paths and related street improvements, public parks and related improvements and equipment and materials necessary for the maintenance thereof, public parks, park improvements, bicycle paths, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. The Bonds, if issued, shall be retired over a period not to exceed forty (40) years from the date of their issuance and shall bear interest at a rate not to exceed the greater of nine percent (9%) per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds. The Bonds, if issued, shall be retired by the levy of an annual tax levied against each parcel of property within the special service area pursuant to a special tax roll to pay the interest on the Bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the Subject Territory. This tax is to be levied upon all taxable property within the proposed special service area. Section 5. Notice of Public Hearing. Notice of hearing shall be published at least once not less than fifteen (15) days prior to the public hearing specified in Section 4 above, in a newspaper of general circulation in the City. In addition, notice shall be given by depositing the notice in the United States mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed special service area. This notice shall be mailed not less than ten (10) days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the notice shall be sent to theperson last listed on the tax rollsprior to that year as the owner of the property. The notice to owners of record shall be in substantially the form set forth in Exhibit C to this Ordinance. 2 011.11810074. Section 6. Supercede Conflicting, Ordinances. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. Section 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED by the City Council of the City this , 2004. Voting Aye (list names): Voting Nay (list names): Abstaining (list names): Absent (list names): City Clerk SIGNED by the Mayor this , 2004. Mayor ATTEST: City Clerk Published in pamphlet form , 2004. 3 0111181007-1-1 EXHIBIT A Legal Description 011.11810074-1 EXHIBIT B Map of Special Service Area Number 2004-105 South Grande Reserve 011.11810074j EXHIBIT C NOTICE OF HEARING UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2004-105 SOUTH GRANDE RESERVE NOTICE IS HEREBY GIVEN that on March 23, 2004 at 7:00 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the City of Yorkville to consider fouliing a special service area, to be called "City of Yorkville Special Service Area Number 2004-105 South Grande Reserve," consisting of the territory legally described in Exhibit 1 to this Notice. The approximate street location is the area generally depicted on the map of a portion of the City, which map is attached as Exhibit 2 to this Notice. The general purpose of the formation of the City of Yorkville Special Service Area Number 2004-105 South Grande Reserve is to provide special municipal services to the area which may include: 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, equestrian paths and related street improvements, public parks and related improvements and equipment and materials necessary for the maintenance thereof, public parks, park improvements and bicycle paths, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. There will also be considered at the hearing the following alternative methods of financing improvements within the proposed special service area: (i) the levy of a tax by the City in the proposed special service area, sufficient to produce revenues to provide special municipal services to the proposed special service area; the maximum rate of such taxes to be extended in any year within the proposed special service area which shall not exceed the amount necessary to produce a maximum annual tax levy of$ 1,150,000 in accordance with the special tax roll referred to below, and (ii) the issuance of special tax bonds in an aggregate principal amount not to exceed $ 10,000,000 at an interest rate of not to exceed the greater of nine percent (9%) per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the bonds, and to mature within thirty (30) years from the date of their issuance. The bonds, if issued, shall be retired by the levy of an annual tax established pursuant to a special tax roll to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the special service area, said tax to be levied upon all taxable property within the proposed special service area. 011.118100741 At the hearing, all interested persons affected by the formation of such special service area, including all persons owning taxable real estate therein, may file written objections to and be heard orally regarding the formation of and the boundaries of the special service area, the issuance of bonds and the levy of taxes affecting the area. The hearing may be adjourned by the City Council without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition signed by at least 51% of the electors residing within the City of Yorkville Special Service Area Number 2004-105 South Grande Reserve and by at least 51% of the owners of record of the land included within the boundaries of the City of Yorkville Special Service Area Number 2004-105 South Grande Reserve is filed with the City Clerk of the City of Yorkville within 60 days following the final adjournment of the public hearing objecting to the creation of the special service area, the issuance of bonds for the provision of special services to the area or the levy of taxes affecting the area, no such area may be created and no such bonds may be issued or taxes levied or imposed. 011.1181007-1-J ✓ Exhibit 1 to Notice Legal Description of Property 011.11810074i_ Exhibit 2 to Notice Map of Proposed Special Service Area 011.118100741 ORDINANCE NO. AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2004-106 TOTAL GRANDE RESERVE IN THE UNITED CITY OF YORKVILLE AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AS FOLLOWS: Section 1. Authority. The United City of Yorkville, Kendall County, Illinois (the "City") is authorized pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5 et seq. (the "Act'), which provides, inter alia, the manner of levying or imposing taxes and issuing bonds for the provision of special services to areas within the boundaries of municipalities and counties. Section 2. Findings. The City Council of the City finds and determines as follows: a. Owners of record (the "Owners") of that portion of the City described in Exhibit A attached hereto and made a part hereof (hereinafter the "Subject Territory") have expressed an interest in the construction, acquisition and installation of various infrastructure improvements to their properties as further described herein; and b. Pursuant to Section 27-20 of the Act, the Owners have filed an application with the City Council of the City proposing that the City establish a special service area (the "Application"); and c. It is in the public interest that the City Council of the City consider the creation of a special service area for the Subject Territory; and d. The special service area proposed for consideration is compact and contiguous and is outlined on the map of a portion of the City, which map is attached hereto as Exhibit B and made a part hereof; and e. The proposed special service area will benefit specially from the municipal services to be provided to the area. These proposed municipal services are in addition to municipal services provided to the City as a whole. Section 3. Proposal. In response to the expressed interest of the Owners, the City Council of the City hereby accepts the Application and proposes the establishment of City of Yorkville Special Service Area Number 2004-106 Total Grande Reserve for the construction, acquisition and installation of infrastructure improvements to serve the Subject Territory. Section 4. Public Hearing. A public hearing shall be held on the 23rd day of March, 2004, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, to 011118100941 consider the creation of the City of Yorkville Special Service Area Number 2004-106 Total Grande Reserve, in the Subject Territory. At the hearing, the following alternative methods of financing improvements within the proposed special service area will be considered: (i) the imposition or levy by the City of a tax in the proposed special service area sufficient to produce revenues to provide special municipal services to the proposed special service area; the maximum rate of such taxes to be extended in any year for special services under this ordinance within the proposed special service area shall not exceed the amount necessary to produce a maximum annual tax levy of $ 2.000,000 in accordance with the special tax roll referred to below, and (ii) the borrowing of an amount not to exceed an aggregate principal amount of$ 16,000,000 to be evidenced by special tax bonds of such area (the `Bonds"), the proceeds of which shall be used to pay the cost of providing special municipal services to the proposed special service area, to fund certain reserves for, and interest on, the Bonds and initial administrative expenses relating to the proposed special service area, and to pay the cost of issuing the Bonds. The special municipal services to be provided to the proposed special service area may include: 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, equestrian paths and related street improvements, public parks and related improvements and equipment and materials necessary for the maintenance thereof, public parks, park improvements, bicycle paths, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. The Bonds, if issued, shall be retired over a period not to exceed forty (40) years from the date of their issuance and shall bear interest at a rate not to exceed the greater of nine percent (9%) per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds. The Bonds, if issued, shall be retired by the levy of an annual tax levied against each parcel of property within the special service area pursuant to a special tax roll to pay the interest on the Bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the Subject Territory. This tax is to be levied upon all taxable property within the proposed special service area. Section 5. Notice of Public Hearing. Notice of hearing shall be published at least once not less than fifteen (15) days prior to the public hearing specified in Section 4 above, in a newspaper of general circulation in the City. In addition, notice shall be given by depositing the notice in the United States mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed special service area. This notice shall be mailed not less than ten (10) days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of the property. The notice to owners of record shall be in substantially the form set forth in Exhibit C to this Ordinance. 011 11810094_1 Section 6. Supercede Conflicting Ordinances. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. Section 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED by the City Council of the City this , 2004. Voting Aye (list names): Voting Nay (list names): Abstaining (list names): Absent (list names): City Clerk SIGNED by the Mayor this , 2004. Mayor ATTEST: City Clerk Published in pamphlet form , 2004. 3 011.118100941 EXHIBIT A Legal Description 011.118100941 EXHIBIT B Map of Special Service Area Number 2004-106 Total Grande Reserve 011.1181009-k1 EXHIBIT C NOTICE OF HEARING UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2004-106 TOTAL GRANDE RESERVE NOTICE IS HEREBY GIVEN that on March 23, 2004 at 7:00 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the City of Yorkville to consider founing a special service area, to be called "City of Yorkville Special Service Area Number 2004-106 Total Grande Reserve," consisting of the territory legally described in Exhibit 1 to this Notice. The approximate street location is the area generally depicted on the map of a portion of the City, which map is attached as Exhibit 2 to this Notice. The general purpose of the formation of the City of Yorkville Special Service Area Number 2004-106 Total Grande Reserve is to provide special municipal services to the area which may include: 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, equestrian paths and related street improvements, and equipment and materials necessary for the maintenance thereof, public parks, park improvements and bicycle paths, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. There will also be considered at the hearing the following alternative methods of financing improvements within the proposed special service area: (i) the levy of a tax by the City in the proposed special service area, sufficient to produce revenues to provide special municipal services to the proposed special service area; the maximum rate of such taxes to be extended in any year within the proposed special service area which shall not exceed the amount necessary to produce a maximum annual tax levy of$ 2,000.000 in accordance with the special tax roll referred to below, and (ii) the issuance of special tax bonds in an aggregate principal amount not to exceed $ 16,000,000 at an interest rate of not to exceed the greater of nine percent (9%) per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the bonds, and to mature within thirty (30) years from the date of their issuance. The bonds, if issued, shall be retired by the levy of an annual tax established pursuant to a special tax roll to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the special service area, said tax to be levied upon all taxable property within the proposed special service area. 011.11810094.1 At the hearing, all interested persons affected by the formation of such special service area, including all persons owning taxable real estate therein, may file written objections to and be heard orally regarding the formation of and the boundaries of the special service area, the issuance of bonds and the levy of taxes affecting the area. The hearing may be adjourned by the City Council without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition signed by at least 51% of the electors residing within the City of Yorkville Special Service Area Number 2004-106 Total Grande Reserve and by at least 51% of the owners of record of the land included within the boundaries of the City of Yorkville Special Service Area Number 2004-106 Total Grande Reserve is filed with the City Clerk of the City of Yorkville within 60 days following the final adjournment of the public hearing objecting to the creation of the special service area, the issuance of bonds for the provision of special services to the area or the levy of taxes affecting the area, no such area may be created and no such bonds may be issued or taxes levied or imposed. 011.1181009 A Exhibit 1 to Notice Legal Description of Property 011.118100941 Exhibit 2 to Notice Map of Proposed Special Service Area 011.11810094.1 Feb . 3 . 2004 10 51AM No 3795 P . 6/9 Sclioppe Design Associates Landscape Architecture and Land Planning 430 W. Downer Place Ph. (830) 896-2501 Aurora, IL 80508 Fax (630) 896-3228 January 29, 2004 Mr, Tony Graff City Administrator City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: School Site Study Dear Tony, We have completed our work on the first phase of the School Selection Study as the City has requested. With this work, we have developed the methodology for calculating the number of anticipated school children per school type for individual properties. We have applied this methodology to Planning Areas 1 and 2 shown on the attached map which is generally the areas north of the Burlington Northern railroad tracks, Within these two areas, we have identified where elementary and middle school sites should be located given the residential uses proposed in the City's Land Use Plan for these areas. A copy of the map illustrating this information is attached. We selected these two areas for this initial work because of the increased development activity in these areas, Our total fees which have been invoiced to the City for this work is $8,755.00. Having completed this initial work, we recommend the City authorize SDA to prepare the same study covering the remaining 9 planning areas (area from Burlington Northern railroad tracks south to Caton Farm Road). At the conclusion of this proposed study,we will produce an updated map identifying locations of elementary, middle and possible high school sites within the remaining planning areas. We would propose to continue working with the School District as we have with the initial study and when completed, submit the study to the School District and City Council for approval. We anticipate this study to be used by the School District and the City when reviewing new development proposals. Our fee for the work,will be invoiced on an hourly basis, not to exceed $9,500 at the rates outlined in our existing contract, We anticipate having this study completed and ready for presentation to City Council within 45 days of your authorization to proceed. Page oft Feb . 3 . 2004 10 : 51AM No 3795 P . 7/9 ' If you have any questions regarding our proposal, please contact me and we can clarify any questions. We look forward to your authorization. Sincerely, Schoppe Design Associates Mike Schoppe President Nero2a2 Feb • 3 . 2004-10 : 51AM __.._._ _ No . 3795 P . 8/9_ , '•, .0.,Ai; I'i , ... . ,,,,.,. . :,k. A • A+�USA! 11 1 il I � I l_._J _:,. r _ 0 .i,.. i. ., .. ,„, 1 it ....,.. 4. izziP l n 41 .4 414 i p0rr l ,��• P rr' • ' ...., , .,z,,p. ,:... dime t:e::::, ': 'IV:\ 11,11,-II. ' .. 411111110111:1'.1:' ') r R. r■ .uI •r`��• • :. . 1111:+ 0.li mer , 0 I0 f,, .►�', r � 1 , .. . • . . a) .. .. , . . . . . , „ , , . ..,.. . : ,..,..„, . \,, .. . . ..r : • FA If • )-4- e MP. . I l I :—— , g 3 . PLANNING AREAS LeG ND SCfOPPE DESIGN ASSOCL4TES (I)yf• TTa lima➢City 01 Vo/lMup ,av uer ear ,,� rf..0 M41 LbndlCyPf/R.S/NC➢iH./Id 1Lnd.Pbu�i�f '.1,i1411.11; ,�� 6000onwFirmZO. m �.�m 1 ,^� YaA w,1160910 t66.6M1N?70 ..,_. �,.,w.,...,➢in ala R.Down=PLACE M(634106-2101 r Plod It6POR11L60506 PAX 03)01 196-5526 •••11 aA me Non pCN,i',1'•211Y I , __.„ ,r. cy .,„_ UNITEI . CITY YKV1I.. LE ....,.......,....vr,_ •P•i'-.7:: '.sk;'?...... .-'7''''Wq.,7:M.1.17144', , \, :..;,......:.:: *., :..::...*„.i.:-;.:.;)-.....::.-i-1.911.iii1.41-1t:prisdit'"'- ..i-I''..,,.: 1.„---,--•„,,*-,..4,.?4,F.7.;.; .x 3 '!- ML4 3. :- „..i.....-„-a.„....,.,44 m. " ai•iS�i. '�+' • wq.ti•"'."'T•• �3 T',i•�.t'"� m.;agd'S h: Y 7 a- • .1! f..3-11-4 . s 3' 4 c i, ` CYT ?' 1 t �¢ - =3C ' l F f R'''ti I d J �B � 'xC a y (! y r is o4c_.L3 si . r E w `mac ' 2 ._ i4111111k . -1-1.----,,,,,:-."A �.._. ?3 bmf 4 s reg„ +' l � _ so y I .-t Asx♦ - - • I . r GG . . ,. [.... ....•-''-''-.••:.•'•!' ....'.•..•::;... .,;i:Pf::-.-,';''''..4K.'f'1.'•:--;4"::::.---- r f ,. .�r t : F:.,.-.:,.: - tP % fT s Al -Z*•,.• '-... *• - ' ':*•.'*:1%. . • ..:-.*:`:.•: :74,1&::.ij-"WAV.:*;!;\';1•-s''`.'*;-. ..,-":0 .;11;ilig0-**NW-C ' ELEI�NTMYlYIDOLE PROPOSED ELEMENTARY 1 SCHOOL SITE STUDYe > OSL SCHOOL 6CHOOL 4 A e� UMW .•m we. � ss 4........... SCHOPP&D£STGNA OCIATK Ea The United City Of Yorkr171e .d. !l •, C3•�"�•�� ..-: 800 Game Fain Ra. Ia vFe Ardnsa.,anflainauft o , Q...ee D.. - vutrle,Lm98o %Ifbeiio O•r oe®�® C3• gq.•..4m. 430 W DOVICER PL4CE PH‘Y1.40)6462501 N f.-�-... rototnu a>�iricmi I m —._vrt uem -�o®mm AVIKR<iL 60X(6 FAX(630)8%-1278 rEv.• un vs� 60LLG 1'•IND WO 11 1....I .r T i,,aa>m I aH.®10.1 ica.�l —•••urnvca> 3 .misiu M.o. �1. S * Y%N € J 1, 3y . UNITvD CI1'Y OF YORKVIILIE _ _ _ _ _ _ y JI l ,,,--0.,,,,r 3"' L E ,. .,. .. ..... 10 ' Q - • • /4 • I. I ,cy 1 t \-1—] zy rt„,:,, ........_____,..--0 , c / ■ a o F - w z 0 ,... - , EXISTING � 41.-4.°Allvgi\°115.-11.4.41>41.--111,, ,,,. H ELEMENTARY iii. 1, SCHOOL ,, n 1 . I ---`---------- ----1-) PROPOSPRIElk)AFE'IM SCHOOL SITE STUDY ELEMES HOOMIDDLE O SQHOOLD 0 ELSCHOOLRY ep 6. KEY 5 OV 2,OOP OOOP ♦�e I 0� o. _ cd„ _ SCHOPPE DESIGN ASSOCIATES Ti ©� The United City Of Yorkville „PR„.„RFMRaaRRaPP PP.TRa cwol^a �N6nR oRRO000 PR u u CE��Us ` Yorkville,IL 60560 �p0 W.aDOWNER PLACE re and Land PO)N z. 0 0 "�1AiI 800 Game Farm Rd. cape nning 1 1 11-25-200J FOR INITIAL CLIENT REVIEW 0' mite OP \ `r 630-553-4350 96-2501 REV.0 DATE PURPOSE SCALE:t'•1,000' iI North Limas OF secnoNs ,0,-",,o,-MSTRA CPE � AURORA,IL 60506 LAX(630)896-3__8 1 DRAWN JAM I 11-253021 i CAE...I MAS 1 11-2'2021 UNITE :it CI ,,. y e ,, y•R KviL-T.._,, E 1 1 1 1 1 1 - - ........ ' . ,.................,........................ ,... 1 0 1 1 �, i �l(..) }• (-�i C)Nil , .,, I 4 0 'e n v, 1 u 1 1 0 , ,,,' .4„,'' O 100 Ilit 00 00 ii.110 6. 0° i � log 00 ` j EXISITING 00- ! ELEMENTARY Q (. SCHOOL OR/10 is 1 .0''''7.4iLIO1 1,, SCHOOL SITE STUDY O ELEMENTARY MIDDLE PROPOSED Q ELEMENTARY ?I 5 600 x.000 a,000 TA ° pLir- j �, The United City Of Yorkville SCHOPPE DESIGN ASSOCIATES 31 2. _-- - - L -� - _ 1(1) h Lam, 800 Game Farts Rd. Iandscape Architecture and Land Planning .l j W Yorkville,IL 80560 FOR INITIAL CLIENT REVIEW {� n �y �`+0 630-553-0350 -I30 IV DOWNER PLACfi 1'H(630)896-2501 REV./ DANT 3 PURPOSE I SCALE 1.1 ooa NoahI2j AURORA,IL 60506 PAX(630)996-3228 ., I DRAWN !AM 11.25.2003 I CHECKED I MAC 11-25-200]I Feb . 3 . 2004 10 . 51AM No . 3795 P 6/9 Sc`ioppe Design Associates Landscape Architecture and Land Planning 430 W. Downer Place Ph. (630) 698-2501 Aurora, IL 60508 Fax (630) 696-3228 January 29, 2004 Mr. Tony Graff City Administrator City of Yorkville 800 Game Farm Road ; Yorkville, IL 60560 Re: School Site Study Dear Tony, We have completed our work on the first phase of the School Selection Study as the City has requested. With this work, we have developed the methodology for calculating the number of anticipated school children per school type for individual properties. We have applied this methodology to Planning Areas 1 and 2 shown on the attached map which is generally the areas north of the Burlington Northern railroad tracks, Within these two areas, we have identified where elementary and middle school sites should be located given the residential uses proposed in the City's Land Use Plan for these areas. A copy of the map illustrating this information is attached. We selected these two areas for this initial work because of the increased development activity in these areas. Our total fees which have been invoiced to the City for this work is $8,755.00. Having completed this initial work, we recommend the City authorize SDA to prepare the same study covering the remaining 9 planning areas (area from Burlington Northern railroad tracks south to Caton Farm Road). At the conclusion of this proposed study,we will produce an updated map identifying locations of elementary, middle and possible high school sites within the remaining planning areas. We would propose to continue working with the School District as we have with the initial study and when completed, submit the study to the School District and City Council for approval. We anticipate this study to be used by the School District and the City when reviewing new development proposals. Our fee for the work will be invoiced on an hourly basis, not to exceed $9,500 at the rates outlined in our existing contract, We anticipate having this study completed and ready for presentation to City Council within 45 days of your authorization to proceed. Notal Feb . 3 . 2004 10. 51AM No . 3795 P . 7/9 ' If you have any questions regarding our proposal, please contact me and we can clarify any questions. We look forward to your authorization. ' Sincerely, Schoppe Design Associates Oke•-'• Mike Schoppe President P Vero 2 d2 Feb . 3 . 2004-10: 51AM __.__._ No . 3795 _P . 8/9_ ii M � 7. I' ern°U1e 1 F./ • I La' ; . ... ; 0 • ., 0 i .1 I . .--' J -'�� 111...:.--.)14 . .._ ._ •* , ; • 1):' ....tr..;••, , '11•:' ; \ ' it----''''-; ' • ...,..L;._.........-_•,.. • ....... .:, ,./ 7 ,,r. !,. .„, W. -- - - vAs -11)..‘ Ei. ern = f-r. .... -. alis r,, `. ► ' ' iii , .,,.. ..-:ftratti-• • ' *.j.''' fit. . r•+�. IOC- �r r {r .. .ir °I of wI $ — � 4117 ,'•-•• > • y ti T. 0in r.. 1 t • fili . _. 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'''....':.:;-:''.-': :.:. -•":.,:::--.ir:*.:!;-: .:.:''.::;.:-0::::0';- ":" .WtiV".' .*.".".... *'t;..--..-ik"-;-'-'-=- .,..._1:1 ... .,. . , ,.... . .. - ....:- ,.1 - .-"--. ."'•• - ' ':::- - "-•-:s.. :•,:.,•.-:. .2 •- '4,-, :_-'.rt,t,-Pf,,,vt?,4.,,,,i7 ..,:••:.Tte:_,.,_- :.:no. t 1 _ .:•:\ iit,.. -...,,,,,..;.;,-?_-• e_o_i.,- •.. - -- • .• ..„ $ DP ROPOSE PROPOSE-0 0 . MTE ARV I SCHOOL SITE STUDY ELEWENTARY I MIDDLE 0 SCHOOL ' ..alRopo.:icri001111rEL 'I'':-'t;:.•::,-X '"*'...- ' SCHOOL c)yrnere.r sireasue 01............. SCHOPPE DESIGN ASSOCIATES' 1, .... ,.. 4 Ea,.-............-- es.....-. 4,-‘'.''''0., The United City Of Yorkville : tra% IMRE C3.............."..... .1--\\ EtJa Gams Fa im Pt Loceficaps An:Am.:am Cj maw kalsoarindiab (......1............... I. 'forte I a,1 e4:1 9r1 OSLIPLIMAIMMOK flall UNOTIMMIENt C3 MOINTRICII/1121.11.07. s,..... .0—, . — ' ..,........ i flAIIMMALCLIENTME-.W , ir '',t,,) ,..., -. Magi 430Ata4WDOIrtfffia.93.505PLACE r FAz11.(611.40)j0)896423,845.2.141 lavir if OWIT KAPOK SOUL C•lb= —- . iF Igirliaan Maki= II I EI.1.4 I_WA T 1.-15-11:611..1093510.1 1[....sea 1 .:., LA_ • ! . . Feb . 3 . 2004 10 : 50AM No . 3795 P. 2/9 Sclioppe Design Associates Landscape Architecture and Land Planning 430 W. Downer Place Ph. (630) 896-2501 Aurora, IL 60506 Fax(630)896-3228 January 29,2004 Mr.Tony Graff City Administrator City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Comprehensive flan Update—Proposal Dear Tony, Thank you for allowing SDA the opportunity to submit this proposal for consulting services related to updating the City's Comprehensive Plan. Since the adoption of the existing Comprehensive Plan in September, 2002, numerous studies have been completed by the City and other taxing districts. Additionally,the City is experiencing increased interest in development south of town. Therefore, we propose to update the Comprehensive Plan by incorporating the completed studies into the Plan as well as provide recommendations for updating the Land Use Plan for the southern section of the City. SDA has teamed up with SEC Planning Consultants to prepare this update. SDA will be generally responsible for incorporating existing studies into the plan and overall project coordination and production of the plan. SEC will be generally responsible for preparing the land use recommendations and updating the Land Use Plan for the south study area. Listed below are the tasks, fees and schedule we propose for this project. Task 1: Data Collection and Analysis SDA will gather,review and incorporate the following existing studies into the Plan: a. Recreation Master Plan—Potential Greenways b. Recreation Master Plan—Regional/Local Bike Routes c. Sanitary Sewer Master Plan prepared by YBSD d. School Site Selection Study e. Water Facilities Plan prepared by EEI f. Transportation Planning Report prepared by Smith Engineering Consultants Pape 1014 Feb 3 . 2004 10: 51AM No • 3795 P . 3/9 The information to be included in the Plan will include the summary map and a brief executive summary of each of the studies. Task 2: Planning Workshop SDA and SEC will conduct a joint workshop with the Plan Commission and City Council for the !purpose of allowing both groups to express their thoughts and vision for growth and development of the undeveloped areas south of the river. To facilitate the workshop,we will distribute copies of the maps collected in Task 1 and a meeting outline to each member approximately one week before the meeting. The input received at this meeting will be summarized in a written memorandum to the City Administrator. Task 3: Develop Draft Land Use Plan Using the information gathered in Tasks 1 and 2,we will prepare land use recommendations for land within the project area. For the purposes of this study,the project arca is defined as the land from the Fox River south to approximately on mile south of Caton Farm Road and west to the extension of Eldarnain/Lisbon Road and east to the boundary agreement line between Yorkville and Oswego. This task will include: a. Touring the area to become familiar with the physical features and view corridors of the area. b. Preparing land use recommendations using the same land use classifications included in the existing Land Use Plan. c. Providing text to justify and explain the land use recommendations. d. Revising the Land Use Plan map as needed. e. Calculating the areas within each land use and the number of residential units possible based on the land use recommendations, f. Preparing up to 2 land use exhibits to illustrate critical planning factors. For example,it may be appropriate to illustrate the density of housing within the service area of a retail center to analyze the viability of the two land uses. g. General design guidelines needed to maintain an agricultural image. Task 4: Plan Commission and City Council Workshops We will present our land use recommendations at a joint meeting of the Plan Commission and City Council. The purpose of this meeting will be to explain our recommendations and receive any comments from both groups. Task 5: Revise Draft Plan We will incorporate comments received from Task 4 and revise the land use map, exhibits and text accordingly. Task 6: Plan Commission Recommendations We will submit a final draft of the plan to the Plan Commission for review and a recommendation for approval. Pace 2 of 4 Feb . 3 . 2004 10 : 51AM No • 3195 P. 4/9 Taslc'7: City Council Approval We will submit a final draft of the plan to the City Council for review and approval. Task 8: Deliver Final Documents We will assemble and deliver the following products to the City. These products will include: a. One color original of plan and exhibits • b. One electronic copy of plan and exhibits suitable for reproducing by the City. Assumptions: The following assumptions have been incorporated into this proposal: a. The format and outline of the text will be the same as the current Comprehensive Plan. b. The land use types will be the same as the classifications illustrated on the current Land Use • Plan, c. Four public meetings and two staff meetings are included in the scope of services. d. Reproduction of the approved plan will be done by the City. Compensation: Our fee for the services are as follows: Preparation of Plan and Revisions Schoppe Design Associates $ 14,000 SEC Planning Consultants $ 22,500 Meetings Schoppe Design Associates $ 3,000 SEC Planning Consultants $ 4,500 Reimbursable Printing Expenses Printing and courier services for Tasks 4, 6 and 7 $ 3,000 40 copies @$0,50/copy Total: $ 47,500 vaya3of4 Feb 3 2004 10 51AM No 3795 P. 5/9 Schedule We will use the following schedule for this work: Tasks I and 2 1.5 months Tasks 3 and 4 2 months Tasks 5, 6 and 7 2 months Task 8 0.5 months Total: 6 months Thank you again for allowing the team of SDA and SEC to submit this proposal for consulting services for this exciting project. We look forward to reviewing our proposal with you at your earliest convenience. Sincerely, Schoppe Design Associates Mike Schoppe President CC: Mark Baker—SEC Planning Consultants MS/pj Peps A d 4 02/10/21)04 18:06 FAX 630 221 0118 WILLIAMS DEVELOPMENT - YORKVILLE-GRAFF 002 W1LUAMS ILLIAMS DEVELOPMENIT • ARCHITECTS OENERN.CONSTRUCTION 1_r CONSTRuCtiQN mANAOEMENT UNITED CITY OF YORKVILLE City Office and Police Remodeling Project No. 2002-009 February 17, 2004 PHASE I— LOWER LEVEL Target Start 5-1-03 Actual Start 5-21-03 Target Finish 8-31-03 Actual Finish 9-9-03 • Phase I, was completed on 9-9-03, although the City was unable to move in to the lower level due to phone service upgrades and office furniture not being available as required. PHASE II - MAIN LEVEL Target Start 8-11-03 Actual Start 9-10-03 Target Finish 10-24-03 Actual Finish 10-28-03 • Phase II (Main Level) construction began later then as scheduled. Phone service upgrades and rework were not available as required, resulting in this later start date. • Phase II (Main Level)_remodeling was ongoing while the City's Staff occupied the office area work while remodeling proceeded. PHASE III - COUNCIL CHAMBERS Target Start 5-7-03 Actual Start 5-21-03 Target Finish 8-8-03 Actual Finish 10-28-03 • On June 23, 2003 poor soil conditions were encountered which resulted in a delay to project schedule. The foundation system was redesigned, priced out, and then worked into the new concrete schedule,which delayed other trades from finishing the project. SUMMARY OF SCHEDULE AND ACTIVITIES • The construction phasing was rearranged to accommodate the changing site conditions. But the overall project was completed by the projected original completion date. • WDL coordinated work activity with the contractor hired by the City to construct the new parking lot behind the Council Chambers, There were very few issues or no serious problems. • WCL worked with the City in coordinating the relocation of the A/C condensing units with minimal disruption or inconvenience to the City. 02/10/2004 18:06 FAX 830 221 0118 WILLIAMS DEVELOPMENT -4 YORKV I LLE-GRA FF 003 United City of Yorkville Project 2002-009 Budget: Original Budget/Cost $772,543 Project Ending Cost $729,250 RETURNED BACK TO THE CITY $ 43,293 Close Out: The Operations and Maintenance Manuals have been delivered to the City. The Architects Punch List has been completed. The final billing is being processed and will be forwarded to the City. Overall the project was under budget and completed on time. We thank you for the opportunity to serve the United City of Yorkville. G:\200212002-009\WDL\Letters%009-01-22-04.doc DRAFT Revised 2/12/04 COMMUNITY RELATIONS MANAGER—POSITION DESCRIPTION Department: Administration Reports to: Mayor Status: Exempt Positions Supervised: None Salary Range: 30,000-45,000 Position Description Overview Serves as liaison between the City and community and responds to inquiries and complaints from citizens. Develops and releases press releases, newsletters and other written communications, video, and audio-visual productions to enhance public knowledge of City activities. Administers and implements the City's Cable Television Franchises. Acts as liaison with public access corporations, consultants, city staff, franchised cable companies and residents to develop and maintain timely, efficient and effective cable communications within the City. Must possess ability to maintain strict confidentiality. Essential Job Functions 1. Consults with the Mayor, Department Heads, stakeholders in the Downtown/Central Business District, and other business areas within the city concerning City special events and issues that are non-development. 2. Investigates feasibility and impact of events for the city. 3. Works with City departments, community organizations, and other parties involved in implementation of events. 4. Consults with the Risk Manager to determine liability and special needs for City special events. 5. Attends and participates in meetings to address community issues concerning City special events. 6. Writes and/or edits copy for press releases, local newspaper columns, brochures, newsletters, Internet/Intranet sites, scripts and other promotional information. 7. Acts as a liaison between the City and community organizations, boards, commissions or local governments as assigned. 8. Designs, edits, and produces flyers, brochures, newsletters, inserts, posters and other promotional materials. 9. Plans/Monitors execution of City communication plans for individual department projects re: new services programs and facilities. Also executes special events and coordinates related exhibits and displays. 10. Serves as City's information representative concerning telecommunications-related activities. 11. Responsible for media relation policy and is the City's main liaison/spokesperson to local and regional media. In addition, serves as City liaison to community organizations and other Yorkville entities, such as YEDC and YACC. 12. Oversees audio/visual preparation and coordination for city meetings, department focus groups, other in-house meetings and special event receptions as directed by the Mayor. 13. Prepares and compiles reports/memos concerning communication issues, budget, staff selection and performance as directed. 14. Performs all other related duties as assigned. Basic Requirements- Knowledge, Skills and Abilities Skills in problem solving, preparing and writing letters, press releases and promotional aids. Knowledge of the organization, operation and purpose of a municipality. Knowledge of the principles and practices of public relations and the techniques of graphics preparation, displays and visual aids. Knowledge of the principles of photography, videotaping and procedures. Knowledge of Cable communications field and ability to interpret and apply applicable Federal, State and local laws, rules and regulations regarding cable systems. Knowledge of modem office methods, procedures and equipment. Ability to interpret and apply City policies, procedures, rules and regulations. Ability to deal effectively with the press and to establish and maintain effective working relationships with various community, business and special interest groups. Ability to administer, implement and monitor municipal contracts. Ability to supervise, train and evaluate assigned staff. 1. Ability to operate required office equipment in order to send and receive information with necessary optical, auditory and manual dexterity. 2. Ability to walk, stand, or sit for an hour or more at a time. 3. Ability to lift or carry objects weighing more than 20 pounds. 4. Ability to push or pull supply carts, equipment or machines. 5. Ability to proofread and check documents for errors. 6. Ability to use a keyboard to enter, retrieve or transform words or data. 7. Ability to closely examine computer screen or written reports. 8. Ability to read, comprehend, and speak English and be able to demonstrate twelfth grade reading skills. 9. Ability to identify and distinguish colors. Minimum Education, Experience and Certification Requirements Bachelor's degree in Communications, Journalism, Public Relations, Public Administration, Business or related field required. Three to five years experience in public relations, cable television administration, or related field, preferably in a government agency, required. Combination of education and experience may be considered. Valid state of Illinois Class D Driver's License required. d z. esi o United City of Yorkville Memorandum 4 n, 800 Game Farm Road EST.11 _ 1836 Yorkville, Illinois, 60560 =— Telephone: 630-553-4350 o tit 1 Fax: 630-553-7575 <L E \\•\' Date: Date: February 9, 2004 To: Ad-hoc Technology Committee 1�,;1 J From: Traci Pleckham - Finance Director] CC: Administrator Graff, Police Office Supervisor Batterson, Parks & Recreation Director Brown, Software Performance Specialists Subject: RFP for Technology Results On January 26, 2004 at 10:00 am, the bid opening for the Technology Connections RFP was conducted. The City received bids from the following four vendors: • Current Technologies Corporation • E2 Services • its • Laurus Technologies Along with the proposals, included is a summary analysis of all four bids. I also forwarded copies of all proposals to our current Technology Consultant, Software Performance Specialists (SPS), for review. Based on staff and SPS review of the bids, we noted the following: • Laurus and E2 recommend similar methods of connectivity. • Current Technology and lis recommend similar methods of connectivity, which include switches that the City does not need (the City and Police Department both purchased new switches in the fall of 2003). In addition: o lis also recommends an additional router, which is not necessary since the library has the router in place. o Current Technology did not bid the boring/trenching on the project. In conclusion, our recommendation is E2 Services. They presented the lowest bid and also met the requirements of the RFP. SPS did recommend that E2 include an additional firewall for the Beecher Building (Given that their fiber is meeting up at the Library, the Beecher Building would not be protected.) This would be an additional cost of $1,642, but E2 would still remain the lowest bidder. Not included in the RFP, but recommended by SPS, is upgrading the City's server to Windows 2003. This would make the wide area connections easier and offer additional security features. This should be done prior to the T-1 project, so the City's server doesn't have to be reconfigured. The current cost for the server is $1,499. SPS also recommended, which staff concurs, that the remote site VPN connections be delayed until this phase of the project is completed. At a later date, staff can look at VPN versus other viable methods for remote connectivity such as Windows 2003 terminal services for faster connections. UNITED CITY OF YORKVILLE TECHNOLOGY BID ANALYSIS JANUARY 26, 2004 BID REQUIREMENTS Current Tech E2 its Laurus FIBER HARDWARE $ 7,669.56 $ 760.00 $ 15,704.00 $ 1,000.00 Equipment $ 7,669.56 $ 190.00 $ 13,664.00 $ 1,000.00 Labor $ - $ 570.00 $ 2,040.00 $ - MEDIA CONVERTERS $ $ 900.00 $ $ 1,400.00 FIREWALL SOFTWARE $ 2,259.27' $ 792.00 $ 3,127.00 $ 3,393'.00 Software $ 2,056.53 $ 792.00 $ 3,127.00 $ 2,495.00 Support $ 202.74 $ - $ - $ 898.00 BORING/TRENCHING $ $ 16,798.00 $ 12,765.00 $ 23,700 00 Material $ - $ 10,998.00 $ 10,150.00 $ - Labor $ - $ 5,800.00 $ 2,615.00 $ - ADDITIONAL LABOR/INSTALLATION $ 3,800.00 $ 850.00 $ 1,530.00 $ 4,000 00 ADDITIONAL HARDWARE $ 651.80 $ $ $ TOTAL BID $ ' 14,380.63 $ 20,100.00 $ 33,126.00 $ ` 33,493.00 NOTES 1. its and Current Tech used a router/switches for media conversion as opposed to a traditional media converter. 2. Current Tech did not bid out any boring/trenching costs, as they did not have a provider. 3. its miscalculated an amount under Item 4 - Equipment (total for equipment costs) by$820. This did not effect the total of their quote,just the subtotal amount which should be $9945, not$9125. 2539 Dewes Lane Naperville, Illinois 60564 bel vices Phone(630)527-7100 FAX(630)527-7101 a 1/26/2004 Traci Pleckman United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Thank you for your interest in using our firm to implement the requested network infrastructure changes. This document will outline the methodology that we utilize to undertake and successfully complete a project like yours. We have reviewed your RFP and it is our understanding that you wish to move forward with many of the items proposed in the plan. The following is an outline of the various aspects of the project. ❖ Inter Building Communications—To provide connectivity between the City's buildings outlined in the RFP.We propose that the 12-strand fiber lines be buried between the buildings via a Directional Bore. This will minimize the impact of the construction as well as leave paved areas intact. This boring will be at a depth no less than 36 inches deep. The fiber runs will be encased in a 2 inch polyethylene conduit to protect the fiber and provide a means to expand beyond the 12-strand fiber in the future if required. The approximate total length of the conduit is 650 feet. The details of the installation are as follows: Install (1) Quazite 24x36x36 inch vault outside of Library for future access. Core foundation wall at City Hall building and stub in 2-inch conduit. Seal Core with link seal. Core wall at Library and Beecher Community building 2 feet above grade and mount a 12x18x18 inch pull box. Install 12-strand 62.5x125 multimode indoor/outdoor rated fiber between Library& City Hall and Library& Beecher Community Building. Restore area with black dirt and seed only. Terminate fiber with pre-polished ST type connectors. Termination will be in rack- mounted enclosure in City Hall and wall mounted enclosures at the Library and Beecher Community Center. Due to trenching not being viewed as a viable alternative, separate costs for trenching have not been included in this proposal;the costs for this aspect of the proposal are: MATERIAL: $10,998.00 LABOR: $5,800.00 TOTAL MATERIAL & LABOR: $16,798.00 Project timelines are dependent upon environmental conditions at time of actual implementation. However, overall cabling project should not last longer than 2-3 weeks from start to finish. ❖ Internet Connectivity—As outlined in the RPF, the City plans to utilize the full T1 circuit that the library currently uses. This circuit is connected through the Illinois Century Network (ICN) and based on past conversations with ICN this connectivity would cost the city$187.50/mo to utilize. This ability is dependent on the completion of the Inter Building Communications fiber. • Inter-connect Equipment—Once the Inter Building Communications fiber is in place various individual components are required to make the connections to the network at each location. The individual items and their proposed location are as follows: Price Manuf Part# Desc Ea Qty Ext Price IMC 55-10260 McBasic- Media converter (Library) 225.00 2 450.00 10Base-T, 1000Base-SX, 100Base-TX RJ-45 - ST multi-mode APC 2031-2M Fiber optic cable - ST(M) - ST (M) - 6.6 ft (Library) 38.00 2 76.00 IMC 55-10260 McBasic - Media converter (City Hall) 225.00 1 225.00 10Base-T, 1000Base-SX, 100Base-TX R.1-45 - ST multi-mode APC 2031-2M Fiber optic cable - ST(M) - ST (M) - 6.6 ft(City Hall) 38.00 1 38.00 IMC 55-10260 McBasic - Media converter (Beecher Community Cntr.) 225.00 1 225.00 10Base-T, 1000Base-SX, 100Base-TX 12]-45 - ST multi-mode APC 2031-2M Fiber optic cable - ST(M) - ST (M) - 6.6 ft(Cmnty Cntr) 38.00 1 38.00 APC 2031-2M Fiber optic cable - ST(M) - ST (M) - 6.6 ft (Spare) 38.00 1 38.00 E2 LABOR Installation/Configuration of Media Converters &cable 95.00 6 570.00 Sub-Total $ 1,660.00 Tax $ - Total $ 1,660,00 • Firewall Protection/Isolation—To protect the City's network from unauthorized users as well as allowing for the isolation of the Library's network from the main network (a requirement for the Library to allow connection to the Internet Service).We are proposing a SonicWALL TZ170/Unrestricted unit which will also provide a means for remote sites & users to securely connect into the main network via VPN technology. The costs for equipment and installation is: 01-SSC-5561 SonicW ALL TZ170/Unrestricted $ 792.00 Installation &configuration $ 850.00 Total: $1,642.00 ❖ Centralized Anti-Virus—Based on conversations with Traci Pleckham, this is no longer a requirement of the RFP. UNITED CITY OF YORKVILLE REQUEST FOR PROPOSAL TECHNOLOGY CONNECTIONS Narrative Description The United City of Yorkville is seeking to implement a lateral connection and one single port of intra connection to connect City Hall with the other City offices for the immediate technology communication solution. This lateral connection will utilize the current T-1 connection at the Library, and connect City Hall and the Beecher Community Building. The connection between City Hall, Library, and Beecher Community Building involves approximately 470 feet between the buildings. (City Hall to Library— approximately 200 feet; Library to Beecher Community Building approximately 270 feet). The request for proposal for awarding of this contract should be made with all costs associated with the materials, hardware man-hours, permitting, monthly connection charges, and installation of the technology connection. Any costs for installation not specified in the contractor's proposal shall be at the expense of the contractor for the completion of the proposed work. Bidders must specify each section and line item in detailed quote format: Intra Building Communication Utilizing a 12-strand fiber line buried between the buildings Separate the cost of trenching and burying of the cable Internet Connectivity Connection utilizing the T-1 circuit that the Library currently uses (Illinois Century Network) Centralized anti-virus Corporate level anti-virus system to cover all desktop systems and servers Firewall Protection A firewall protection that would allow for access through VPN connection for remote site access via a secured method Equipment Transceivers, additional hardware, server upgrades, fiber converter, internet router, etc. Page 1 of 3 Software Upgrades and additional licensing Please also provide Warranty information and documentation specification sheets, licensing documentations, and manufacturer specification detail sheets. INSTALLATION PRACTICES Please provide detail descriptions and drawings of installation process and materials, and detail project timeline for completion for the cabling of the 12- strand fiber line and building connections. Technology Inventory Assessments are available for pick up upon request. On- site visitations can be scheduled with a 48 hour notification. TOTAL BASE PRICE QUOTE $ 4101 0 O ALTERNATIVES Alternatives will be considered as "add on" or"options" based on budget availability. DSL Connections and VPN access to City Hall for two remote sites; Public Works — 610 Tower Lane Park and Recreation Administrative Offices 301 E Hydraulic Street ALTERNATIVE PRICE QUOTE $ N/ TOTAL PROJECT PRICE QUOTE $ T.2 O / CO Page 2 of 3 UNITED CITY OF YORKVILLE REQUEST FOR PROPOSAL TECHNOLOGY CONNECTIONS As principal for E2 I am submitting a proposal for Company Name/Contractor work as specified in the Request For Proposal for the Technology Connections 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. /AO y Date Signature Page 3 of 3 i.- COMPREHENSIVE INTERNET SECURITY'" Y .�: � ASA ^g. b E vim . SonicWALL TZ 170 INTERNET SECURITY APPLHAN ',,, a p' !^01W accyyr y soldt1On dor perinf simplicity Technology is advancing at a dizzying pace,making it difficult for small businesses and network administrators to ciao Case of 035 to s OOO#?and. edl to-SiZOd ! keep current with the latest network innovations.Providing rock solid security is even more challenging for businesses c;°rariizotions,from sin[ie fc;ocorrrrm tors with smaller networks that are typically faced with limited IT resources and don't have time for unnecessarily complex to ret tote and branch€'`f"es network security products.They need a simple,reliable and flexible business-class security solution. Powerful business con inu%ity and advanced foatt/res,'s SonicOS E,]hiaoced The SonicWALLTZ 170 is a total security platform for telecommuter,small,remote and branch office deployments. Packaged in a low profile,small footprint desktop form factor,the SonicWALLTZ 170 ships in multiple node i' Gun� t ecs`vo confril ma ,"W£ ncnt [ configurations to fit a variety of network sizes.Because the node count is upgradeable,the TZ 170 protects your powered by award-,14/4:4:1g aomc`.ALI i investment as your organization grows,allowing you to add features and functionality when your network needs them. Gtobai;ranogouiarnt System a Soni(:tV LL Security Processor danrs Utilizing the new SonicOS operating system,the SonicWALLTZ 170 offers a choice between absolute ease of use for b;,,;oh-spmrd firewati and VPN perforznarnce basic networks and ultimate flexibility for more complex networks.SonicOS Standard,included with every SonicWALL 12 170,allows rapid deployment in basic networks with a user-friendly Web interface and powerful wizards.And, because the SonicWALLTZ 170 is so simple to configure and manage,your scarce IT resources can focus on other important tasks at hand. :' ‘,:„..',,, -A, SonicOS Enhanced is an optional software upgrade that builds upon SonicOS Standard to deliver advanced features for more complex network installations.SonicOS Enhanced provides reliability and business continuity through robust ISP Fail-Over,in which a second WAN link is leveraged to provide complete redundancy in the event of an ISP failure. '-' Policy-Based NAT and Object-Based Management combine to give administrators pinpoint control and infinite flexibility over network design.This added flexibility enables administrators to implement and manage security policies rapidly,easily and reliably. R '; i But it doesn't stop there.The SonicWALLTZ 170 features a state-of-the-art '�` SonicWALL Security Processor providing blazingly fast firewall and VPN performance,including hardware-accelerated 3DES and AES encryption. The TZ 170 also includes an Optional Port which can be configured as a WorkPort for telecommuters,a second LAN for added internal security ,Flrewad vpm or second WAN for ISP Fail-Over and Load Balancing. , # a € F„r°. 7 The:,,te,„,-:.-„,4 t,‘ SonicWALLTZ 170 can be easily managed remotely as part ' ,' n ..of a multi-firewall and VPN environment through a Web interface OT,using SonicWALL's industry-leading Global Management System , ' x 4 ` '(GMS).This gives network administrators an economical yet powerful �, ' set of tools for rapid deployment,configuration,and management ' ?.- ..'zF" �, '" of global security policies from a central location. .,,,,,,t - Whether you have a small network with basic needs or a more s.-....,,,,,,.. 'ffii ▪00▪ " complex network requiring flexibility and advanced features,the wwwsonicwau.com< r T 408-745-9660 Y f ''' SonicWALLTZ 170 makes your decision simple.Best of all,it won't break your budget SONICWALL SonicWALL TZ 170 INTER l ET S E URI r Y -Ta Y LIA / „ E SONICWALL TZ 170 FEATURES AND BENEFITS SonicOS Standard Delivers: possible performance with 90 Mbps stateful packet inspection firewall and 30+Mbps 3DES and AES �..._ VPN throughput EASE OF USE AND MANAGEMENT Streamlined GUI.The TZ 170 features an innovative Web interface that utilizes a comprehensive suite of Hardware AES Support.The TZ 170 includes hardware support for AES,the next-generation encryption easy-to-use configuration and management wizards,making it simple to set up in any network environment standard,underlining SonicWALEs continued commitment to next-generation open security standards. Comprehensive Central Management SonicWALEs award-winning Global Management System provides SonicOS Enhanced Adds: network administrators with the tools for simplified configuration,enforcement and management of COMPLETE BUSINESS CONTINUITY global security policies,VPN and services,all from a central location. ISP Fall-Over.The TZ 170 ensures continuous uptime for Internet and IPSec VPN connectivity by failing SCALABLE ALL-IN-ONE SOLUTION over to a second ISP link should the primary link fail.Through ISP Fail-Over,the TZ 170 delivers highly Optional Port.The TZ 170 includes an optional port,allowing network administrators to create a WorkPort reliable network connectivity for constant access to critical data. for telecommuters sharing a broadband connection,a second LAN for added internal security or a WAN Redundancy and Load Balancing.The TZ 170 offers the ability to configure the Optional port second WAN for ISP Fail-Over and Load Balancing,offering greater network configuration flexibility. as a secondary WAN port for greater redundancy and network performance.This secondary WAN port Integrated 5-Port MDIX Switch.The TZ 170 features an integrated 5-port MDIX switch that allows can be used in"active-active"load sharing or fail-over configuration providing a highly efficient method multiple home or office computers to network together.The MDIX feature automatically and transparently for maximizing total network bandwidth. detects and corrects incorrectly wired cables such as cross-over cables,making network installation TOTAL FLIXIBILITY substantially simpler and less expensive. Policy-Based NAT.While continuing to provide standard NAT(many-to-one)functionality,the TZ 170 Single Hardware Platform.The TZ 170 is a total security platform available in multiple licensing options, also exposes control of NAT policies to administrators for one-to-one NAT,many-to-many NAT,one-to-many allowing your network to grow along with your business. NAT,inbound Port Address Translation(PAT),flexible NAT(for overlapping IP addresses)as well as NAT Integrated Security.The TZ 170 provides everything needed for perimeter security and connectivity.An policies on selective source/destination/source translations.As a result,network administrators have all-in-one security appliance,a pliancethe TZ 170 protects againstmore control and flexibility to support and manage various NAT requirements. a variety of malicious attacks with a hardened stateful packet inspection firewall,IPSec VPN and integrated support for SonicWALL's suite of security Object-Based Management.The TZ 170 provides the ability to define an object such as a user group, applications including enforced Network Anti-Virus and Content Filtering Service. network address range,service or interface.When security policies change,the administrator can modify POWERFUL PERFORMANCE the pre-defined object and propagate the changes instantly without redefining rules,enabling businesses SonicWALL Security Processor.Leveraging System-On-a-Chip technology,the TZ 170 delivers the best to implement and manage security policies easily and consistently. SONICWALL TZ 170 TECHNICAL SPECIFICATIONS Processor: SonicWALL Security Processor Concurrent Connections: 6,000 Environment: Temperatures 40-105°F,5-40°C Humidity 10-90%non condensing RAM: 64 MB VPN Performance: 30+Mbps(3DES and AES) — Dimensions: 9.07 x 6.63 x 1.63 inches Flash Memory: 8 MB Site-to-Site TZ 170 10 Node:2 (23.0 x 16.8 x 4.1 cm) VPN Policies: 17 170 25 Node:10 Interfaces: 7 10/100 Auto-sensing Ethernet TZ 170 Unrestricted Node:10 Weight: 1.15 lbs.(0.52 kg) (1)Auto MDIX WAN (1)Optional Zone Port Bundled VPN TZ 170 10 Node:0 LEDs: Status(Power,Test) (1)5-Port Auto-MDIX LAN Switch Client Sessions: TZ 170 25 Node:1 LAN(1 per Port,Multi-functional) 1 RJ45 Console Port TZ 170 Unrestricted Node:1 Optional Port(Link,Activity,100) WAN(Link,Activity,100) Security Zones: Standards: TCP/IP,UDP,ICMP,HTTP,HTTPS,IPSec, SonicOS Standard: LAN,WAN,WorkPort ISAKMP/IKE,SNMP,DHCP,PPPoE,L2TP, Input Power: 100V to 240V AC SonicOS Enhanced: WAN,Custom-configurable PPTP,RADIUS Power Consumption: 12 Watts Maximum Firewall Performance: 90 Mbps 'Major Regulatory EMC:FCC Class B,ICES Class B,CE, Compliance: C-Tick,VCCI,BSMI,MIC Firewall Nodes: 10/25/Unrestricted Safety:UL,cUL,TUV/GS,CB,NOM 1)Power LED 6)Console 2)LAN Port LEDs -. 7)WAN 3)Optional Zone Port LEDs 8)Optional Port j °1 C 4)WAN Port LEDs _ I .; { fir.✓ li 9)LAN(1-5) � -r~ unti.ew .. i 5)Test LED 10)Power 6 7 8 9 10 1 2 3 4 5 SONICWALL TZ 170 PART NUMBERS AND UPGRADES ramikfil 01-SSC-5555 SonicWALLTZ 170 10 Node(US/Canada) 01-SSC-5565 SonicWALLTZ 170 Gov/Edu Edition(US/Canada) 01-SSC-5556 SonicWALLTZ 170 10 Node(International) a 11011 Dl-SSC-5558 SonicWALL TZ 170 25 Node(US/Canada) 01-SSC-5566 1D to 25 Node Upgrade Bundle O1-S5C-5559 SonicWALLTZ 170 25 Node(International) 01-SSC-5567 25 to Unrestricted Node Upgrade r Di-SSC-5561 SonicWALLTZ 170 Unrestncted Node(US/Canada) nv 01-SSC-5562 SonicWALLTZ 170 Unrestricted Node(International) 01-SSC-5568 SonicOS Enhanced Firmware Upgrade for TZ 170 nl tHt1U°rfl S-�'Y.iA;Cd,+,1T SONICWALL VALUE-ADDED SECURITY SERVICES F+ESl'set5[Bhi(I SonicWALL Internet security appliances integrate seamlessly For more information on these SonicWALL security services, with an expanding array of value-added security services to including enforced anti-virus and content filtering,please visit SonicWALL's Internet security provide a comprehensive security solution. our Web site at www.sonicwall.com/products/vpnsoft.html. appliances consistently receive awards from industry-leading publications. SonicWALL,Inc. 1143 Borregas Avenue T: +1 408.745.9600 www.sonicwall.com Sunnyvale,CA 94089-1306 F: +1 408.745.9300 SONICWALL 55_0104_12 170 �.," .. ir Mc asic -; McBasic '�--- "� lr Standalone Media Converters i ii i., '.. `'."`.',.�-�'`.+' ` -` fie ' ' F - When simple, individual, copper-to-fiber or copper-to-coax y. conversions are required, along with advanced troubleshooting McBasic; mofeatures, installing McBasic Series standalone media converters is the """"° "--"—" _. --, `, �! `, perfect, cost-effective solution. �: ._ .« arra, a � �,,.. ;,, -D. 4 , ,,,y ;. i si r internal powerAC supply troubleshooting .. ofa ; : features McBasic is best standalone Perfect for a variety applications p +' Has a small,'rugged,.design offering is converter in theindustry. many advanced features C McBasic's small, table-top design and durability make it perfect for Meets a multitude of;. installation anywhere space is limited. Additionally, McBasic installation requirements ` " ' g • , comes with an internal AC power supply. This feature can + Available in 10 Mbps, significantly increase reliability over products that use bulky, 100 Mbps, 1000 Mbps, =�'° f, '� external AC/DC power transformers. and autosensing . ' McBasic includes troubleshootingfeatures such as LinkLoss, 10/100 versions + Available for multi- McBasic FiberAlert, Transparency and Link Fault Detection that make F.......e..,,,, ., isolating fiber breaks easier should they occur. McBasic also mode or single-mode ,,,,,,µ,,,,`C; t' features either AutoCross or switch-selectable crossover/pass- fiber r. , • r through on twisted pair connections, switch selectable + Also available for single- ., Di - termination on BNC ports, and LEDs that assist in network strand fiber /� diagnostics and troubleshooting. + _Available with ST, SC,or Small Form Factor fiber ofneCtors The McBasic Series includes the following: • '" ° 10 Mbps copper-to-fiber n 100 Mbps copper-to-single-strand fiber Converts 10 Mbps twisted pair to 100 Mbps copper-to-fiber - 10/100 Mbps copper-to-fiber fiber today, and 100tMbps . 10 Mbps copper-to-coax - 1000 Mbps copper-to-fiber twisted pair to fiber tomorrow + McBasic 10/100 provides ' Autosensing 10/100 Mbps McBasic converters offer significant advantages over transparent end-to-end 10/100 regular 10 Mbps and 100 Mbps converters. An ideal choice for both enterprise and service provider networks, 10/100 converters can save time and money when auto-negotiation forr easy deployed at the host and remote site. Enterprise networks planning a migration path upgrade; no user intervention or from 10 Mbps to 100 Mbps can deploy autosensing converters, upgrade when ready visits to remote locations ' and units will automatically adapt to increased speed. Service providers with 10 Mbps required or 100 Mbps links to customer premises can sell customers more bandwidth without upgrading the converters at the POP and the customer network edge. Eases troubleshooting + LinkLoss, FiberAlert, Autosensing 10/100 McBasic Converters provide a single conversion between either Transparency and Link 10 Mbps twisted pair and 10 Mbps fiber, or 100 Mbps twisted pair and 100 Mbps fiber. Fault Detection features Fast Ethernet McBasic Converters provide a single conversion between 100 Mbps Fast Ethernet assist in diagnosing twisted pair and fiber. Available for regular duplex fiber and single-strand fiber. -problemson fiber optic networks Ethernet McBasic Converters provide a single conversion between 10 Mbps Ethernet twisted pair and either fiber or thin coax. Hai‘kr, Gigabit Ethernet McBasic Converters provide a singleDi ' ' conversion between 1000 Mbps Gigabit Ethernet twisted Networks pair and fiber. Making Your Net W Better Technical Specifications The McBasic Series is IEEE 802.3 10Base-FL, 10Base T, ��' 10Base-2, 100Base TX, 100Base-FX, 100Base-SX compliant. McBasic Gigabit is 802.3ab 1000Base T and IEEE 802.3z 1000Base LX and , 0. 1000Base-SX compliant. Some units include troubleshooting features such as I'�IBtWoI'CS LinkLoss, FiberAlert, Transparency and Link Fault Detection. Multi-mode and single- INC Networks(Headquarters) mode fiber versions are available for all McBasic units with fiber ports. A variety of fiber 19772 Pauling connectors, including ST, SC, LC and MT-RJ, are available as well. Foothill Ranch,cA 92610 TEL:949-465-3000 Dimensions: 1.50"H x 4.65"W x 4.43"D Shipping Weight: 1.3 lbs (.6 kg) FAX.949-4&5-3020 , sales@imenetworks.com- (3.8 cm x 11.8 cm x 11.3 cm) Humidity: 5 —95% (non-condensing) www.imcnetworks.com AC Input Load: 100/240 ±10% VAC, 50/60Hz 0.1/.05A(0.2/0.1A for McBasic Gigabit) IMC Networks(Europe) pg Herseltsesteenweg 268 Maximum Heat Generated: 25 BTU/hour (50 BTU/hour for McBasic Gigabit) a-3200Aarschot Belgium TEL:+32-16.550880 Operating Temperature: 32°— 104°F (0°—40°C) r' FAX:-F32-16-550888 Storage Temperature: 0°— 160°F (-20°— 70°C) a •eurosatwormcnetworks.com i` IMC Networks (Eastern US/Latin America) 18840 us Hwy.19 North Suite400 Fiber Optics Specifications s? Clearwater,FL 33764 TEL:727-524-8152 The approximate average fiber distance for each McBasic is listed below in the Ordering FAX:727-524-8432 Information section after the product name. The distance in Km is designated by the 6epyngM�t998-2oo21MCNewoks nunghts reserved.The information in this document is number in the [XX]. Distances are based on factory testing; actual installation distances subject to change without splice. IMG Netwo ks assumes no responsibility for any errors that may may vary. For complete power budget information and further information on calculating appaeritn thisrademocumene Specific product names maybe trademarks or registered trademarks and specific distances, please go to www.imcnetworks.com/adocslfcs.asp or contact `x are the property of their respective companies. IMC Networks Fiber Consulting Services at 949-465-3000. ', , Ordering Information . FCS 10 Mbps McBasic 10/100 Mbps McBasic 55-10226 McBasic,TP/FO-MM850-ST[4km] 55-10260 McBasic, 10/100-MM850-ST[0.3km', FMerCon Networks 55-10236 McBasic,TP/FO-MM850-SC[4km] 55-10261 McBasic, 10/100-MM850-SC 0.3km"_ FiberConsulting [ ] � -`For infiormation call: 55-10246 McBasic,TP/FO-MM1300-ST[10km] 55-10262 McBasic, 10/100-MM1300-ST[2km] -',, 1-800.624.1070(in US) 55-10256 McBasic,TP/FO-MM1300-SC[10km] 55-10263 McBasic, 10/100-MM1300-SC[2km] +32-18 550660(in Europe) 55-10266 McBasic,TP/FO-SM1310-ST[20km] 55-10262-MT McBasic, 10/100-MM1300-MT[2km] Ore-malt: tcs�imcnetworks.com 55-10276 McBasic,TP/FO-SM1310-SC[20km] 55-10267 McBasic, `(� C E 55-10286 McBasic,TP/FO-SM1310/PLUS-ST[40km] 10/100-SM1310/PLUS-ST[40km] 55-10296 McBasic,TP/FO-SM1310/PLUS-SC[40km] 55-10268 McBasic, 51-10123 McBasic,TP/BNC 10/100-SM1310/PLUS-SC[40km] ° 55-10267-MT McBasic, iso 9001 10/100-SM1310/PLUS-MT[40km] �' •p 100 Mbps McBasic 55-10269 McBasic, 10/100-SM1310/LONG-ST[80km] `l 55-10127 McBasic,TX/FX-MM1300-ST[2km] 55-10270 McBasic, N Document a55-95126 55-10128 McBasic,TX/FX-MM1300-SC[2km] 10/100-SM1310/LONG-SC[80km] ' January 2003 55-10127-MT McBasic,TX/FX-MM1300-MT[2km] 55-10269-LC McBasic, 55-10129 McBasic,TX/SX-MM850-ST[0.3km] 10/100-SM1310/LONG-LC[80km] 55-10130 McBasic,TX/SX-MM850-SC[0.3km] 55-10274 McBasic, 55-10327 McBasic,TX/FX-SM1310/PLUS-ST[40km] 10/100-SM1550/LONG-SC[80km] 55-10328 McBasic,TX/FX-SM1310/PLUS-SC[40km] 55-10329 McBasic,TX/FX-SM1310/LONG-ST[80km] 1250 Mbps Gigabit McBasic 55-10330 McBasic,TX/FX-SM1310/LONG-SC[80km] 55-10910 McBasic-Gigabit, 55-10329-LC McBasic,TX/FX-SM1310/LONG-LC[80km] TX/SX-MM850-SC[0.3km] 55-10340 McBasic,TX/FX-SM1550/LONG-SC[80km] 55-10910-MT McBasic-Gigabit, TX/SX-MM850-MT[0.3km] 55-10911 McBasic-Gigabit, 100 Mbps Single-Strand Fiber McBasic TX/LX-SM1310/PLUS-SC[40km] Matched Pair/Set of Xmt/Rcv Chassis 55-10912 McBasic-Gigabit, 55-10700 McBasic Set,TX/SSFX-SM-SC[20km] TX/LX-SM1550/LONG-SC[70km] ,4 55-10702 McBasic Set, , TX/SSFX-SM/PLUS-SC[40km] Accessories 95-39226 McBasic/MediaChassis N,, Individual Xmt/Rcv Chassis Rackmount Brackets h 5510251 McBasic,TX/SSFX-SM1310-SC[20km] 95-39227 McBasic/MediaChassis 55--10252 McBasic,TX/SSFX-SM1550-SC[20km] Wallmount Brackets 55-10253 McBasic, 95-39228 McBasic/MediaChassis TX/SSFX-SM1310/PLUS-SC[40km] x3 Rackmount Shelf 55-10254 McBasic, TX/SSFX-SM1550/PLUS-SC[40km] 71.^i Software Performance Specialists, Inc. Innovative Software Solutions tm City of Yorkville Traci 800 Game Farm Road Yorkville, IL 60560 January 28, 2004 Traci, Enclosed please find a copy of our contract usage sheet for the City of Yorkville. You have 5.75 hours remaining on this contract. I have also enclosed a copy of the new contract to take effect May 1, 2004. Any time used between the expiration of the old contract and the commencement of the new contract will be deducted from the new contract. I will bill you for the new contract in April with payment due in May. If you have any questions, please call me at 800-430-0290. Sincerely, Cynthia L. Graff, President Software Performance Specialists, Inc. PMB 37 10705 S. Roberts Road Palos Hills, IL 60465-2313 Phone: (800) 430-0290 www.softwareperformance.com email:wgraff@softwareperformance.com Software Performance Specialists, Inc. Innovative Software Solutions tm Service and Support Contracts On Site Hourly Service Contracts: 1...50 hour service block $ 100.00 per hour 2...75 hour service block $ 95.00 per hour 3...100 hour service block $ 90.00 per hour Above contracts include unlimited phone or e-mail support. **No hardware maintenance is included with any service contract. All service contracts take effect upon receipt of payment only and are valid for 1 year. All contracts entitle you to priority access to technical support with 24 hour response time, when feasible. Support is provided from 8:30am-4:30 pm Monday-Thursday CST. 9:00am-3:30 pm Friday CST. PMB 37 10705 S. Roberts Road Palos Hills, IL 60465-2313 Phone: (800) 430-0290 www.softwareperformance.com email:wgraff@softwareperformance.com Software Performance Specialists, Inc. Innovative Software Solutions tm SERVICE SUPPORT AGREEMENT This Agreement is made between Software Performance Specialists, Inc. (hereinafter "Licensor"), a corporation having a principal office at PMB 37 10705 So. Roberts Road, Palos Hills, Illinois 60465, and City of Yorkville (hereinafter "Licensee"), an entity having a principal office at 800 Game Farm Road, Yorkville, IL 60560. NOW, THEREFORE, in view of the above premises and in consideration of the terms and conditions set forth below, Licensor and Licensee agree as follows: Scope of Agreement [A] Licensor agrees to provide 100 hours of on site service or programming and unlimited telephone or e-mail support for 1 year commencing May 1, 2004 or until support time is used (at a reduced rate of$90 per hour). Once time has been depleted, Licensee will then be billed at the normal rate of $120 per hour for on site support and $60 per hour for telephone support Price and Payment [B] In consideration for this license, Licensee will pay Licensor the sum of $9000.00 This license constitutes the complete and exclusive statement of the agreement between Licensor and Licensee, and may be modified only in writing signed by both parties. IN WIT " ' • , e icens• a • .w- -- .'- caused this agreement to be executed by their duly authorized representatives this 1ST day of February, 2004. ,� t ; , / h/ C nthia L.4 . raff Representative for Licensee President Software Performance Specialists, Inc. Representative for Licensor PMB 37 10705 S. Roberts Rfoad Palos Hills, IL 60465-2313 Phone: (800) 430-0290 www.softwareperformance.com email:wgraff@softwareperformance.com 02/12/2004 09:32 FAX 630 553 5764 DANIEL J. KRAMER 0005/025 F/ l Revised February 10, 2004 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND PROGRESSIVE HOLDINGS, LLC, an Illinois Limited Liability Company THIS PLANNED UNIT DEVELOPMENT AGREEMENT is made and entered into this day of , 2004,by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois a municipal corporation,located in Kendall County, Illinois, hereinafter referred to as "CITY", and PROGRESSIVE HOLDINGS, LLC, an Illinois Limited Liability Company, hereinafter referred to as "OWNER/DEVELOPER/DEVELOPER", hereinafter referred to as "OWNER/DEVELOPER", upon the following terms and conditions: WITNESSETH WHEREAS, the OWNER/DEVELOPER holds legal title to the real property which is currently located within the municipal boundaries of the CITY and described in Exhibit"A" ("PROPERTY") which is attached hereto and made a part hereof; and WHEREAS, the DEVELOPER is desirous of using said PROPERTY described in Exhibit "A" for B-3 General Business District use, and is desirous of assuring to it that said real property can be used for Service Business District use and all uses set out within this Agreement as attached hereto and incorporated herein as Exhibit "D", and to assure the right to uses under the B-3 General Business District as is time-to-time amended by the CITY; and WHEREAS, the CITY has considered the tract of PROPERTY herein described in Exhibit"A" for B-3 General Business District in order to provide for the orderly development thereof; and WHEREAS, the OWNER/DEVELOPER of the PROPERTY described in Exhibit"A" have requested the CITY to approve this Planned Unit Development Agreement and Final Plat for the PROPERTY; and its Plan Commission has considered the Petition; and the City Council has heretofore approved the proposed land use and the zoning of the same at the request of the OWNER/DEVELOPER; and —1— 02/12/2004 09 :32 FAX 630 553 5764 DANIEL J. KRAMER C j006/025 WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which the PROPERTY heretofore described in Exhibit"A"will be developed within the CITY in an orderly manner; and WHEREAS, OWNER/DEVELOPER and their representatives have discussed the proposed Planned Unit Development Agreement and the development of all the PROPERTY and have had public meetings with the Plan Commission, and the City Council; and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Planned Unit Development Agreement, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, the Plan Commission and City Council of the United City of Yorkville have further found pursuant to Chapter 10-14-6 F of the City Code that approval of the requested Planned Unit Development and the Special Use for Lot 2 allowing for a Gasoline Service Station selling petroleum,petroleum related products and convenience store meeting the following standards: (i) The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety,morals, comfort or general welfare. (ii) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted,nor substantially diminish and impair property values within the neighborhood. (iii) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. (iv) Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. (v) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. (vi) The special use shall in all other respects conform to the applicable regulations of the district in which it is located. (vii) The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development. (viii) The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding —2— 02/12/2004 03: 32 FAX 630 553 5764 DANIEL J. KRAMER 0007/025 neighborhood. (ix) That all minimum requirements pertaining to commercial uses established in the planned development shall be subject to the requirements for each individual classification as established elsewhere in this Title, except as may be specifically varied herein granting and establishing a planned development use. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained,the parties agree, under the terms and authority provided in 65 ILCS 5/11-15 through 65 ILCS 13.1-1.1(2002), as amended, as follows: SECTION 1. The CITY in consideration of each party being bound by the terms, covenants, and conditions contained herein, upon execution of this Agreement and accompanying Ordinance approving the Planned Unit Development Agreement does hereby approve this Agreement on behalf of the CITY. SECTION 2. DEVELOPMENT OF THE PROPERTY. It is contemplated that the PROPERTY consisting of approximately 139,889 square feet will be developed by OWNER/DEVELOPER. Regardless of whether OWNER/DEVELOPER or a third party acquires or develops any specific portion of the PROPERTY, the development of the PROPERTY shall be carried out in general conformity with the development standards hereinafter set forth in this Planned Unit Development Agreement and the Combined Planned Unit Development Plans and Final Plans. To the extent of any conflict, ambiguity or inconsistency between the terms,provision or standards contained in this Agreement and the terms, provisions or standards, either presently existing or hereafter adopted, of the City Code, the Zoning Ordinance, Sign Ordinance, Landscape Ordinance, the Subdivision Control Ordinance, as hereinafter identified, or any other City code, ordinance or regulation, (collectively defined herein as"Development Ordinances") the terms, provision and standards of this Agreement shall govern and control. These Development Ordinances shall be the Ordinances that govern this PROPERTY and as to the dates of this Agreement, and any amendment to the Development Ordinances shall not apply to the PROPERTY. Notwithstanding the foregoing, if any City code, ordinance or regulation is hereafter adopted or amended as to life safety issues which are applied uniformly within the CITY said Ordinance shall apply for that purpose to the PROPERTY. All Development Ordinances in effect as of the date of this Ordinance shall continue in effect insofar as they relate to the development of the PROPERTY, except as provided in this Agreement. These Development Ordinances shall be frozen from the date of this Agreement and any amendments to these Development Ordinances shall not apply to the PROPERTY except as —3— 02/12/2004 09 32 FAX 630 553 5764 DANIEL J. KRAMER lj003/025 stated for life safety issues. Fees and charges may be assessed against the PROPERTY provided any such fee or charge is or shall be collected by the CITY on a uniform basis from all OWNER/DEVELOPER, users and developers of property within the CITY. The CITY shall not increase the amount of any fee or charge for building permit fees, occupancy permit fees,plan review fees, inspection fees,utility fees, application fees or use fees for the PROPERTY unless such increases are: (i) made generally applicable to all OWNERS/DEVELOPERS, users and developers of property within the CITY; and (ii) such increases are reasonably related to increased costs incurred by the CITY in providing the services for which such fee is assessed. All landscaping and final grading cm individual lots shall be the sole responsibility of the person or entity seeking issuance of the building permit for such improvement or the person or entity who are the OWNERS/DEVELOPERS of an individual lot on the date when such improvements are required to be installed, and OWNER/DEVELOPER'S responsibilities relating to such activity shall be deemed assigned to and accepted by said applicant or subsequent OWNER/DEVELOPER. A. APPROVED P.U.D. PLANS. The following combined plans for the PROPERTY have been reviewed by the Yorkville Plan Commission and the City Council and are hereby approved by the CITY: (i) P.U.D. Plan(Exhibit "B-1") ("P.U.D. Plan"); (ii) Preliminary Landscape Plan (Exhibit`B-2"); (iii) Freestanding Signage Plan (Exhibit"B-3"); and (iv) Lot 1 through Lot 3 and off-site Final Engineering (Exhibit "B-4") The P.U.D. Plan, Freestanding Signage Plan, Preliminary Landscape Plan and the Final Engineering are sometimes referred to collectively as the"Combined P.U.D. Plans". The Combined P.U.D. Plans are approved by the CITY in their entirety and any provision or requirement contained in any ordinance, regulation, directive or procedure of the CITY exclusive of this Agreement, in conflict with any aspect or element of the Combined P.U.D. Plans shall be deemed varied hereby so as to conform with and permit the development, use, maintenance and operation of the PROPERTY in substantial conformity with the Combined P.U.D. Plans. All references in this Agreement to a lot number(i.e., Lot 1, Lot 2, etc.) shall mean the corresponding lot as identified on the Final Plat of Subdivision and P.U.D. Plan. B. OWNER/DEVELOPER has represented to the CITY and the CITY acknowledges that the lots identified on the Final Plat of Subdivision maybe changed in the future. Any Final Plat of Subdivision ("Final Plat") shall be in substantial conformance with the P.U.D. Plan if the Final Plat meets the bulk lot standards as provided in Section Two of the Agreement. Changing the location of the lot lines shall not be considered a change of the P.U.D. Plan or this Agreement so long as the Final Plat meets the bulk standards as provided in Section Two of this —4— 02/12/2004 09. 33 FAX 630 553 5764 DANIEL J. KRAMER 0009/025 Agreement. There shall be a time limit of twenty(20) years between approval of the P.U.D. Plan and submission of the Final Plat for approval by the CITY. OWNER/DEVELOPER shall have the right to subdivide and resubdivide the PROPERTY into lot configurations other than as shown on the P.U.D. Plan or Final Plat of Subdivision, so long as each such lot so platted complies with the requirements of the Yorkville Municipal Code, except as amended by or otherwise provided in this Agreement. A resubdivision of any approved final plat of subdivision shall not be considered a change to the final plat. C. APPROVED FINAL PLANS The following combined final plans for Lots 1 through 3 on the PROPERTY have been reviewed by the City and are hereby approved by the City: (i) Lot 1 through Lot 3 P.U.D. Site Plan (Exhibit"C-1") (ii) Lot 1 through Lot 3 Final Landscape Plan (Exhibit"C-2") (iii) P.U.D. Signage Plan(Exhibit"C-3") (iv) Lot 1 through Lot 3 and off-site Final Engineering(Exhibit"B-4") (v) Lot 1 through 3 Final Plat of Subdivision (Exhibit"C-5") The Lot l through Lot 3 Site Plan, Landscape Plan, Signage Plan, Final Engineering, and the Lot 1 through 3 Final Plat of Subdivision are sometimes referred to collectively as the"Lot 1 through 3 Final Plans". The Lot 1 through 3 Final Plans are approved by the CITY in their entirety. No other plans are required to be reviewed or approved by the CITY as a condition precedent to OWNER/DEVELOPER applying for and receiving grading, foundation, building and occupancy permits on Lots l through 3, provided DEVELOPER complies with all requirements for obtaining such permits as provided in the City Codes, except as amended by this Agreement. The Lots 1 through 3 Final Plans are approved by the CITY in their entirety and any provision or requirement contained in any ordinance, regulation, directive or procedure of the CITY exclusive of this Agreement, in conflict with any aspect or element of the Lots 1 through 3 Final Plans shall be deemed varied hereby so as to conform with and permit the development, use,maintenance and operation of the PROPERTY in substantial conformity with the Lots 1 through 3 Final Plans. D. RESUBDIVISION Any lot may be resubdivided in conformance with the Plat Act from time to time into two or more lots after or concurrently with the initial final plat of subdivision for each such lot. In the event, however, following the approval and recordation of the initial plat of subdivision of each Lot contained within the PROPERTY, OWNER/DEVELOPER shall be entitled to resubdivide each such lot without further Plan Commission review provided the following conditions are met: —5— 02/12/2004 09:33 FAX 630 553 5764 DANIEL J. KRAMER Z 010/025 (i) All resubdivided lots shall comply with the standards of this Ordinance; (ii) Each resubdivided lot shall have access by way of fee title or recorded easements of record in form reasonably acceptable to the CITY to: 1. A public street for ingress and egress; 2. Water mains; 3. Sanitary sewers; 4. Storm sewers; 5. Electric distribution facilities; and 6. Such other public utilities as may be necessary and appropriate for the use and occupancy of such subdivided lot. (iii) Utilities for which easements shall be necessary as set forth in (ii), above, shall be installed and accepted or collateralized in accordance with the Yorkville Municipal Code. (iv) Each subdivided lot shall have sufficient off-street parking located thereon as provided in the Yorkville Ordinance or have access to and use of off- street parking on other portions of the PROPERTY by way of easements as provided in Section 2H(ii). E. ARCHITECTURAL ELEMENTS Any changes to the elevations for Lots 1-3 prior to receipt of a building permit shall be reviewed and approved by staff if the revised elevations comply with BOCA code requirements. F. LAND USE FOR THE PROPERTY Except as otherwise provided in this Agreement, the development and use of the PROPERTY shall comply with the standards established under the "B-3"zoning classification as set forth in the Yorkville Municipal Code. If there is any conflict between the regulations of the Yorkville Municipal Code, as amended from time to time, this Agreement shall govern, as provided by Section 2 and 5 of this Agreement. (i) Uses. Those uses listed in Exhibit"D"attached hereto shall constitute permitted uses or special uses on the PROPERTY(individually a "Permitted Use"and collectively the"Permitted Uses"). Any uses not listed in Exhibit"D"shall be deemed special uses and shall require subsequent application by the applicable OWNER/DEVELOPER pursuant to provisions for special use under the Yorkville Municipal Code. The permitted uses and special uses listed in Exhibit "D" shall survive any —6— 02/12/2004 09:33 FAX 630 553 5764 DANIEL J. KRAMER 1011/025 amendments to the Yorkville Municipal Code. Any application for Special Use shall be processed in conformance with the Yorkville Municipal Code. (ii) Maximum Floor Area Ratio. None (iii) Minimum Lot Area. (iv) Minimum Lot Width. None (v) Minimum Lot Depth. None (vi) Maximum Lot Coverage None (vii) Building Height. The maximum height of any building or structure shall be feet to the top of the parapet wall, exclusive of the screened rooftop mechanical equipment and its aesthetic architectural features as measured from the average finished ground level at the perimeter of the building. (viii) Setback and Yard Requirements. Building and Landscaping setback requirements from public street rights-of-way, roadway easements and adjacent land uses for each lot within the PROPERTY shall be as identified on the P.U.D. Plan attached as Exhibit`B-1". If IDOT requests DEVELOPER to convey property or condemns property for additional right-of-way, the required setbacks for the PROPERTY as shown on the P.U.D. Plan shall always be measured from the existing property line so that the PROPERTY shall continue to comply with this Agreement and shall not be considered non-conforming by the CITY. Setbacks not provided on the P.U.D. Plan shall be as follows: Yard Building Setback Parking Setback Landscape setback Front 0 0 0 feet Rear 0 0 0 Side 0 0 0 (ix) Number of Buildings. Each zoning lot may contain one principal building, together with any accessory uses. (x) Signage. DEVELOPER, its grantees, successors and assigns, shall be permitted to construct, operate and maintain temporary and permanent signs upon the various portions of the PROPERTY owned or controlled by —7— 02/12/2004 09:33 FAX 630 553 5764 DANIEL J. KRAMER 1/j012/025 it pursuant to a written agreement or easement. ground signs, as depicted on Exhibit "B-3" and located adjacent to the PROPERTY and not owned by the DEVELOPER, as identified in the P.U.D. Plan. All other signage for the PROPERTY shall comply with the Yorkville sign ordinance. This provision does not apply to directional signage which each lot shall be permitted, in accordance with the Yorkville Sign Ordinance. DEVELOPER shall be permitted to provide internal and external lighting of any ground or pole signs. G. PARKING AND LOADING BERTH REQUIREMENTS Except as expressly deviated in this Agreement, the off-street parking regulations shall be governed by the regulations provided in Section 10-11-1, 10-11-2 and 10-11-3 of the Yorkville Ordinance in effect at the time this Agreement is enacted. These parking provisions shall apply to the PROPERTY, notwithstanding any later amendments to this Section by the CITY. Parking spaces shall be a minimum of 9 feet by 18 feet. (i) Drive-thru: Any facility containing a drive thru drugstore shall contain stacking for a minimum of 3 cars per service window. (ii) Location of Parking: Parking for any use can be located either: 1) on the lot upon which the use is located; 2) on other lots of the PROPERTY with a properly recorded cross-access easement for parking between the two lots. H. PERIMETER LANDSCAPING AND BUFFERING (i) The PROPERTY and each lot contained therein shall be landscaped in substantial compliance with the Preliminary Landscape Plan attached hereto as Exhibit"B-2". The OWNER/DEVELOPER of each lot shall only be responsible for installing and maintaining that portion of the perimeter landscaping identified on the Perimeter Landscape Plan located upon such OWNERJDEVELOPER'S or Developer's lot. Prior to approving any Certificate of Occupancy, a Final Landscape Plan shall be submitted for approval by the CITY. The CITY shall approve the Final Landscape Plan if it is in substantial conformance with the approved Preliminary Landscape Plan. The landscaping for each lot within the PROPERTY shall be installed prior to the issuance of any occupancy permit for the principal structure on such lot, weather permitting, or, in the event of adverse weather conditions, within sixt,j60) days following the commencement of the next successive planting season following issuance of such occupancy permit. —8— 02/12/2004 09 .33 FAX 630 553 5764 DANIEL J. KRAMER a 013/025 (ii) Perimeter landscaping may be phased. However, said landscaping shall be installed on a lot by lot basisprior to the issuance of a final occupancy permit for each lot. The landscaping for each lot within the PROPERTY shall be installed prior to the issuance of any occupancy permit for the principal structure on such lot, weather permitting, or, in the event of adverse weather conditions,within sixty(60) days following the commencement of the next successive planting season following issuance of such occupancy permit. The perimeter landscape standards set forth in this Agreement and in the Perimeter Landscape Plan shall be the only perimeter landscape standards or ordinance applicable to the PROPERTY. 1. INTERIOR LOT LANDSCAPING The interior lot landscaping plans to be submitted to the City Staff pursuant to Section 2F of this Agreement shall contain all of the information reasonably necessary to assess its compliance with this Section of the Agreement. Such plan shall be in substantially the same format as the Perimeter Landscaping Plan. J. BUILDING AND PARKING ENVELOPE The P.U.D. Plan (Exhibit"B-1") identifies envelopes within which the building or buildings and parking lot on each lot within the PROPERTY may be constructed ("Building and Parking Envelope"). The purpose of the Building and Parking Envelope is to provide reasonable flexibility in design, configuration and location of the commercial buildings within the Building and Parkin• Envelo.e. The actual buildin• foot.rint and .arkin: lot location for each buildin• constructed within the PROPERTY may be adjusted to meet the reasonable needs and requirements of the uses of such building provided such building footprint and parking lot location is located within the Building and Parking Envelope as identified on the P.U.D. Plan. K. EXTERIOR LIGHTING All exterior pole mounted lighting constructed on the PROPERTY shall not exceed a maximum height of feet, measured from the pavement. Said lighting shall be white light, downcast, not to exceed an average of seven(7) footcandles. DEVELOPER may place accent lighting, at its sole discretion,to illuminate the building and any of the lot's entrances, so long as the light leaving the site does not exceed City Code. —9— 02/12/2004 09:33 FAX 630 553 5764 DANIEL J. KRAMER 0 014/025 SECTION 3. ROADWAYS, STREETS AND ACCESS. A. ACCESS LOCATIONS (i) The CITY hereby acknowledges that the access points exist and can be used for vehicular access as shown on the Final Engineering Plans (Exhibit "3-4"). (ii) The CITY shall use its best efforts with IDOT to obtain the access points to the PROPERTY shown on the Final Engineering Plans (Exhibit"B-4"). (iii) The CITY shall use its best efforts with to cooperate with the owner of the adjacentproperty to the south and west of the Property to secure a cross access easement to the adjacent development for the benefit ofpublic health and safety. B. CITY COOPERATION As to those locations over which the CITY has jurisdiction, the CITY shall issue all necessary approvals and permits for curb cuts and access locations, pursuant to any application for a Final Plat of Subdivision. As to all other curb cuts and access locations, OWNER/DEVELOPER or subsequent lot OWNER/DEVELOPER shall be responsible for obtaining all necessary approvals and permits from the governmental authority with jurisdiction thereover and the CITY shall fully cooperate with, and exercise its best efforts in support of, DEVELOPER or subsequent lot OWNER/DEVELOPER in obtaining said approvals and permits. CITY agrees to apply to IDOT for a permit for public signals (the total cost of installing the public signals to be paid by DEVELOPER), and Maintenance Agreements when requested by DEVELOPER. The CITY shall execute the Maintenance Agreements with IDOT and the CITY shall be responsible to pay for all costs associated with the Maintenance Agreement, including but not limited to the maintenance costs for both signals. SECTION 4. CHANGES TO THE PLANNED DEVELOPMENT. The PROPERTY shall be developed in substantial compliance with the Combined Planned Unit Development Plans and any final plans or plats approved by the CITY. Changes to the Planned Development hereby approved shall be evaluated and processed as follows; A. DEFINITIONS (i) Major Changes: Major changes shall include any changes to the Planned Development which require an amendment of this Agreement, or any other change for which a public hearing is required by law or by the Yorkville Municipal Code, except as specifically provided herein. —10— 02/12/2004 09.33 FAX 630 553 5764 DANIEL J. KRAMER 0015/025 (ii) Minor Changes: Minor changes shall include any change not defined herein as a major change or a technical change. Minor changes shall include,but not be limited to, changes to the Combined P.U.D.Plans,Lots I through 3 Plans or approved Additional Plans and Materials that do not alter the intent of this Agreement. A substantial resubdivision of the entire PROPERTY of an approved Final Plat of Subdivision may be considered a minor change of the P.U.D. Plan and the Final Plat of Subdivision and require Plan Commission and City Council approval, but no public hearing. (iii) Technical Changes: Technical changes shall include any change to the engineering plans and specifications, and any change to the building plans, which is determined by the City Engineering, Director of Public Works, Building Commissioner, Fire Chief, Director of Planning or Director of Economic Development as the case may be,to be: (i) in substantial compliance with the Combined P.U.D. Plans as approved by the City Council and; (ii) in compliance with the Yorkville Municipal Code, except as specifically varied or deviated as provided in Section 2 and 5 of this Agreement herein. Technical changes shall include, but not be limited to: 1)relocation of any road, sidewalk or easement; 2) alteration to any Storm Detention Facility. (iv) Items Not Considered Changes: The CITY acknowledges that any change of lot lines from the P.U.D.Plan to the Final Plat of Subdivision shall not be considered a change of the Planned Unit Development Agreement. B. PROCEDURES (i) Major changes may be approved by the City Council after public hearing and recommendation by the Yorkville Plan Commission pursuant to submittal and processing of a petition to amend the Special Use as a Planned Development and a petition for preliminary plan approval, as set forth in the Yorkville Municipal Code. Major changes shall only require approval by a majority of the City Council. (ii) Minor changes may be approved by the City Council without Yorkville Plan Commission review or public hearing. Minor changes shall only require approval by a majority of the City Council. (iii) Technical changes may be approved by the City Engineer, Director of Public Works, Building official, City Administrator, or other City personnel so empowered by the City Council as the case may be. —11— 02/12/2004 09 34 FAX 630 553 5764 DANIEL J. KRAMER a 01B/025 SECTION 5. DEVIATIONS. To the extent that any element of the Combined P.U.D. Plans, Lot 1 through 3 Final Plans, Additional Plans and Materials, final plans, final plats, or this Agreement, deviate from the standards of the Subdivision Regulations,Zoning Ordinance, Sign Ordinance, Landscape Ordinance or other ordinance of the CITY, or any amendments thereto, or any other City of Yorkville ordinances,appropriate deviations, exceptions or("Deviations") to the applicable ordinance shall be deemed to be granted hereby. These Deviations include,but are not limited to, the deviations identified in Exhibit"E". SECTION 6. ON-SITE EASEMENTS AND IMPROVEMENTS. A. EASEMENT REQUIREMENTS All landscape, public utility, drainage, cross-access and related maintenance agreements, and stormwater detention easements to be granted to the CITY upon,under and across portions of the PROPERTY shall be established through the recordation,by the then OWNER/DEVELOPER or OWNERS/DEVELOPERS of the land affected, of an as-built easement plat, plotting the location of each easement granted based upon the actual location of the utility line, structure or basin as constructed. All such easements required for the PROPERTY shall be established as aforesaid prior to the issuance of the first occupancy permit within the PROPERTY. B. UTILITIES AND OFF-SITE ROADWAYS All utilities may be phased. Any lot to be developed shall provide minimum utilities acceptable to the City Engineer. DEVELOPER acknowledges that utilities constructed during further phases of development may enhance service of lots already developed and may require abandonment of previously installed utilities. The CITY acknowledges that all off-site improvements to all public roads ("Off- Site Roadways") adjacent to the PROPERTY, are identified on the Final Engineering Plans attached as Exhibit"B-4". The CITY shall not require DEVELOPER or its successor or assigns to construct or contribute any money for these Off-Site Roadways or any other public improvements not specifically required under this Ordinance, including the Plans attached to this Agreement. Additionally, the DEVELOPER shall not be required to conduct or pay for any traffic studies that have not already been conducted by DEVELOPER or are required from the DEVELOPER by IDOT. SECTION 7. OFF-SITE EASEMENTS AND CONSTRUCTION. CITY acknowledges and agrees that stormwater detention required as part of the development of the PROPERTY may be located either on the PROPERTY or"off-site", so long —12— 02/12/2004 09.34 FAX 630 553 5764 DANIEL J. KRAMER I017/025 as OWNER/DEVELOPER obtains a written recorded easement for drainage purposes and submits the same to the City Engineer for approval. The detention provided for the PROPERTY shall meet applicable City ordinances,but in no event shall the release rate for the PROPERTY exceed .15 CFS per acre. SECTION 8. SANITARY SEWER SERVICE. The CITY shall allow OWNER/DEVELOPER connection to the sanitary sewers as required by the City Engineer. The CITY represents and warrants to DEVELOPER that it owns, operates and maintains a sanitary sewer system within its borders of the subject PROPERTY, which mains have at this time, sufficient capacity to accommodate the anticipated sanitary sewer requirements of the PROPERTY to the extent the PROPERTY is developed in accordance with the P.U.D. Plan. The CITY shall cooperate with OWNER/DEVELOPER in obtaining all necessary off-site easements and shall grant OWNER/DEVELOPER access to all CITY-owned rights-of-way to enable OWNER'S/DEVELOPER'S provision of sanitary sewer service to the PROPERTY. OWNTER/DEVELOPER shall restore property affected by off-site extension of sanitary sewer lines to its condition existing prior to said construction. SECTION 9. POTABLE WATER SERVICE. The CITY represents and warrants that it owns, operates and maintains a potable water supply and distribution system within its borders and water mains within the right-of-way along a portion of the perimeter of the PROPERTY, which system and mains have, sufficient capacity and pressure to accommodate the anticipated potable water and fire protection needs of the PROPERTY to the extent the PROPERTY is developed in accordance with the P.U.D. Plan. The CITY shall cooperate with OWNER/DEVELOPER in obtaining all off-site easements necessary and shall grant OWNER/DEVELOPER access to all CITY owned right-of-way to enable OWNER'S/DEVELOPER'S provision of potable water service to the PROPERTY. OWNER/DEVELOPER shall restore property affected by off-site extension of water lines to its condition existing prior to said construction. SECTION 10. PRELIMINARY GRADING AND PREPARATION OF THE PROPERTY FOR DEVELOPMENT. A) OWNER/DEVELOPER shall have the right after obtaining approval of Final Engineering but prior to approval and recordation of a Final Plat of Subdivision, to undertake preliminary grading work, filling and soil stockpiling,which plans shall be reasonably satisfactory to the City Engineer. B) OWNER/DEVELOPER shall have the right after obtaining approval of Final Engineering but prior to approval and recordation of the Final Plat of Subdivision, may install foundations and steel frames for buildings prior to its approval and recording of a Final Plat on the property only if applicable building permits have been applied for and issued by the CITY. —13— 02/12/2004 09.34 FAX 830 553 5764 DANIEL J. KRAMER 019/025 C) OWNER/DEVELOPER shall have the right after obtaining approval of Final Engineering but prior to approval and recordation of the Final Plat of Subdivision, may install underground utilities, only after all necessary EPA and CITY permits for extension of municipal utilities have been granted in preparation for the development of the PROPERTY. D) Any such work undertaken by OWNER/DEVELOPER shall be at the sole risk of the OWNER/DEVELOPER and without injury to the property of surrounding property OWNER/DEVELOPER. No letter of credit, bond or other security shall be required by OWNER/DEVELOPER as a condition precedent to the commencement of such work. SECTION 11. BUILDING PERMITS. The CITY shall issue building permits for construction of improvements upon the PROPERTY within twenty(20)working days subsequent to receipt of application therefore. If the application is denied, the CITY shall provide a written statement within said period specifying the reasons for denial of the application including specifications of the requirements of law which the application or supporting documents fail to meet. The CITY shall review and provide written comments or approve the resubmittal plans within fourteen (14) calendar days of the resubmittal. The CITY shall issue such building permits upon compliance with those requirements. OWNER/DEVELOPER may apply for and the CITY shall issue building permits for portions of the PROPERTY after approval but prior to recordation of a Final Plat for any such portion of the PROPERTY, and prior to the installation and availability of storm sewer, sanitary sewer and potable water service to such portion of the PROPERTY. A gravel haul road outside the right-of-way reasonably deemed satisfactory to the Fire Department for emergency use must all be in place prior to issuance of said permits. Notwithstanding the foregoing,no occupancy permits shall be issued for such portions of the PROPERTY until the availability of such utilities to the structure in question is demonstrated, including a binder course of pavement on the street fronting the structure seeking an occupancy permit. Prior to the DEVELOPER, its lessees or successors and assigns receiving a building permit, a recorded reciprocal easement agreement for storrnwater maintenance must be provided to the CITY. SECTION 12_ CERTIFICATES OF OCCUPANCY. The CITY shall issue certificates of occupancy for buildings constructed within the PROPERTY within three (3)working days subsequent to application therefore, or issue a letter of denial within said period informing the applicant specifically as to what corrections are necessary as a condition to the issuance of a certificate. Inability, due to adverse weather conditions, to install a final surface course on driveways, service walks, public sidewalks, stoops, landscaping(including parkway trees) and final grading, shall not delay the issuance of a temporary certificate of occupancy,which shall contain specific deadlines for completion of each —14— 02/12/2004 09: 34 FAX 630 553 5764 DANIEL J. KRAMER Z019/025 of the items not completed. The CITY shall not issue a final occupancy permit unless the Final Plat of Subdivision for the PROPERTY is recorded. SECTION 13. SECURITY FOR PUBLIC IMPROVEMENTS. A. Approval of any payout reduction of the bond posted to secure certain improvements, as required by the Yorkville Subdivision Ordinance ("Reduction") shall not be withheld if the bonded improvements substantially conform to the Final Engineering Plan. Improvements requiring a bond shall be as per City Ordinances and Standard City Bond Forms for Public Improvements a copy of which is attached hereto as Exhibit"F". If private improvements, grading or landscaping is not completed per plans,DEVELOPER shall post a bond or letter of credit for 110% of estimated cost of completion or certificate of occupancy may be withheld as to affected areas of the PROPERTY by the CITY. The CITY shall, within sixty (60) days from the request for the Reduction and after receipt of the appropriate lien waivers from the DEVELOPER, either approve said Reduction, or shall notify DEVELOPER in writing of the reason or reasons for not approving said payout or Reduction. The reasons for denying the Reduction shall be limited to DEVELOPER not substantially conforming to the Final Engineering Plan or as listed on CITY standard bond form. Upon satisfying said reasons and notification by DEVELOPER to the City Engineer, the City Council may authorize the Reduction. Neither the CITY or the City Engineer shall require the DEVELOPER to install, construct or pay for any other improvements not included in the Final Engineering as approved by the CITY concurrent with the Final Plat approval. B. Within twenty(20) days following a DEVELOPER's request therefore, underground Public Improvements, and surface level structures appurtenant thereto, shall be inspected by the CITY and certificates of completion issued therefore by the CITY upon a finding of compliance with the final engineering plans pertaining thereto. The responsible DEVELOPER shall post, or cause the subcontractor constructing such Public Improvements to post a maintenance bond in the amount of ten percent(10%) of the cost of constructing such Public Improvements as listed in the Standard City Bond Form attached hereto and incorporated herein as Exhibit"F", to guarantee the workmanship and materials of such Public Improvements for a period of twelve(12) months following the date of acceptance by the City Council. Upon the expiration of said twelve (12)month guarantee period,the CITY shall make a final inspection of such Public Improvements, and upon the correction by DEVELOPER of such defects or damage as may then exist effecting the same, the CITY shall accept conveyance of such underground Public Improvements from such DEVELOPER by bill of sale or such other conveyance device as may be approved by the City attorney, SECTION 14. SPECIAL ASSESSMENTS AND TAXATION. (If there is common signage, parking, maintenance or detention) Without the prior written consent of OWNER/DEVELOPER, the CITY shall not,within ten(10) years from the execution of this Agreement: —15- 02/12/2004 09 34 FAX 630 553 5764 DANIEL J. KRAMER ?)020/025 A. levy against any real or personal property within the PROPERTY, any special assessment or special tax for the cost of any improvements in or for the benefit of the PROPERTY except as specified herein; or B. undertake any local improvements in, on or for the benefit of the PROPERTY pursuant to the imposition of a special assessment or special tax against the PROPERTY, or any portion thereof; or C. levy or impose additional taxes on the PROPERTY, in the manner provided by law for the provision of special services to the PROPERTY or to an area in which the PROPERTY is located or for the payment of debt incurred in order to provide such special services. D. The CITY shall create a Back-Up Special Tax Service Area to provide for on-site of the PROPERTY maintenance of detention,perimeter landscaping,ponds, and common subdivision signage which is located on the PROPERTY only, not off- site signs, which shall only be activated in the event DEVELOPER or its assigns fail to maintain those elements of the subject real PROPERTY. DEVELOPER shall submit a written waiver and consent of the Back-Up Special Tax Service Area prior to issuance of the first certificate of occupancy on the subject premises. The Back-Up Special Tax Service Area shall not be levied upon by the CITY without providing a ninety(90) day advance written notice to DEVELOPER or any active property OWNER/DEVELOPERs' association allowing them an opportunity to cure any maintenance default weather permitting or labor or other force majeure that would delay performance being given consideration by the CITY. This ninety(90) day notice and opportunity to cure period shall also be tolled if the DEVELOPER has ordered material to cure the defects but is still awaiting delivery of that material. The levy sought may not exceed Twenty Five Cents (5.25)per One Thousand Dollars and 00/100 ($1,000.00) of assessed value. Nothing in this Section 16 shall prevent the CITY from levying or imposing additional property taxes upon the PROPERTY in the manner provided by law,which are applicable to and apply equally to all other properties within the CITY. SECTION 15. RECAPTURE AGREEMENTS. The CITY represents and warrants to DEVELOPER that besides the St. Patrick's Church Recapture Agreement for sewer and water extension there are no recapture fees that are or shall become due and payable by the OWNER/DEVELOPER or DEVELOPER as a result of connection to any utility or road improvements serving the PROPERTY. —16— 02/12/2004 09 34 FAX 630 553 5764 DANIEL J. KRAMER Z021/025 SECTION 16. COMPLIANCE WITH STATE STATUTES. In the event that any one or more provisions of this Agreement do not comply with any one or more provisions of the Illinois Compiled Statutes or the governing rules of the Water Pollution Control board or the Federal or State Environmental Protection Agencies, then the CITY, OWNER/DEVELOPER, and DEVELOPER, and all of their respective successors and assigns, agree to cooperate to comply with said provisions which shall include,but not be limited to, the passage of resolutions and ordinances to accomplish such compliance. SECTION 17. PLATTING OF LANDSCAPE BUFFERS. All landscape buffers required under this Agreement may, in the sole discretion of the responsible OWNER/DEVELOPER,be included within and platted as part of the applicable lot. In such event, the OWNER/DEVELOPER of such lot within which the landscape buffer is located, shall maintain, at such OWNER/DEVELOPER'S expense, the landscape material contained therein following the responsible OWNER/DEVELOPER'S construction and completion of such landscape buffer. SECTION 18. CONVEYANCES. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER/DEVELOPER and/or DEVELOPER to sell or convey all or any portion of the PROPERTY,whether improved or unimproved. SECTION 19. CONFLICT IN REGULATIONS AND ORDINANCES. The provisions of this Agreement and Ordinance approving this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of hereof. SECTION 20. AMENDMENT TO THIS ORDINANCE. This Agreement shall not be amended by the CITY without the prior written consent of the DEVELOPER. SECTION 21. BINDING EFFECT, SUCCESSION IN INTEREST. This Agreement and the Ordinance approving it shall constitute a covenant running with the land and be binding upon and inure to the benefit of the parties hereto, their successors in interest, assignees, lessees, and upon any successor municipal authorities of the CITY and successor municipalities. Except as otherwise expressly provided herein, upon the conveyance or assignment by OWNER/DEVELOPER of its interest in the PROPERTY to any successor, assign, or nominee, OWNER/DEVELOPER and/or such DEVELOPER, as the case may be, shall —17— 02/12/2004 09 35 FAX 630 553 5784 DANIEL J. KRAMER Z022/025 be released from any and all further liability or responsibility under this Ordinance except to the extent previously undertaken by OWNER/DEVELOPER, or for which OWNER/DEVELOPER has posted security to perform an obligation in which case OWNER/DEVELOPER`shall be bound to continue to complete its performance unless a replacement bond or letter of credit is posted by the new OWNER/DEVELOPER or DEVELOPER, and accepted by the CITY which shall not be unreasonably withheld. In such event the original OWNER/DEVELOPER shall be released from the underlying obligation to perform. The CITY shall thereafter look only to the successor, assign,or nominee of OWNER/DEVELOPER concerning the performance of such duties and obligations of OWNER/DEVELOPER hereby undertaken. SECTION 22. INCORPORATION OF EXHIBITS. All exhibits attached to this Agreement are hereby incorporated herein and made a part of the substance hereof. SECTION 23. EFFECTIVE DATE. The effective date of the Ordinance approving this Agreement shall be the date of execution of this Agreement. SECTION 24. NOTICES. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: Mayor and City Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Daniel J. Kramer, City Attorney 1107A S. Bridge St. Yorkville, IL 60560 If to OWNER/DEVELOPER: Progressive Holdings, LLC Attn: Wade 7oyner 275 Ashe Road Plano, IL 60545 or to such other addresses as any party may from time to time designate in a written notice to the other parties. —18— 02/12/2004 09: 35 FAX 630 553 5764 DANIEL J. KRAMER l023/025 SECTION 25. ENFORCEABILITY. This Agreement shall be enforceable in any Court of competent jurisdictions by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said Agreement becomes unenforceable due to any change in Illinois Compiled Statutes or Court Decisions, said enforceable portion of this Agreement shall be exercised there from and the remaining portions thereof shall remain in full force and effect. SECTION 26. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. —19— 02/12/2004 09:35 FAX 830 553 5764 DANIEL J. KRAMER a 024/025 IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of , 20 , CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Attest: CITY CLERK. —20— 02/12/2004 09: 35 FAX 630 553 5764 DANIEL J. KRAMER Ipj025/025 OWNER/DEVELOPER: PROGRESSIVE HOLDINGS, LLC, an Illinois Limited Liability Company By: Attest: Dated: Prepared by: Law Offices of Daniel J, Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —21— UNITED CITY OF YOR:KVILLE SUBDIVISION CONTROL ORDINANCE (with strikeouts) THE UNITED CITY OF YORKVILLE Ordinance No. Date Adopted Yorkville Subdivision Control Ordinance YORKVILLE SUBDIVISION CONTROL ORDINANCE SECTION 1.00 TITLE 2.00 INTENT &PURPOSE 3.00 GENERAL PROVISIONS 3.01 Jurisdiction 3.02 Interpretation 3.03 Separability 3.04 Rules 4.00 DEFINITIONS 5.00 PROCEDURE FOR SUBMISSION OF SUBDIVISION PLAT 5.01 Pre-Application Conference 5.02 Concept Plan 5.03 Preliminary Plan 5.04 Final Plan 6.00 REQUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS & PLATS 6.01 Pre-Application Conference Plan 6.02 Preliminary Plan 6.03 Final Plan 7.00 DESIGN STANDARDS 7.01 General 7.02 Public Sites and Open Spaces 7.03 Streets Standards 7.04 Half-Streets 7.05 Alleys 7.06 Street Jogs 7.07 Street Intersections 7.08 Blocks 7.09 Lots 7.10 Easements 2 Yorkville Subdivision Control Ordinance YORKVILLE SUBDIVISION CONTROL ORDINANCE, CONTINUED SECTION, CONTINUED 8.00 REQUIRED IMPROVEMENTS 8.01 Improvement Requirements Prior to Filing Final Plat 8.02 Subdivision Securities 8.03 Construction Warranty 8.04 Procedure 8.05 Streets 8.06 Sidewalks 8.07 Street Lighting 8.08 Signage, Guard Rails, & Landscaping 8.09 Storm Water Drainage 8.10 Sanitary Sewer System 8.11 Water System 8.12 Over-sizing of Utilities 9.00 ADMINISTRATION 9.01 Building Permit 9.02 Certificate of Occupancy 9.03 Variations 10.00 AMENDMENTS 10.01 Initiation of Amendment 10.02 Processing Application for Amendment 10.03 Decisions 11.00 FEE SCHEDULE 11.01 Final Plat 11.02 Amendment 12.00 VIOLATIONS, PENALTY, & ENFORCEMENT 13.00 EFFECTIVE DATE Exhibit 1 Standard Specifications for Improvements Exhibit 2 Park Development Standards etC/a/.ow: 3 Yorkville Subdivision Control Ordinance SECTION 1.00- TITLE This Ordinance shall hereafter be know, cited, and referred to as the Yorkville Subdivision Control Ordinance. SECTION 2.00—INTENT & PURPOSE The regulations of this ordinance are adopted: To protect the interests of the land owner, the investor in land, the homeowner, and the municipal unit; To conserve, protect, and enhance property and property values; to secure the most efficient use of land; and to facilitate the provisions of public improvements; To provide for orderly growth and development; to afford adequate facilities for the safe and efficient means for traffic circulation of the public; and to safeguard the public against flood damage; To prescribe reasonable rules and regulations governing the subdivision and platting of land; the preparation of plats; the location, width, and course of streets and highways; the installation of utilities, street pavements, and other essential improvements; and the provision of necessary public grounds for schools, parks, playgrounds, and other public open space; and To establish procedures for the submission, approval, and recording of plats;to provide the means for enforcement of the ordinance, and to provide penalties for violations. SECTION 3.00—GENERAL PROVISIONS 3.01 JURISDICTION This Ordinance shall apply to all subdivision of land within the incorporated limits of the United City of Yorkville, and within its contiguous territory, but not more than one and one-half miles beyond the incorporated limits of the United City of Yorkville. 3.02 INTERPRETATION 3.02.01 Minimum Requirements. The provisions of this Ordinance shall be held to be the minimum requirements for the promotion of public health, safety, and welfare. 3.02.02 Relationship with Other Laws. Where the conditions imposed by any provision of the Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other ordinance, law, resolution, rule, or regulation of any kind, the regulations that are more restrictive(or which impose higher standards or requirements) shall govern. 3.02.03 Effect On Existing Agreement. This Ordinance is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this Ordinance are more restrictive(or impose higher stands or requirements)than such easements, covenants, or other private agreements, the requirements of this Ordinance shall govern. 4 Yorkville Subdivision Control Ordinance 3.02.04 The Standard Specifications for Improvements shall be hereby included and made a part of this Subdivision Control Ordinance in its entirety. 3.03 SEPARABILITY Should any section, subsection, clause, or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid. 3.04 RULES In the construction of this Ordinance,the rules contained herein shall be observed and applied, except when the context clearly indicates otherwise: 1. Words used in the present tense shall include the future, and words used in the singular number shall include the plural number, and the plural shall include the singular. 2. The word "shall" is mandatory, and not discretionary. 3. The word"may" is permissive. 4. The masculine gender includes the feminine and neuter. SECTION 4.00—DEFINITIONS The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined: Alley: A public right-of-way, primarily designed to serve as secondary access to the side or rear of properties whose principal frontage is on some other street. Block: A tract of land bounded by streets, or by a combination of streets, railway right-of-ways, or waterways. Building Setback Line: A line across a lot or parcel of land, establishing the minimum open space to be provided between the line of a building or structure, and the lot line of the lot or parcel. City: The Mayor and City Council of the United City of Yorkville, Illinois. Crosswalk: Crosswalk shall mean A strip of land 10' or more in width, dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas, and may include utilities, where necessary. Cul-de-Sac: Cul de sac shall mean A street having only one outlet, and an appropriate terminal for the reversal of traffic movement, without the need to back up. Dead-end Street: A street having only one outlet. Density, Gross: A numerical value obtained by dividing the total dwelling units in a development by the gross area of the tract of land upon which the dwelling units are located. 5 Yorkville Subdivision Control Ordinance Density,Net: A numerical value obtained by dividing the total dwelling units in a development by the total area of the development, less rights-of-way, parks, storm water management areas, and all other non-residential uses. Development: Any man-made change to real estate, including: a) Preparation of a plat of subdivision; b) Construction, reconstruction, or placement of a building or any addition to a building; c) Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days; d) Construction of roads, bridges, or similar projects; e) Redevelopment of a site; f) Filling, dredging, grading, clearing, excavating, paving, or other non- agricultural alterations of the ground surface; g) Storage of materials, or deposit of solid or liquid waste; h) Any other activity that might alter the magnitude, frequency, deviation, direction, or velocity of storm water flows, from a property. Easement: Easement shall mean A grant by a property owner for the use of a parcel of land by the general public, a corporation,or a certain person or persons for a specific purpose or purposes. Eyebrow Cul-de-Sac: A cul-de-sac whose center radius point is less than 80 feet from the centerline of the intersecting cross street. Floodplain: That land adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. The floodplain is also known and the Special Flood Hazard Area(SFHA). Frontage: The property on one side of a street, between two intersecting streets (crossing or terminating), measured along the line of the street; Or,with a dead-end street, all property abutting one side of such street, measured from the nearest intersecting street and the end of the dead-end street. Frontage Road: A public or private marginal access roadway, generally paralleling and contiguous to a street or highway, and designed to promote safety by eliminating unlimited ingress and egress to such street or highway by providing points of ingress and egress at more or less uniformly spaced intervals. Half-Street: A street bordering on or more property lines of a subdivision tract, to which the subdivider has allocated only a portion of the ultimate and intended street width. IDOT: Illinois Department of Transportation. Improvement Plans: The drawing of all required land improvements, prepared by an Illinois Registered Professional Engineer, and all accompanying information as required by the Ordinance. Improvements: All facilities constructed or erected by a subdivider within a subdivision, to permit and facilitate the use of lots or blocks for a principal residential, business, or manufacturing purpose. 6 Yorkville Subdivision Control Ordinance Land Improvement: All required onsite and offsite subdivision improvements, including but not limited to, any sanitary sewage system, water distribution system, storm drainage systems, public utility systems, sidewalk systems, public or private streets, street lighting, street signs, grading and drainage way facilities,pedestrian ways, and retention and detention basins. Lot: A portion of a subdivision or other parcel of land,intended for transfer of ownership, or for building developments. Lot Depth: The distance between the midpoint of the front lot line and the midpoint of the rear lot line. Lot, Double Frontage: A lot, two opposite lot lines of which abut upon streets which are more or less parallel. Lot Line: A boundary line of a lot. Lot Width: The distance on a horizontal plane between the side lot lines of a lot, measured at right angles to the line, establishing the lot depth at the established building setback line. Parcel: The word parcel shall refer broadly to a lot, tract, or any other piece of land. Parkway: A strip of land situated within the dedicated street right-of-1\ay, and (I) located between the roadway and right-of-way line or(2)a median located between the roadway s. Parking Lot: An area permanently reserved and/or used for the temporary storage of motor vehicles. Plan, Concept: A tentative map or drawing which indicates the subdivider's proposed layout of a subdivision, including a site plan indicating existing offsite roadway connections. Plan, Final: The final plat, plus all accompanying information required by this Ordinance. Plan, Preliminary: The preliminary plat, plus all accompanying information required by this Ordinance. Planned Unit Development: Parcel of land or contiguous parcels of land in single ownership or unified control, to be developed as a single entity, the character of which is compatible with adjacent parcels, and the intent of the zoning district in which it is located; the developer may be granted relief from specific land use regulations and design standards in return for assurances of an overall quality of development, including any specific features which will be of benefit to the City as a whole, and would not otherwise be required by the City Ordinances. Plat: A subdivision as it is represented as a formal document by drawing and writing. Plat, Final: The final map drawing or chart,on which the subdivider's layout of a subdivision is presented to the City Council for approval, and which, if approved, will be submitted to the County Recorder for recording. Plat,Preliminary: A tentative map or drawing, which indicates the subdivider's proposed layout of a subdivision, including all proposed improvements. 7 Yorkville Subdivision Control Ordinance Re-subdivision: The subdivision of a tract of land that has previously been lawfully subdivided, and a plat of such prior subdivision duly recorded. Right-of-Way: A strip of land occupied or intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term"right-of-way"for land platting purposes in the United City of Yorkville shall mean that every right-of-way hereafter established and shown on a final recorded plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for roads, crosswalks, water mains, sanitary sewers, the maker of the plat on which such right-of-way is established shall dedicate storm drains, or any other use involving maintenance by a public agency to public use. Roadway: The paved portion of the street available for vehicular traffic. Service Drive: A public street, generally paralleling and contiguous to a main traveled way, primarily designed to promote safety by eliminating promiscuous ingress and egress to the right-of- way, and providing safe and orderly points of access at fairly uniformly-spaced intervals. Sewage Disposal System, Individual: A sewage disposal system, or any other sewage treatment device approved by the Kendall County Department of Public Health, and servicing only one lot. Sewage Disposal System, Central: A system of sanitary sewers, serving ten or more lots that discharge either into an interceptor sewer or an approved sewage treatment plant. Sidewalk: That portion of street or crosswalk way, paved or otherwise surfaced, intended for pedestrian use only. Street: A public or private right-of-way which affords a primary means of access to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but excepting driveways to buildings. Street, Half: A street bordering one or more property lines of a tract of land in which the subdivider has allocated but part of the ultimate right-of-way width. Street, Marginal Access: A minor street which is parallel to and adjacent to a thoroughfare, and which provides access to abutting properties and protection from through traffic. Street, Estate Residential: A street of limited continuity, used for access to abutting rural residential properties and local needs of a neighborhood. This street carries less than I000ADT. Street, Local Residential: A street of limited continuity, used primarily for access to abutting rural residential properties and local needs of a neighborhood. This street carries less than 1000 ADT. Street, Major Collector: A street that serves as a main traffic thoroughfare, both within and outside of the City, carrying heavy volumes of traffic. This street carries more than 2-5-00 ADT. 8 Yorkville Subdivision Control Ordinance Street, Minor Collector: A street that collects and distributes traffic within intensively developed areas,and is used primarily for internal trips within the planning area. This street carries between 1000 and 2500 ADT. Street Width: The shortest distance between the backs of the curb or edge of pavement of a roadway. Subdivider: Any person or corporation or duly authorized agent who undertakes the subdivision or development of land as defined herein. Also referred to as Developer. Subdivision: A described tract of land which is to be, or has been, divided into two or more lots or parcels. The term subdivision includes re-subdivision and, where it is appropriate to the context, relates to the process of subdividing or to the land subdivided. For the purpose of this manual; however,the requirements contained herein shall not apply, and no plat is required, in any of the following instances: 1. The division or subdivision of land into parcels or tracts of five acres or more in size, which does not involve any new streets or easements of access; 2. The division of lots or blocks of less than one acre, in any recorded subdivision, which does not involve any new streets or easements of access; 3. The sale or exchange of parcels of land between owners of adjoining and contiguous land; 4. The conveyance of parcels of land or interests therein for use as right-of-way for railroads or other public utility facilities which does not involved any new streets or easements of access; 5. The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access; 6. The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use; 7. Conveyances made to correct descriptions in prior conveyances; 8. The sale or exchange of parcels or tracts of land existing on the date of adoption of this Resolution into no more than two parts, and not involving any new streets or easement of access. Turn-Around: An area at the closed end of a street or parking lot, within which vehicles may reverse their direction. Wetlands: As defined by the Illinois Department of Natural Resources. 9 Yorkville Subdivision Control Ordinance SECTION 5.00—PROCEDURE FOR SUBMISSION OF SUBDIVISION PLAT Instructions for subdivision plat processes leading to approval and plat recording: 5.01 CONCEPT PLAN 5.01.01 Application: Petitioners who wish to start the process with a concept plan should at this time submit his application(the original and 35 copies), along with 35 folded copies of his concept plan, a minimum of 15 days prior to the targeted Plan Commission meeting. As part of the application, the petitioner shall also provide the names and addresses of all land owners within 500 feet of the application property to the City's Deputy Clerk, for the purpose of sending certified notices of the required public hearing(s). 5.01.02 Review: Petitioner needs to schedule a meeting with the City Administrator, City Engineer, and Director of Public Works, to review access, availability of water, sewer, storm water, and other related technical issues, at least two weeks prior to the targeted Plan Commission. 5.01.03 Plan Commission: Petitioner must attend the scheduled Plan Commission meeting, which will involve an informal public comment session after the petitioner(or his duly authorized representative)presents his Concept Plan. 5.02 PRELIMINARY PLAN 5.02.01 The preliminary plan is a drawing complying with all provisions of this Ordinance, and when considered necessary by the Plan Commission or the Plan Council, should be accompanied by other engineering drawings concerning required improvements on which final review for adherence to design standards and improvement proposals is based, and from which detailed engineering drawings can proceed. When the petitioner does not wish to present a Concept Plan, he will start with his Preliminary Plan, and at this time submit his application. Petitioner will be invoiced for the required annexation,re-zoning, engineering, and other applicable fees, which must be paid in full prior to being placed on the Plan Commission Agenda. A deposit for legal and planning services will also be invoiced, and is due at this time. Payment should be made to the Deputy Clerk, and the United City of Yorkville Administrative Offices. As part of the application, the petitioner shall also provide the names and addresses of all land owners within 500 feet of the application property to the City's Deputy Clerk, for the purpose of sending certified notices of the required public hearing(s). 5.02.02 After a written report from the Plan Council, and after review of the Preliminary Plan and discussion with the subdivider on changes and additions that may be required for the plan, the Plan Commission shall make a recommendation in writing to the City Council. 5.02.03 After review of the Preliminary Plan and the recommendation of the Plan Commission, the City Council shall discuss with the subdivider the proposed Plan, and shall, within 45 days, act on the Preliminary Plan. The subdivider shall be notified in writing of any conditions of approval or reasons for disapproval. 10 Yorkville Subdivision Control Ordinance 5.02.04 Approval of the Preliminary Plan is tentative only, and shall be effective for a period of twelve months. If the final plat has not been recorded within this time limit, the Preliminary Plan must again be submitted for approval, unless upon application by the subdivider, the City Council grants an extension. An extension period shall not exceed two (2) 12-month periods. 5.02.05 Ordinances in effect on the date of Preliminary Plan approval shall govern the preparation of the Final Plan. Ordinances in effect on the date(s)of Final Plat approval(s)shall govern any fees paid or contributions made by the developer. 5.02.06 Fees for legal and planning services will be billed based on per-hour range of work being performed. These amounts are deducted from the deposit amount we invoiced earlier, and a statement of account(reflecting the current credit balance) is sent to the petitioner with the consulting bills enclosed. All fees must be current before proceeding to the next stage of the approval process. 5.03 FINAL PLAN 5.03.01 Approval of the Preliminary Plan all entitle the subdivider to approval of the Final Plan, provided that the Final Plan: 1. Conforms substantially to the approved Preliminary Plan; 2. Meets all conditions of said approval; and 3. Complies with all applicable, current ordinances. Disapproval of the Final Plan is warranted if: 1. There are more than minor deviations from the approved Preliminary Plan; 2. A new highway, pipeline, or other major improvement shall directly affect the proposed development site. 5.03.02 The proposed Final Plat must be accompanied by 12 sets of the proposed improvement plans for review by the plan Council. 5.03.03 After reviewing the final plat and applicable minutes from the Plan Council and any discussions on changes and additions that may be required, the Plan Commission shall recommend in writing to the City Council, within 45 days from receipt of the Plan Council minutes, wither approval or disapproval of the Final Plat and its reasons for such recommendation. The final plat then proceeds to The Economic Development Committee which consisting of four(4)City Council members for its further review and recommendation. Project then moves to the Committee of the Whole and then the City Council meeting for approval or disapproval. 11 Yorkville Subdivision Control Ordinance 5.03.04 The proposed Improvement Plans shall be prepared by a Registered Professional Engineer of Illinois, who shall be responsible for the design of all public and land improvements required by this subdivision Ordinance, as provided in the Illinois Professional Engineering Act. The submitted plans shall be sealed by said Professional Engineer, and shall be in conformance with the City's Standard Specifications for Improvements, and these City Specifications shall be the only specifications for the improvements. The Final Plat cannot be submitted to the plan Commission until the Improvement plans are approved and signed by the City Engineer and the City Administrator,and all fees are paid, and all required securities are filed. 5.03.05 The Final Plat shall be recorded with the County Recorder of Deeds, within thirty (30)days from the date of final approval, or final approval shall be considered null and void. This requirement shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or developer. 5.03.06 Final Engineering Plan: Submit 3 sets of the Final Engineering Plans to the Deputy Clerk at the City Administrative Offices for review and recommendation by the City Engineer. SECTION 6.00—REQUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS AND PLATS The following requirements are held to be the minimum amount of information necessary to convey to the representatives of United City of Yorkville a complete and accurate description of the kind and quality of subdivision proposed. Additional information may be submitted if it will further clarify the proposed subdivision. 6.01 PRE-APPLICATION CONFERENCE PLAN 6.01.01 Concept Plan: The Concept Plan may be done free-hand, but shall be done with reasonable accuracy and clarity. The scale of the drawing should be 1"= 100', unless clarity or size of drawing dictates otherwise. The following information shall be shown: 1. Name and address of the owner or subdivider; 2. North arrow and scale; 3. Approximate dimensions and area of parcel; 4. Topography—not greater than 10' contour intervals such as can be obtained from USGS maps; 5. Proposed layout of streets, lots, parks, and non-residential areas, including storm water control; 6. Number of dwelling units, gross and net density; 7. Minimum and average lot sizes; 8. Gross and net area; 9. For multiple-family, commercial and industrial areas: a. Location of buildings; b. Approximate dimensions and area of site; c. Off-street parking, delivery, and pick-up areas; d. Buffer zones. 12 Yorkville Subdivision Control Ordinance 6.01.02 Existing Conditions: Presence of any of the following shall be shown on the Sketch Plan or an additional sheet: 1. Streams, marshes, bodies of water, wooded areas, wetland, and other significant natural features; 2. Location and direction of all water courses, drainage ways, and areas subject to flooding; 3. Location of storm drains, inlets, and outfalls; 4. Existing buildings; 5. Existing utilities, and utilities proposed for extension; 6. Existing streets and streets proposed. 6.01.03 Location Map: A small-scale map or sketch of the general area, showing the relationship between the proposed subdivision and existing community facilities and rights-of-way, with the proposed subdivision indicated thereon. 6.02 PRELIMINARY PLAN The Preliminary Plan shall be drawn at a scale of 1"= 100', unless another scale is approved or required by the Plan Commission or the plan Council at the pre-application conference. 6.02.01 The following information shall be shown on all Preliminary Plans: 1. Notation stating"Preliminary Plan"; 2. The name and address of the owner, the subdivider, and the engineer, surveyor, and planner preparing the plan; 3. Date, scale, and north arrow; 4. Topography—not greater than 2' contour intervals. 5. The proposed subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County; 6. Location of the subdivision on a small-scale drawing of the general area in which the subdivision lies, with the location of the subdivision indicated thereon, including high- water elevations, if known; 7. The recorded length and bearing of the exterior boundaries of the subdivision; 8. Location and names of adjacent subdivisions and the owners of parcels of un- subdivided land within 200' of property; 9. Zoning on and contiguous to the subdivision; 10. Location, widths, and names of all existing and platted streets, alleys, or other known public ways and easements, railroad and utility rights-of-way, parks cemeteries, watercourses, permanent buildings, bridges, and other pertinent data, as determined by the Plan Commission on the lands proposed to be subdivided, and within one hundred, fifty(150) feet of the proposed subdivision; 11. The approximate areas of all parcels of land intended to be dedicate for reserved for public use, or to be reserved in the deeds for the common use of property owners in the subdivision; 12. If the subdivision borders a lake or stream, the distances and bearings of a meander-line established not less than twenty(20) feet back from the average high water mark of the lake or stream, as determined from flood hazard maps or other data, with said distance and source of data noted; 13 Yorkville Subdivision Control Ordinance 13. Approximate storm water runoff and detention/retention calculations shall be in accordance with the Standard Specifications for Improvements. Offsite tributary drainage areas and discharging routing shall be defined with supporting data as necessary for evaluation; 14. Layout and width of all new streets and rights-of-way, such as highways, easements for sewers and water mains, sidewalks, trees, drainage ways,and other public utilities; 15. Existing trees greater than 6" caliper; 16. Proposed plantings; 17. Legal Description; 18. Site date(See Figure No. 5 in Standard Specifications); 19. Routing to any proposed extensions of existing water and sewer mains, including all pipe sizes, pertinent elevations, and proposed elevations; 20. Internal utility layout, demonstrating sanitary sewer depths, water main looping, storm water routing to and from detention/retention, and locations of existing field tiles; 21. A written statement from the Kendall County Soil Conservation Service(USDA), expressing its opinion of the suitability of the land for the type of land use proposed; 22. A field tile survey, showing locations where exploration trenches were dug, and what was found. 6.02.02 The following information shall be shown for all single-family and two-family areas: 1. Approximate dimensions and minimum lot areas, in square feet; 2. Proposed building set-back lines; 3. Area of property proposed to be dedicated for public use, or to be reserved by deed covenant for use of all property owners in the subdivision with the conditions of such dedication or reservation. 6.02.03 The following information shall be shown for all multiple-family, commercial, industrial, and other non-residential area: 1. Number of units, gross and net densities; 2. Open spaces; 3. Proposed layout of structures; 4. Layout and quantities of all off-street parking and loading areas; 5. Proposed building set-back lines; 6. Area of property proposed to be dedicated for public use, or to be reserved by deed covenant for use of all property owners in the subdivision, with the conditions of such dedication or reservation; 7. Buffer areas; 8. Square feet of buildings for commercial and industrial projects. 14 Yorkville Subdivision Control Ordinance 6.03 FINAL PLAN The Final Plan shall be drawn in ink, at a scale of 1"= 100', or larger, on a non-fading, stable, Mylar material. The sheet size for plats or plans shall be not less than 18" x 24", nor larger than 24" x 36". When more than one sheet is used for any document, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the document, and shall show the relation of that sheet to the other sheets. Final plans shall include all required engineering and landscaping improvements. See Figure No. 6 in Standard Specifications. 6.03.01 The following information shall be shown on all Final Plats: 1. Legal Description. Legal descriptions shall commence at the intersections of Section lines and/or Quarter Section lines when reasonably practical to do so. 2. All monuments erected, corners, and other points established in the field in their proper places. The material of which monuments, corners, or other points are made shall be noted as the representation thereof, or by legend, except lot corners need not be shown. 3. The exact length and bearing of all exterior boundary lines, public grounds, meander- lines, and easements, unless they parallel a noted boundary. 4. The exact width of all easements, streets, and alleys. 5. The dimensions of all lot lines, to the nearest on hundredth (1/100) of a foot. 6. Building set-back lines on all lots. 7. All lots consecutively numbered within consecutively lettered blocks. 8. The number of degrees, minutes, and seconds of all lot angles or bearings of same, other than 90*, except that when the line in any tier of lots is parallel, it shall be sufficient to mark only the outer lots. When any angle is between a curve and its tangent, the angle shown shall be that between the tangent and the main chord of the curve. When between curves of different radii, the angle between the main chords shall be shown. 9. When a street is on a circular curve, the main chord of the center line shall be drawn as a dotted line in its proper place; and, either on it, or preferably in adjoining table, shall be noted its bearing and length, the radius of the circle of which the curve is a part, and the central angle extended. The lot lines on the street sides may be shown in the same manner, or by bearings and distances. When a circular curve of thirty (30)foot radius or less is used to round off the intersection between two (2) straight lines, it shall be tangent to both straight lines; it shall be sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to a point of intersection of the straight lines. 10. The name of each road or street in the plat shall be printed thereon, which name shall not duplicate the name of any other street, unless it is an extension thereof. 15 Yorkville Subdivision Control Ordinance 11. Abutting state highway lines and streets of adjoining plats shown in their proper location by dotted lines. The width and names of these streets and highways and plats shall also be given. 12. All lands dedicated to public use, including roads, and streets shall be clearly marked. 13. All water-courses, drainage ditches, and other existing features pertinent to the subdivision. 14. Where provisions are made for access from any subdivision to any lake or stream, the plat shall show the area over which the access is provided to the lake or stream, together with a small scale drawing, clearly indicating the location of the subdivision in relation to the lake or stream, and the location of the area over which access is provided. 15. Monuments. The description and location of all survey monuments placed in the subdivision shall be shown upon Final Plat. Permanent monuments shall be of concrete, reinforced with one(1)number four(4)vertical rod, and not less than four(4)inches square on top, tapered to six(6) inches square at the bottom, and thirty-six(36) inches long, set flush with the adjacent ground. Each permanent monument shall have a suitable mark in the center of the top. Permanent monuments shall be erected at all corners or changes in bearing of the exterior boundary. Metal monuments not less than %2 inch in diameter, and 24 inches in length shall be placed in the ground at all lot corners, intersections of streets, intersections of streets and alleys with plat boundary lines, and at all points on street, alley, and boundary lines where there is a change in direction or curvature. All monuments and stakes shall be set in the ground before the streets and alleys are accepted for public maintenance. 16. A Surveyor holding a current, valid registration in Illinois shall perform the survey, and if the error in the latitude and departure closure of the survey is greater than the ratio of one in five thousand(1/5000), the plat may be rejected. 17. Certificate of Approval to be shown on Final Plat as applicable: 1. Surveyor 2. Owner 3. Notary 4. City Administrator 5. Township Highway Commissioner, if applicable 6. County Supervisor of Highways, if applicable 7. Illinois Department of Transportation, if applicable 8. City Clerk 9. City Plan Commission, Chairman 10. Mayor 11. County Clerk 12. County Recorder 13. City Engineer 14. School District Certificate 15. Drainage Overlay Certificate 16 Yorkville Subdivision Control Ordinance SECTION 7.00—DESIGN STANDARDS 7.01 GENERAL In laying out a subdivision, the developer shall: 1. Take into account, and comply with, officially adopted plans; 2. Conform to existing street patterns where such streets are contiguous to the proposed subdivision or may reasonably be projected through the subdivision; 3. Design the arrangement of uses in relation to topography and drainage conditions; 4. Consider all natural features, such as streams, lakes, ponds, tree cover, etc., and incorporate these features into the development; 5. Consider street names. Streets that are extensions of, or obviously in alignment with, existing streets shall bear the name of the existing streets; however, no other streets shall bear names which duplicate or nearly duplicate so as to be confused with the names of existing streets; 6. Take into account future development, including street and utility extensions; 7. Consider the implementation of traffic calming measures, which the City may require on a case by case basis. 7.02 PUBLIC SITES AND OPEN SPACES Where a proposed park, playground, school, or other public use shown on any official adopted City, Township, County, or State plan or map is located in whole or in part in a subdivision, appropriate public agencies and governing bodies shall be given an opportunity to begin, within one year from the date of recording of the Final Plat, procedures to acquire said acreage. 7.03 The United City of Yorkville Standard Specifications for Improvements shall be incorporated herein, and shall apply to any and all development, not only subdivisions. 7.04 HALF-STREETS Half-streets shall be prohibited, except where essential to the reasonable development of the subdivision, and in conformity with the other requirements of these regulations, and where the Plan Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. A right-of-way width of not less than forty (40)feet, and a pavement width of not less than twenty-two and one-half(22 ''/2)feet, shall be required for the half-street. Where a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted and constructed within such tract. In cases where half-streets are accepted, the owner and subdivider shall be required to grade and improve the half-street, the same ad all other subdivision streets. 17 Yorkville Subdivision Control Ordinance 7.05 ALLEYS 7.05.01 Alleys shall be provided in all commercial and industrial districts, except that the City may waive this requirement where another definite and assured provision is made for service access, such as off-street loading and parking consistent with, and adequate for, the uses proposed. 7.05.02 Alleys shall not be approved in residential areas, unless necessary because of topography or other exceptional circumstances. 7.05.03 The width of alleys shall be not less than twenty-four(24)feet. 7.05.04 Dead-end alleys shall be prohibited. 7.06 STREET JOGS Street intersection jogs with center line offsets of less than one hundred, fifty(150)feet shall be prohibited. 7.07 STREET INTERSECTIONS Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection at an angle of less than eighty (80)degrees shall not be acceptable. 7.08 BLOCKS 7.08.01 The length, width, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block length in residential areas shall not exceed on thousand, three hundred, and twenty (1320)feet, nor have less than sufficient width to provide two tiers of lots of appropriate depth between street lines, except that one tier of lots may back onto a limited access highway, railroad right-of-way, or major street, provided suitable screen-planting contained in a no-access reservation strip along the rear property line is provided. 7.08.02 Paved an fenced pedestrian crosswalks, not less than ten(10)feet wide, may be required by the Plan Commission through the center of blocks more than nine hundred (900) feet long, where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, and other community facilities. Paving shall be three(3) inches of bituminous concrete surface course on ten(10)inches of compacted CA-6 base. Fencing shall be four(4) feet high, continuous chain-link fence on both sides of the walkway on an easement. 7.09 LOTS 7.09.01 All lots shall meet the minimum depth, width, and area requirements of the Zoning Ordinance. 7.09.02 The size, shape, and orientation of lots shall be appropriate for the location of the subdivision, and for the type of development and use contemplated. 18 Yorkville Subdivision Control Ordinance 7.09.03 Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street service and parking facilities. 7.09.04 The fronting of residential lots onto State and County highways is prohibited. Also prohibited is the fronting of residential lots onto any proposed major thoroughfare or major collectors, as designated by the Comprehensive Plan. Subdivision entrances for residential uses, and/or major entrances for commercial, industrial, and institutional uses shall be located not less than thirteen hundred(1300) feet apart, center-line to center-line, unless topography or existing street locations dictate otherwise. 7.09.05 Excessive depth in relation to width shall be avoided. 7.09.06 Every lot shall front or abut on a public street. 7.09.07 Side lot lines shall be substantially at right angles or radial to street lines. 7.09.08 Double frontage and reversed frontage lots shall be avoided, except where necessary to overcome specific disadvantages of topography and orientation, and where a limited access highway, railroad right-of-way, major street, or similar situation exists; in which case, double-frontage lots shall be provided with suitable screen-planting contained in a no- access reservation strip along the rear property line and the right-of-way. When deemed necessary by the Plan Commission, double-frontage lots shall have additional depth to further protect the proposed use from rear lot line traffic. 7.09.09 Subdivisions must include all of the parcel being divided, and may have no exceptions or exclusions; and shall not contain"leftover" pieces, corner, or remnants of land. 7.09.10 Lot widths shall be measured at the building setback line, and may be reduced ten(10) percent at the end of a cul-de-sac, providing the lot area meets the requirements of the Zoning Ordinance. 7.09.11 Corner lots shall have a buildable area equal to or greater than the smallest interior lot on the same block. 7.10 EASEMENTS 7.10.01 Easements shall be provided at the rear of all lots. Such utility easement shall be at least ten(10)feet wide on each lot, and normally centered upon the rear or side lot lines. Easements will be required for all storm water control facilities and for overflow routes. The City may require wider easements and easements at other locations to accommodate proposed utilities and to provide space for future utilities. Easements shall be provided at the side of all lots, and shall be at least five(5)feet wide on each lot, immediately adjacent to the property line. Easements shall be provided along both sides of all right-of-ways, immediately adjacent and parallel to, said right-of-way. This easement shall be for utilities. Evidence shall be furnished to the Plan Commission that easements, and any easement provisions to be incorporated on the plat or in the deeds, have been reviewed by the individual utility companies, or the organization responsible for furnishing the service involved. 19 Yorkville Subdivision Control Ordinance 7.10.02 Where a watercourse, drainage channel er-stream, or other body of water traverses a subdivision, appropriate dedications or easement provisions, with adequate width or construction to accommodate observed, computed, or anticipated storm water drainage through and from the subdivision, shall be made. The width of the easement shall be dependent on the area of land drained by the water-course, and wide enough to allow access for construction and maintenance equipment. 7.10.03 A screen-planting easement may be required in accordance with the Landscape Ordinance. If such easement is to also be used for public utilities, only such plant materials that have an ultimate growth not exceeding fifteen(15')feet shall be used. SECTION 8.00—REQUIRED IMPROVEMENTS 8.01 IMPROVEMENTS REQUIREMENTS PRIOR TO FILING FINAL PLAT Upon approval of both the Final Plan and the plans and specifications for the required subdivision improvements by the Plan Commission, Director of Public Works, and the City Engineer, and upon approval of the appropriate agencies as evidenced by State and County permits, where required, the subdivider shall construct and install the required subdivision improvements prior to filing the Final Plat with the Plan Commission for final approval. If construction does not begin within four(4)years of Final Plan approval, the subdivider may be required to revise the plan to comply with new City requirements. 8.02 SUBDIVISION SECURITIES In lieu of construction on 8.01 above, the subdivider shall post with the City of Yorkville, a construction guarantee in the form of an Irrevocable Letter of Credit or irrevocable bond, payable to the City of Yorkville, sufficient to cover the full cost, plus ten(10) percent, of the required improvements, as estimated by the engineer employed by the subdivider and approved by the City Engineer, to assure the satisfactory installation of required improvements as outlined in this Section, and contained in the approved plans and specifications. The Bond or Letter of Credit posted shall be issued by a Surety or Bank recognized by the State of Illinois, and approved by the City Attorney, and shall carry a rating sufficient to cover the cost of construction. The subdivider shall us e the standard Bond Form or Letter of Credit Form used by the City . Construction guarantee shall not be reduced to below twenty five(25) percent of the approved engineers estimate prior to acceptance of the public improvements by the City. The construction guarantee shall not expire for at least one year. Subsequent renewals of the construction guarantee shall also be for a period of at least one year. 8.03 CONSTRUCTION WARRANTY The subdivision irrevocable bond or Letter of Credit shall be released after an appropriate City Council Resolution accepting the improvements for public ownership. This subdivision Letter of Credit will not be released until a one-year Maintenance Bond or Letter of Credit is posted with the City Clerk for ten(10) percent of the Land Improvement cost, to insure that any and all improvements will properly function as designed. with no defects after the City Council formal acceptance. 20 Yorkville Subdivision Control Ordinance 8.04 PROCEDURE 8.04.01 Not more than ten(10) months after Preliminary Plan approval, four(4)copies of the proposed final plans and specifications, engineer's estimates prepared and sealed by a professional engineer currently registered with the State of Illinois, and Subdivision Bond or Letter of Credit, shall be filed with the City Engineer, and shall provide all necessary information for the following, as applicable: 1. Streets; 2. Curbs and gutter; 3. Storm drainage, including storm sewers and storm water detention, building storm drains (footings, roof, etc); 4. Comprehensive drainage plan, including grades of surface drainage ways; 5. Sanitary sewerage system; 6. Water supply and distribution; 7. Public utility locations; 8. Street lights; 9. Sidewalks 10. Street signs, guard rails, and other special requirements; 11. Parkway trees; and 12. Payment in full of all City fees. 8.04.02 CONSTRUCTION AND INSPECTION 1. Prior to starting any work covered by the approved plans and specifications for the above improvements, written authority to start the work shall be obtained from the Director of Public Works. Authorization to begin work will be given upon receipt of all necessary permits, including all culvert permits required when proposed new or changed subdivision roads intersect any presently-existing road, and work must proceed in accordance with construction methods of Section 8.05 through Section 8.11, and the City's Standard Specifications for Improvements. 2. Construction of all improvements required by this Ordinance must be completed within two years from the date of approval of the Final Plat, unless good cause can be shown for granting an extension of time. 3. The subdivider shall pay all expenses incurred by the City to provide field inspections and testing of all construction work and materials before, during, and after construction. 21 Yorkville Subdivision Control Ordinance 8.04.03 AS-BUILT PLANS After completion of all public improvements, and prior to final acceptance of said improvements, the subdivider shall make, or cause to be made, a map showing the actual location of all valves, manholes, stubs, sewer and water mains, and such other facilities as the Director of Public Works shall require. This map shall bear the signature and seal of an Illinois Registered Professional Engineer. The presentation of this map shall be a condition of final acceptance of the improvements, and release of the subdivision Bond or Letter or Credit, assuring their completion. The"as-built"plans shall be submitted on reproducible Mylar,and also on computer diskette in a format acceptable to the City. 8.04.04 SURVEY MONUMENTS All permanent and other monuments required in this Ordinance shall be placed prior to the approval of the Final Plat. 8.04.05 ACCEPTANCE OF DEDICATION, IMPROVEMENTS 1. Final acceptance of the dedication of open space or other public areas shall mean the responsibility for the maintenance of the same. Approval of the Final Plat does not constitute final acceptance. 2. Approval of the Final Plat shall be dependent of presentation of proof of responsibility for the maintenance of all community improvements. 3. All public improvements shall be accepted only by Resolution of the City Council, after a formal Petition for approval has been submitted by the subdivider to the City Clerk. Such Petition shall be filed after completion of the public improvements. The City Engineer and the Director of Public Works shall, within thirty (30) days from receipt of such Petition, make recommendations is report form to the City Council. All Petitions shall be acted upon by the City Council within thirty (30)days from receipt of such recommendations of the City Engineer and Director of Public Works. A Maintenance bond will then be required in the amount of ten(10)percent of the cost of the Land Improvements, as specified in this Ordinance, after City Council acceptance. 8.05 STREETS Street improvements shall be installed by the developer and shall be in accordance with the table of minimum standards herein and in accordance with the City's Standard Specifications for Improvements. Right-of-ways at intersections shall have a twenty-five (25)foot radius where right-of-way lines intersect. 8.06 SIDEWALKS Concrete sidewalks shall be installed by the developer within all subdivisions, on both sides of the street or roadway, to a minimum width of five(5)feet, as specified in the City's Standard Specifications for Improvements. 22 Yorkville Subdivision Control Ordinance 8.07 STREET LIGHTING A complete, functioning street light system shall be installed by the developer, at his expense, in all subdivisions as specified in the City's Standard Specifications for Improvements. 8.08 SIGNAGE, GUARD RIALS, AND LANDSCAPING 8.08.01 Street signs of the quantity and type approved by the Director of Public Works shall be installed at each intersection, and shall indicate the street names as shown on the Final Plat. The City shall order and install the street name signs. The subdivider shall reimburse the City for said cost. The subdivider shall also supply and install regulatory and warning signs, as directed by the Yorkville Police Department. 8.08.02 Steel plate beam guard rails shall be placed along the shoulder of any street, where street construction has resulted in an embankment greater than six (6) feet in height. 8.08.03 All areas of street right-of-way that are not paved, shall be seeded or sodded. Provisions shall be made to assure the growth of all landscaping. 8.08.04 All improvements herein shall be as specified in the City's Standard Specifications for Improvements. 8.09.01 Surface water drainage improvements consisting of storm sewers and/or open channels. inlets, catch basins and manholes and/or detention facilities, shall be designed and constructed to adequately drain the area being developed, and also all of such other areas that naturally drain through the area being developed. 8.09.02 If the surface water drainage will be changed by the construction of the subdivision, adequate provision shall be made for collection and diversion of such surface waters into public areas, or drains which the subdivider has a right to use, and such surface waters shall not be deposited on the property of adjoining land owners, in such a manner as to cause erosion or other damage. 8.09.03 Designed planning of surface water drainage facilities shall be performed by, or under the supervision of, a Professional Engineer, registered in the State of Illinois. The storm water drainage system shall be as specified in the City's Standard Specifications for Improvements. 8.09.04 It will be the homeowner's responsibility to maintain any drainage course across his property, and to keep it free from features that restrict natural drainage. 23 Yorkville Subdivision Control Ordinance 8.10 SANITARY SEWER SYSTEM All subdivisions and units therein shall be required to provide connection to the sanitary sewer system, including required sewer extensions off-site, to the sizes and depths as required by the City. The sanitary sewers shall be extended to the far boundaries of the development, as directed by the City. All costs of these improvements will be borne by the developer. The sanitary sewer system shall be as specified in the City's Standard Specifications for Improvements. 8.11 WATER SYSTEM All subdivisions and units therein shall be required to provide connection to the United City of Yorkville's public water supply system, including required water main extensions off- site, to the sizes required by the City, and all costs shall be borne by the developer. All developments must provide a looped, double-fed water system, and extensions to the boundaries of the development, as directed by the City, shall also be included in the water system, to be funded by the developer. The water system shall be as specified in the City's Standard Specifications for Improvements. 8.12 OVERSIZING OF UTILITIES When, in any subdivision, now within the City, or within one and one-half(1 V2) miles of the City limits, which normally would require a certain size water main, sanitary sewer, and/or storm sewer, but which for the purpose of complying with the plan of development of the City's Comprehensive Plan, to provide adequate utilities, not only to the particular subdivision, but also to subdivisions which in the future may become a part of the City, and where the City Engineer and the Director of Public Works have determined that water and/or sewer mains of a larger diameter are required,then the City Engineer or the Director of Public Works shall inform the subdivider, builders, and developers of the subdivision by a written notice of that fact, and require them to install such oversized utilities and at the same time, in said notice, inform them of the size(s)to be installed. Upon being so notified as provided for in this section, no subdivider, builder, or developer shall install any utility in such subdivision of any size other than that specified to him by the aforesaid notice. 24 Yorkville Subdivision Control Ordinance At such time as the installation of said oversized utilities shall have been completed in accordance with the plans and specifications submitted to the City of such installation, and also in accordance with the notice specified in this Section, and all such installations shall have been inspected and approved by the City as provided for by the Ordinances of the City of Yorkville, then the City may enter into an agreement to allow the developer to recover the difference of the cost at current prices, as of the time of said installation. between the development's required utilities which was originally planned to be used, and the cost of the oversized utilities which the City directed to be used. Said agreement may be in the form of a recapture agreement, cash payment(s), rebates of fees to the developer, or some other consideration as may be approved by the City Council. SECTION 9.00—ADMINISTRATION 9.01 BUILDING PERMIT No building permit shall be issued for the construction of any building, structure, or improvement to the land, or any lot within a subdivision as defined herein, which has been approved for platting or re-platting, until all requirements of this Ordinance have been fully complied with. In no case will a building permit be issued until all fees have been paid, a grading plan approved, an"all-weather" road in place to serve this property, along with functioning drainage facilities, water system, and sanitary sewer system. Exceptions may be made for model home units. 9.02 CERTIFICATE OF OCCUPANCY No certificate of occupancy shall be issued for the use of any structure within a subdivision approved for platting or re-platting until all required utilities have been installed and are capable of servicing the subdivision, and roadways that-provide access to individual lots shall have at least the bituminous binder laid . AH street lights in that phase of the subdivision must be fully functional, and he final grading plan must be submitted and approved prior to a Certificate of Occupancy. 9.03 VARIATIONS Where the Planning Commission finds that extraordinary hardships or particular difficulties may result from the strict compliance with the Ordinance, the Zoning Board of Appeals is hereby empowered to consider such matters after receiving written application from the subdivider. If applicable, the Zoning Board of Appeals may recommend, in writing, to the City Council, variations or exceptions to the regulations, subject to specified conditions, so that substantial justice may be done and the public interest secured, provided that such variations or exceptions shall not have the effect of nullifying the intent and purpose of this Ordinance or the Comprehensive Plan. The standards and requirements of the Ordinance may be modified in the case of large- scale developments when the Plan Commission finds that a plan and program for a new village, complete community, shopping center, industrial park, or neighborhood unit provides adequate public open spaces and improvements for circulation, recreation, and service needs of the tract when fully developed, and which also provides such covenants or other legal provisions to assure conformity and achievement of the plan. 25 Yorkville Subdivision Control Ordinance The Zoning Board of Appeals shall not recommend variations or exceptions to the regulations of this Ordinance unless it shall make findings based upon the evidence presented in each specific case, that: 1. Because of the particular physical surroundings, shape, or topography conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out; 2. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally to other property, and have not been created by any person having an interest in the property; 3. The purpose of the variation is not based primarily upon a desire to make more money out of the property; and 4. The granting of the variation will not be detrimental to the public safety, health, welfare, or injurious to other property or improvements in the neighborhood in which the property is located. SECTION 10.00—AMENDMENT Amendments may be proposed by the Mayor and City Council, the Plan Commission, the Zoning Board of Appeals, or any resident of the City of Yorkville, or any person residing within 11/2 miles of the corporate limits of the City. 10.02 PROCESSING APPLICATION FOR AMENDMENT 10.02.01 An application for an amendment shall be filed with the City Clerk. The application shall be accompanied by such plans or data, and such other information, as specified by the Plan Commission, and shall include a statement, in writing, by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. Copies of such application shall be forwarded by the City Council to the Plan Commission with the request to hold a public hearing. 10.02.02 Publication: The City Clerk shall cause a notice of time, place, and purpose of such hearing to be published in a newspaper published within the City of Yorkville, not more than thirty (30)days nor less than fifteen (15) days in advance of such hearing. 10.02.03 Hearing on Application: Upon receipt in proper form of the application and statement referred to above, the Plan Commission shall hold at least one public hearing on the proposed amendment. However, the Plan Commission may continue from time to time the hearing without further notice being published. 10.02.04 Findings of Fact and Recommendation of the Plan Commission: Within forty-five(45) days after the close of the hearing on a proposed amendment, the Plan Commission shall make written findings of fact, and shall submit same, together with its recommendations to the Mayor and City Council. 26 Yorkville Subdivision Control Ordinance 10.03 DECISIONS 10.03.01 The Mayor and City Council, upon receiving the recommendation of the Plan Commission, may grant or deny any proposed amendment in accordance with applicable Illinois Statutes, or may refer to the Plan Commission for further consideration. 10.03.02 If a recommendation submitted by the plan Commission to the City Council for a proposed amendment is not acted upon by the City Council within forty-five(45) days of the date upon which such application is received by the Mayor and City Council, it shall be deemed to have been approved. SECTION 11.00—FEE SCHEDULE 11.01 FINAL PLAT . .11 . - : , act, or housing unit shown on the Final Plat. The 11.02 AMENDMENT . .. _ The subdivider shall comply with any School and/or Park Land-Cash Ordinance in effect at the time of Final Plat approval. SECTION 12.00—VIOLATION, PENALTY, ENFORCEMENT Any person, firm, or corporation who violates, disobeys, omits, neglects, refuses to comply with, or who resists enforcement of any of the provisions of this Ordinance shall be fined not less than fifty dollars ($50.00), nor more than two hundred dollars ($200.00)for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. The City Engineer is hereby designated and authorized to enforce this Ordinance. However, it shall also be the duty of all officers, citizens, and employees of the City, particularly of all members of the Engineering, Police, and Public Works Departments, to assist the City Engineer in reporting to him any new construction, reconstruction, improved land uses, or upon any apparent violation. 27 Yorkville Subdivision Control Ordinance SECTION 13.00— • - This Ordinance shall be in full force and effect form and after its due passage, approval, and publication, as provided by law. Passed and approved by the City Council this day of , 20- . Mayor SEAL ATTEST: City Clerk 28 RESOLUTION FOR THE UNITED CITY OF YORKVILLE STANDARD SPECIFICATIONS FOR IMPROVEMENTS (With Strike-outs,2-11-04) Resolution No. These Standards apply to all infrastructure improvements,and may be modified as needed upon the advice of the City Engineer for special identified situations or conditions. All contractors shall give the City Engineer's office a minimum 48-hour notice of all work and of all required approvals. Failure to obtain these required approvals will require extensive testing,removal and replacement,and a ban for a minimum of one year,from working on the City's right-of-way. Subdividers that have been unfaithful in previous City agreements or developments,or who owe the City payments,will not be allowed to have work performed for them within the public right-of-way. Resident engineering inspection shall be provided through the City Engineer's office, and all such costs shall be charged to the developer by the United City of Yorkville. Required written approvals will not be given until outstanding bills are paid in full. The developer's improvement Letter of Credit or other subdivision securities will also be liable for all such costs. The developer shall be responsible for layout and staking engineering,as well as for record drawings by a registered Professional Engineer. These Specifications for Improvements shall become a part of each and every project approved by the United City of Yorkville,and no other specifications will take precedence. All improvements included in the United City ofYorkville's Standard Specifications for Improvements, unless noted herein, shall conform to the latest editions of the State of Illinois"Standard Specifications for Road and bridge Construction",the"Manual on Uniform Traffic Control Devices", and all amendments thereto. These documents shall be considered as included within the City of Yorkville Standard Specifications for Improvements,and in the case of a conflict of requirements,the most stringent shall apply. Prior to starting construction of any project,the developer shall attend a pre-construction meeting and bring a representative from each contractor,a list of all contact persons that can be reached at any time, and a complete schedule of all work to be performed. No work is to start until the engineering plans have been approved by the City Engineer and the City Administrator,and the pre-construction meeting has been held. Any changes to the approved plans must be approved in writing by the City Engineer. The City Engineer or a representative will, upon discovery of improper material or installation practices,issue a written document to the contractor, stating that failure to stop and correct such deficiencies will result in the City's refusal to accept such improvements or to issue any further building permits,or to perform required inspections. The subdivider shall obtain and keep in force insurance coverage for Worker's Compensation,and Employer's Liability, Commercial General Liability, Commercial Automobile Liability, and Umbrella Liability, as described in IDOT's"Standard Specifications for Road and Bridge Construction". The United City of Yorkville shall be named as an additional insured. The insurance coverage shall remain in effect until the entire development is accepted by the City. Blasting will not be allowed. Standard Specifications for Improvements ROADS All roadways shall conform to the Illinois Department of Transportation(hereinafter termed IDOT)"Standard Specifications for Road and Bridge Construction", unless modified herein. Horizontal and vertical geometric for right-of-ways and roadways shall conform to the City Standards, listed in Figure 2. Surface course must not be placed until at least seventy (70)percent of the adjacent, private improvements are in place. However, in no case shall the surface course be placed until the binder course has been in place for at least one full winter season. In no case shall the surface course be delayed more than three(3)years after the binder course has been installed. The subgrade shall be graded and compacted to a hard, uniform surface, matching the slopes of the surface course. It shall have no rutting and shall completely drain to the outer edges. It shall be proof rolled by the contractor with a fully loaded(gravel) 10-cubic yard dump truck and witnessed by and approved in writing by the City Engineer's representative(hereafter termed City Engineer)before proceeding to build the roadway. All unsuitable subgrade shall be removed and replaced with compacted, stable clay material or shall be replaced with compacted CA6 limestone on an approved, non-woven roadway fabric (6.5 oz. minimum). Other geo-grids may be required for certain conditions. All bituminous mixtures shall be delivered and handled so that the bituminous mixture immediately behind the paver screen is at or above 270 degrees F. All asphalt delivered to the project shall be covered when the temperature is at or below 70 degrees F. All subgrades, other than approved granular subgrades, shall be completely covered with a subgrade fabric Amoco 4551 or approved equal , with a full 18 inches of overlap. It shall be placed neat and tight. without wrinkles. tears, or defects. Construction equipment shall not be allowed to drive on the fabric until it has a minimum of four inches cover of granular base material. The City Engineer shall approve in writing the subgrade fabric installation prior to placing base material. The subgrade fabric shall extend a minimum of twelve inches beyond the back of each curb. In areas where undercutting of the subgrade is required, the bottom of the excavation shall be lined with a woven geotextile(Amoco 2002 or approved equal), and backfilled with CA-3 aggregate. The aggregate base course shall be compacted to a minimum of 95% Modified Proctor and shall be free of all dirt and debris. The course shall be proof rolled, as described above, and witnessed by and approved in writing by the City Engineer before proceeding to build the roadway. The bituminous concrete binder course shall be placed only upon the written approval of the City Engineer. All asphalt must be laid utilizing a good-quality, properly-functioning, tracked or wheeled asphalt lad ing machine. utilizing fully-automatic. electronic sensing control from a stringline for the initial course_ and from a minimum fifteen(15')feed ski for all other lifts. The bituminous binder course shall be proof rolled as described above, and witnessed by, and approved in writing. by the City Engineer before proceeding with the surface course. All repairs must be made as directed by the City Engineer. 2 Standard Specifications for Improvements Also, the binder course shall be bump tested by the contractor, and witnessed by the City Engineer, and all areas exceeding one-half inch(1/2")bumps, including header joints and any patch joints, shall receive a leveling course prior to surfacing. Areas of excessive patching will automatically receive a level course prior to surfacing. Prior to any leveling course or surface course, the streets shall be flushed clean and free of all dirt and debris. A prime coat will be required. Minimum temperature requirements for laying asphalt will be 5 degrees F higher than that allowed by IDOT specifications. The bituminous concrete surface course Class I shall be placed only upon the written approval of the City Engineer. All asphalt must be laid utilizing good-quality, properly functioning, tracked or wheeled asphalt laying machine, utilizing fully automatic, electronic sensing control from a minimum 15-foot ski. The surface course shall be bump tested by the contractor,and witnessed by the City Engineer. All bump test penalties specified by IDOT specifications shall be quadrupled, and areas that have an excessive amount of one-half inch(1/2")bumps shall be completely removed and replaced, not just the bump itself. Minimum temperature requirements for laying bituminous surface course will be five(5)degrees F higher than that allowed by IDOT specifications. The surface elevation of the asphalt at the concrete gutter shall be '/ inch higher than that of the adjacent concrete. All streets shall have a cross slope of 2% from the centerline to the concrete curb. Combination concrete curb and gutter«gill be required on all road\\ s. All curb and gutter shall be placed on a base of CA 7 aggregate to a minimum thickness of four inches. but in no case shall the curb and gutter subgrade be higher than one inch below the adjacent roadway subgrade. The height of the gutter flag shall be ten(10) inches, unless directed otherwise by the City Engineer. As noted previously,the roadway subgrade fabric will extend over the curb and gutter subgrade, and beyond by a minimum of twelve(12) inches. The concrete curb and gutter shall be reinforced with two#4 deformed bars, placed three(3) inches from the bottom, spaced twelve(12) inches apart, centered on the total width of the curb and gutter. Machine-placed concrete curb and gutter is to be utilized wherever practical, utilizing a minimum Class X concrete, and a five(5) percent minimum air-entrainment. Plastizers will be allowed, but chlorides will not. An approved spray-on curing compound with red fugitive coloring shall be applied immediately after finishing, and a sealer, WR Meadows TIAC, or approved equal, shall be applied after seven days. The resident engineer shall be notified of these applications, and proof of purchase, with material specifications, will be required. The concrete curb and gutter shall have the required slip bar expansion joints, and% inch deep sawed contraction joints will be required every 15-20 feet, within 24 hours after each pour. Minor honeycombing on the two outer, vertical surfaces will be allowed, but they must be patched in an approved manner, and witnessed by the City Engineer, prior to backfilling. The clay backfill behind the curb shall be placed and compacted prior to placing aggregate base course. 3 Standard Specifications for Improvements Roadway extensions and stubs will be required as part of the development, with full improvements where needed, for future growth. Additional lanes, access improvements, traffic signalization, etc., may be required, at the developer's expense. The developer shall reimburse the City for two of each street name and regulatory signs and posts required, and the City will install same. All signs shall be high-intensity, as approved by the Director of Public Works. All pavement markings shall be thermoplastic. The developer shall reimburse the City for the cost of replacing any signs that are missing, stolen, or damaged prior to final acceptance. Existing roadways running through, or adjacent to, the development, shall be improved by the developer to comply with these Standard Specifications for Improvements. Half-streets are discouraged, but where they are necessary, on advice of the City Engineer, the minimum width street will be twenty-four(24)feet from the edge of pavement to the back of curb, on the development side of the roadway. Street lighting, sidewalk, and landscaping on the development side will be required. Temporary tee turn-arounds will be required on all streets stubbed for future roadway extension, as recommended by the City Engineer, and shown on the Final Plat. Paving for the tee will extend from right-of-way line to right-of-way line, to a length of fifteen(15)feel, and two radii of fifteen(15)feet. The pavement beyond the road edge shall be three(3) inches of bituminous concrete surface course, on a ten(10) inch CA6 aggregate- compacted base, with pavement fabric. Concrete curb and gutter will not be required around the tee, and sidewalk will not required through the tee. The developer extending the street in the future shall remove the excess paving and base, place topsoil, and seed the area disturbed, construct the additional curbing so that the curb and gutter is continuous and uninterrupted from one development to another, and resurface for a distance of thirty (30) feet, including header joints, as approved by the City Engineer. 4 Standard Specifications for Improvements 5 Standard Specifications for Improvements All new roadways shall be designed in accordance with IDOT Circular 95 11, or the most recently adopted IDOT standard for the design of flexible and full depth bituminous pavements. mixture. The bituminous concrete binder shall be a minimum of 2.5 inches in thickness. .. _ .. .. . . . . .. . . .. -- •- - . m Inimumhir f Y o thirty feet to the back of u the curb. (30) 6 Standard Specifications for Improvements feet, from back of curb to back of curb. The street radius for all intersecting streets shall be a . $ . I _ _ I ' . . 5 . . . • _ . $ • 5 • _ . • - . ' ..• . - - •.. . SI • traffic .. • .• .. . . • .. .. _. . • - - • .- • • Design period—20 years Class II Road Traffic Factor Equations for 80,000 it vehicles 2.0%traffic growth rate Asphalt Cement viscosity of AC 20 Subgrade Support Rating of Fair .. . . . • .. ... . . " • • •• . . - course, over 6.0"of bituminous binder course. The aggregate stone base shall be 16.0"of . . . mum of 50 feet to the back of curb. • • • -- • . • . .. - •. • -- be approved by the City Engineer, and B6.18 or SIDEWALK Non-reinforce, concrete sidewalks will be required on both sides of all roadways. They shall be a minimum of four(4) feet wide where four(4)feet wide walks now exist, and five(5) feet wide in all other locations. All sidewalks shall be five(5)inches in thickness. They will be a minimum of six(6) inches in thickness across driveway approaches. All sidewalks shall have an aggregate base of CA 7, with a minimum thickness of two inches (five inches across driveway approaches). All concrete shall be Class X, with a minimum of five(5) percent air-entrainments. Sidewalks shall slope two (2)percent towards the street. Approved curing and sealing compounds are required, as specified previously for concrete curb and gutter. The back of the sidewalk shall be placed twelve(12)inches from the right-of-way line, unless directed otherwise. The sidewalk shall have a light broom finish. Formed contraction joints are required, at a spacing of five(5) feet. Expansion joint material, one-half inch in thickness, and full-depth, shall be placed every 100 feet. The subgrade for the sidewalk shall be uniform, neat, and compacted to a minimum 90% modified proctor. 7 Standard Specifications for Improvements Spalling or chips will not be allowed to be patched. All such areas will be removed from contraction joint to contraction joint, and replaced. All sidewalks will be in place prior to acceptance of the public improvements by the City, which includes in front of vacant lots. These areas must be protected during future construction. No sidewalks are required in Estate-residential subdivisions. However, in the event sidewalks are not provided, a paved trail that abuts every lot must be provided,that meets the City's standards, specifically a ten(10)foot width, with an exit and entrance identification, consisting of two(2) inches of asphalt on eight(8) inches of CA6 aggregate. Dedicated easements at least fifteen(15) feet wide must be provided for the trail. DRIVE APPROACHES Drive approaches must be constructed to one of the following: 1. Six inches, minimum of Class X concrete, with a minimum of five(5)percent air- entrainment, over six inches minimum CA6 aggregate base over a 90% modified proctor compacted subgrade, with curing and sealing treatments, as specified above, under concrete curb and gutter. Expansion joint material, one-half(1/2)thick and full-depth, shall be installed at the curb and at the sidewalk. 2. Two inches, minimum of Class I bituminous concrete surface course, over a minimum base of eight(8) inches of CA6 aggregate over a 90%modified proctor compacted subgrade. The concrete sidewalk will be constructed through the drive approach, and any construction damage to the concrete sidewalk or curb will cause removal and replacement of those improvements. Drive approaches will not be constructed steeper than eight(8) percent. 3. In Estate-residential subdivisions, all driveways must be paved with brick, asphalt,or concrete, and must have a concrete culvert with flared end sections. Culvert diameter shall be twelve(12) inches or greater, as required by the City. PARKWAYS AND PARK SITES All parkways and park sites shall be landscaped in accordance with the Citi Landscape Ordinance . as amended from time to time. 8 Standard Specifications for Improvements STREET LIGHTING SYSTEM All streets shall have a complete street lighting system designed by a professional engineer. A street light will be required at all intersections, all curves, at all ends of cul-de-sacs, and at a maximum spacing of 300 feet. In Estate-residential subdivisions, street lights shall be required at intersections, and at a maximum spacing of 500 feet, with lights also placed at curves and a he end of dead-end streets. The poles shall be concrete with butt-type foundations. The Cit Engineer may require a streetlight to be placed at other points, as may be necessary in the public interest in unusual or special conditions. They shall be located at side lot lines, and on the opposite side of the street from the water main, wherever possible, and shall be set two feet from back of curb to face of pole. Occupancy permits cannot be issued until all streetlights in that phase of the development are installed, complete, and operational. Light Distribution: Luminaries of the Type H distribution as approved by the Illuminating Engineering Society(herein termed IES)shall be used, except at intersections where Type II or Type IV IES distribution shall be used. The City Engineer may designate the IES Type V distribution luminaries be used in the public interest under unusual or special conditions. Individual Control: On individual control of lights, the photoelectric control shall be mounted on top of the luminare. Line Drop: Voltage drop shall be no greater than three (3)percent from power supply to last unit with no wire size smaller than No. Ten (10) Type RHH or RHW Underground Service Cable(USC). All streetlights shall operate at 120 volts, except for those on major streets. Power Supply Location: Connection to the power supply shall be made to comply with Commonwealth Edison Company rules and regulations, as amended fro time to time. Conduit: All driveways, street, and sidewalk crossovers shall have two(2) inches of HD PVC conduit, used as raceways for underground cable. Underground Cable: All underground cable shall be placed in a 1 '/z' unit duct, and buried at least thirty (30)inches below the normal finished grade. Splices: All cable on the underground cable section shall be continuous, and no splicing shall be made underground. All necessary splices shall be made above ground level. Underground Cable Location: Underground cable shall be installed in a trench not less than two feet from the back of the curb, except that in no case shall the underground cable be installed under the sidewalk. Grounding: The grounding of the streetlight fixture and arm shall be in accordance with the locally adopted electric code. Fusing: All underground feeders shall be fused at or below their rated capacity. Each standard shall contain in-line fuse holders, with proper fusing in series with each underground conductor to protect the luminare located on that pole. 9 Standard Specifications for Improvements Streetlight Standard and Bracket: Local and collector streets shall use 906 B19-AD4, American Concrete Company pole and bracket, or approved equal. Luminare shall be mounted 19'9" above the street, shall have a four(4)foot arm and shall be buried a minimum of five(5)feet below grade and backfilled with crushed CA6 limestone, watered, and compacted around the butt of the pole. The bracket is to be furnished with the pole. The luminare shall be a General Electric Company No. C 728 N 609, or approved equal with the 1-1/4" side mount built-in ballast. The luminaries shall be fitted with General Electric Company "Lucalox" high-pressure sodium lamps LU 150/55/D, or approved equal, with GE Company ANSI specification "SSS"high-pressure sodium ballasts. or approved equal. or American Electric 13 56262 6/113 55962 6. Major Streets: The lighting pole will be fabricated from weathering steel, with A606. arm will be in one piece; absolutely no multi sectional welded or slip fit design poles will be allowed. The pole shall have an octagonal eight sided cross section. After fabrication, the contractor will be careful to clean the pole of all dirt and oil prior to and after erection of the pole to ensure uniform weathering. All connecting hardware will be stainless steel. The pole will be designed to hold the luminare arms, as indicated on the plans, in accordance with Luminaries, and Traffic Signals, as written by the American Association of State Highway and • •1 ., . • . • • • - -- •� ., velocity of 104 MPH. The pole design shall meet the latest edition of specifications for luminare . • • - - - .. ., .a. .- - - • .. 10 Standard Specifications for Improvements -• • ,, 3 » .. _ _,, 41 _ » • bolt circle,to attach to the anchor bolt foundatio . • . . . : , : . .. . •. ... , weathering steel pipe. Each pole shall be connected to the ground by means of a copper wire of one foot below finished grade. Specifications for Road and Bridge Construction, current edition, as adopted by IDOT. The luminare shall be baked on bronze, acrylic enamel, American Electric No. 153 63L2 6J, with . , . I . ... .. - Underground cable from the power supply to the pole base shall be rated USE Type RR, #10 Wire installed from the hand hale in the base of the pole to the photocell and luminarc shall be #12 Type RHW. Testing: The subdivider shall manually trigger the photocell in order to have each street light burn continuously for at least 48 hours. During this burn test, amperage readings shall be taken, and must be within ten(10)percent of the connected load, based on equipment ratings. Parking Lot Lighting: Parking lots in areas zoned Business, Residential, or Office-Research, shall be provided with lighting necessary to achieve a minimum average of 2.0 foot-candles, as measured across the entire parking lot, and a maximum of 1.0 foot-candles, as measured at the adjoining property lines. Parking lots in areas zoned Manufacturing shall have a minimum average lighting intensity of 1.0 foot-candles, per square foot. Lighting shall be designed to avoid casting direct light or glare onto adjacent residential property. 11 Standard Specifications for Improvements STORM SEWER SYSTEM A complete storm sewer system shall be required, consisting of closed conduits to an approved storm water storage system. All storm sewers within the public right-of-way and easements parallel to and adjacent to public right-of-way shall be reinforced concrete pipe(RCP), with a twelve(12)inch minimum diameter. Storm sewers in rear yards and side yards may be high- density polyethylene(H.D.P.E.)of a manufacturer and design, to be approved by the City of Yorkville. All roadways will have a system of inlets/catch basins,tied directly to the storm sewer. These storm water collection locations will be on both sides of the street, with a maximum longitudinal flow interval of 300 feet. All such collection points will be an inlet except the last structure before entering a storm sewer main shall be a catch basin with a two-foot sump. Catch basins or open-lid structures shall not be located over the sewer main. r"'is and tch . • covering. All backfill is to be a CA7 aggregate. All storm sewer roadway crossings from structure to structure must be backfilled with CA7 aggregate and completely encapsulated in an approved drainage fabric. In this manner, the curb subgrade, the storm crossings, and the inlets and catch basins create a roadway underdrain system for longer roadway life. If subgrade conditions are excessively sensitive to moisture or other special conditions, a capped, perforated, plastic underdrain may be required under the curb and gutter. All storm water conduits 12"diameter and larger shall be internally televised in color just prior to City acceptance. and shall be free of defects, sags. dirt. and debris. All parking lots shall be drained internally, and directed by pipe to the storm sewer. Storm sewers shall extend to the limits of the development with proper sizing, as approved by the City Engineer, based upon current and future runoff conditions, to pick up and safely carry through the development any and all upstream bypass flows. All new homes with basements or crawl spaces shall have a direct, underground conduit to the storm sewer system. Fill-in lots in areas with no storm sewer within 500 feet shall not be required to have this direct connection. Minimum depth of cover for these lines shall be 30 inches. All discharges shall have an approved automatic diverter calve immediately outside the house and a check valve inside the house. Multiple collection lines of four inch and six inch HD PVC will be allowed by an approved design. Terminal and junction points shall be at two-foot diameter precast concrete inlets with open-lid castings. The pipe from the house shall be a 2" minimum HD PVC with cemented joints. The connection to the storm sewer shall be through a neat, tight fitting, bored hole into the concrete pipe. After insertion of the sump pump discharge pipe into the concrete storm sewer pipe, the joint shall be sealed with hydraulic cement. In no case shall the sump pump discharge pipe extend beyond the inner surface of the concrete storm sewer pipe. Connections, however, shall be into a structure wherever practical. 12 Standard Specifications for Improvements Individual storm sewer services shall not be required in areas of the development where soil and ground water conditions indicate that sump pumps would run very infrequently. If the developer does not wish to install storm sewer services, he shall perform soil borings at regular intervals (300' to 400' grid typical)during the Final Plan preparation stage, to determine soil types and ground water elevations. Boring locations are subject to approval by the City. Each boring shall extend at least 20 feet below existing ground elevations and be referenced to the development benchmarks. If the boring logs show granular soil and also show ground water elevations at least five(5)feel below planned basement floor elevations, then individual storm sewer services shall not be required in that area of the development. During excavation of every basement in that area,the developer shall verify(with City representative present)that the granular soil and deep ground water conditions exist. If either condition is found not to exist at a building location,the developer shall construct a storm sewer service to that building, in conformance with these Standard Specifications. The design of the storm water collection system shall be for a ten(10) year storm, running just full. The only exception to this is where the receiving storm water system has less capacity and here the new system of conduits shall be designed for a five(5)year event, running just full. The minimum velocity shall be 2.5 fps and the maximum shall be 8 fps. The storm sewer pipe shall have a minimum cover of three (3)feet. Storm sewer manholes shall be five (5) feet in diameter. constructed of reinforced concrete. and shall be placed at a maximum spacing of 500 feet. The use of adjusting rings is limited in height to eight(8") inches. Inlet and/or catch basin frames and grates shall be Neenah No. 3015, East Jordan No. 7010, or approved equal. Where a continuous grade is carried across an inlet or catch basin casting, the open-vaned cover shall be used,Neenah No. R-32868V, East Jordan No. EV-7520, or approved equal. All manhole castings shall be Neenah No. R-1030, East Jordan No. 105123, and Type B cover, or approved equal. All type B covers shall have"City of Yorkville" and"Storm" cast into the top, and shall be concealed pickhole type. All sections of the manholes shall be completely sealed and butyl rope, including the casting. Manholes shall no be allowed in the pavement, curb, gutter, or sidewalk. All flared end sections 15" or larger shall have grates. In Estate residential developments, a ditch shall be required on both sides of the street, and shall have a minimum profile slope of one(1)percent(side slope 4:1 on the street side, and 3:1 on the lot side). The storm water storage system shall be designed utilizing a Modified Rational Method. as follows: 1. Q = (Cm) iA, where a run-off co-efficient or Ca is calculated for the site based upon actual proposed surface coverage. Cm then equals 1.25 times Ca. 13 Standard Specifications for Improvements 2. The following run-off co-efficient shall be utilized as minimums: Surface C Grass .50 Asphalt/Concrete .98 Roof 1.00 Detention 1.00 3. The maximum release at the designated 100-year level is 0.15 cfs/acre. The City Engineer shall reduce this allowable release rate where the downstream accepting system is experiencing drainage problems such as the Elizabeth Street swale where all receiving discharges are limited to 0.10 cfs/acre. The outlet structure design shall address the two-year(0.04 cfs/acre)and the 25-year(0.08 cfs/acre) storm control, in addition to the 100-year event. 4. 5. The minimum size restrictor shall be a four-inch by twelve-inch long HD PVC pipe. The design must be designed for easy maintenance and cleaning during a storm event. The discharge shall be directly to a downstream storm sewer if one is available within a reasonable distance. If not, the discharge will be to the surface, with approved energy dissipation and downstream erosion protection. 6. The rainfall intensities to be utilized are those established by the Illinois State Water Survey's Bulletin#70, as amended for the specific City of Yorkville area. In designating the required storm water storage volumes, the maximum value calculated using the various events should be utilized. See Figure 3 for a sample calculation. 7. The storm water storage areas must have containment for twelve inches of additional storm water storage, with an approved calculated overflow area at six inches above calculated 100-year elevation. This overflow shall have an erosion concrete curtain wall, with a minimum thickness of 8 inches, a minimum depth of three feet below grade, and a length to extend a minimum of four feet beyond the limits of the overflow on either end. This wall is not to be formed, but is to be trenched or excavated into natural soil, or into the compacted fill, and is to be finished flush to the ground. 8. The water storage areas will not be accepted by the City or included in calculations for parkland donations. However, the City may elect to accept such area w ill need to be covered by an easement_ including access thereto. such that should the primate ownership not maintain said area as necessary_ the City can cause such corrections and bill the owner, including any and all administrative costs. 14 Standard Specifications for Improvements 9. The engineering plans shall have a full sheet dedicated to the soil erosion and sedimentation control requirements for the development, including silt fencing, straw bales, drainage fabric, etc. Failure to properly maintain this system may result in major storm sewer cleaning within the site and in the offset storm system. The City reserves the right to place a hold on all building permits and inspections Keeping the streets clean is part of this plan. and failure to do so will result in these actions. 10. The engineering plans shall have one or more full sheets dedicated to the Final Grading of the entire site. The minimum grade for all grass areas shall be two(2) percent, except that swale areas may be at one(1)percent if it is over an approved, piped underdrain. Slopes shall be shown with arrows at all locations from all break points. A grading plan on an 8-1/2"x 11"paper for the actual building must be submitted for each building permit submitted, and will become a part of the building permit. All top of foundation elevations will be a minimum of two(2) feet, and a maximum of three(3)feet above the street centerline elevation, measured at the center of the lot in question, unless the City Engineer directs otherwise, based on site- specific conditions. Drives must be at a minimum slope of two(2)percent, and maximum slope of eight(8)percent towards the curb flow line from the garage. When the forms for the foundation are ready to pour, a top of foundation elevation and location certification of a registered surveyor or engineer, as approved by the building inspector, is required prior to pouring the concrete into the forms. The tolerance here is 0.15 feet lower and 0.5 feet higher, and behind all applicable setback and easement lines. 11. Requests for an occupancy permit must include an as-built grading plan, signed and sealed by a registered land surveyor, showing the original, approved grades and slopes, along with the actual grades,just prior to the occupancy permit request. The actual grades must fall within a tolerance of 0.15 feet in order to receive an occupancy permit. Top soiling and seeding or sodding, if applicable, must be in place prior to the final grading plan. All City-incurred costs of reviewing these grading plans shall be the responsibility of the developer. Note that specific building codes, ordinances, and permitting procedures, which may be established by the United City of Yorkville, shall supersede these requirements. 12. The storm water areas shall be designated according to the guidelines below City may require that storm water detention and retention facilities incorporate currently acknow ledged Best Management Practices to improve storm water quality. 15 Standard Specifications for Improvements A. Storm Water Retention(Wet Ponds) feet. These areas must have a safety shelf three feet in width at a depth of two feet below the normal water elevation. The slope to the bottom of the lake is 2:1, and the slope up from the lake is a maximum of 3:1. All storm water inlet points The developer shall provide a soil report, prepared by a licensed professional engineer, to determine whether or not lake lining will be required. Vertical or nearly vertical edge treatment will require an approved method, allowing a child to easily climb out of the water. B. Storm Water Detention(Dry Ponds) • - - headwall with grates. Two foot inlets can be placed over the low flow pipe. The 13. The torm w ater storage B�pass flow s from upstream areas should bN pass the storm water storage facility_ where practical. The entire development shall be examined under the premise that all storm sewers are blocked and full when a 100-year event occurs, and the development can pass these flows without flooding homes. All overflows are to be contained within the right-of- way, or where absolutely necessary, through special drainage easements. All buildings shall have the lowest water entry a minimum of 18 inches above the elevations determined for this bypass situation. 16 Standard Specifications for Improvements 14. Storm water detention shall not be required under the conditions listed below. The City reserves the right to require detention on any parcel of land if special circumstances exist, and to require that sewer be constructed as necessary,to carry away the storm water. a) Proposed development or re-development of the existing lots zoned single-family detached, or duplex residential, less than 2.5 acres in gross area. b) Proposed development or re-development of existing lots zoned other than single-family detached or duplex residential, that are less than 1.25 acres in gross area. WATER SYSTEM 1. All water mains shall be Class 52 ductile iron pipe, conforming to the latest specification requirements of ANSI A21.5.1. Mains shall be cement lined, in accordance with ANSI A21.4. Fittings shall conform to ANSI 21.10. Gate valves shall be resilient wedge type, conforming to the latest revised requirements of AWWA specification C509. All water mains are to be polyethylene wrapped. Main line valves 10" diameter and larger are to be installed in a vault. Smaller main-line valves shall either be installed in a vault, or have a Trench Adapter valve box, similar to those used at fire hydrants. No vaults or valve boxes shall be in the pavement or sidewalk. 2. Water services up to 3" diameter shall be type"K" copper, conforming to the latest revised specification requirement of ASTM B88. Minimum size for residential units shall be one inch in diameter. Corporation stops shall be McDonald No. 4701, Mueller H-15000, or Ford F-600. Curb stops shall be McDonald No. 6104, Mueller H-15154, or Ford B22-333m, with Minneapolis patter B-boxes, similar to McDonald N.5614 or Mueller H-10300. 3. Minneapolis type B-boxes shall be installed in the right-of-way, but not in the sidewalk or driveway. 4. Fire hydrants shall be one of the following: 1. Clow F-2545 (Medallion) 2. Mueller A4-23 (Centurion) 3. East Jordan 5-BR 4. Waterous WB-67-250 Hydrants shall have a 5-1/4" main valve assembly, one 4-1/2" pumper nozzle, and two 2-1/2" hose nozzles, with national standard threads, a national standard operating nut, and above ground break flange. The installation of the hydrant shall conform to AWWA 600 standards. Auxiliary valve boxes shall either be Trench Adapter Model Six by American Flow Control, Clow F-2546 with F-2493 cover, or approved equal. For valve boxes other than those by American Flow Control, the box shall be attached to the hydrant barrel with grip arms, as manufactured by BLR Enterprises, or approved equal. 17 Standard Specifications for Improvements 5. Inspections and Installation: All water mains shall be designed and installed in accordance with the Standard Specifications for Water Mains in Illinois. Upon completion, water mains shall be subjected to hydrostatic pressure test of 150-psi average for up to 4 hours. Allowable recovery shall conform to the Standard Specifications for Water& Sewer Main Construction in Illinois. The water operator in charge or person authorized by the water operator in charge shall be present during all testing. The developer shall use the pressure gauge supplied by the City for the test. 6. New water main shall be disinfected in accordance with AWWA standard C601. Water will be tested to assure that 50 mg/1 of CL2 is in disinfected water. Sampling shall be taken by water operator in charge or persons authorized by the water in charge. Water must pass two consecutive days of sampling tests by a state approved lab. 7. Water mains shall be minimum eight inches internal diameter, with a cover of five feet, six inches below finished grade. Watermain stubs to hydrants shall be at least six inches internal diameter. City water mains and hydrants shall be placed of the North and West sides of the streets, unless approved otherwise the City Engineer. Valves shall be installed each second consecutive hydrant, at intersecting lines, and other locations as required, such that a minimum number of services will be affected during a main isolation. Fire hydrants shall be installed throughout the subdivision at each intersection and at intervals not exceeding the requirements of two fire hydrants serving any point of any building, or 300 feet along the roadway, whichever is more stringent. Special conditions may dictate a closer spacing, as approved. Fire hydrants shall be located on the property line, except at corners, and shall be set two feet minimum and three feet maximum from the curb back to the face of the pumper nozzle. Where there is no curb and gutter, the face of the pumper nozzle shall be between 18 inches to 20 inches above finished grade line(sidewalk to curb). Base elbow of hydrant shall be properly thrust blocked, and shall be provided with clean, washed CA7 aggregate and polyethylene covering. All hydrants and any adjustment fittings shall receive one field coat of red paint, as recommended by the manufacturer, prior to final acceptance. 8. All tees, bends, fire hydrants, and valves shall be adequately blocked with pre-cast blocks and poured in place thrust blocking against undisturbed earth. 9. Services shall be equipped with corporation stop, curb stop, and buffalo box. The buffalo box shall be set in the parkway, on the centerline of the property, approximately centered between the back of sidewalk and the adjacent right-of-way line. Service trenches beneath or within two feet of proposed driveways, sidewalks, or other pavements shall be backfilled full-depth with aggregate. Except as permitted below, the underground water service pipe and the building drain, or building sewer, shall be not less than ten feet apart horizontally, and shall be separated by undisturbed or compacted earth. The water service pipe may be placed in the same trench with the building drain and building sewer if the conditions listed below are met: 18 Standard Specifications for Improvements A. Local conditions prevent a lateral separation of ten feet; B. The bottom of the water service pipe at all points shall be at least 18 inches above the top of the sewer line at its highest point. All water and sewer services must be inspected an approved by the building inspector prior to backfilling. C. The water service pipe shall be placed on a solid shelf, excavated at one side of the common trench, and shall have no joints from the buffalo box to the water meter inside the house; and D. The material and joints of sewer and water service pipe shall be installed in such a manner, and shall posses the necessary strength and durability to prevent the escape of solids, liquids, and gasses there from under all known adverse conditions, such as corrosion, strains due to temperature changes, settlement, vibrations, and superimposed loads. 10. Depth of bury shall be 5'6" below finish grade. No joints will be allowed between the corporation stop and the curb stop. 11. All watermain shall be looped and double fed, and shall be extended to the far limits of the development, and in size appropriate for future development, as directed by the City Engineer. Recapture and over-sizing may be applicable. SANITARY SEWER SYSTEM A complete sanitary sewer system is required for all new development. The minimum internal size of sanitary sewer main shall be eight inches in diameter. The top of the sewer main shall be a minimum of three feet lower than the lowest floor elevation at all service connection locations, but not less than eight feet below finished grade, wherever possible. Should the sewers serving a particular development not be deep enough to serve the basement, as noted above, then overhead plumbing will be required. However, all levels of the building must be served by gravity, with only the below-grade levels being served by a pump unit. The City Engineer may require that certain buildings not have subgrade levels due to special situations. 19 Standard Specifications for Improvements The sanitary sewer shall be extended to the development's far extremes, as directed by the City Engineer, for proper and orderly growth. The city Engineer will also direct the sizing and grades for the sewer, so as to fit the overall plan for the City. The City strongly discourages the use of lift stations, but if the City Engineer approves the use of a public lift station, the following shall be required as a minimum: A. The pumps shall be submersible, with a back up pump and well-designed wet well. B. The station building shall be a brick structure with conventional-pitched roofing and paved access. The building shall comply with all BOCA regulations, and shall be heated and ventilated. The subdivider shall follow normal building permit procedures, and pay the normal fees for construction of the lift station building C. The unit will be equipped with a back-up power source, utilizing natural gas as a fuel, and can operate on manual or fully automatic mode, complete with a variable exercise mode. D. The motor control center shall have a solid-state duplex logic. Sewage level in the wet well shall be measured with a pressure transducer. A dial-out alarm system matching that currently in use in the City shall be provided. E. The City Engineer must approve any and all lift stations, and may require other improvements. F. There shall be good-quality noise control, and all electronic components shall be explosion-proof. G. Force mains shall be sized to carry the initial, intermediate, and ultimate flow rates from the tributary area, at a velocity of between 3.0 and 6.0 feet per second. Material shall be watermain quality Ductile Iron with polyethylene encasement. Gate valves in vaults shall be constructed in the force main at intervals not exceeding 600 feet, to allow quick isolation in the event of a leak. Blow-off valves in vaults shall be constructed at high points in the force main, and shall discharge to sanitary sewers, where possible. Force mains shall be tested at 150-psi for two hours, similar to watermain testing. H. The subdivider shall maintain an inventory of each size and type fuse, relay, and other plug-in type devices used in the lift station motor control center, as recommended by the manufacturer. These items shall be housed in a wall mounted metal cabinet. The subdivider shall also supply a heavy-duty free standing metal shelf with not less than square feet of shelf space, and one(1) fire extinguisher rated for Type A, B, and C fires. I. The subdivider shall provide start-up training to the Public Works Department personnel, and shall provide three sets of Operations and Maintenance Manuals for all equipment at the lift station. J. K. Sewer construction cannot start until the City Engineer has been notified by the Illinois Environmental Pollution Agency(TEPA)that approvals have been secured. Sanitary sewer pipe shall be PVC plastic pipe, with a minimum SDR 26. All pipe and fittings shall be pressure rated in accordance with ASTM D-2241 and ASTM D-3139 (per AWWA C-900)for sizes 6-15 inches. Solvent joints are not permitted. Sewers-may-be . ..• 9. .. 20 Standard Specifications for Improvements All public sanitary sewers will be air and mandrel tested by the developer, at his expense, under the supervision of the City Engineer. One copy of the report shall be forwarded to the Yorkville-Bristol Sanitary District,and one report shall be forwarded to the City Engineer. All testing will be done in conformance with the"Standard Specifications For Water and Sewer Main Construction in Illinois", current edition. All public sanitary sewers shall be internally televised in color and recorded on videotape and written log by the developer, at his expense, under the supervision of the City Engineer, to ensure that the sewers are straight, unbroken,tight, and flawless. There must be good-quality lighting for a sharp and clear image of all sewer segments. Poor quality images will result in re-televising the system, at the developer's expense. The videotape must clearly mark the segment being televised through manhole numbering, and the image must clearly identify the footage as it progresses through the pipe. One copy of the complete videotapes and written log shall be forwarded to the Yorkville- Bristol Sanitary District, and one complete set shall be forwarded to the City Engineer. All manholes will be required to be internally vacuum tested by the developer, at his expense, under the supervision of the Engineer. This test will check the integrity of the complete structure, from the invert to the casting, including all adjusting rings. One copy of the test results shall be forwarded to the Yorkville-Bristol Sanitary District, and one copy shall be forwarded to the City Engineer. Vacuum testing of each manhole shall be carried out immediately after assembly backfilling, and rough grading, and shall be witnessed and approved by the City Engineer. All lift holes shall be plugged with an approved non-shrinking grout. No grout will be placed in the horizontal joints before testing. All pipes entering the manhole shall be plugged, taking care to securely brace the plugs from being drawn into the manhole. The test head shall be placed at the inside of the top of the casting and the seal inflated in accordance with the manufacturer's recommendations. A vacuum of ten inches of mercury shall be drawn and the vacuum pump shut off. With the valve closed, the time shall be measured for the vacuum to drop to nine inches. The manhole shall pass if the time is greater than 60 seconds for a 48- inch diameter manhole, 75 seconds for a 60-inch manhole, and 90 seconds for a 72-inch manhole. All manhole castings shall be Neenah No. R-1030 frame, East Jordan No. 105123, and Type B cover, or approved equal. If the manhole fails the initial test, necessary repairs shall be made with a non-shrink grout, while the vacuum is still being drawn. Retesting shall proceed until a satisfactory test result is obtained. If the rim of a sanitary manhole needs to be reset or adjusted after successful vacuum testing, but before the expiration oft eh one-year warranty period, it shall be sealed and adjusted properly in the presence of the City Engineer. Failure to do so will require the manhole to be vacuum tested again. All manhole frames shall be Neenah No. R-1030, East Jordan No., 105123, or approved equal, with Type B covers. All Type B covers shall have"City of Yorkville" and "Sanitary" cast into the lid, and shall have concealed pick holes with a machined surface and watertight rubber gasket seals. All manhole segments, including the frame and adjusting rings, shall be set with butyl rope joint sealant. Manholes shall be minimum four-foot diameter, and shall not be located in pavement, curb, gutter, or sidewalk. 21 Standard Specifications for Improvements All sanitary sewer manholes shall be provided with approved cast in place rubber boots (flexible manhole sleeve), having a nominal wall thickness of 3/16"with a ribbed concrete configuration and with stainless steel binding straps, properly sized and installed for all conduits. All manholes shall be reinforced precast concrete, and shall be located at intersections and spaced at a maximum interval of 300 feet, except that a closer spacing may be required for special conditions. The maximum allowable amount of adjusting rings shall be eight inches in height using as few rings as possible. All manholes shall be marked at the time of construction with a four-inch by four-inch hardwood post neatly installed vertically and with a minimum three-feet bury and a minimum four-foot exposed. The top one-foot of the post shall be neatly painted white. Wells and septic systems are allowed in Estate-residential developments that are not within 250 feet of water and/or sewer service. When each lot is within 250 feet of water and/or service, that lot may maintain their septic and/or well only until failure of the septic or well. At that time the lot must, if within 250 feet of the sewer and/or water line hook-up to the sewer and/or water, as the case may be, connect to the City utilities at the lot owner's sole expense. After connection to the City Sanitary Sewer System, individual septic fields shall be abandoned by pumping out the tank, knocking in the cover, and filling with dirt or stone in accordance with Health Department regulations. TRAFFIC STUDY A traffic study may be required, and shall include: 1. Levels of service for existing conditions; 2. Levels of service for post-construction conditions; 3. All calculations shall be conducted according to the"Highway Capacity Manual"; 4. Recommendations as to additional/limited access, additional lanes, signalization, etc. The need or requirement for a traffic impact study shall be determined during the concept or preliminary planning stage of the proposed development. The developer/subdivider shall meet with City of Yorkville officials during one of these stages for the purpose of determining the traffic study requirements. When the City of Yorkville requires that a traffic study be prepared based upon the above, the study shall include, but not be limited to, addressing the following issues: INTRODUCTION: A general description of the proposed development, including it's size, location, the political jurisdiction in which the site is located, the boundary limits of the study area, and any other information needed to aide in the review of the development's traffic impacts. 22 Standard Specifications for Improvements PROJECT DESCRIPTION: A description of the existing and proposed land uses of the development. If alternative land uses are being proposed,the highest trip generation uses shall be assigned for each land use. SITE ACCESSIBILITY: A clear and concise description of the proposed ingress/egress points to the proposed development, including a sight distance analysis. EXISTING EXTERNAL ROADWAY NETWORK: A description of the existing external roadway networking the vicinity of the proposed development, to include functional classification, primary traffic control devices, signalized intersections, roadway configurations, geometric features (curves and grades), lane usage, parking regulations, street lighting, driveways servicing sites across from or adjacent to the site, and right-of-way data. The area of influence shall be determined by the traffic generated from the site, the trip distribution of traffic, and the trip assignment of the traffic generated by the development over the surrounding area road network. EXISTING AM, PM, & TOTAL DAILY TRAFFIC VOLUMES: Existing AM, PM, and total daily traffic volumes for access driveways (if existing), intersections, and the roadway network in the site vicinity shall be determined and displayed on a graphic(s) in the final report. To determine AM and PM existing traffic volumes, machine counts and/or manual counts shall be conducted during a three-hour period of the morning. between approximately 6:00 PM to 9 0 PM of an average or typical weekday. and also between approximately 3:00 PM to 6:00 PM, on an average or typical weekday. Peak hour counts may be required on Saturday and/or Sunday, depending on the proposed land use. All AM and PM peak hour counts shall be recorded and summarized in fifteen-minute increments, and be included in the Appendix of the final report. Manual counts shall include vehicle classifications, i.e. passenger cars, single-unit, multi-unit trucks and buses. Traffic counts shall show both entering and exiting traffic at the proposed access points (if existing), in addition to turning and through traffic movements at critical intersections. TRIP GENERATION RATES AND VOLUMES: Trip generation rates and volumes for each type of proposed land use shall be determined for the AM and PM peak hours, and total daily volumes may be required on Saturday and/or Sunday, depending on the proposed land use. The trip generation rates shall be calculated from the latest data available contained in the Institute of Transportation Engineer's "Trip Generation Manual". If trip generation rates for a specific land use are not available from the"Trip Generation Manual", the United City of Yorkville shall approve the substitute rates. SITE-GENERATED TRIP DISTRIBUTION & ASSIGNMENT: The most logically traveled routes in the vicinity of the development shall be used for trip distribution and assignment purposes. The directional distribution of site-generated traffic approaching and departing the development should be shown in both graphic and tabular form. All assumptions used in the determination of distribution and assignment shall be clearly stated. 23 Standard Specifications for Improvements EXISTING,PLUS SITE-GENERATED TRAFFIC VOLUMES: Existing, plus site- generated traffic volumes for the AM and PM peak hours,and total daily traffic for access drives, intersections, and the roadway network in the site vicinity shall be determined and displayed on a graphic(s)in the final report. Traffic volumes shall show both entering and exiting traffic at the proposed access points, in addition to turning and through traffic movements at critical intersections. FUTURE TRAFFIC (EXISTING, PLUS SITE-GENERATED) VOLUMES: Future traffic(existing, plus site-generated traffic volumes) for the AM and PM peak hours, and the total daily traffic for access drives, intersections, and roadway network in the site vicinity shall be determined and displayed on a graphic(s)in the final report. Projected increases in the external (non site-related)roadway traffic must also be determined. The selection of a horizon year for which traffic operation conditions are to be characterized may be considered as the date full build-out and occupancy is achieved. If the project is a large multi-phased development in which several stages of development activity are planned, a number of horizon years may be required, that correspond to the bringing on line of major development phases. Horizon dates should be times to coincide with major stages of the overall project, or to coincide with increments of area transportation system improvements. INTERSECTION CAPACITY ANALYSIS: Proposed access driveways and influenced intersections shall be subject to an existing, plus projected, capacity analysis. Projected traffic conditions shall include the effects of any committed developments within the influenced area. The existing and projected levels of service derived from the analysis shall be used to aid in the evaluation of design and operation alternatives of the access driveways and influenced intersections. The capacity analysis shall be in accordance with the techniques described in the most recent edition of the Transportation Research Board's "Highway Capacity Manual", Special Report 209. SPECIALIZATION WARRANTS: If it is anticipated that the development's driveway(s)or existing external non-signalized intersections will satisfy signalization warrants, a warrant analysis shall be conducted, using the projected volumes determined from the trip generation. The results of such an analysis shall be tabulated in the traffic impact study. CONCLUSIONS AND RECOMMENDATIONS: Clear and concise descriptions of the findings shall be presented in the final report. These findings shall include all recommended improvements for access facilities, internal roadways and intersections, and external roadway and intersection improvements. 24 Standard Specifications for Improvements DRIVEWAY AND PARKING LOT PAVING ALL DRIVEWAYS AND PARKING LOTS SHALL BE PAVED AS PER THE FOLLOWING SPECIFICATIONS: 1. ASPHALT: A. RESIDENTIAL Two-inch I-11 bituminous concrete surface, over eight-inches (minimum) of compacted CA6 limestone or crushed gavel. B. COMMERCIAL/INDUSTRIAL Three-inch I-11 bituminous concrete surface, over ten-inches (minimum) of compacted CA6 limestone or crushed gravel. 2. CONCRETE: A. RESIDENTIAL Six-inch Class X, over six-inches(minimum) of compacted CA6 limestone or crushed gravel. B. COMMERCIAL/INDUSTRIAL Eight-inch Class X, over eight-inches of compacted CA6 limestone or crushed gravel. 3. PAVING BRICK: A. RESIDENTIAL Paving brick over one inch of sand and eight inches of compacted CA6 limestone or crushed gravel. 4. SEALCOAT: A. COMMERCIAL/INDUSTRIAL An A3 seal coat,as defined by the 1DOT's Standard Specifications for Road and Bridge Construction, may be allowed on areas behind the building, when used as a temporary surface, not to exceed three years, after which it must be paved to the above specifications. The same base should be ten inches (minimum) of compacted CA6 limestone or crushed gravel. 25 RESOLUTION FOR THE UNITED CITY OF YORKVILLE STANDARD SPECIFICATIONS FOR IMPROVEMENTS (Changes Incorporated Within,2-11-04) Resolution No. These Standards apply to all infrastructure improvements,and may be modified as needed upon the advice of the City Engineer for special identified situations or conditions. All contractors shall give the City Engineer's office a minimum 48-hour notice of all work and of all required approvals. Failure to obtain these required approvals will require extensive testing,removal and replacement, and a ban for a minimum of one year, from working on the City's right-of-way. Subdividers that have been unfaithful in previous City agreements or developments, or who owe the City payments,will not be allowed to have work performed for them within the public right-of-way. Resident engineering inspection shall be provided through the City Engineer's office, and all such costs shall be charged to the developer by the United City of Yorkville. Required written approvals will not be given until outstanding bills are paid in full. The developer's improvement Letter of Credit or other subdivision securities will also be liable for all such costs. The developer shall be responsible for layout and staking engineering,as well as for record drawings by a registered Professional Engineer. These Specifications for Improvements shall become a part of each and every project approved by the United City of Yorkville,and no other specifications will take precedence. All improvements included in the United City of Yorkville's Standard Specifications for Improvements, unless noted herein, shall conform to the latest editions of the State of Illinois"Standard Specifications for Road and bridge Construction",the"Manual on Uniform Traffic Control Devices", and all amendments thereto. These documents shall be considered as included within the City of Yorkville Standard Specifications for Improvements, and in the case of a conflict of requirements,the most stringent shall apply. Prior to starting construction of any project,the developer shall attend a pre-construction meeting and bring a representative from each contractor,a list of all contact persons that can be reached at any time,and a complete schedule of all work to be performed. No work is to start until the engineering plans have been approved by the City Engineer and the City Administrator,and the pre-construction meeting has been held. Any changes to the approved plans must be approved in writing by the City Engineer. The City Engineer or a representative will,upon discovery of improper material or installation practices,issue a written document to the contractor, stating that failure to stop and correct such deficiencies will result in the City's refusal to accept such improvements or to issue any further building permits, or to perform required inspections. The subdivider shall obtain and keep in force insurance coverage for Worker's Compensation, and Employer's Liability, Commercial General Liability, Commercial Automobile Liability,and Umbrella Liability,as described in IDOT's"Standard Specifications for Road and Bridge Construction". The United City of Yorkville shall be named as an additional insured. The insurance coverage shall remain in effect until the entire development is accepted by the City. The City will not consider acceptance of the public improvements in a development until it is at least fifty (50)percent built out,or three years after the roadway binder course is paved,whichever is sooner. Blasting will not be allowed. Standard Specifications for Improvements ROADS All roadways shall conform to the Illinois Department of Transportation(hereinafter termed IDOT) "Standard Specifications for Road and Bridge Construction", unless modified herein. Horizontal and vertical geometric for right-of-ways and roadways shall conform to the City Standards, listed in Figure 2. Surface course must not be placed until at least seventy(70%)percent of the adjacent,private improvements are in place. However, in no case shall the surface course be placed until the binder course has been in place for at least one full winter season. In no case shall the surface course be delayed more than three(3) years after the binder course has been installed. The subgrade shall be graded and compacted to a hard,uniform surface, matching the slopes of the surface course. It shall have no rutting and shall completely drain to the outer edges. It shall be proof rolled by the contractor with a fully loaded(gravel) 10-cubic yard dump truck and witnessed by and approved in writing by the City Engineer's representative(hereafter termed City Engineer)before proceeding to build the roadway. All unsuitable subgrade shall be removed and replaced with compacted, stable clay material or shall be replaced with compacted CA6 limestone on an approved, non-woven roadway fabric (6.5 oz. minimum). Other geo-grids may be required for certain conditions. All bituminous mixtures shall be delivered and handled so that the bituminous mixture immediately behind the paver screen is at or above 270 degrees F. All asphalt delivered to the project shall be covered when the temperature is at or below 70 degrees F. All subgrades, other than approved granular subgrades, shall be completely covered with a subgrade fabric (Amoco 4551 or approved equal),with a full 18 inches of overlap. Subgrade Fabric shall also be used on lime-stabilized sub grades. It shall be placed neat and tight, without wrinkles,tears, or defects. Construction equipment shall not be allowed to drive on the fabric until it has a minimum of four inches cover of granular base material. The City Engineer shall approve in writing the subgrade fabric installation prior to placing base material. The subgrade fabric shall extend a minimum of twelve inches beyond the back of each curb. In areas where undercutting of the subgrade is required,the bottom of the excavation shall be lined with a woven geotextile (Amoco 2002 or approved equal), and backfilled with CA-3 aggregate. The aggregate base course shall be compacted to a minimum of 95% Modified Proctor and shall be free of all dirt and debris. The course shall be proof rolled, as described above, and witnessed by and approved in writing by the City Engineer before proceeding to build the roadway. A bituminous prime coat shall be applied to the aggregate base course prior to paving. The bituminous concrete binder course shall be placed only upon the written approval of the City Engineer. All asphalt must be laid utilizing a good-quality, properly-functioning,tracked or wheeled asphalt laying machine, utilizing fully-automatic, electronic sensing control from a stringline for the initial course, and from a minimum fifteen(15') foot ski for all other lifts. The bituminous binder course shall be proof rolled as described above, and witnessed by, and approved in writing, by the City Engineer before proceeding with the surface course. All repairs must be made as directed by the City Engineer. All bituminous pavement patches shall be at least fifty(50%)percent thicker than the pavement being patched. 2 Standard Specifications for Improvements Also,the binder course shall be bump tested by the contractor, and witnessed by the City Engineer, and all areas exceeding one-half inch(1/2")bumps, including header joints and any patch joints, shall receive a leveling course prior to surfacing. Areas of excessive patching will automatically receive a level course prior to surfacing. Prior to any leveling course or surface course,the streets shall be flushed clean and free of all dirt and debris. A bituminous tack coat will be required. Minimum temperature requirements for laying asphalt will be 5 degrees F higher than that allowed by IDOT specifications. The bituminous concrete surface course shall be placed only upon the written approval of the City Engineer. All asphalt must be laid utilizing good-quality, properly functioning,tracked or wheeled asphalt laying machine,utilizing fully automatic, electronic sensing control from a minimum 15-foot ski. The surface course shall be bump tested by the contractor, and witnessed by the City Engineer. All bump test penalties specified by IDOT specifications shall be quadrupled, and areas that have an excessive amount of one-half inch(1/2") bumps shall be completely removed and replaced,not just the bump itself Minimum temperature requirements for laying bituminous surface course will be five (5) degrees F higher than that allowed by IDOT specifications. The surface elevation of the asphalt at the concrete gutter shall be 1/4 inch higher than that of the adjacent concrete. All streets shall have a cross slope of 2% from the centerline to the concrete curb. Areas of segregated binder course and/or surface course shall be removed and replaced at the direction of the City Engineer. Segregated asphalt is the uneven distribution of course and fine materials in the asphalt characterized by pavement textures different from the surrounding material, and can usually be seen by the naked eye. Pavements constructed from Portland Cement Concrete shall be designed in confounance with American Concrete Pavement Association Publications IS 184P and IS 061P, as amended. Combination concrete curb and gutter will be required on all roadways. All curb and gutter shall be placed on an aggregate base with a minimum thickness of four inches, but in no case shall the curb and gutter subgrade be higher than one inch below the adjacent roadway subgrade. The height of the gutter flag shall be ten (10")inches,unless directed otherwise by the City Engineer. As noted previously, the roadway subgrade fabric will extend over the curb and gutter subgrade, and beyond by a minimum of twelve(12") inches. The concrete curb and gutter shall be reinforced with two#4 deformed bars, placed three (3") inches from the bottom, spaced twelve (12")inches apart, centered on the total width of the curb and gutter. Machine-placed concrete curb and gutter is to be utilized wherever practical,utilizing a minimum Class X concrete, and a five (5%)percent minimum air-entrainment. Plastizers will be allowed,but chlorides will not. An approved spray-on curing compound with red fugitive coloring shall be applied immediately after finishing, and a sealer, WR Meadows TIAC, or approved equal, shall be applied after seven days. The resident engineer shall be notified of these applications, and proof of purchase, with material specifications, will be required. The concrete curb and gutter shall have the required slip bar expansion joints, and 3/ inch deep sawed contraction joints will be required every 15-20 feet, within 24 hours after each pour. Minor honeycombing on the two outer, vertical surfaces will be allowed, but they must be patched in an approved manner, and witnessed by the City Engineer, prior to backfilling. The clay backfill behind the curb shall be placed and compacted prior to placing aggregate base course. 3 Standard Specifications for Improvements Roadway extensions and stubs will be required as part of the development, with full improvements where needed, for future growth. Additional lanes, access improvements,traffic signalization, etc.,may be required, at the developer's expense. The developer shall reimburse the City for two of each street name and regulatory signs and posts required, and the City will install same. All signs shall be high-intensity, as approved by the Director of Public Works. All pavement markings shall be thermoplastic. The developer shall reimburse the City for the cost of replacing any signs that are missing, stolen, or damaged prior to final acceptance. Existing roadways running through, or adjacent to,the development, shall be improved by the developer to comply with these Standard Specifications for Improvements. Half-streets are discouraged, but where they are necessary, on advice of the City Engineer,the minimum width street will be twenty-four(24') feet from the edge of pavement to the back of curb, on the development side of the roadway. Street lighting, sidewalk, and landscaping on the development side will be required. Temporary tee turn-arounds will be required on all streets stubbed for future roadway extension, as recommended by the City Engineer, and shown on the Final Plat. Paving for the tee will extend from right-of-way line to right-of-way line,to a length of fifteen (15') feel, and two radii of fifteen (15') feet. The pavement beyond the road edge shall be three (3") inches of bituminous concrete surface course, on a ten (10") inch CA6 aggregate- compacted base, with pavement fabric. Concrete curb and gutter will not be required around the tee, and sidewalk will not required through the tee. The developer extending the street in the future shall remove the excess paving and base,place topsoil, and seed the area disturbed, construct the additional curbing so that the curb and gutter is continuous and uninterrupted from one development to another, and resurface for a distance of thirty(30') feet, including header joints, as approved by the City Engineer. When a development includes construction along State and County highways, or other heavily traveled road, the developer shall post advance-warning signs. The developer shall consult with the Yorkville Police Department concerning the types and locations of signs, and shall obtain a permit from the appropriate jurisdictional agency prior to erecting the signage. The City may require the developer to design the roadway system to include traffic-calming features. These features may include,but not be limited to, curvilinear roadways, median landscaping,traffic tables, and fog lines. If a development includes the construction or modifications of traffic signals,the new signals shall be designed to have light-emitting diode (LED)lights. The traffic signal shall also have a battery backup device. All new roadways shall be designed in accordance with IDOT Circular 95-11, or the most recently adopted IDOT standard for the design of flexible and full-depth bituminous pavements. The following minimum design criteria shall be used when applying the design method: Design period=20 years Class II Roadway Traffic Factor Equations for 80,000 lb. Vehicles 2.0%traffic growth rate AC viscosity of AC-20 Subgrade Support Rating of Fair 4 Standard Specifications for Improvements Local Residential Roadways Local Residential Roadways are intended to carry an average daily traffic (ADT)volume of less than 1000. The right-of-way width shall be 66 feet. The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class"I" Superpave mixture. The bituminous concrete binder course shall be a minimum of 2.5 inches in thickness. The aggregate stone base shall be 10 inches in thickness of clean, crushed CA-6 gradation gravel or limestone. The roadways shall be bound with B-6.12 combination concrete curb and gutter to a width of thirty feet from back of curb to back of curb (B-B). The street radius for all intersecting streets shall be a minimum of thirty feet to the back of curb. The edge of pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer. Estate Residential Roadways Estate Residential Roadways are intended to carry an average daily traffic (ADT)volume of less than 1000. The right-of-way width shall be 70 feet. The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class"I" Superpave mixture. The bituminous concrete binder course shall be a minimum of 2.5 inches in thickness. The aggregate stone base shall be ten inches in thickness of clean, crushed CA-6 gradation gravel or limestone. The roadway surface shall be 28 feet wide with two 12.5-foot wide through-lanes. The lane edges shall be striped with a four-inch thermoplastic pavement marking. The roadway up to and including the aggregate stone base shall be 32 feet wide to provide a 2-foot wide aggregate shoulder(nominal thickness of at least 12 inches), and also to allow for future widening. Mailbox turnouts will be paved,using driveway specifications to determine thickness. Minor Collector Roadways Minor Collector Roadways are intended to carry 1000-2500 ADT. The right-of-way width shall be 70 feet. The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a minimum of 4.5 inches in thickness. The aggregate stone base shall be 12 inches in thickness of clean, crushed CA-6 gradation gravel or limestone. The roadways shall be bound with B-6.12 combination concrete curb and gutter to a width of 34 feet B-B. The street radius for all intersecting streets shall be a minimum of thirty feet to the back of curb. Minor collector roadways may provide direct access to adjacent private lots. The edge of pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer. Collector Roadways and Commercial/Industrial Roadways Collector Roadways are intended to carry 2500-12,000 ADT. The right-of-way width shall be 80 feet. These design standards shall also apply to all roadways directly serving commercial or industrial zoned areas. The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a minimum of 4.5 inches in thickness. The aggregate stone base shall be 12 inches in thickness of clean, crushed CA-6 gradation gravel or limestone. The roadways shall be bound with B-6.12 combination concrete curb and gutter to a width of 39 feet B-B. The street radius for all intersecting streets shall be a minimum of 40 feet to the back of curb. Collector roadways shall not provide direct access to adjacent lots in residential-zoned areas. The edge of pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer. 5 Standard Specifications for Improvements Major Collector Roadways Major Collector Roadways are intended to carry more than 12,000 ADT. The right-of-way width shall be 100 feet. The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class"I" Superpave mixture. The bituminous concrete binder course shall be a minimum of six inches in thickness(2 lifts required). The aggregate stone base shall be 16 inches in thickness of clean, crushed CA-6 gradation gravel or limestone. The roadways shall be bound with B-7.18 combination concrete curb and gutter to a width of 51 feet(four 12-foot lanes)B-B. The City Engineer may require an additional 12-foot center turn lane, as deemed appropriate. The street radius for all intersecting streets shall be a minimum of 50 feet to the back of curb. The edge of pavement shall be cleaned and sealed wit rubberized asphalt cement hot-poured joint sealer. An alternative bituminous base course may be approved by the City Engineer, and B6-18 or B6- 24 combination concrete curb and gutter may be required,based upon specific site drainage needs. Boulevards Boulevard-style roadways shall have a minimum width of 28 feet B-B for approaches to intersections. The minimum pavement width in other areas shall be 20 feet B-B. SIDEWALK Non-reinforce, concrete sidewalks will be required on both sides of all roadways. They shall be a minimum of four(4') feet wide where four(4') feet wide walks now exist, and five (5') feet wide in all other locations. All sidewalks shall be five(5") inches in thickness. They will be a minimum of six (6") inches in thickness across driveway approaches. All sidewalks shall have an aggregate base of CA 7, with a minimum thickness of two inches (five inches across driveway approaches). All concrete shall be Class X, with a minimum of five(5%)percent air- entrainments. Sidewalks shall slope two (2%)percent towards the street. Approved curing and sealing compounds are required, as specified previously for concrete curb and gutter. The back of the sidewalk shall be placed twelve(12") inches from the right-of-way line, unless directed otherwise. The sidewalk shall have a light broom finish. Formed contraction joints are required, at a spacing of five (5') feet. Expansion joint material, one-half inch in thickness, and full-depth, shall be placed every 100 feet. The subgrade for the sidewalk shall be uniform, neat, and compacted to a minimum 90% modified proctor. Spalling or chips will not be allowed to be patched. All such areas will be removed from contraction joint to contraction joint, and replaced. All sidewalks will be in place prior to acceptance of the public improvements by the City, which includes in front of vacant lots. These areas must be protected during future construction. No sidewalks are required in Estate-residential subdivisions. However, in the event sidewalks are not provided, a paved trail that abuts every lot must be provided,that meets the City's standards, specifically a ten(10') foot width, with an exit and entrance identification, consisting of two (2") inches of asphalt on eight(8") inches of CA6 aggregate. Dedicated easements at least fifteen (15') feet wide must be provided for the trail. 6 Standard Specifications for Improvements DRIVE APPROACHES Drive approaches must be constructed to one of the following: 1. Six inches, minimum of Class X concrete, with a minimum of five (5%)percent air- entrainment, over six inches minimum CA6 aggregate base over a 90%modified proctor compacted subgrade, with curing and sealing treatments, as specified above, under concrete curb and gutter. Expansion joint material, one-half(1/2")thick and full-depth, shall be installed at the curb and at the sidewalk. 2. Two inches,minimum of Class I bituminous concrete surface course, over a minimum base of eight (8")inches of CA6 aggregate over a 90%modified proctor compacted subgrade. The concrete sidewalk will be constructed through the drive approach, and any construction damage to the concrete sidewalk or curb will cause removal and replacement of those improvements. Drive approaches will not be constructed steeper than eight(8%) percent. 3. In Estate-residential subdivisions,all driveways must be paved with brick, asphalt, or concrete, and must have a concrete culvert with flared end sections. Culvert diameter shall be twelve (12") inches or greater, as required by the City. PARKWAYS AND PARK SITES All parkways,park sites, and other open spaces shall be landscaped and designed in accordance with the City of Yorkville's Landscape Ordinance and the Park Development Standards, as amended from time to time. Any existing trees within a development deemed by the Public Works Department to be dead, dying, or of an undesirable species shall be removed by the developer. The developer shall not remove or cut down any trees without the prior consent of the Public Works Department, or as indicated in the approved landscape plan. STREET LIGHTING SYSTEM All streets shall have a complete street lighting system designed by a professional engineer. A street light will be required at all intersections, all curves, at all ends of cul-de-sacs, and at a maximum spacing of 300 feet. In Estate-residential subdivisions, street lights shall be required at intersections, and at a maximum spacing of 500 feet, with lights also placed at curves and a he end of dead-end streets. The poles shall be concrete with butt-type foundations. The City Engineer may require a streetlight to be placed at other points, as may be necessary in the public interest in unusual or special conditions. They shall be located at side lot lines, and on the opposite side of the street from the water main, wherever possible, and shall be set two feet from back of curb to face of pole. Occupancy permits cannot be issued until all streetlights in that phase of the development are installed, complete, and operational. Light Distribution: Luminaries of the Type II distribution as approved by the Illuminating Engineering Society(herein termed IES) shall be used, except at intersections where Type II or Type IV IES distribution shall be used. The City Engineer may designate the lES Type V distribution luminaries be used in the public interest under unusual or special conditions. 7 Standard Specifications for Improvements Individual Control: On individual control of lights, the photoelectric control shall be mounted on top of the luminare. Line Drop: Voltage drop shall be no greater than three (3%)percent from power supply to the last pole, with no wire size smaller than No. Six (6) Type RHH or RHW Underground Service Cable(USC). All streetlights shall operate at 120 volts, except for those on major streets. Power Supply Location: Connection to the power supply shall be made to comply with Commonwealth Edison Company rules and regulations, as amended fro time to time. Conduit: All driveways, street, and sidewalk crossovers shall have two (2") inches of HD PVC conduit, used as raceways for underground cable. Underground Cable: All underground cable shall be direct-buried cable,placed at a depth at least thirty(30") inches below the normal finished grade. Three cables (Black, White, Green) shall be run from the pole to the power supply. Any underground cable broken more than once prior to Final Acceptance shall be replaced from the power source to the pole or from pole to pole. Splices: All cable on the underground cable section shall be continuous, and no splicing shall be made underground. All necessary splices shall be made above ground level. Underground Cable Location: Underground cable shall be installed in a trench not less than two feet from the back of the curb, except that in no case shall the underground cable be installed under the sidewalk. Grounding: A copper-clad ground rod shall be placed at each pole. The rod shall be minimum 5/8-inch diameter, and ten (10') feet long. Fusing: All underground feeders shall be fused at or below their rated capacity. Each standard shall contain in-line fuse holders, with proper fusing in series with each underground conductor to protect the luminare located on that pole. Maintenance Prior to Acceptance: Once streetlights are operational,the Yorkville Public Works Department shall perform normal maintenance, even though the Yorkville City Council has not accepted the streetlight system. Normal maintenance consists of investigating the cause of an outage, and repairing it if the cause is a burned out lamp, fuse, or photocell. All other repairs shall be referred to the developer. The cost of performing normal maintenance prior to acceptance by the Yorkville City Council shall be paid from a"Streetlight Normal Maintenance" deposit established by the developer prior to recording the Final Plat. The deposit shall be $300.00 per pole, or other such amount, as may be determined by the Yorkville City Council, from time to time. If the deposit proves insufficient,the developer shall replenish the deposit within thirty(30) days of written request by the City Engineer. Any unused funds shall be returned to the developer upon acceptance of the streetlight system by the Yorkville City Council. Streetlight Standard and Bracket: Local streets shall use 906 B19-AD4, American Concrete Company pole and bracket, or approved equal. Luminare shall be mounted 19'9"above the street, shall have a four(4') foot arm. The pole shall be buried a minimum of five (5') feet below grade and backfilled with crushed CA6 limestone, watered, and compacted around the butt of the pole. The bracket is to be furnished with the pole. 8 Standard Specifications for Improvements The luminare shall be a General Electric Company No. C 728 N 609, or approved equal with the 1-1/4" side mount built-in ballast. The luminaries shall be fitted with General Electric Company "Lucalox"high-pressure sodium lamps LU 150/55/D, or approved equal, with GE Company ANSI specification"S55"high-pressure sodium ballasts, or approved equal, or American Electric 115 15S RN 120 R2 DA 4B. Major Collector Streets: The lighting pole shall be Stress Crete E340-BPO-G, with Style 210 low rise tapered aluminum davit, or approved equals. The davit outreach length shall be eight (8') feet. The luminare shall be mounted thirty (30') feet above the street. The pole shall have an embedment depth of five (5') feet, and be backfilled with CA 6 limestone. The streetlight system shall be operated through controller(s) in ground-mounted cabinets. The controller and luminare shall operate at 240 volts. The controller shall be housed in a pad- mounted Type NEMA 3R enclosure. The exterior of the cabinet shall have a bronze tone powder-coat finish. The approximate dimensions of the cabinet shall be 42"H x 36"W x 12"D. A Corn Ed meter socket shall be provided on the exterior of the cabinet. The manufacturer or distributor shall guarantee streetlight standards, luminaries,ballast, lamps, and cables for their proper use, for one year, from the date of acceptance. Testing: The subdivider shall manually trigger the photocell in order to have each street light burn continuously for at least 48 hours. During this burn test, amperage readings shall be taken, and must be within ten(10%) percent of the connected load,based on equipment ratings. Parking Lot Lighting: Parking lots in areas zoned Business, Residential, or Office-Research, shall be provided with lighting necessary to achieve a minimum average of 2.0 foot-candles, as measured across the entire parking lot, and a maximum of 1.0 foot-candles, as measured at the adjoining property lines. Parking lots in areas zoned Manufacturing shall have a minimum average lighting intensity of 1.0 foot-candles,per square foot. Lighting shall be designed to avoid casting direct light or glare onto adjacent residential property. STORM SEWER SYSTEM A complete storm sewer system shall be required, consisting of closed conduits to an approved storm water storage system. All storm sewers within the public right-of-way and easements parallel to and adjacent to public right-of-way shall be reinforced concrete pipe (RCP), with a twelve (12") inch minimum diameter. Storm sewers in rear yards and side yards may be high- density polyethylene (H.D.P.E.) of a manufacturer and design,to be approved by the City of Yorkville. All roadways will have a system of inlets/catch basins,tied directly to the storm sewer. These storm water collection locations will be on both sides of the street,with a maximum longitudinal flow interval of 300 feet. All such collection points will be an inlet except the last structure before entering a storm sewer main shall be a catch basin with a two-foot sump. Catch basins or open-lid structures shall not be located over the sewer main. All backfill is to be a CA7 aggregate. All storm sewer roadway crossings from structure to structure must be backfilled with CA7 aggregate and completely encapsulated in an approved drainage fabric. In this manner, the curb subgrade,the storm crossings, and the inlets and catch basins create a roadway underdrain system for longer roadway life. 9 Standard Specifications for Improvements The City may require that storm sewers be constructed along the centerline of individual roadways at certain locations. Those locations shall normally be limited to within 100 feet of the lowest sag vertical curve of a roadway. Where these locations occur within a horizontal curve of the roadway, storm manholes shall be placed at the centerline of individual roadways. If subgrade conditions are excessively sensitive to moisture or other special conditions, a capped, perforated,plastic underdrain may be required under the curb and gutter. All stone water conduits 12"diameter and larger shall be internally televised in color just prior to City acceptance, and shall be free of defects, sags, dirt, and debris. All non-RCP stoinn sewers shall also be mandrel tested(similar to sanitary sewer testing)just prior to City acceptance. All parking lots shall be drained internally, and directed by pipe to the storm sewer. Storm sewers shall extend to the limits of the development with proper sizing, as approved by the City Engineer, based upon current and future runoff conditions,to pick up and safely carry through the development any and all upstream bypass flows. All new homes with basements or crawl spaces shall have a direct, underground conduit to the storm sewer system. Fill-in lots in areas with no storm sewer within 500 feet shall not be required to have this direct connection. Minimum depth of cover for these lines shall be 30 inches. All discharges shall have an approved automatic diverter calve immediately outside the house and a check valve inside the house. Multiple collection lines of four inch and six inch HD PVC will be allowed by an approved design. Terminal and junction points shall be at two-foot diameter precast concrete inlets with open-lid castings. The pipe from the house shall be a 2" minimum HD PVC with cemented joints. The connection to the storm sewer shall be through a neat,tight fitting,bored hole into the concrete pipe. After insertion of the sump pump discharge pipe into the concrete stoiin sewer pipe,the joint shall be sealed with hydraulic cement. In no case shall the sump pump discharge pipe extend beyond the inner surface of the concrete storm sewer pipe. Connections,however, shall be into a structure wherever practical. Individual storm sewer services shall not be required in areas of the development where soil and ground water conditions indicate that sump pumps would run very infrequently. If the developer does not wish to install storm sewer services, he shall perform soil borings at regular intervals (300' to 400' grid typical) during the Final Plan preparation stage,to determine soil types and ground water elevations. Boring locations are subject to approval by the City. Each boring shall extend at least 20 feet below existing ground elevations and be referenced to the development benchmarks. If the boring logs show granular soil and also show ground water elevations at least five (5') feet below planned basement floor elevations,then individual storm sewer services shall not be required in that area of the development. During excavation of every basement in that area,the developer shall verify(with City representative present)that the granular soil and deep ground water conditions exist. If either condition is found not to exist at a building location,the developer shall construct a storm sewer service to that building,in conformance with these Standard Specifications. 10 Standard Specifications for Improvements The design of the storm water collection system shall be for a ten(10)year storm,running just full. The only exception to this is where the receiving storm water system has less capacity and here the new system of conduits shall be designed for a five (5)year event, running just full. The minimum velocity shall be 2.5 fps and the maximum shall be 8 fps. The storm sewer pipe shall have a minimum cover of three (3') feet. Storm sewer manholes shall be five(5') feet internal diameter, constructed of reinforced concrete, and shall be placed at a maximum spacing of 500 feet. Storm sewer manholes may be four(4')feet internal diameter when the largest sewer entering/leaving the manhole is 18"diameter, and the orientation of sewers connecting to the manhole is such that there is at least 12"of precast wall between the openings provided for sewers. The use of adjusting rings is limited in height to eight(8") inches. Inlet and/or catch basin frames and grates shall be Neenah No. 3015, East Jordan No. 7010, or approved equal. Where a continuous grade is carried across an inlet or catch basin casting,the open-vaned cover shall be used,Neenah No. R-32868V, East Jordan No. EV-7520, or approved equal. All manhole castings shall be Neenah No. R-1030, East Jordan No. 105123, and Type B cover, or approved equal. All type B covers shall have"City of Yorkville"and"Stout"cast into the top, and shall be concealed pickhole type. All sections of the manholes shall be completely sealed and butyl rope, including the casting. Manholes shall no be allowed in the pavement, curb, gutter, or sidewalk. All flared end sections 15"or larger shall have grates. In Estate residential developments, a ditch shall be required on both sides of the street, and shall have a minimum profile slope of one (1%)percent(side slope 4:1 on the street side, and 3:1 on the lot side). For developments ten acres in size or larger, the developer may use computer-based methods to determine stormwater storage volumes. The specific method and parameters used in employing the method shall be subject to the approval of the City Engineer. For developments less than ten acres in size,the storm water storage system shall be designed utilizing a Modified Rational Method, as described below: 1. Q =(Cm)iA, where a run-off co-efficient or Ca is calculated for the site based upon actual proposed surface coverage. Cm then equals 1.25 times Ca. 2. The following run-off co-efficient shall be utilized as minimums: Surface C Grass .50 Asphalt/Concrete .98 Roof 1.00 Detention 1.00 3. The maximum release at the designated 100-year level is 0.15 cfs/acre. The City Engineer shall reduce this allowable release rate where the downstream accepting system is experiencing drainage problems such as the Elizabeth Street swale where all receiving discharges are limited to 0.10 cfs/acre. The outlet structure design shall address the two-year(0.04 cfs/acre) and the 25-year(0.08 cfs/acre) storm control, in addition to the 100-year event. 11 Standard Specifications for Improvements 4. When depressional compensatory storage is provided by increasing the volume of a stormwater detention basin,the maximum allowable release rates of the basin shall be reduced, as directed by the City of Yorkville to approximate the pre-development release of the depressional area, and realize the full storage potential of the enlarged basin. 5. The minimum size restrictor shall be a four-inch by twelve-inch long HD PVC pipe. The design must be designed for easy maintenance and cleaning during a storm event. The discharge shall be directly to a downstream storm sewer if one is available within a reasonable distance. If not, the discharge will be to the surface, with approved energy dissipation and downstream erosion protection. 6. The rainfall intensities to be utilized are those established by the Illinois State Water Survey's Bulletin #70, as amended for the specific City of Yorkville area. In designating the required storm water storage volumes, the maximum value calculated using the various events should be utilized. See Figure 3 for a sample calculation. 7. The storm water storage areas must have containment for twelve inches of additional storm water storage,with an approved calculated overflow area at six inches above calculated 100-year elevation. This overflow shall have an erosion concrete curtain wall, with a minimum thickness of 8 inches, a minimum depth of three feet below grade, and a length to extend a minimum of four feet beyond the limits of the overflow on either end. This wall is not to be formed, but is to be trenched or excavated into natural soil,or into the compacted fill,and is to be finished flush to the ground. 8. Storm water storage areas shall be covered by an easement, including access thereto, such that should the owner not maintain said area as necessary, the City can cause such corrections and bill the owner, including any and all administrative costs. 9. The engineering plans shall have a full sheet dedicated to the soil erosion and sedimentation control requirements for the development, including silt fencing, straw bales, drainage fabric, etc. Failure to properly maintain this system may result in major storm sewer cleaning within the site and in the offset storm system. The City reserves the right to place a hold on all building permits and inspections if the soil erosion and sedimentation control plan is not properly maintained. Keeping the streets clean is part of this plan, and failure to do so will result in these actions. The developer shall establish a Street Cleaning deposit with the City of Yorkville, in the amount of$5000.00. If the streets are not cleaned within 48 hours of a written request by the Director of Public Works,the City shall have the streets cleaned, and subtract that cost from the deposit. The developer shall replenish the deposit to the full amount if it falls to less than $1000.00. The Yorkville City Council shall return any unused portion of the deposit to the developer upon acceptance of the streets. 12 Standard Specifications for Improvements 10. The engineering plans shall have one or more full sheets dedicated to the Final Grading of the entire site. The minimum grade for all grass areas shall be two (2%) percent, except that swale areas may be at one (1%)percent if it is over an approved, piped underdrain. Slopes shall be shown with arrows at all locations from all break points. A grading plan on an 8-1/2"x 11"paper for the actual building must be submitted for each building permit submitted, and will become a part of the building permit. All top of foundation elevations will be a minimum of two (2') feet, and a maximum of three (3') feet above the street centerline elevation, measured at the center of the lot in question, unless the City Engineer directs otherwise,based on site- specific conditions. Drives must be at a minimum slope of two (2%) percent, and maximum slope of eight(8%)percent towards the curb flow line from the garage. When the forms for the foundation are ready to pour, a top of foundation elevation and location certification of a registered surveyor or engineer, as approved by the building inspector, is required prior to pouring the concrete into the forms. The tolerance here is 0.15 feet lower and 0.5 feet higher, and behind all applicable setback and easement lines. 11. Requests for an occupancy permit must include an as-built grading plan, signed and sealed by a registered land surveyor, showing the original, approved grades and slopes, along with the actual grades,just prior to the occupancy permit request. The actual grades must fall within a tolerance of 0.15 feet in order to receive an occupancy permit. Top soiling and seeding or sodding, if applicable, must be in place prior to the final grading plan. All City-incurred costs of reviewing these grading plans shall be the responsibility of the developer. Note that specific building codes, ordinances, and permitting procedures, which may be established by the United City of Yorkville, shall supersede these requirements. 12. General grading and landscaping of the storm water areas shall be designated according to the Park Development Standards,Landscape Ordinance, and these Standard Specifications. The City may require that storm water detention and retention facilities, as well as grading, landscaping, and stoiniwater collection systems,incorporate currently acknowledged Best Management Practices to improve storm water quality. Wet ponds shall have a maximum allowable depth of two feet between the normal water level and the high water level corresponding to the Ten-Year Frequency Storm. The City may require wetland-type plantings and appropriate grading around the perimeter of wet ponds. The developer shall provide a soil report,prepared by a licensed professional engineer, to determine whether or not lake lining will be required. Vertical or nearly vertical edge treatment will require an approved method, allowing a child to easily climb out of the water. Storm sewers discharging to a stormwater basin shall be designed such that the sewer invert at the discharge point is no lower than 6"below the normal water level of the basin, and the top of sewer is no lower than the ten-year high water level of the basin. 13 Standard Specifications for Improvements 13. Storm water storage basins shall operate independently of any watercourse or water body receiving the discharge from the basins. Bypass flows from upstream areas should bypass the storm water storage facility, where practical. The entire development shall be examined under the premise that all storm sewers are blocked and full when a 100-year event occurs, and the development can pass these flows without flooding homes. All overflows are to be contained within the right-of-way, or where absolutely necessary,through special drainage easements. All buildings shall have the lowest water entry a minimum of 18 inches above the elevations determined for this bypass situation. 14. Storm water detention shall not be required under the conditions listed below. The City reserves the right to require detention on any parcel of land if special circumstances exist, and to require that sewer be constructed as necessary,to carry away the storm water. a) Proposed development or re-development of the existing lots zoned single-family detached, or duplex residential, less than 2.5 acres in gross area. b) Proposed development or re-development of existing lots zoned other than single-family detached or duplex residential,that are less than 1.25 acres in gross area. WATER SYSTEM 1. All water mains shall be Class 52 ductile iron pipe, confolining to the latest specification requirements of ANSI A21.5.1. Mains shall be cement lined, in accordance with ANSI A21.4. Fittings shall conform to ANSI 21.10. Gate valves shall be resilient wedge type, conforming to the latest revised requirements of AWWA specification C509. All water mains are to be polyethylene wrapped. Main line valves 10"diameter and larger are to be installed in a vault. Smaller main-line valves shall either be installed in a vault, or have a Trench Adapter valve box, similar to those used at fire hydrants. No vaults or valve boxes shall be in the pavement or sidewalk. 2. Water services up to 3"diameter shall be type"K"copper, conforming to the latest revised specification requirement of ASTM B88. Minimum size for residential units shall be one inch in diameter. Corporation stops shall be McDonald No. 4701, Mueller H-15000, or Ford F-600. Curb stops shall be McDonald No. 6104, Mueller H-15154, or Ford B22-333m, with Minneapolis patter B-boxes, similar to McDonald N.5614 or Mueller H-10300. 3. Minneapolis type B-boxes shall be installed in the right-of-way,but not in the sidewalk or driveway. 4. Fire hydrants shall be one of the following: 1. Clow F-2545 (Medallion) 2. East Jordan 5-BR 3. Waterous WB-67-250 14 Standard Specifications for Improvements Hydrants shall have a 5-1/4"main valve assembly, one 4-1/2"pumper nozzle, and two 2-1/2"hose nozzles,with national standard threads, a national standard operating nut, and above ground break flange. The installation of the hydrant shall conform to AWWA 600 standards. Auxiliary valve boxes shall either be Trench Adapter Model Six by American Flow Control, Clow F-2546 with F-2493 cover, or approved equal. For valve boxes other than those by American Flow Control,the box shall be attached to the hydrant barrel with grip arms, as manufactured by BLR Enterprises, or approved equal. 5. Inspections and Installation: All water mains shall be designed and installed in accordance with the Standard Specifications for Water Mains in Illinois. Upon completion, water mains shall be subjected to hydrostatic pressure test of 150-psi average for up to 4 hours. Allowable recovery shall conform to the Standard Specifications for Water& Sewer Main Construction in Illinois. The water operator in charge or person authorized by the water operator in charge shall be present during all testing. The developer shall use the pressure gauge supplied by the City for the test. 6. New water main shall be disinfected in accordance with AWWA standard C601. Water will be tested to assure that 50 mg/I of CL2 is in disinfected water. Sampling shall be taken by water operator in charge or persons authorized by the water in charge. Water must pass two consecutive days of sampling tests by a state approved lab. 7. Water mains shall be minimum eight inches internal diameter, with a cover of five feet, six inches below finished grade. Wateimain stubs to hydrants shall be at least six inches internal diameter. City water mains and hydrants shall be placed of the North and West sides of the streets,unless approved otherwise the City Engineer. Valves shall be installed each second consecutive hydrant, at intersecting lines, and other locations as required, such that a minimum number of services will be affected during a main isolation. Fire hydrants shall be installed throughout the subdivision at each intersection and at intervals not exceeding the requirements of two fire hydrants serving any point of any building, or 300 feet along the roadway, whichever is more stringent. Special conditions may dictate a closer spacing,as approved. Fire hydrants shall be located on the property line, except at corners, and shall be set two feet minimum and three feet maximum from the curb back to the face of the pumper nozzle. Where there is no curb and gutter, the face of the pumper nozzle shall be between 18 inches to 20 inches above finished grade line (sidewalk to curb). Base elbow of hydrant shall be properly thrust blocked, and shall be provided with clean, washed CA7 aggregate and polyethylene covering. All hydrants and any adjustment fittings shall receive one field coat of red paint, as recommended by the manufacturer,prior to final acceptance. 8. All tees,bends, fire hydrants, and valves shall be adequately blocked with pre-cast blocks and poured in place thrust blocking against undisturbed earth. 15 Standard Specifications for Improvements 9. Services shall be equipped with corporation stop, curb stop, and buffalo box. The buffalo box shall be set in the parkway, on the centerline of the property, approximately centered between the back of sidewalk and the adjacent right-of-way line. Service trenches beneath or within two feet of proposed driveways, sidewalks, or other pavements shall be backfilled full-depth with aggregate. Except as peintitted below,the underground water service pipe and the building drain, or building sewer, shall be not less than ten feet apart horizontally, and shall be separated by undisturbed or compacted earth. The water service pipe may be placed in the same trench with the building drain and building sewer if the conditions listed below are met: A. Local conditions prevent a lateral separation of ten feet; B. The bottom of the water service pipe at all points shall be at least 18 inches above the top of the sewer line at its highest point. All water and sewer services must be inspected an approved by the building inspector prior to backfilling. C. The water service pipe shall be placed on a solid shelf, excavated at one side of the common trench, and shall have no joints from the buffalo box to the water meter inside the house; and D. The material and joints of sewer and water service pipe shall be installed in such a manner, and shall posses the necessary strength and durability to prevent the escape of solids, liquids, and gasses there from under all known adverse conditions, such as corrosion, strains due to temperature changes, settlement, vibrations, and superimposed loads. 10. Depth of bury shall be 5'6"below finish grade. No joints will be allowed between the corporation stop and the curb stop. 11. All watermain shall be looped and double fed, and shall be extended to the far limits of the development, and in size appropriate for future development, as directed by the City Engineer. Recapture and over-sizing may be applicable. 12. The developer shall reimburse the City of Yorkville for the cost of water to fill and test new watermains, and also for the cost of laboratory tests after chlorination. The water cost shall be at the bulk rate charged by the City of Yorkville at that time. The volume of water shall be calculated as the volume of two and one-half times the lengths and diameters of new wateirnains. 13. Watemmin proposed to cross existing city streets shall be constructed by directional boring. Open-cut construction shall not be allowed without the concurrence of the Director of Public Works. 14. Connections to existing watermains shall employ line stops to minimize the disruption of service to existing residents. 16 Standard Specifications for Improvements SANITARY SEWER SYSTEM A complete sanitary sewer system is required for all new development. The minimum internal size of sanitary sewer main shall be eight inches in diameter. The top of the sewer main shall be a minimum of three feet lower than the lowest floor elevation at all service connection locations,but not less than eight feet below finished grade, wherever possible. Should the sewers serving a particular development not be deep enough to serve the basement, as noted above, then overhead plumbing will be required. However, all levels of the building must be served by gravity, with only the below-grade levels being served by a pump unit. The City Engineer may require that certain buildings not have subgrade levels due to special situations. The sanitary sewer shall be extended to the development's far extremes, as directed by the City Engineer, for proper and orderly growth. The city Engineer will also direct the sizing and grades for the sewer, so as to fit the overall plan for the City. The City strongly discourages the use of lift stations,but if the City Engineer approves the use of a public lift station, the following shall be required as a minimum: A. The pumps shall be submersible, with a back up pump and well-designed wet well. B. The station building shall be a brick structure with conventional-pitched roofing and paved access. The building shall comply with all BOCA regulations, and shall be heated and ventilated. The subdivider shall follow normal building permit procedures, and pay the normal fees for construction of the lift station building C. The unit will be equipped with a back-up power source, utilizing natural gas as a fuel, and can operate on manual or fully automatic mode,complete with a variable exercise mode. D. The motor control center shall have a solid-state duplex logic. Sewage level in the wet well shall be measured with a pressure transducer. A dial-out alarm system matching that currently in use in the City shall be provided. E. The City Engineer must approve any and all lift stations, and may require other improvements. F. There shall be good-quality noise control, and all electronic components shall be explosion-proof. G. Force mains shall be sized to carry the initial,intermediate, and ultimate flow rates from the tributary area, at a velocity of between 3.0 and 6.0 feet per second. Material shall be watermain quality Ductile Iron with polyethylene encasement. Gate valves in vaults shall be constructed in the force main at intervals not exceeding 600 feet,to allow quick isolation in the event of a leak. Blow-off valves in vaults shall be constructed at high points in the force main, and shall discharge to sanitary sewers, where possible. Force mains shall be tested at 150-psi for two hours, similar to watermain testing. H. The subdivider shall maintain an inventory of each size and type fuse, relay, and other plug-in type devices used in the lift station motor control center, as recommended by the manufacturer. These items shall be housed in a wall mounted metal cabinet. The subdivider shall also supply a heavy-duty free standing metal shelf with not less than square feet of shelf space, and one (1) fire extinguisher rated for Type A, B, and C fires. I. The subdivider shall provide start-up training to the Public Works Department personnel, and shall provide three sets of Operations and Maintenance Manuals for all equipment at the lift station. J. Underground conduit shall be heavy-wall PVC. 17 Standard Specifications for Improvements K. The exterior of the wet well shall be waterproofed. The City may require the wet well to have a minimum internal diameter of up to eight feet. Sewer construction cannot start until the City Engineer has been notified by the Illinois Environmental Pollution Agency(IEPA)that approvals have been secured. Sanitary sewer pipe shall be PVC plastic pipe, with a minimum SDR 26. All pipe and fittings shall be pressure rated in accordance with ASTM D-2241 and ASTM D-3139 (per AWWA C-900)for sizes 6-15 inches. Solvent joints are not permitted. All public sanitary sewers will be air and mandrel tested(7-point minimum)by the developer, at his expense, under the supervision of the City Engineer. One copy of the report shall be forwarded to the Yorkville-Bristol Sanitary District, and one report shall be forwarded to the City Engineer. All testing will be done in conformance with the"Standard Specifications For Water and Sewer Main Construction in Illinois", current edition. All public sanitary sewers shall be internally televised in color and recorded on videotape and written log by the developer, at his expense, under the supervision of the City Engineer,to ensure that the sewers are straight, unbroken,tight, and flawless. There must be good-quality lighting for a sharp and clear image of all sewer segments. Poor quality images will result in re-televising the system, at the developer's expense. The videotape must clearly mark the segment being televised through manhole numbering, and the image must clearly identify the footage as it progresses through the pipe. One copy of the complete videotapes and written log shall be forwarded to the Yorkville- Bristol Sanitary District, and one complete set shall be forwarded to the City Engineer. All manholes will be required to be internally vacuum tested by the developer, at his expense, under the supervision of the Engineer. This test will check the integrity of the complete structure, from the invert to the casting, including all adjusting rings. One copy of the test results shall be forwarded to the Yorkville-Bristol Sanitary District,and one copy shall be forwarded to the City Engineer. Vacuum testing of each manhole shall be carried out immediately after assembly backfilling, and rough grading,and shall be witnessed and approved by the City Engineer. All lift holes shall be plugged with an approved non-shrinking grout. No grout will be placed in thehorizontal joints before testing. All pipes entering the manhole shall be plugged, taking care to securely brace the plugs from being drawn into the manhole. The test head shall be placed at the inside of the top of the casting and the seal inflated in accordance with the manufacturer's recommendations. A vacuum of ten inches of mercury shall be drawn and the vacuum pump shut off. With the valve closed,the time shall be measured for the vacuum to drop to nine inches. The manhole shall pass if the time is greater than 60 seconds for a 48- inch diameter manhole, 75 seconds for a 60-inch manhole, and 90 seconds for a 72-inch manhole. All manhole castings shall be Neenah No. R-1030 frame, East Jordan No. 105123, and Type B cover, or approved equal. If the manhole fails the initial test, necessary repairs shall be made with a non-shrink grout, while the vacuum is still being drawn. Retesting shall proceed until a satisfactory test result is obtained. If the rim of a sanitary manhole needs to be reset or adjusted after successful vacuum testing,but before the expiration oft eh one-year warranty period, it shall be sealed and adjusted properly in the presence of the City Engineer. Failure to do so will require the manhole to be vacuum tested again. 18 Standard Specifications for Improvements All manhole frames shall be Neenah No. R-1030, East Jordan No., 105123, or approved equal, with Type B covers. All Type B covers shall have"City of Yorkville" and "Sanitary"cast into the lid,and shall have concealed pick holes with a machined surface and watertight rubber gasket seals. All manhole segments, including the frame and adjusting rings, shall be set with butyl rope joint sealant. Manholes shall be minimum four-foot diameter, and shall not be located in pavement, curb, gutter, or sidewalk. All sanitary sewer manholes shall be provided with approved cast in place rubber boots (flexible manhole sleeve),having a nominal wall thickness of 3/16"with a ribbed concrete configuration and with stainless steel binding straps,properly sized and installed for all conduits. All manholes shall be reinforced precast concrete, and shall be located at intersections and spaced at a maximum interval of 300 feet, except that a closer spacing may be required for special conditions. The maximum allowable amount of adjusting rings shall be eight inches in height using as few rings as possible. All manholes shall be marked at the time of construction with a four-inch by four-inch hardwood post neatly installed vertically and with a minimum three-feet bury and a minimum four-foot exposed. The top one-foot of the post shall be neatly painted white. Wells and septic systems are allowed in Estate-residential developments that are not within 250 feet of water and/or sewer service. When each lot is within 250 feet of water and/or service,that lot may maintain their septic and/or well only until failure of the septic or well. At that time the lot must, if within 250 feet of the sewer and/or water line hook-up to the sewer and/or water, as the case may be, connect to the City utilities at the lot owner's sole expense. After connection to the City Sanitary Sewer System, individual septic fields shall be abandoned by pumping out the tank,knocking in the cover, and filling with dirt or stone in accordance with Health Department regulations. TRAFFIC STUDY A traffic study may be required, and shall include: 1. Levels of service for existing conditions; 2. Levels of service for post-construction conditions; 3. All calculations shall be conducted according to the"Highway Capacity Manual"; 4. Recommendations as to additional/limited access, additional lanes, signalization, etc. If the City of Yorkville requires a traffic study for a development, that study will be contracted for by the City, and paid for by the developer. The developer shall establish a Traffic Study deposit with the City of Yorkville,in an amount to be determined by the City Engineer. Any unused portion of the deposit shall be returned to the developer upon approval of a Final Plat or Site Plan by the City. If the land use plan of the development changes during the approval process, the developer may be required to make additional deposits to fund re-analysis and revisions to the Traffic Study. 19 Standard Specifications for Improvements The need or requirement for a traffic impact study shall be determined during the concept or preliminary planning stage of the proposed development. The developer/subdivider shall meet with City of Yorkville officials during one of these stages for the purpose of determining the traffic study requirements. When the City of Yorkville requires that a traffic study be prepared based upon the above,the study shall include, but not be limited to, addressing the following issues: INTRODUCTION: A general description of the proposed development, including it's size, location, the political jurisdiction in which the site is located,the boundary limits of the study area, and any other information needed to aide in the review of the development's traffic impacts. PROJECT DESCRIPTION: A description of the existing and proposed land uses of the development. If alternative land uses are being proposed, the highest trip generation uses shall be assigned for each land use. SITE ACCESSIBILITY: A clear and concise description of the proposed ingress/egress points to the proposed development, including a sight distance analysis. EXISTING EXTERNAL ROADWAY NETWORK: A description of the existing external roadway networking the vicinity of the proposed development,to include functional classification,primary traffic control devices, signalized intersections, roadway configurations, geometric features (curves and grades), lane usage,parking regulations, street lighting, driveways servicing sites across from or adjacent to the site, and right-of-way data. The area of influence shall be determined by the traffic generated from the site, the trip distribution of traffic, and the trip assignment of the traffic generated by the development over the surrounding area road network. EXISTING AM,PM, & TOTAL DAILY TRAFFIC VOLUMES: Existing AM,PM, and total daily traffic volumes for access driveways (if existing), intersections, and the roadway network in the site vicinity shall be determined and displayed on a graphic(s) in the final report. To determine AM and PM existing traffic volumes,machine counts and/or manual counts shall be conducted during a three-hour period of the morning, between approximately 6:00 AM to 9:00 AM of an average or typical weekday, and also between approximately 3:00 PM to 6:00 PM, on an average or typical weekday. Peak hour counts may be required on Saturday and/or Sunday,depending on the proposed land use. All AM and PM peak hour counts shall be recorded and summarized in fifteen- minute increments, and be included in the Appendix of the final report. Manual counts shall include vehicle classifications,i.e. passenger cars, single-unit, multi-unit trucks and buses. Traffic counts shall show both entering and exiting traffic at the proposed access points (if existing), in addition to turning and through traffic movements at critical intersections. TRIP GENERATION RATES AND VOLUMES: Trip generation rates and volumes for each type of proposed land use shall be determined for the AM and PM peak hours, and total daily volumes may be required on Saturday and/or Sunday, depending on the proposed land use. The trip generation rates shall be calculated from the latest data available contained in the Institute of Transportation Engineer's"Trip Generation Manual". If trip generation rates for a specific land use are not available from the"Trip Generation Manual",the United City of Yorkville shall approve the substitute rates. 20 Standard Specifications for Improvements SITE-GENERATED TRIP DISTRIBUTION& ASSIGNMENT: The most logically traveled routes in the vicinity of the development shall be used for trip distribution and assignment purposes. The directional distribution of site-generated traffic approaching and departing the development should be shown in both graphic and tabular form. All assumptions used in the determination of distribution and assignment shall be clearly stated. EXISTING,PLUS SITE-GENERATED TRAFFIC VOLUMES: Existing,plus site- generated traffic volumes for the AM and PM peak hours, and total daily traffic for access drives,intersections, and the roadway network in the site vicinity shall be determined and displayed on a graphic(s)in the final report. Traffic volumes shall show both entering and exiting traffic at the proposed access points,in addition to turning and through traffic movements at critical intersections. FUTURE TRAFFIC (EXISTING, PLUS SITE-GENERATED) VOLUMES: Future traffic (existing, plus site-generated traffic volumes) for the AM and PM peak hours, and the total daily traffic for access drives,intersections, and roadway network in the site vicinity shall be determined and displayed on a graphic(s) in the final report. Projected increases in the external (non site-related)roadway traffic must also be determined. The selection of a horizon year for which traffic operation conditions are to be characterized maybe considered as the date full build-out and occupancy is achieved. If the project is a large multi-phased development in which several stages of development activity are planned, a number of horizon years may be required, that correspond to the bringing on line of major development phases. Horizon dates should be times to coincide with major stages of the overall project, or to coincide with increments of area transportation system improvements. INTERSECTION CAPACITY ANALYSIS: Proposed access driveways and influenced intersections shall be subject to an existing,plus projected, capacity analysis.Projected traffic conditions shall include the effects of any committed developments within the influenced area. The existing and projected levels of service derived from the analysis shall be used to aid in the evaluation of design and operation alternatives of the access driveways and influenced intersections. The capacity analysis shall be in accordance with the techniques described in the most recent edition of the Transportation Research Board's"Highway Capacity Manual", Special Report 209. SIGNALIZATION WARRANTS: If it is anticipated that the development's driveway(s) or existing external non-signalized intersections will satisfy signalization warrants, a warrant analysis shall be conducted, using the projected volumes determined from the trip generation. The results of such an analysis shall be tabulated in the traffic impact study. CONCLUSIONS AND RECOMMENDATIONS: Clear and concise descriptions of the findings shall be presented in the final report. These findings shall include all recommended improvements for access facilities, internal roadways and intersections, and external roadway and intersection improvements. 21 Standard Specifications for Improvements DRIVEWAY AND PARKING LOT PAVING ALL DRIVEWAYS AND PARKING LOTS SHALL BE PAVED AS PER THE FOLLOWING SPECIFICATIONS: 1. ASPHALT: A. RESIDENTIAL Two-inch I-11 bituminous concrete surface, over eight-inches (minimum) of compacted CA6 limestone or crushed gravel. B. COMMERCIAL/INDUSTRIAL Three-inch I-11 bituminous concrete surface, over ten-inches (minimum) of compacted CA6 limestone or crushed gravel. 2. CONCRETE: A. RESIDENTIAL Six-inch Class X, over six-inches (minimum) of compacted CA6 limestone or crushed gravel. B. COMMERCIAL/INDUSTRIAL Eight-inch Class X, over eight-inches of compacted CA6 limestone or crushed gravel. 3. PAVING BRICK: A. RESIDENTIAL Paving brick over one inch of sand and eight inches of compacted CA6 limestone or crushed gravel. 4. SEALCOAT: A. COMMERCIAL/INDUSTRIAL An A3 seal coat, as defined by the IDOT's Standard Specifications for Road and Bridge Construction, may be allowed on areas behind the building, when used as a temporary surface, not to exceed three years, after which it must be paved to the above specifications. The same base should be ten inches (minimum) of compacted CA6 limestone or crushed gravel. 22 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ACKLJ ACKLAND, JEFF 013004 01/30/04 01 DENTAL ASSISTANCE 0111050005205 02/24/04 840.00 INVOICE TOTAL: 840.00 VENDOR TOTAL: 840.00 AKKRAMER ATTORNEY DANIEL J. KRAMER FEB-BLACKBERRY 02/02/04 01 BLACKBERRY CREEK STUDY 0122061005300 02/24/04 500.00 INVOICE TOTAL: 500.00 FEB-BLDG DEPT 02/02/04 01 LEGAL REVIEW - COUNTY INSPECT 0111061005300 02/24/04 100.00 INVOICE TOTAL: 100.00 FEB-BOUNDRY 02/02/04 01 ELDAMAIN ROAD J/T AGREEMENT 0122061005300 02/24/04 75.00 INVOICE TOTAL: 75.00 FEB-BRUELL 02/02/04 01 BRUELL ST/LAND ACQ. & EASEMENT 3700062005401 02/24/04 575.00 INVOICE TOTAL: 575.00 FEB-CALADONIA 02/02/04 01 CALADONIA INLAND PROJECT 0100013001372 02/24/04 1,800.00 INVOICE TOTAL: 1,800.00 FEB-COMP STORAG 02/02/04 01 BRUELL ST. PROJECT 3700062005401 02/24/04 450.00 INVOICE TOTAL: 450.00 FEB-CORLANDS 02/02/04 01 HOOVER BOY SCOUT PROJECT 0111061005300 02/24/04 600.00 INVOICE TOTAL: 600.00 FEB-COUNTRYSIDE 02/02/04 01 COUNTRYSIDE GREEN SPACE 0111061005300 02/24/04 445.00 INVOICE TOTAL: 445.00 FEB-DHUSE 02/02/04 01 WISEMAN HUGHES 0100013001372 02/24/04 430.00 INVOICE TOTAL: 430.00 FEB-EMPLOYEE 02/02/04 01 EMPLOYEE MANUAL LEGAL REVIEW 0111061005300 02/24/04 1,575.00 INVOICE TOTAL: 1,575.00 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE ## INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AKKRAMER ATTORNEY DANIEL J. KRAMER FEB-FOX HILL 02/02/04 01 SSA - FOX HILL 0122061005300 02/24/04 260.00 INVOICE TOTAL: 260.00 FEB-GO-TANS 02/02/04 01 PROGRESSIVE HOLDINGS/GO-TANE 0100013001372 02/24/04 700.00 INVOICE TOTAL: 700.00 FEB-GRIESMAN 02/02/04 01 BRUELL ST. PROJECT 3700062005401 02/24/04 1,010.00 INVOICE TOTAL: 1,010.00 FEB-HEARTLAND 02/02/04 01 HEARTLAND SUBDIVION 0100013001372 02/24/04 18.00 INVOICE TOTAL: 18.00 FEB-HOLIDMAN 02/02/04 01 COUNTRYSIDE INTERCEPTOR 3700062005401 02/24/04 225.00 INVOICE TOTAL: 225.00 FEB-HUGHES 02/02/04 01 WATER EASEMENT/HUGHES 4100061005300 02/24/04 900.00 INVOICE TOTAL: 900.00 FEB-INTGOVN 02/02/04 01 J/T ELDAMAIN ROAD 0122061005300 02/24/04 450.00 INVOICE TOTAL: 450.00 FEB-KENDALL CNT 02/02/04 01 R.E. TAXES - LEGAL 0111061005300 02/24/04 260.00 INVOICE TOTAL: 260.00 FEB-KIMBALL 02/02/04 01 KIMBALL HILL 0100013001372 02/24/04 300.00 INVOICE TOTAL: 300.00 FEB-KRITZBERG 02/02/04 01 KRITZBERG ANNEXATION 0100013001372 02/24/04 680.00 INVOICE TOTAL: 680.00 FEB-LABERG 02/02/04 01 LABERGE ZONING 0100013001372 02/24/04 645.00 INVOICE TOTAL: 645.00 FEB-LIBRARY 02/02/04 01 LIBRARY FINANCE/LEGAL RESEARCH 0111061005300 02/24/04 140.00 INVOICE TOTAL: 140.00 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AKKRAMER ATTORNEY DANIEL J. KRAMER FEB-LIQUOR 02/02/04 01 LIQUOR ORDINANCE REVISIONS 0111061005300 02/24/04 120.00 INVOICE TOTAL: 120.00 FEB-LODESTRO 02/02/04 01 LODESTRO ZONING ORDINANCE 0100013001372 02/24/04 170.00 INVOICE TOTAL: 170.00 FEB-MAXWELL 02/02/04 01 ANEX AGREEMENT KGS 0111061005300 02/24/04 610.00 INVOICE TOTAL: 610.00 FEB-MENARDS 02/02/04 01 MENARDS RESIDENTIAL 0100013001372 02/24/04 140.00 INVOICE TOTAL: 140.00 FEB-MONTALBANO 02/02/04 01 LONGFORD LAKES/MONTALBANO 0100013001372 02/24/04 140.00 INVOICE TOTAL: 140.00 FEB-MPI 02/02/04 01 GRANDE RESERVE PROJECT 0100013001372 02/24/04 540.00 INVOICE TOTAL: 540.00 FEB-MULHERN 02/02/04 01 REINERT/ZONING MULHERN APTS 0100013001372 02/24/04 100.00 INVOICE TOTAL: 100.00 FEB-ORDINANCE 02/02/04 01 ORDINANCE VIOLATIONS 0111061005300 02/24/04 534.00 02 HOOVER BOY SCOUTS 0122061005300 840.00 INVOICE TOTAL: 1,374.00 FEB-OVERLAY 02/02/04 01 OVERLAY DISTRICT ORDINANCE 0111061005300 02/24/04 80.00 INVOICE TOTAL: 80.00 FEB-PARK BOARD 02/02/04 01 COUNTRYHILLS PARK 0111061005300 02/24/04 200.00 INVOICE TOTAL: 200.00 FEB-PLAN COMM. 02/02/04 01 RESTRUCTURING PLANNING COMM. 0122061005300 02/24/04 360.00 INVOICE TOTAL: 360.00 FEB-POLICE DEPT 02/02/04 01 POLICY REVIEW POLICE DEPT 0121061005300 02/24/04 637.50 INVOICE TOTAL: 637.50 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AKKRAMER ATTORNEY DANIEL J. KRAMER FEB-POLLUTION 02/02/04 01 POLLUTION CONTROL ORDINANCE 0122061005300 02/24/04 380.00 INVOICE TOTAL: 380.00 FEB-POST OFFICE 02/02/04 01 POST OFFICE PROJECT 0122061005300 02/24/04 210.00 INVOICE TOTAL: 210.00 FEB-RAINTREE 02/02/04 01 RAINTREE VILLAGE PROJECT 0100013001372 02/24/04 2,950.00 INVOICE TOTAL: 2,950.00 FEB-RUNGE 02/02/04 01 INLAND/RUNGE PROPERTY 0100013001372 02/24/04 935.00 INVOICE TOTAL: 935.00 FEB-SANDERS 02/02/04 01 CITY VS SANDERS 0111061005300 02/24/04 645.00 INVOICE TOTAL: 645.00 FEB-SCHOOL FEE 02/02/04 01 PLANO/SCHOOL FEE AMEND. 0122061005300 02/24/04 200.00 INVOICE TOTAL: 200.00 FEB-SENIOR 02/02/04 01 NEW DIRECTION PROJECT 0100013001372 02/24/04 450.00 INVOICE TOTAL: 450.00 FEB-STEPHENS 02/02/04 01 EASEMENT BRUELL ST. 3700062005401 02/24/04 220.00 INVOICE TOTAL: 220.00 FEB-WATER TOWER 02/02/04 01 N. TOWER PROJECT 4100061005300 02/24/04 1,320.00 INVOICE TOTAL: 1,320.00 FEB-WCC 02/02/04 01 LEGAL REVIEW LAND ACQUISTION 0111061005300 02/24/04 450.00 INVOICE TOTAL: 450.00 FEB-WESTBURY 02/02/04 01 WESTBURY PROJECT 0100013001372 02/24/04 1,845.00 INVOICE TOTAL: 1,845.00 FEB-YRK HILL 02/02/04 01 YORKVILLE HILL LANDSCAPE/ANNEX 0100013001372 02/24/04 320.00 INVOICE TOTAL: 320.00 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE ## INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AKKRAMER ATTORNEY DANIEL J. KRAMER FEB/HEARTLND 02/02/04 01 HEARTLAND CIRCLE-R. MARKER 0100013001372 02/24/04 350.00 INVOICE TOTAL: 350.00 VENDOR TOTAL: 26,884.50 ALLVAC ALL VAC 21435 02/09/04 01 VACUUM REPAIR 0111065005804 02/24/04 63.14 INVOICE TOTAL: 63.14 VENDOR TOTAL: 63.14 ATLAS ATLAS BOBCAT 318121 12/31/03 01 TRAVEL TIME-REPAIR 0141062005408 02/24/04 164.00 INVOICE TOTAL: 164.00 VENDOR TOTAL: 164.00 ATSFP AURORA TRI STATE 013306 01/26/04 01 EXTINGUISHER SERVICE/PURCHASE 0121065005804 02/24/04 78.20 INVOICE TOTAL: 78.20 VENDOR TOTAL: 78.20 ATT AT&T 012404 01/24/04 01 AT&T 0111062005436 02/24/04 83.70 02 AT&T 0121062005436 83.70 03 AT&T 5100062005436 83.70 INVOICE TOTAL: 251.10 012504 01/25/04 01 AT&T 0111062005436 02/24/04 9.81 02 AT&T 0121062005436 9.81 03 AT&T 5100062005436 9.80 INVOICE TOTAL: 29.42 VENDOR TOTAL: 280.52 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR ## DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AUTOSP AUTOMOTIVE SPECIALTIES, INC. 3309 01/08/04 01 REPAIR 01' FORD F350 TRUCK 0141062005408 02/24/04 1,258.26 INVOICE TOTAL: 1,258.26 VENDOR TOTAL: 1,258.26 BKFD BRISTOL KENDALL FIRE DEPART. 300219 05/18/03 01 POLICE DEPT. TRANSPORT 0111065005800 02/24/04 139.00 INVOICE TOTAL: 139.00 VENDOR TOTAL: 139.00 BRADYT BRADY, THERESA 121703 12/17/03 01 MINTUES 0111062005401 02/24/04 75.00 INVOICE TOTAL: 75.00 VENDOR TOTAL: 75.00 BRDGEINT BRIDGE STREET INTERIORS 9196 01/28/04 01 BLINDS-CNCIL CHAMBERS& FIN DIR 0111065005800 02/24/04 490.00 INVOICE TOTAL: 490.00 VENDOR TOTAL: 490.00 CENLIME CENTRAL LIMESTONE COMPANY, INC 011204 01/12/04 01 CA6 5200065005817 02/24/04 427.92 INVOICE TOTAL: 427.92 VENDOR TOTAL: 427.92 COMED COMMONWEALTH EDISON 012204C 01/22/04 01 ELECTRICITY 5100062005435 02/24/04 8,320.72 INVOICE TOTAL: 8,320.72 012404 01/24/04 01 ELECTRICITY 0141062005435 02/24/04 1,537.40 INVOICE TOTAL: 1,537.40 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE ## INVOICE ITEM VENDOR ## DATE ## DESCRIPTION ACCOUNT 4 P.O. 4 DUE DATE ITEM AMT COMED COMMONWEALTH EDISON 020204 02/02/04 01 ELECTRICITY 0141062005435 02/24/04 19.77 INVOICE TOTAL: 19.77 020304 02/03/04 01 ELECTRICITY 0141062005435 02/24/04 167.94 INVOICE TOTAL: 167.94 020404 02/04/04 01 ELECTRICITY 0141062005435 02/24/04 165.10 INVOICE TOTAL: 165.10 020404A 02/04/04 01 ELECTRICITY 0141062005435 02/24/04 342.59 INVOICE TOTAL: 342.59 020404D 02/04/04 01 ELECTRICITY 0141062005435 02/24/04 284.53 INVOICE TOTAL: 284.53 13104 01/31/04 01 ELECTRICITY 0141062005435 02/24/04 1,778.45 INVOICE TOTAL: 1,778.45 VENDOR TOTAL: 12,616.50 CONCENTR CONCENTRA MEDICAL CENTERS 52875/60044 01/20/04 01 LAB FEES 0121062005431 02/24/04 327.50 INVOICE TOTAL: 327.50 VENDOR TOTAL: 327.50 CONDESGN CONSERVATION DESIGN FORUM 2941 02/05/04 01 GRANDE RESERVE 0100013001372 02/24/04 1,368.75 INVOICE TOTAL: 1,368.75 2942 02/05/04 01 WINDETT RIDGE/WISEMAN HUGHES 0100013001372 02/24/04 225.00 INVOICE TOTAL: 225.00 2943 02/05/04 01 PROJECT REVIEW PROCESS 0122062005401 02/24/04 623.40 INVOICE TOTAL: 623.40 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT CONDESGN CONSERVATION DESIGN FORUM 2944 02/05/04 01 RUNGE FARM 0100013001372 02/24/04 168.75 INVOICE TOTAL: 168.75 2945 02/05/04 01 LAY COM 0100013001372 02/24/04 1,181.25 INVOICE TOTAL: 1,181.25 VENDOR TOTAL: 3,567.15 COYPETTY CITY OF YORKVILLE PETTY CASH 020504 02/05/04 01 PARKING/TOLLS 0111064005605 02/24/04 17.35 02 NEXTEL CLIP 0111062005438 3.96 03 DEPT. HEAD LUNCHEON 0111078009004 20.00 04 YEDC LUNCHEON 0111064005605 64.74 INVOICE TOTAL: 106.05 VENDOR TOTAL: 106.05 COYPRJT CITY OF YORKVILLE JAN/FEB 02/11/04 01 JAN & FEB TRANSFERS 1500099009960 02/24/04 9,665.50 INVOICE TOTAL: 9,665.50 VENDOR TOTAL: 9,665.50 DUTEK DU-TEK, INC. 2021 01/22/04 01 HYDRO HOSES 0141062005408 02/24/04 306.00 INVOICE TOTAL: 306.00 2023 01/23/04 01 HYD. HOSES 0141062005408 02/24/04 29.88 INVOICE TOTAL: 29.88 VENDOR TOTAL: 335.88 EEI ENGINEERING ENTERPRISES, INC. 28081 01/28/04 01 FEDERAL GRANT APPLICATION 4100061005401 02/24/04 165.75 INVOICE TOTAL: 165.75 00'580'9 :'-MOS HOIOANI 00"580'9 tO/6Z/ZO ZLETOOETOOOTO ?INKL ESIVM GH/VAT-IH HN TO 60/8Z/TO 56082 00'669'5 :rIKIOI HOIOANI 00'669'5 60/62/20 OT6500T9000T6 L "ON TTM TO 60/8Z/TO E608Z 00'ETE'E =rIKIOI HOIOANI 00'ETE'E 60/6Z/Z0 OT6S00T9000T6 NOIIKIS AZId/dE HIIIOS TO 60/8Z/To Z608Z 00''OS ''IK,LO,L HOIOANI oo'60s 6o/6Z/Z0 T06500T9000T6 SIS7rIVNF7 ONIIIS TIM MOI'ITHS To 60/8Z/To 06082 OS'866'T :rIKIOI HJIOANI 05'866'T 60/62/20 ZL£TOOETOOOTO SMOQKHW SN RIHdSIHM TO 60/8Z/TO 68082 O5'996'ZT :rIKIOI HOIOANI OS'996'ZT 6O/6Z/Z0 ZLETOOETOOOTO HA2IHSHN HQNVIO TO 60/8Z/TO 88082 00'TZ9 :rIKIOI HOIOANI 00'TZ9 6o/6Z/Z0 ZL£TOOETOOOTO HOKrIIIA HHHINIKH TO 60/8Z/TO L808Z 00'L6Z :rIKIOI HOIOANI 00'L6Z 60/62/20 T06SOOT9000T6 HSNOdH2I NOIIK'IOIA wmayd TO 60/8Z/TO 9808Z 5L'866 :rIKIOI HOIOANI SL'866 60/62/20 ZLETOOET000TO HOK`PIIA ANf1HISHM TO 60/8Z/TO 5808Z 5L'869'8 :rIVIOI HOIOANI 5L'869'8 6O/6Z/Z0 OT6SOOT9000T6 NIVN 2IHIKM NOWWH NKA '4 rInIIW TO 60/SZ/TO 68082 00'O5T'E :rIKIOI HOIOANI OO'OST'E 6O/6Z/Z0 0TtS00T9000Tb NIVNHHIKM 'IS 7INH2IrI TO 60/8Z/To E808Z 5L'TL6 :rIKIOI HOIOANI SL'TL6 60/62/20 T06500T900OTb WVNSONd NVOrI SMd KdHI TO 6o/SZ/TO Z808Z 'SNI 'SHSI2Id2IHINH ONRIHHNIONH IHH INV WHII HIKQ Hfa # "O'd # INROJOK NOIIdI2IOSHG # SIAM # 2IOGNHA WHII HOIOANI # HOIOANI 6002/6Z/Z0 HNO3HH/NO H G SHOIOANI MOM"OOOT66dK :aI I2IOdHN Q2IKOS rIIKIRG 60:EZ:TT :HWII 6 'HOVE HrIrIIA?F OT 30 ALIO QHIINf1 6O/ZT/Z0 :HIKQ DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 11:23:09 DETAIL BOARD REPORT I ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR ## DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT EEI ENGINEERING ENTERPRISES, INC. 28097 01/28/04 01 WELL NO 8 0100013001372 02/24/04 2,130.00 INVOICE TOTAL: 2,130.00 28098 01/28/04 01 WELL 8 & 9 TREATMENT FACILITY 0100013001372 02/24/04 14,195.90 INVOICE TOTAL: 14,195.90 28099 01/28/04 01 ROUTE 34 WATERMAIN 0100013001372 02/24/04 5,191.17 INVOICE TOTAL: 5,191.17 28100 01/28/04 01 CALEDONIA 0100013001372 02/24/04 2,831.25 INVOICE TOTAL: 2,831.25 28101 01/28/04 01 GRANDE RESERVE ROADYWAY 0100013001372 02/24/04 54,140.31 INVOICE TOTAL: 54,140.31 28102 01/28/04 01 FAXON ROAD PLATS 0115062005401 02/24/04 6,916.50 INVOICE TOTAL: 6,916.50 28103 01/28/04 01 WATER DISTRIBUTION SYSTEM MAPS 4100061005401 02/24/04 1,674.00 INVOICE TOTAL: 1,674.00 28104 01/28/04 01 WELL NO 7 4100061005410 02/24/04 13,287.96 INVOICE TOTAL: 13,287.96 28105 01/28/04 01 SOUTH WATER STORAGE TANK 4100061005410 02/24/04 5,580.86 INVOICE TOTAL: 5,580.86 VENDOR TOTAL: 149,411.95 ELAN ELAN FINANCIAL SERVICES 020304 02/03/04 01 A.O.L. 0111062005436 02/24/04 23.90 02 A.O.L. 5100062005436 47.80 03 A.O.L. 0121062005436 23.90 04 RECREATION A.O.L. 0100013001372 23.90 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 11:23:09 DETAIL BOARD REPORT I ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ELAN ELAN FINANCIAL SERVICES 020304 02/03/04 05 NEXTEL RADIO CHARGERS 5100062005438 02/24/04 69.38 06 GFOA CONFERENCE 0111064005604 310.00 07 CONFERENCE HOTEL CHARGE 0121064005605 458.63 08 CHARGER/BATTERIES 5100062005438 334.66 09 GET WELL - SORENSEN 0111064005607 41.02 10 SEMINAR 0115064005604 61.00 11 REC WINTER FUND DAY SUPPLIES 0100013001372 127.00 12 REC DESK FILES/ORGANIZER 0100013001372 152.26 13 PARKS CONFERENCE HOTEL CHARGE 0100013001372 124.09 14 GASOLINE 0121065005812 40.70 15 ENDEAVOUR REFILL 0121065005804 43.54 16 TUITION 0121064005608 1,321.88 17 GET WELL - BESCO 0111064005607 41.40 18 REC WINTER FUN DAY SUPPLIES 0100013001372 118.65 19 REC ANIMAL FINGER PUPPETS 0100013001372 31.60 20 RECREATION 04' JOB FAIR 0100013001372 75.00 21 RECREATION SKATE PARTY 0100013001372 250.00 22 RECREATION NRPA MEMBERSHIP 0100013001372 320.00 23 GET WELL - MUNNS 0111064005607 31.76 24 LATE FEE/FINANCE CHARGES 0111065005800 108.13 25 AASHTO PUBLICATION 0115064005616 75.00 INVOICE TOTAL: 4,255.20 VENDOR TOTAL: 4,255.20 FIRST FIRST PLACE RENTAL FP143590 02/05/04 01 BROOM/SHOVEL/HANDLE 5100065005804 02/24/04 128.46 INVOICE TOTAL: 128.46 VENDOR TOTAL: 128.46 FLINT FLINT TRADING, INC. 54298 01/08/04 01 MANHOLE PROTECTORS 5200062005419 02/24/04 313.30 INVOICE TOTAL: 313.30 VENDOR TOTAL: 313.30 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT FOXRIDGE FOX RIDGE STONE 1056 01/13/04 01 GRAVEL 5100065005817 02/24/04 681.13 INVOICE TOTAL: 681.13 VENDOR TOTAL: 681.13 FRIDDLES FRIDDLE, STACEY 012904 01/29/04 01 DENTAL ASSISTANCE 0111050005205 02/24/04 196.00 INVOICE TOTAL: 196.00 VENDOR TOTAL: 196.00 GLOBAL GLOBAL COMPUTER SUPPLIES 44006585 01/20/04 01 ACCESS 2003 CD 5100075007002 02/24/04 208.59 INVOICE TOTAL: 208.59 VENDOR TOTAL: 208.59 GNEIL G*NEIL 7396479 01/20/04 01 LABOR LAW SERVICE 0121065005804 02/24/04 42.99 INVOICE TOTAL: 42.99 VENDOR TOTAL: 42.99 GRAINCO GRAINCO FS., INC. 013104 01/31/04 01 DIESEL FUEL 0141065005812 02/24/04 2,078.07 INVOICE TOTAL: 2,078.07 VENDOR TOTAL: 2,078.07 GRTAMLES GREATAMERICA LEASING CORP. 3590686 01/27/04 01 COPIER LEASE 0111062005412 02/24/04 1,616.00 INVOICE TOTAL: 1,616.00 VENDOR TOTAL: 1,616.00 HACH HACH COMPANY DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT HACH HACH COMPANY 3732129 01/26/04 01 TEST KITS 5100065005804 02/24/04 188.75 INVOICE TOTAL: 188.75 VENDOR TOTAL: 188.75 HENNE HENNE CONSTRUCTION & ELECTRIC 22825 01/13/04 01 HVAC MAINT. CHECK 1600075007200 02/24/04 130.00 INVOICE TOTAL: 130.00 23547 01/06/04 01 CHESTNUT LANE AND DRIVE 0141062005415 02/24/04 149.00 INVOICE TOTAL: 149.00 23548 01/06/04 01 1402-1404 SEQUOIA DRIVE 0141062005415 02/24/04 120.66 INVOICE TOTAL: 120.66 23594 01/13/04 01 ROUTE 34 & 47 0141062005414 02/24/04 46.70 INVOICE TOTAL: 46.70 23595 01/13/04 01 WIRE/BULBS 0141062005415 02/24/04 805.20 INVOICE TOTAL: 805.20 23629 01/28/04 01 RESET FURNACE-REC DEPT 1600075007200 02/24/04 75.00 INVOICE TOTAL: 75.00 VENDOR TOTAL: 1,326.56 HOLSEPT HOLLEY SEPTIC SERVICE 1783 01/22/04 01 PUMP PARKS & RECREATION 5200062005422 02/24/04 100.00 INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 ICCI INTERNATIONAL CODES 20040201 01/31/04 01 JANUARY BUILDING INSPECTIONS 0111061005314 02/24/04 38,891.00 INVOICE TOTAL: 38,891.00 VENDOR TOTAL: 38,891.00 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ICE ICE MOUNTAIN 04A8105151347 01/31/04 01 BOTTLED WATER 0121065005804 02/24/04 95.50 INVOICE TOTAL: 95.50 VENDOR TOTAL: 95.50 IEPAFSSR IL EPA WATER TESTING 01/01/04 01 WATER SAMPLES 5100065005822 02/24/04 7,110.00 INVOICE TOTAL: 7,110.00 VENDOR TOTAL: 7,110.00 ILAWWA ISAWWA 95TH MEETING 01/31/04 01 95TH ANNUAL CONFERENCE 5100064005604 02/24/04 350.00 INVOICE TOTAL: 350.00 VENDOR TOTAL: 350.00 ILEPA ILLINOIS E.P.A. PROJECT#L171153 01/26/04 01 SSES IEPA LOAN PAYMENT 4200066006055 02/24/04 53,525.35 INVOICE TOTAL: 53,525.35 VENDOR TOTAL: 53,525.35 JCPCCORP JCPC CORPORATION REFUND 02/11/04 01 DEPOSIT REFUND 0100013001372 02/24/04 880.50 INVOICE TOTAL: 880.50 VENDOR TOTAL: 880.50 JEWEL JEWEL-OSCO 010704 01/07/04 01 SUPPLIES 5200065005802 02/24/04 12.51 INVOICE TOTAL: 12.51 012804 01/28/04 01 DOG FOOD 0121065005804 02/24/04 16.49 INVOICE TOTAL: 16.49 VENDOR TOTAL: 29.00 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT JLELEC J & L ELECTRONIC SERVICE, INC. 76702 01/15/04 01 RECLAIBRATE TRANSMITTER 0121062005409 02/24/04 63.75 INVOICE TOTAL: 63.75 76715 01/15/04 01 REPAIR CAMERA M11 0121062005409 02/24/04 27.50 INVOICE TOTAL: 27.50 76716 01/15/04 01 REPAIRE SPOTLIGHT M1 0121062005409 02/24/04 41.25 INVOICE TOTAL: 41.25 76737 01/23/04 01 REPLACE BROKEN CORD M4 0121062005409 02/24/04 42.50 INVOICE TOTAL: 42.50 76744 01/15/04 01 REPAIR DOME LIGHT M8 0121062005409 02/24/04 33.00 INVOICE TOTAL: 33.00 76754 02/05/04 01 ADJUST FREQUENCY M4 0121062005409 02/24/04 63.75 INVOICE TOTAL: 63.75 VENDOR TOTAL: 271.75 KCEDC KENDALL COUNTY FEB 02/01/04 01 JAN & FEB EDC PAYMENTS 4200066006051 02/24/04 15,542.88 INVOICE TOTAL: 15,542.88 VENDOR TOTAL: 15,542.88 KCHHS KENDALL COUNTY HEALTH NOV FITNESS 12/01/03 01 DUTY EVALUATION 0121062005429 02/24/04 250.00 INVOICE TOTAL: 250.00 VENDOR TOTAL: 250.00 KENPR KENDALL PRINTING 11647 01/27/04 01 BUSINESS CARDS - GRAFF 0111065005809 02/24/04 39.50 INVOICE TOTAL: 39.50 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT KENPR KENDALL PRINTING 11675 02/03/04 01 #10 ENVELOPES 0111065005809 02/24/04 77.35 INVOICE TOTAL: 77.35 VENDOR TOTAL: 116.85 KOPY KOPY KAT COPIER 16701 01/26/04 01 STAPLE CARTRIDGES 0111065005802 02/24/04 51.00 INVOICE TOTAL: 51.00 26777 02/03/04 01 4 MONTHS COPY CHARGES 0111065005809 02/24/04 1,746.71 INVOICE TOTAL: 1,746.71 26781 02/03/04 01 4MTH COPY CHARGES -LOWER LEVEL 0111065005809 02/24/04 356.52 INVOICE TOTAL: 356.52 26783 02/03/04 01 COPY COST 0121065005804 02/24/04 292.33 INVOICE TOTAL: 292.33 26784 02/03/04 01 COPY COST 0121065005804 02/24/04 80.10 INVOICE TOTAL: 80.10 VENDOR TOTAL: 2,526.66 LANDMRK LANDMARK AUTOMOTIVE 021004 02/10/04 01 REPLACE BELT M5 0121062005409 02/24/04 39.95 INVOICE TOTAL: 39.95 VENDOR TOTAL: 39.95 LAWSON LAWSON PRODUCTS 1613879 01/08/04 01 SCREEN/TAPE/GLOVES/SILICONE 0141075005419 02/24/04 307.09 INVOICE TOTAL: 307.09 1628131 01/13/04 01 CARRIAGE BOLTS 0141075005419 02/24/04 73.28 INVOICE TOTAL: 73.28 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT LAWSON LAWSON PRODUCTS 1633549 01/14/04 01 NUTS/WASHERS 0141075005419 02/24/04 56.24 INVOICE TOTAL: 56.24 1666230 01/23/04 01 AEROSOL RACK/CABINET 5100065005804 02/24/04 415.89 INVOICE TOTAL: 415.89 VENDOR TOTAL: 852.50 LODESTRO LODESTRO, PETER REFUNDS 10/08/03 01 REFUND LEGAL/PLANNER FEES 0100013001372 02/24/04 712.50 INVOICE TOTAL: 712.50 VENDOR TOTAL: 712.50 MENARDS MENARDS INC. 85107 01/29/04 01 MASK/TAPE/LEAF BAGS 0121065005804 02/24/04 11.69 INVOICE TOTAL: 11.69 86420 02/07/04 01 VHS TAPES/BATTERIES 0121065005804 02/24/04 23.95 INVOICE TOTAL: 23.95 VENDOR TOTAL: 35.64 MILSCJ MILSCHEWSKI, JACKIE 020304 02/03/04 01 MINTUES 0111062005401 02/24/04 168.75 INVOICE TOTAL: 168.75 VENDOR TOTAL: 168.75 MORTON MORTON SALT 103783 02/04/04 01 SALT 1500065005818 02/24/04 12,583.67 INVOICE TOTAL: 12,583.67 VENDOR TOTAL: 12,583.67 NATLWTR NATIONAL WATERWORKS, INC. DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT NATLWTR NATIONAL WATERWORKS, INC. 1005546 01/29/04 01 METERS 5100075007508 02/24/04 417.00 INVOICE TOTAL: 417.00 58799 01/28/04 01 METERS 5100075007508 02/24/04 945.00 INVOICE TOTAL: 945.00 76351 01/21/04 01 METERS 5100075007508 02/24/04 5,428.00 INVOICE TOTAL: 5,428.00 79772 01/19/04 01 METERS 5100075007508 02/24/04 196.64 INVOICE TOTAL: 196.64 91465 01/23/04 01 METERS 5100075007508 02/24/04 189.53 INVOICE TOTAL: 189.53 VENDOR TOTAL: 7,176.17 NCI NORTHWEST COLLECTORS INC 123103 12/31/03 01 COLLECTIONS 5100062005401 02/24/04 48.29 INVOICE TOTAL: 48.29 VENDOR TOTAL: 48.29 NCL NCL EQUIPMENT SPECIALTIES 5988 01/22/04 01 HINGE/POWER PLUG 5200065005804 02/24/04 22.02 INVOICE TOTAL: 22.02 VENDOR TOTAL: 22.02 NICOR NICOR GAS 020404 02/04/04 01 NATURAL GAS 0111078009002 02/24/04 497.32 INVOICE TOTAL: 497.32 020604 02/06/04 01 NATURAL GAS 0111078009002 02/24/04 533.72 INVOICE TOTAL: 533.72 VENDOR TOTAL: 1,031.04 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT OFFWORK OFFICE WORKS 013104 01/31/04 01 INKCARTRIDGES 0122065005804 02/24/04 27.75 02 TAPE/INK/STAMP/COPIER PAPER 0111065005802 162.89 03 INKCARTRIDGES/CD'S 0115065005802 74.61 04 LABELS/SEALS 5100065005804 57.99 INVOICE TOTAL: 323.24 48449I 02/03/04 01 OIL SHREDDER 0121065005802 02/24/04 45.38 INVOICE TOTAL: 45.38 48466 02/04/04 01 SHREDDER BAGS 0121065005802 02/24/04 37.80 INVOICE TOTAL: 37.80 VENDOR TOTAL: 406.42 PARADISE PARADISE CAR WASH 013104 01/31/04 01 PD CAR WASHES 0121062005409 02/24/04 31.70 INVOICE TOTAL: 31.70 VENDOR TOTAL: 31.70 PFPETT P.F. PETTIBONE & CO. 5451 12/22/03 01 RACIAL PROFILING STICKERS 0121065005809 02/24/04 248.05 INVOICE TOTAL: 248.05 5965 01/26/04 01 CITATION & COMPLAINT TICKETS 0121065005809 02/24/04 888.60 INVOICE TOTAL: 888.60 VENDOR TOTAL: 1,136.65 PRELUDE PRECISION LUBE 013104 01/31/04 01 OIL CHAGES - PD 0121062005409 02/24/04 140.00 02 OIL CHANGE - ENG. 0141062005409 20.00 INVOICE TOTAL: 160.00 VENDOR TOTAL: 160.00 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 11:23:09 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE ## DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT QUILL QUILL CORPORATION 6518987 02/03/04 01 DESK REFILL/INKJET CARTRIDGES 0121065005802 02/24/04 126.45 INVOICE TOTAL: 126.45 VENDOR TOTAL: 126.45 RELIABLE RELIABLE COMPUTER SERVICES 450 02/05/04 01 COOLING FAN 5200075007002 02/24/04 14.95 INVOICE TOTAL: 14.95 VENDOR TOTAL: 14.95 RJKUHN R.J. KUHN INC. 13910 01/15/04 01 REPLACE 2 1/2" PORT 5100075007507 02/24/04 190.00 INVOICE TOTAL: 190.00 VENDOR TOTAL: 190.00 ROCKHRST ROCKHURST UNIVERSITY 650260245-001 01/26/04 01 TUITION-DIEDERICH 0121064005604 02/24/04 395.00 INVOICE TOTAL: 395.00 VENDOR TOTAL: 395.00 SBC SBC 012504E 01/25/04 01 POLICE DEPT FAX 0121062005436 02/24/04 41.70 INVOICE TOTAL: 41.70 012504G 01/25/04 01 PUMP HOUSE 5100062005436 02/24/04 69.87 INVOICE TOTAL: 69.87 012504H 01/24/04 01 LIFT STATION 5100062005436 02/24/04 23.38 INVOICE TOTAL: 23.38 012504J 01/25/04 01 ADMINISTRATION FAX 0111062005436 02/24/04 75.12 INVOICE TOTAL: 75.12 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 11:23:10 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SBC SBC 012504K 01/25/04 01 LIFT STATION 5100062005436 02/24/04 35.61 INVOICE TOTAL: 35.61 012504Q 01/25/04 01 POLICE DEPT 0121062005436 02/24/04 19.15 INVOICE TOTAL: 19.15 012504R 01/25/04 01 PUMP HOUSE 5100062005436 02/24/04 28.36 INVOICE TOTAL: 28.36 012504S 01/25/04 01 POLICE DEPT 0121062005436 02/24/04 59.71 INVOICE TOTAL: 59.71 012504T 01/25/04 01 CITY HALL 0111062005436 02/24/04 939.96 02 CITY HALL 0121062005436 939.96 03 CITY HALL 5100062005436 939.95 INVOICE TOTAL: 2,819.87 VENDOR TOTAL: 3,172.77 SCHOPPE SCHOPPE DESIGN ASSOC. 10860 01/23/04 01 DHUSE PROPERTY 0100013001372 02/24/04 2,505.00 INVOICE TOTAL: 2,505.00 10888 01/23/04 01 CORNERSTONE 0100013001372 02/24/04 95.00 INVOICE TOTAL: 95.00 10889 01/23/04 01 CALEDONIA PARK 0122062005430 02/24/04 3,541.02 INVOICE TOTAL: 3,541.02 10890 01/23/04 01 BRISTOL CLUB 0100013001372 02/24/04 172.50 INVOICE TOTAL: 172.50 10894 01/23/04 01 YORKVILLE BUSINESS CENTER #24 0100013001372 02/24/04 460.00 INVOICE TOTAL: 460.00 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 11:23:10 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SCHOPPE SCHOPPE DESIGN ASSOC. 10895 01/23/04 01 YORKVILLE MARKET SQUARE 0100013001372 02/24/04 1,265.00 INVOICE TOTAL: 1,265.00 10896 01/23/04 01 101 E. SOMONAUK ST. 0100013001372 02/24/04 1,150.00 INVOICE TOTAL: 1,150.00 10897 01/23/04 01 YORKVILLE BUSINESS CENTER #13 0100013001372 02/24/04 230.00 INVOICE TOTAL: 230.00 10898 01/23/04 01 EARTHMOVER CREDIT UNION 0100013001372 02/24/04 205.00 INVOICE TOTAL: 205.00 10899 01/23/04 01 YORKVILLE BUSINESS CENTER #19 0100013001372 02/24/04 460.00 INVOICE TOTAL: 460.00 10900 01/23/04 01 WINDETT RIDGE 0100013001372 02/24/04 345.00 INVOICE TOTAL: 345.00 10901 01/23/04 01 MENARDS RESIDENTIAL 0100013001372 02/24/04 115.00 INVOICE TOTAL: 115.00 10902 01/30/04 01 GRAND RESERVE 0100013001372 02/24/04 6,382.50 INVOICE TOTAL: 6,382.50 10903 01/30/04 01 HILL LANDSCAPING 0100013001372 02/24/04 1,537.50 INVOICE TOTAL: 1,537.50 10904 01/30/04 01 KRITZBERG ZONING 0100013001372. 02/24/04 95.00 INVOICE TOTAL: 95.00 10905 01/30/04 01 FOX HILL POD 10 0100013001372 02/24/04 2,582.03 INVOICE TOTAL: 2,582.03 10906 01/30/04 01 KYLYN'S RIDGE 0100013001372 02/24/04 1,922.50 INVOICE TOTAL: 1,922.50 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 11:23:10 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SCHOPPE SCHOPPE DESIGN ASSOC. 10907 01/30/04 01 HEARTLAND CIRCLE 0100013001372 02/24/04 460.00 INVOICE TOTAL: 460.00 10911 02/03/04 01 RAINTREE VILLAGE 0100013001372 02/24/04 810.00 INVOICE TOTAL: 810.00 10913 02/03/04 01 REINHART PROJECT 0100013001372 02/24/04 4,101.51 INVOICE TOTAL: 4,101.51 10914 02/03/04 01 LAND CASE PLANNING 0122062005430 02/24/04 1,667.50 INVOICE TOTAL: 1,667.50 10915 02/03/04 01 MENARDS LANDSCAPING 0100013001372 02/24/04 172.50 INVOICE TOTAL: 172.50 10916 02/03/04 01 SILVER FOX 0100013001372 02/24/04 1,080.00 INVOICE TOTAL: 1,080.00 10917 02/03/04 01 SEXTON PROPERTY 0100013001372 02/24/04 287.50 INVOICE TOTAL: 287.50 10918 02/03/04 01 SCHOOL FACILITY PLANNING 0122062005401 02/24/04 5,400.00 INVOICE TOTAL: 5,400.00 10919 02/03/04 01 RUNGE PROPERTY 0100013001372 02/24/04 2,345.00 INVOICE TOTAL: 2,345.00 10920 02/03/04 01 REINHERT PROJECT 0100013001372 02/24/04 1,260.34 INVOICE TOTAL: 1,260.34 FEB-P.U.D. 02/02/04 01 P.U.D. REVISIONS 0122062005401 02/24/04 1,695.00 INVOICE TOTAL: 1,695.00 VENDOR TOTAL: 42,342.40 SERVMASC SERVICEMASTER COMMERCIAL DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 11:23:10 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SERVMASC SERVICEMASTER COMMERCIAL 122400 01/31/04 01 JANITORIAL SERVICE 1600062005416 02/24/04 380.40 INVOICE TOTAL: 380.40 VENDOR TOTAL: 380.40 SEYFARTH SEYFARTH, SHAW, FAIRWEATHER 936707 01/31/04 01 POLICE LEGAL FEES 0121061005300 02/24/04 1,447.50 02 CITY LEGAL FEES 0111061005300 3,206.85 INVOICE TOTAL: 4,654.35 VENDOR TOTAL: 4,654.35 SFBCT SOUTHWEST FOX VALLEY CABLE 020304 02/03/04 01 CABLE CONSORTIUM FEE 0111062005404 02/24/04 9,609.23 INVOICE TOTAL: 9,609.23 VENDOR TOTAL: 9,609.23 SHELL SHELL OIL CO. 65159923402 02/03/04 01 660 GAL GASOLINE 0141065005812 02/24/04 1,103.08 INVOICE TOTAL: 1,103.08 VENDOR TOTAL: 1,103.08 SOFT SOFTWARE PERFORMANCE 108080 01/28/04 01 PREMIO WORKSTATION & MONITOR 0121062005410 02/24/04 1,668.00 INVOICE TOTAL: 1,668.00 VENDOR TOTAL: 1,668.00 STEVENS STEVEN'S SILKSCREENING 28693 01/12/04 01 SHIRTS-REMOVE/REPLACE PATCHES 0121062005421 02/24/04 25.00 INVOICE TOTAL: 25.00 VENDOR TOTAL: 25.00 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 11:23:10 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT TAPCO TRAFFIC & PARKING CONTROL INC 191692 01/06/04 01 SIGNS 1500065005818 02/24/04 89.22 INVOICE TOTAL: 89.22 191693 01/06/04 01 SIGNS 1500065005818 02/24/04 22.95 INVOICE TOTAL: 22.95 192003 01/13/04 01 SIGNS 1500065005818 02/24/04 101.83 INVOICE TOTAL: 101.83 192823 01/30/04 01 SIGNS 1500075007007 02/24/04 550.00 INVOICE TOTAL: 550.00 192824 01/30/04 01 SIGNS 1500075007007 02/24/04 562.70 INVOICE TOTAL: 562.70 193013 02/03/04 01 SIGNS 1500075007007 02/24/04 788.36 INVOICE TOTAL: 788.36 193014 02/03/04 01 SIGNS 1500075007007 02/24/04 831.03 INVOICE TOTAL: 831.03 VENDOR TOTAL: 2,946.09 ULTSCHC CAROL ULTSCH REFUND 02/06/04 01 REFUND LEGAL/PLANNER FEES 0100013001372 02/24/04 670.00 INVOICE TOTAL: 670.00 VENDOR TOTAL: 670.00 UNIFIED UNIFIED SUPPLY 88317 12/29/03 01 WIRE 0141062005440 02/24/04 111.60 INVOICE TOTAL: 111.60 88405 12/31/03 01 HEATER/THERMOSTATE/BRACKETS 5100062005408 02/24/04 355.19 INVOICE TOTAL: 355.19 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 11:23:10 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT UNIFIED UNIFIED SUPPLY 88495 01/06/04 01 PIGTAILS 2100075007015 02/24/04 14.31 INVOICE TOTAL: 14.31 88894 01/22/04 01 BLADES 5100062005408 02/24/04 14.48 INVOICE TOTAL: 14.48 VENDOR TOTAL: 495.58 UPS UNITED PARCEL SERVICE 012404 01/24/04 01 SHIPPING 5100065005808 02/24/04 98.16 INVOICE TOTAL: 98.16 013104 01/31/04 01 SHIPPING 5100065005808 02/24/04 41.02 INVOICE TOTAL: 41.02 VENDOR TOTAL: 139.18 WARREN WARREN GARAGE DOOR 020404 02/04/04 01 BEARING ASSEMBLY 1600075007203 02/24/04 81.00 INVOICE TOTAL: 81.00 VENDOR TOTAL: 81.00 WASTE WASTE MANAGEMENT 1911804-2011-6 02/01/04 01 2,612 UNITS - GARBAGE SERVICE 0154062005442 02/24/04 35,889.08 INVOICE TOTAL: 35,889.08 VENDOR TOTAL: 35,889.08 WAUBONSE WAUBONSEE COMMUNITY COLLEGE 101210 02/05/04 01 TUITION-CERNEKEE/GROESCH 0121064005606 02/24/04 534.00 INVOICE TOTAL: 534.00 VENDOR TOTAL: 534.00 WEBLINX WEBLINX INCORPORATED DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 27 TIME: 11:23:10 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT WEBLINX WEBLINX INCORPORATED 1428 02/04/04 01 WEB SITE MAINTENANCE 0111062005401 02/24/04 100.00 INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 WELDSTAR WELDSTAR 907766 01/14/04 01 ACETYLENE/OXYGEN 0141075005419 02/24/04 118.74 INVOICE TOTAL: 118.74 VENDOR TOTAL: 118.74 WHOLTIRE WHOLESALE TIRE 013104 01/31/04 01 BRAKES/SHOCKS/BATTERY/STARTER 0121062005409 02/24/04 705.81 INVOICE TOTAL: 705.81 VENDOR TOTAL: 705.81 WTRPRD WATER PRODUCTS, INC. 167024 01/21/04 01 REPAIR CLAMPS 5100065005804 02/24/04 903.07 INVOICE TOTAL: 903.07 167143 01/29/04 01 REPAIR CLAMPS 5100065005804 02/24/04 152.58 INVOICE TOTAL: 152.58 VENDOR TOTAL: 1,055.65 WYETH WYETH, HEITZ & BROMBEREK 020104 02/01/04 01 LAY-COM ANNEXATION 0100013001372 02/24/04 960.00 INVOICE TOTAL: 960.00 VENDOR TOTAL: 960.00 YOLIBRAR YORKVILLE PUBLIC LIBRARY DEC/JAN PPRT 01/31/04 01 DEC & JAN PPRT TAX 0100040004010 02/24/04 1,054.15 INVOICE TOTAL: 1,054.15 VENDOR TOTAL: 1,054.15 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 11:23:10 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT YOPOSTW YORKVILLE POSTMASTER 020104 02/01/04 01 POSTAGE FOR WATER BILLS 5100065005808 02/24/04 700.00 INVOICE TOTAL: 700.00 VENDOR TOTAL: 700.00 YOREC YORKVILLE RECREATION DEPT 020104 02/01/04 01 JAN & FEB TRANSFER 0111099009941 02/24/04 10,052.66 INVOICE TOTAL: 10,052.66 022804 02/11/04 01 JAN & FEB TRANSFERS 0111099009940 02/24/04 98,304.00 INVOICE TOTAL: 98,304.00 VENDOR TOTAL: 108,356.66 YORKACE YORKVILLE ACE & RADIO SHACK 013104 01/31/04 01 SNOW BRUSH 0115065005801 02/24/04 3.99 02 GLOVES/SWITCH 0141075005419 21.48 03 MAILBOXES/DRILL 0141065005815 309.99 04 SHOP SUPPLIES 5200065005805 259.43 INVOICE TOTAL: 594.89 VENDOR TOTAL: 594.89 YOSCHOL YORKVILLE SCHOOL DIST #115 DEC/JAN LAND CS 01/31/04 01 DEC & JAN LAND CASH 9500078009011 02/24/04 68,116.50 INVOICE TOTAL: 68,116.50 VENDOR TOTAL: 68,116.50 YRKAUTO YORKVILLE AUTO PARTS 013104 01/31/04 01 FILTERS/SWITCHES/VALVES 0141062005408 02/24/04 127.54 02 WIPER BLADES 0121062005408 52.67 INVOICE TOTAL: 180.21 VENDOR TOTAL: 180.21 DATE: 02/12/04 UNITED CITY OF YORKVILLE PAGE: 29 TIME: 11:23:10 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/24/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT YRKSTORG YORKVILLE SELF STORAGE, INC JAN/FEB 02/11/04 01 JAN & FEB STORAGE RENT 1600075007203 02/24/04 300.00 INVOICE TOTAL: 300.00 VENDOR TOTAL: 300.00 ZBSUPPLY ZB SUPPLY COMPANY 53797 11/13/03 01 LINERS/TOWELS/SIPES/DUSTER 0111065005804 02/24/04 224.32 INVOICE TOTAL: 224.32 VENDOR TOTAL: 224.32 TOTAL A/P VENDORS = $648,764.40 TOTAL PAYROLL = $126 ,856„69 (See Attached) TOTAL DISBURSEMENTS = $775 ,621.09 I UNITED CITY OF YORKVILLE I_. ! I I PAYROLL SUMMARY - -- PAY DAT-T- E 2/11/041 REGULAR OVERTIME TOTAL SOC SEC 'IMRF TOTAL - ADMINISTRATION $16,090.241 $16,090.24 $O.00r I $1,230.90 ! $1,582.22 I $18,903.36 L ---- � - '-- 1 - ENGINEERING $7,313.60 $0.00' $7,313.60 $559.50__ 1 $736.48 $8 609.58 �;_ POLICE $43,292.89 t $1,382.25; $44,675.14f $3,417.631 1 L . i-- 1 $353.44 $48,446.21 PUBLIC WORKS - I $17,756.001 $2,243.84' $19,999.841 $1 530.01 $1 944.70 $- 23,474.55 $0 001 $5,058.29 $309.19_ � - $386.96� � i-- j - -- -- - .- II _I _ I $5 754.44 LIBRARY $5,058.29, RECREATION $9,079 84; $0.00 $9,079.84; $694.62 $601.23_ 1 ---- - - - � - $10 375.69 PARKS $7,815.91� $1,777.08 $9,592.99 1 I � _ ' $694.62 I $966 01� $11292.86 11 $111,809.94 C $8,514.241 r $6,493.271 _-- TOTAL: 1 $106,406.77 $5,403.17 $126,856.69 02/10/2004 12 28 FAX 630 553 5764 DANIEL J. KRAMER VJ002/003 y` t, 1 r STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) ORDINANCE NO 2004- AN ORDINANCE ABATING THE TAX HERETOFORE LEVIED FOR THE YEAR 2002 TO PAY DEBT SERVICE ON$625,000 ALTERNATE REVENUE SOURCE SERIES 2002 BOND OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS WHEREAS, THE CITY COUNCIL of the United City of Yorkville, Kendall County, Illinois (the "Issuer"), by ordinance adopted on the 12th day of March, 2002 (the "Ordinance"), did provide for the issue of $625,000 Alternate Revenue Source Series 2002 (the "Bonds"), and the levy of a direct annual tax sufficient to pay principal and interest on the Bonds; and WHEREAS, United City of Yorkville will have Pledged Revenues as defined in the Ordinance available for the purpose of paying the debt service due on the bonds during the next succeeding bond year; and WHEREAS, it is necessary and in the best interests of the United City of Yorkville that the tax heretofore levied for the year 2003 to pay such debt service on the Bonds be abated: NOW, THEREFORE. Be It and It is Hereby Ordained by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Filing of Tax. The tax heretofore levied for the year 2003 in the Ordinance is hereby abated in its entirety. Section 2. Filing of Ordinance. Forthwith upon the adoption of this ordinance, the City Clerk of the United City of Yorkville shall file a certified copy hereof 02/10/2004 12 .28 FAX 630 553 5764 DANIEL J. KRAMER 0 003/003 with the County clerk of Kendall County, Illinois, and it shall be the duty of said County Clerk(s) to abate said tax levied for the year 2003 in accordance with the provisions hereof. Section 3. Effective date. This ordinance shall be in full force and effect forthwith upon its adoption. Adopted .20 WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 20 MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 20 Attest: CITY CLERK Law Offices of CHAPMAN AND CUTLER LLP Theodore S.Chapman 111 West Monroe Street,Chicago,Illinois 60603-4080 San Francisco 1877-1943 FAX(312)701-2361 625 Market Street Henry .Cutler Telephone(312)845-3000 18799--1959 San Francisco,CA 94105 chapman.com (415)541-0500 Kelly K.Kost Salt Lake City 312-845-3875 312-516-1875 Fax 50 South Main Street Salt Lake City,Utah 84144 kost@chapman.com (B01)533-0066 February 9,2004 VIA EMAIL Ms. Traci Pleckham Finance Director United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: United City of Yorkville Kendall County, Illinois $3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B Dear Traci: For your convenience and in accordance with the information contained in the draft of the Preliminary Official Statement supplied by Speer Financial, Inc., we are enclosing a draft of the Bond Ordinance for the matter in reference. It is our understanding that the City Council will consider the Bond Ordinance at their meeting on Tuesday,February 24,2003. The draft of the Bond Ordinance can be inserted into the appropriate City Council packages prior to bond pricing. We will supply you with revised execution copies after the bond pricing for the City Council meeting. If you have any questions,please do not hesitate to contact the undersigned. Very truly yours, CHAPMAN AND CUTLER LLr k'I'0d By Kelly K. Kost KK:kd enclosures cc: Kevin McCanna (w/encls.) Dan Kramer, Esq. (w/encls.) 1639776.01.01.B 2112753 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 Building, located at 800 Game Farm Road„ in said City at 7:00 o'clock P.M., on the 24th day of February, 2004. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon roll call, the following answered present: Arthur F. Prochaska, Jr., the Mayor, and the following Aldermen at said location answered present: The following were absent: The Mayor announced that in order to finance the 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. The Mayor announced that the City Council would next consider the adoption of an ordinance entitled: AN ORDINANCE authorizing and providing for the issue of$3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B, of the United City of Yorkville, Kendall County, Illinois, for the purpose of improving the existing waterworks and sewerage system of said City, prescribing all the details of said bonds, and providing for the collection, segregation and distribution of the revenues of the combined waterworks and sewerage system of said City. 1639611.01.02 2112753•KK•2/9/04 Alderman moved that the ordinance as presented and read by title by the Clerk be adopted. Alderman seconded the motion. A City Council discussion of the matter followed. gave a public recital of the nature of the matter, which included statements (1) that the ordinance provides for the issuance of alternate bonds for the purpose of paying the costs of improving the waterworks and sewerage system of the, (2) that the bonds are issuable without referendum pursuant to the Local Government Debt Reform Act, as amended, (3) that the ordinance provides for the bonds to be paid by the waterworks and sewerage system revenues and other revenue sources, but there is also a back-up levy of property taxes to pay the bonds, and (4) that the ordinance provides many details for the bonds, including tax-exempt status covenants, provision for terms and form of the bonds, and appropriations. After the full and complete discussion thereof, the Mayor directed that the roll be called for a vote upon the motion to adopt the ordinance as read by title. Upon the roll being called, the following Aldermen voted AYE: NAY: ABSENT: ABSTAIN: Whereupon the Mayor declared the motion carried and the ordinance adopted, and henceforth did 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 City. 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 ORDINANCE NUMBER AN ORDINANCE authorizing and providing for the issue of$3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B, of the United City of Yorkville, Kendall County, Illinois, for the purpose of improving the existing waterworks and sewerage system of said City, prescribing all the details of said bonds, and providing for the collection, segregation and distribution of the revenues of the combined waterworks and sewerage system of said City. Adopted by the City Council of said City on the 24th day of February, 2004. TABLE OF CONTENTS SECTION HEADING PAGE Preambles 1 Section 1. Definitions 5 Section 2. Incorporation of Preambles 9 Section 3. Determination to Issue Bonds; Combined Utility 9 Section 4. Determination of Useful Life 9 Section 5. Bond Details 9 Section 6. Registration of Bonds; Persons Treated as Owners 11 Section 7. Redemption 15 Section 8. Redemption Procedure 16 Section 9. Form of Bond 18 Section 10. Treatment of Bonds as Debt. 25 Section 11. Creation of Waterworks and Sewerage Fund and Accounts Thereof 26 Section 12. Flow of Funds 26 Section 13. Account 29 Section 14. Sale of Bonds. 29 Section 15. Pledged Taxes;Tax Levy 30 Section 16. Filing with County Clerk 30 Section 17. Abatement of Pledged Taxes 31 Section 18. Pledged Revenues; General Covenants 32 Section 19. Future Revenue Bonds, Additional Bonds and Subordinate Bonds 34 Section 20. Defeasance 34 Section 21. Provisions a Contract 34 Section 22. Use of Proceeds 35 Section 23. Continuing Disclosure Undertaking 35 Section 24. General Tax Covenants 36 Section 25. Certain Specific Tax Covenants 37 Section 26. Pertaining to the Certificate Registrar 41 Section 27. Municipal Bond Insurance 43 Section 28. Defeasance. 43 Section 29. Superseder and Effective Date 44 -i- ORDINANCE No. AN ORDINANCE authorizing and providing for the issue of$3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B, of the United City of Yorkville, Kendall County, Illinois, for the purpose of improving the existing waterworks and sewerage system of said City, prescribing all the details of said bonds, and providing for the collection, segregation and distribution of the revenues of the combined waterworks and sewerage system of said City. 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, is now operating under the provisions of the Illinois Municipal Code, as supplemented and amended (the "Municipal Code"), and for many years past has owned and operated a combined waterworks and sewerage system (the "System") in accordance with the provisions of Division 139 of Article 11 of the Municipal Code; 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 the extension of the existing Blackberry Creek Interceptor, to be named the Countryside Interceptor, which consists of installing pipe and forcemain, the construction of a pump station and the elimination of a small lift station, and other System improvements, and engineering, legal, financial and administrative expenses related thereto (the "Project"), all in accordance with the estimate of costs therefor, which have been prepared for the City, and which have been approved by the Corporate Authorities and are now on file in the office of the City Clerk of the City (the "City Clerk") for public inspection; and WHEREAS, the estimated costs of constructing and installing the Project, including engineering, legal, financial, bond discount, printing and publication costs and other expenses is $3,500,000, and there are insufficient funds on hand and lawfully available to pay such costs; and WHEREAS, it is necessary and for the best interests of the City that the Project be; and WHEREAS, pursuant to and in accordance with the provisions of the Municipal Code, the City is authorized to issue its waterworks and sewerage revenue bonds for the purpose of providing funds to pay the costs of the Project; and WHEREAS, as provided in Section 15 of the Local Government Debt Reform Act of the State of Illinois, as supplemented and amended (the "Act"), whenever revenue bonds have been authorized to be issued pursuant to the Municipal Code, the City may issue its general obligation bonds in lieu of such revenue bonds as authorized, and such general obligation bonds may be referred to as "alternate bonds"; and WHEREAS, for the purpose of providing funds to pay the costs of the Project and in accordance with the provisions of the Act, the Corporate Authorities, on the 28th day of November, 2003, adopted Ordinance No. (the "Authorizing Ordinance"), authorizing the issuance of Waterworks and Sewerage Revenue Bonds (the "Revenue Bonds"), as provided in the Municipal Code, in an amount not to exceed $3,500,000 or in lieu thereof, authorizing the issuance of General Obligation Bonds (Alternate Revenue Source) (the "Alternate Bonds"), as provided in the Act, in an aggregate principal amount not to exceed $3,500,000; and WHEREAS, on the day of , 2003, the Authorizing Ordinance, together with a separate notice in statutory form, was published in the Kendall County Record, the same being a newspaper of general circulation in the City, and an affidavit evidencing the publication of the Authorizing Ordinance and said notice have heretofore been presented to the Corporate Authorities and made a part of the permanent records of the City; and -2- WHEREAS, more than thirty (30) days have expired since the date of publication of the Authorizing Ordinance and said notice, and no petitions with the requisite number of valid signatures thereon have been filed with the City Clerk requesting that the question of the issuance of the Revenue Bonds or the Alternate Bonds be submitted to referendum; and WHEREAS, the Project constitutes a lawful corporate purpose within the meaning of the Act; and WHEREAS, the Corporate Authorities are now authorized to issue the Revenue Bonds to the amount of$3,500,000, or, in lieu thereof, the Alternate Bonds to the amount of$3,500,000 in accordance with the provisions of the Act, and the Corporate Authorities hereby determine that it is necessary and desirable that there be issued at this time $3,500,000 of the Alternate Bonds so authorized; and WHEREAS, the Alternate Bonds to be issued will be payable from the Pledged Revenues and the Pledged Taxes, both as hereinafter defined; and WHEREAS,the Corporate Authorities have heretofore and it is hereby determined that the Revenues (as hereinafter defined) will be sufficient to provide or pay in each year to final maturity of the Alternate Bonds all of the following: (1) Operation and Maintenance Expenses as hereinafter defined, but not including depreciation, (2) debt service on all outstanding revenue bonds payable from the Revenues, (3) all amounts required to meet any fund or account requirements with respect to such outstanding revenue bonds, (4) other contractual or tort liability obligations, if any, payable from the Revenues, and (5) in each year, an amount not less than 1.25 times debt service of the Alternate Bonds proposed to be issued, there being no alternate bonds previously issued payable from the Pledged; and WHEREAS, such determination of the sufficiency of the Pledged Revenues is supported by reference to the most recent audit of the City, for the fiscal year ended April 30, 2003 (the -3- "Audit"), which Audit has been presented to and accepted by the Corporate Authorities and is now on file with the City Clerk; and WHEREAS, pursuant to and in accordance with the provisions of the Bond Issue Notification Act of the State of Illinois, the Mayor of the City (the "Mayor"), on the 18th day of November, 2003, called a public hearing (the "Hearing") for the 23rd day of December, 2003, concerning the intent of the Corporate Authorities to sell $3,500,000 General Obligation Bonds (Alternate Revenue Source); and WHEREAS, notice of the Hearing was given (i)by publication at least once not less than seven (7) nor more than thirty (30) days before the date of the Hearing in the Kendall County Record, the same being a newspaper of general circulation in the City, and(ii)by posting at least 48 hours before the Hearing a copy of said notice at the principal office of the Corporate Authorities; and WHEREAS, the Hearing was held on the 23rd day of December, 2003, and at the Hearing, the Corporate Authorities explained the reasons for the proposed bond issue and permitted persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits; and WHEREAS, the Hearing was finally adjourned on the 23rd day of December, 2003, and not less than seven (7) days have passed since the final adjournment of the Hearing; and WHEREAS, the Property Tax Extension Limitation Law of the State of Illinois, as amended by Public Act 89-385 (the "Tax Limitation Law"), imposes certain limitations on the "aggregate extension" of certain property taxes levied by the City, but provides that the definition of"aggregate extension" contained in Section 18-185 of the Tax Limitation Law does not include "extensions . . . payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act;" and -4- WHEREAS, the County Clerk of Kendall County, Illinois (the "County Clerk"), is therefore authorized to extend and collect said direct annual and valorem tax so levied for the payment of the Alternate Bonds for the Project without limitation as to rate or amount; Now, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Definitions. The following words and terms used in this Ordinance shall have the following meanings unless the context or use clearly indicates another or different meaning is intended: "Act" means the Local Government Debt Reform Act of the State of Illinois, as supplemented and amended. "Additional Bonds" means any alternate bonds issued in the future in accordance with the provisions of the Act on a parity with and sharing ratably and equally in the Pledged Revenues with the Bonds. "Alternate Bond and Interest Subaccount" means the Alternate Bond and Interest Subaccount established hereunder and further described by Section 12 of this Ordinance. "Bond" or "Bonds" means one or more, as applicable, of the $3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B, authorized to be issued by this Ordinance. "Bond Fund" means the 2004 Alternate Bond Fund established hereunder and further described by Section 16 of this Ordinance. "Bond Register" means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bonds. "Bond Registrar" means BNY Midwest Trust Company, Chicago, Illinois, or any successor thereto or designated hereunder, in its capacity as bond registrar hereunder. -5- "City" means the United City of Yorkville, Kendall County,Illinois. "City Clerk"means the City Clerk of the City. "Code" means the Internal Revenue Code of 1986, as amended. "Corporate Authorities" means the City Council of the City. "Expense Fund" means the fund established hereunder and further described P by Section 22 of this Ordinance. "Fiscal Year" means a twelve-month period beginning May 1 of the calendar year and ending on the next succeeding April 30. "Future Bond Ordinances" means the ordinances of the City authorizing the issuance of bonds payable from the Revenues, but not including this Ordinance or any other ordinance authorizing the issuance of Additional Bonds. "Mayor" means the Mayor of the City. "Municipal Code" means the Illinois Municipal Code, as supplemented and amended. "Operation and Maintenance Expenses" means all expenses of operating, maintaining and routine repair of the System, including wages, salaries, costs of materials and supplies, power, fuel, insurance, purchase of water or sewage treatment services (including all payments by the City pursuant to long-term contracts for such services) and all reasonable administrative fees and expenses; but excluding debt service, depreciation, or any reserve requirements and any costs of extending or enlarging the System or engineering expenses in anticipation thereof or in connection therewith; and otherwise determined in accordance with generally accepted accounting principles for municipal enterprise funds. "Ordinance" means this ordinance as originally adopted and as the same may from time to time be amended or supplemented. -6- "Outstanding Bonds" means Bonds and Additional Bonds which are outstanding and unpaid; provided, however, such term shall not include Bonds or Additional Bonds (i) which have matured and for which moneys are on deposit with proper paying agents, or are otherwise properly available, sufficient to pay all principal and interest thereof, or (ii) the provision for payment of which has been made by the City by the deposit in an irrevocable trust or escrow of funds or direct, full faith and credit obligations of the United States of America or obligations guaranteed by the United States Government, the principal and interest of which will be sufficient to pay at maturity or as called for redemption all the principal of and interest and applicable premium on such Bonds or Additional Bonds. "Paying Agent" means BNY Midwest Trust Company, Chicago, Illinois, or any successor thereto or designated hereunder, in its capacity as paying agent hereunder. "Pledged Moneys" means, collectively, Pledged Revenues and Pledged Taxes as both are defined herein. "Pledged Revenues" means (i) moneys to the credit of the Alternate Bond and Interest Subaccount within the Surplus Account of the Waterworks and Sewerage Fund, said Surplus Account consisting of the funds remaining in the Waterworks and Sewerage Fund after the required monthly deposits and credits have been made to the Operation and Maintenance Account, the Depreciation Account and any other accounts as may be created in the future, of said Waterworks and Sewerage Fund and, (ii) all collections distributed to the City pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (c) 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 (iii) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose.. -7- "Pledged Taxes" means the ad valorem taxes levied against all of the taxable property in the City without limitation as to rate or amount,pledged hereunder by the City as security for the Bonds. "Project" means the additions and improvements to the System set forth in detail in the preambles to this Ordinance. "Project Fund" means the fund established hereunder and further described by Section 22 of this Ordinance. "Revenues" means all income from whatever source derived from the System, including (i) investment income; (ii) connection,permit and inspection fees and the like; (iii)penalties and delinquency charges; (iv) capital development, reimbursement, or recovery charges and the like; and (v) annexation or pre-annexation charges insofar as designated by the Corporate Authorities as paid for System connection or service; but excluding expressly (a)non-recurring income from the sale of property of the System; (b) governmental or other grants; and (c) advances or grants made from the City; and as otherwise determined in accordance with generally accepted accounting principles for municipal enterprise funds. "System" refers to all property, real, personal or otherwise owned or to be owned by the City or under the control of the City, and used for waterworks and sewerage purposes, including the construction, additions and improvements constituting a part of the Project and any and all further extensions, improvements and additions to the System. "Treasurer" means the Treasurer of the City. "Waterworks and Sewerage Fund" or "Fund" means the Waterworks and Sewerage Fund of the City created and established by this Ordinance. -8- Section 2. 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 3. Determination to Issue Bonds; Combined Utility. It is necessary and in the best interests of the City to construct the Project for the public health, safety and welfare, in accordance with the estimate of costs, as described, and that the System continue to be operated as a combined utility, all in accordance with the provisions of the Municipal Code and the Act. Section 4. Determination of Useful Life. The Corporate Authorities do hereby determine the period of usefulness of the System to be not less than 25 years from the date hereof. Section S. Bond Details. For the purpose of paying the cost of the Project and the Refunding, there shall be issued and sold the Bonds in the principal amount of$3,500,000. The Bonds shall each be designated "General Obligation Bond (Alternate Revenue Source), Series 2004B", shall be dated March 1, 2004, and shall also bear the date of authentication, shall be in fully registered form, shall be in denominations of$5,000 each and authorized integral multiples thereof(but no single Bond shall represent installments of principal maturing on more than one date), shall be numbered 1 and upward, and shall become due and payable serially (with the option of redemption as hereinafter provided) on December 30 of each of the years, in the amounts and bearing interest at the rate or rates percent per annum as follows: YEAR OF PRINCIPAL RATE OF MATURITY AMOUNT INTEREST 2005 $120,000 2006 125,000 % 2007 135,000 % 2008 140,000 % 2009 145,000 % 2010 155,000 % 2011 160,000 -9- 2012 170,000 % 2013 280,000 % 2014 375,000 % 2015 395,000 % 2016 410,000 % 2017 435,000 % 2018 455,000 The Bonds shall bear interest from their date or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of the Bonds is paid, such interest(computed upon the basis of a 360-day year of twelve 30-day months)being payable on the June 30 and December 30 of each year, commencing on June 30, 2004. Interest on each Bond shall be paid by check or draft of the Paying Agent, payable upon presentation in lawful money of the United States of America, to the person in whose name such Bond is registered at the close of business on the 15th day of the month of the interest payment date or 15 days preceding any interest payment date occasioned by the redemption of Bonds on other than the 30th day of the month. The principal of(and premium,if any, on) the Bonds shall be payable in lawful money of the United States of America upon presentation thereof at the principal corporate trust office of the Paying Agent in Chicago, Illinois, or at a successor Paying Agent and address. The Bonds shall be signed by the manual or facsimile signature of the Mayor, and shall be attested by the manual or facsimile signature of the City Clerk, and the corporate seal of the City shall be affixed thereto or printed thereon, and in case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shall have thereon a certificate of authentication substantially in the form hereinafter set forth duly executed by the Bond Registrar as authenticating agent of the City for this issue and showing the date of authentication. No Bond shall be valid or obligatory for any -10- 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 Bond Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The certificate of authentication on any Bond shall be deemed to have been executed by the Bond Registrar if signed by an authorized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued hereunder. Section 6. Registration of Bonds; Persons Treated as Owners. (a) General. The City shall cause books for the registration and for the transfer of the Bonds as provided in this Ordinance to be kept at the principal corporate trust office of the Bond Registrar, which is hereby constituted and appointed the registrar of the City for this issue. The City is authorized to prepare, and the Bond Registrar shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Upon surrender for transfer of any Bond at the principal corporate trust office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument or instruments of transfer in form satisfactory to the Bond Registrar and duly executed by the registered owner or his attorney duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of the same maturity of authorized denominations, for a like aggregate principal amount. Any fully registered Bond or Bonds may be exchanged at said office of the Bond Registrar for a like aggregate principal amount of Bond or Bonds of the same maturity of other authorized denominations. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond;provided, however, the principal amount -11- of outstanding Bonds of each maturity authenticated by the Bond Registrar shall not exceed the authorized principal amount of Bonds for such maturity less previous retirements. The Bond Registrar shall not be required to transfer or exchange any Bond during the period from the close of business on the 15th day of the calendar month of an interest payment date on the Bonds or during the period of 15 days preceding the giving of notice of redemption of Bonds or to transfer or exchange any Bond all or a portion of which has been called for redemption. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. No service charge shall be made for any transfer or exchange of Bonds, but the City or the Bond 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 Bonds, except in the case of the issuance of a Bond or Bonds for the unredeemed portion of a Bond surrendered for redemption. al be initiallyissued in the form of a (b) Global Book-EntrySystem. The Bonds shall 3 separate single fully registered Bond for each of the maturities of the Bonds determined as described in Section 5 hereof. Upon initial issuance, the ownership of each such Bond shall be registered in the Bond Register in the name of Cede& Co., or any successor thereto ("Cede"), as nominee of The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). All of the outstanding Bonds shall be registered in the Bond Register in the name of Cede, as nominee of DTC, except as hereinafter provided. The Mayor, City Clerk and -12- Treasurer and the Bond Registrar are each authorized to execute and deliver, on behalf of the City, such letters to or agreements with DTC as shall be necessary to effectuate such book-entry system (any such letter or agreement being referred to herein as the "Representation Letter"), which Representation Letter may provide for the payment of principal of or interest on the Bonds by wire transfer. With respect to Bonds registered in the Bond Register in the name of Cede, as nominee of DTC, the City and the Bond Registrar shall have no responsibility or obligation to any broker- dealer, bank or other financial institution for which DTC holds Bonds from time to time as securities depository (each such broker-dealer, bank or other financial institution being referred to herein as a "DTC Participant") or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the City and the Bond Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any amount with respect to the principal of or interest on the Bonds. The City and the Bond Registrar may treat and consider the person in whose name each Bond is registered in the Bond Register as the holder and absolute owner of such Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Bond Registrar shall pay all principal of and interest on the Bonds only to or upon the order of the respective registered owners of the Bonds, as shown in the Bond -13- Register, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to payment of the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of a Bond as shown in the Bond Register, shall receive a Bond evidencing the obligation of the City to make payments of principal and interest with respect to any Bond. Upon delivery by DTC to the Bond Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede, and subject to the provisions in Section 5 hereof with respect to the payment of interest to the registered owners of Bonds at the close of business on the 15th day of the month next preceding the applicable interest payment date,the name "Cede"in this Ordinance shall refer to such new nominee of DTC. In the event that (i) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (ii) the agreement among the City, the Bond Registrar and DTC evidenced by the Representation Letter shall be terminated for any reason or (iii) the City determines that it is in the best interests of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify DTC and DTC Participants of the availability through DTC of certificated Bonds and the Bonds shall no longer be restricted to being registered in the Bond Register in the name of Cede, as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with such other depository operating a universal book-entry system, as may be acceptable to the City, or such depository's agent or designee, and if the City does not select such alternate universal book-entry system, then the Bonds may be registered in whatever name or names registered owners of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of Section 6(a)hereof. -14- Notwithstanding any other provisions of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede, as nominee of DTC, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond shall be made and given,respectively, in the name provided in the Representation Letter. Section 7. Redemption. (a) Optional Redemption. The Bonds due on and after December 30, 2014, are subject to redemption prior to maturity at the option of the City, from any available funds, in whole or in part, on any date on or after December 30, 2013, and if in part, in any order of maturity as selected by the City, and if less than an entire maturity, in integral multiples of$5,000, selected by lot by the Bond Registrar as hereinafter provided, at the redemption price of par,plus accrued interest to the redemption date. (b) Mandatory Redemption. The Bonds due on December 30, 20_, are subject to mandatory redemption, in integral multiples of$5,000 selected by lot by the Bond Registrar, at a redemption price of par plus accrued interest to the redemption date, on December 30 of the years and in the principal amounts as follows: YEAR PRINCIPAL AMOUNT The principal amounts of Bonds to be mandatorily redeemed in each year may be reduced through the earlier optional redemption thereof, with any partial optional redemptions of such Bonds credited against future mandatory redemption requirements in such order of the mandatory redemption dates as the City may determine. In addition, on or prior to the 60th day preceding any mandatory redemption date, the Bond Registrar may, and if directed by the Corporate Authorities shall, purchase Bonds required to be retired on such mandatory redemption date. Any such Bonds so purchased shall be cancelled and the principal amount -15- thereof shall be credited against the mandatory redemption required on such next mandatory redemption date. Section 8. Redemption Procedure. The City shall, at least 45 days prior to the redemption date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of the maturities and principal amounts of Bonds to be redeemed. For purposes of any redemption of less than all of the Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot not more than 60 days prior to the redemption date by the Bond Registrar for the Bonds of such maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate; provided, however, that such lottery shall provide for the selection for redemption of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or$5,000 portion. The Bond Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. Unless waived by the registered owner of Bonds to be redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by first class mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. All official notices of redemption shall include the full name of the Bonds and at least the information as follows: (a) the redemption date; -16- (b) the redemption price; (c) if less than all of the outstanding Bonds of a particular maturity are to be redeemed, the identification (and, in the case of partial redemption of Bonds within such maturity, the respective principal amounts) of the Bonds to be redeemed; (d) a statement that on the redemption date the redemption price will become due and payable upon each such Bond 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 Bonds 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. 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 Bonds or portions of Bonds which are to be redeemed on that date. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds 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 Bonds or portions of Bonds 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 Bond, 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 Bond 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 Bond 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 -17- registered owners shall be filed with the Bond 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 Bonds for redemption in accordance with said notice, such Bonds 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 Bond, there shall be prepared for the registered owner a new Bond or Bonds of like tenor, of authorized denominations, of the same maturity, and bearing the same rate of interest in the amount of the unpaid principal. If any Bond or portion of a Bond 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 Bond or portion of Bond so called for redemption. All Bonds which have been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be reissued. Section 9. Form of Bond. The Bonds shall be prepared in substantially the following form; provided, however, that if the text of any Bond is to be printed in its entirety on the front side of any Bond, then paragraph [2] and the legend, "See Reverse Side for Additional Provisions", shall be omitted and paragraphs [6] through [16] shall be inserted immediately after paragraph [1]: -18- (FORM OF BOND-FRONT SIDE) REGISTERED REGISTERED No: $ UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF KENDALL UNITED CITY OF YORKVILLE GENERAL OBLIGATION BOND (ALTERNATE REVENUE SOURCE) SERIES 2004B See Reverse Side for Additional Provisions Interest Maturity Dated Rate: % Date: December 30, Date: March 1, 2004 CUSIP: Registered Owner: CEDE& CO. Principal Amount: [1] KNOW ALL PERSONS BY THESE PRESENTS, that the United City of Yorkville, Kendall County, Illinois (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, 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 date of this Bond or from the most recent interest payment date to which interest has been paid or duly provided for at the Interest Rate per annum set forth above on June 30 and December 30 of each year, commencing June 30, 2004, until said Principal Amount is paid. The principal of this Bond is payable in lawful money of the United States of America at the principal_corporate trust office of BNY Midwest Trust Company, Chicago, Illinois, as paying agent (the "Paying Agent"). Payment of the installments of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by BNY Midwest Trust Company, Chicago, Illinois, as bond registrar (the "Bond -19- Registrar"), at the close of business on the 15th day of the month of each interest payment date and shall be paid by check or draft of the Paying Agent, 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 Bond Registrar, or as otherwise agreed by the City and Cede & Co., as nominee, or successor, for so long as this Bond is held by The Depository Trust Company, New York,New York, the Depository, or nominee, in book-entry only form as provided for same. [2] Reference is hereby made to the further provisions of this Bond 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. [3] It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Bond have been done and have happened and have been performed in regular and due form of law; that the indebtedness of the City, including the issue of Bonds of which this is one, does not exceed any limitation imposed by law; that provision has been made for the collection of the Pledged Revenues, the levy and collection of the Pledged Taxes and the segregation of the Pledged Moneys to pay the interest hereon as it falls due and also to pay and discharge the principal hereof at maturity; and that the City hereby covenants and agrees that it will properly account for the Pledged Moneys and will comply with all the covenants of and maintain the funds and accounts as provided by the Bond Ordinance. [4] This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. [5] IN WITNESS WHEREOF, said United City of Yorkville, Kendall County, Illinois, by its City Council, has caused this Bond to be signed by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its -20- City Clerk, and its corporate seal to be affixed hereto or printed hereon, all as of the Dated Date identified above. Mayor [SEAL] ATTEST: City Clerk Date of Authentication: CERTIFICATE Bond Registrar and Paying Agent: OF BNY Midwest Trust Company, Chicago, AUTHENTICATION Illinois This Bond is one of the Bonds described in the within-mentioned Ordinance and is one of the General Obligation Bonds (Alternate Revenue Source), Series 2004B, of the United City of Yorkville, Kendall County, Illinois. BNY MIDWEST TRUST COMPANY, as Bond Registrar By Authorized Officer -21- [Form of Bond- Reverse Side] UNITED CITY OF YORKVILLE KENDALL COUNTY,ILLINOIS GENERAL OBLIGATION BOND (ALTERNATE REVENUE SOURCE) SERIES 2004B [6] This bond and the bonds of the series of which it forms a part ("Bond" and "Bonds" respectively) are part of an issue of Three Million Five Hundred Thousand Dollars ($3,500,000) of like date and tenor, except as to maturity and rate of interest. The Bonds are issued pursuant to the Local Government Debt Reform Act (the "Act") and Division 139 of Article 11 of the Illinois Municipal Code (the "Municipal Code"), both as supplemented and amended, for the purpose of paying the costs of improving the Waterworks and Sewerage System of the City (the "System"). The Bonds are issued pursuant to an authorizing ordinance passed by the City Council of the City (the "Corporate Authorities") on the 25th day of November, 2003, and by a bond ordinance passed by the Corporate Authorities on the 24th day of February, 2004 (the "Bond Ordinance"), to which reference is hereby expressly made for further definitions and terms and to all the provisions of which the Registered Owner by the acceptance of this Bond assents. [7] Under the Municipal Code and the Bond Ordinance, the Revenues, as defined, from the operation of the System shall be deposited into the Waterworks and Sewerage Fund of the City which shall be used only and has been pledged for paying Operation and Maintenance Expenses, paying the principal of and interest on all bonds of the City that are payable by their terms from the revenues of the System, providing an adequate depreciation fund, and in making all payments required to maintain the accounts established under the Bond Ordinance. The City may issue future waterworks and sewerage revenue bonds, which bonds may have a prior lien on the Revenues, or additional alternate bonds on a parity with the Bonds, in each case pursuant to the terms of the Bond Ordinance. -22- [8] The Bonds are payable from (a) (i) moneys to the credit of the Alternate Bond and Interest Subaccount within the Surplus Account of the Waterworks and Sewerage Fund (the "Pledged Revenues"), said Surplus Account consisting of the funds remaining in the a Waterworks and Sewerage Fund after the required monthly deposits and credits have been made under the Bond Ordinance or future revenue bond ordinances to the various accounts of the Waterworks and Sewerage Fund, (ii) all collections distributed to the City pursuant to the State Revenue Sharing Act from those taxes imposed by the State of Illinois pursuant to subsections (a) and (c) 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 (iii) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose and (b) ad valorem taxes levied against all of the taxable property in the City without limitation as to rate or amount (the "Pledged Taxes") (the Pledged Revenues and the Pledged Taxes being collectively called the "Pledged Moneys"), all in accordance with the provisions of the Act and the Municipal Code. For the prompt payment of this Bond, both principal and interest at maturity, the full faith, credit and resources of the City are hereby irrevocably pledged. [9] Under the Act and the Bond Ordinance, the Pledged Revenues shall be deposited into and segregated in the Alternate Bond and Interest Subaccount of the Surplus Account, and the Pledged Taxes shall be deposited into and segregated in the 2004 Alternate Bond Fund, each as created by the Bond Ordinance. Moneys on deposit in said Subaccount and said Fund shall be used first and are pledged for paying the principal of and interest on the Bonds and then for any further purposes as provided by the terms of the Bond Ordinance. [10] This Bond does not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision or limitation, unless the Pledged Taxes shall have been -23- extended pursuant to the general obligation, full faith and credit promise supporting the Bonds, in which case the amount of the Bonds then outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shows that the Bonds have been paid from the Pledged Revenues for a complete Fiscal Year. [11] The outstanding Bonds are co-equal as to the lien on the Pledged Revenues for their payment and share ratably, without any preference, priority, or distinction, the one over the other, as to the source of or method of payment from the Pledged Revenues. [12] This Bond is transferable by the Registered Owner hereof in person or by his attorney duly authorized in writing at the principal corporate trust office of the Bond Registrar in Chicago, Illinois, but only in the manner, subject to the limitations and upon payment of the charges provided in the Bond Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of authorized denominations of the same maturity and for the same aggregate principal amount will be issued to the transferee in exchange therefor. [13] The Bonds are issued in fully registered form in the denomination of$5,000 each or authorized integral multiples thereof. This Bond may be exchanged at the principal corporate trust office of the Bond Registrar for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations, upon the terms set forth in the Bond Ordinance. The Bond Registrar shall not be required to transfer or exchange any Bond during the period beginning at the close of business on the 15th day of the month of any interest payment date on such Bond or during the period of 15 days preceding the giving of notice of redemption of Bonds or to transfer or exchange any Bond all or a portion of which has been called for redemption. [14] Certain of the Bonds are subject to optional [or mandatory] redemption prior to maturity as provided in the Bond Ordinance. -24- [15] Notice of any such redemption shall be given by the Bond Registrar on behalf of the City as provided in the Bond Ordinance. [16] The City, the Paying Agent and the Bond 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,the Paying Agent nor the Bond 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 Bond and does hereby irrevocably constitute and appoint as attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: The signature to this transfer and assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Section 10. Treatment of Bonds as Debt. The Bonds shall be payable from the Pledged Moneys and shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation, unless the Pledged Taxes shall have been extended pursuant to the general obligation, full faith and credit promise supporting the Bonds, as set forth in -25- Section 15 hereof, in which case the amount of the Bonds then Outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shows that the Bonds have been paid from the Pledged Revenues for a complete Fiscal Year, in accordance with the Act. Section 11. Creation of Waterworks and Sewerage Fund and Accounts Thereof. Upon the issuance of any of the Bonds,the System shall be operated on a Fiscal Year basis. All of the Revenues shall be set aside as collected and be deposited in a separate fund and in an account in a bank to be designated by the Corporate Authorities, which fund is hereby created and is desig- nated as the "Waterworks and Sewerage Fund" (the "Fund") of the City, which shall constitute a trust fund for the sole purpose of carrying out the covenants, terms, and conditions of this Ordinance and any Future Bond Ordinances, and shall be used only in paying Operation and Maintenance Expenses, providing an adequate depreciation fund, paying the principal of and interest on all bonds of the City which by their terms are payable from the revenues derived from the System, and providing for the establishment of and expenditure from the respective accounts as hereinafter described. Section 12. Flow of Funds. There shall be and there are hereby created separate accounts in the Waterworks and Sewerage Fund to be known as the "Operation and Maintenance Account," such other accounts as may be established under any Future Bond Ordinances, the "Depreciation Account," and the "Surplus Account," to which there shall be credited on or before the first day of each month by the financial officer of the City, without any further official action or direction, in the order in which said accounts are hereinafter mentioned, all moneys held in the Fund, in accordance with the following provisions: (a) Operation and Maintenance Account: There shall be credited to or retained in the Operation and Maintenance Account an amount sufficient, when added to the amount then on deposit in said Account, to establish or maintain a balance to an amount -26- not less than the amount considered necessary to pay Operation and Maintenance Expenses for the then current month. (b) Accounts Created Pursuant to Future Bond Ordinances: Future Bond Ordinances may create additional accounts in the Fund for the payment and security of waterworks and sewerage revenue bonds that hereafter may be issued by the City. Amounts in the Fund shall be credited to and transferred from said accounts in accordance with the terms of the Future Bond Ordinances. (c) Depreciation Account: Beginning the month after the delivery of the Bonds, there shall be credited to the Depreciation Account and held, in cash and investments, , such sum as the Corporate Authorities may deem necessary in order to provide an adequate depreciation fund for the System. In Future Bond Ordinances, the City may covenant to make specific monthly deposits to said Depreciation Account and to accumulate funds therein. Amounts to the credit of said Depreciation Account shall be used for (i) the payment of the cost of extraordinary maintenance, necessary repairs and replacements, or contingencies, the payment for which no other funds are available, in order that the System may at all times be able to render efficient service, (ii) for the purpose of acquiring or constructing improvements and extensions to the System, and (iii) the payment of principal of or interest and applicable premium on any Outstanding Bonds at any time when there are no other funds available for that purpose in order to prevent a default. Future Bond Ordinances may provide for additional deposits to said Depreciation Account and additional uses and transfers of the funds on deposit in said Depreciation Account. (d) Surplus Account: All moneys remaining in the Fund, after crediting the required amounts to the respective accounts hereinabove provided for, and after making up any deficiency in said accounts, shall be credited to the Surplus Account. Funds in the Surplus Account shall first be used to make up any subsequent deficiencies in any of said accounts and then shall be deposited to a separate and segregated account hereby created and designated the "Alternate Bond and Interest Subaccount of the Surplus Account" (the "Alternate Bond and Interest Subaccount"), as follows: A. There shall be paid into the Alternate Bond and Interest Subaccount in each month after the required payments have been made into the Accounts above described, a fractional amount of the interest becoming due on the next succeeding interest payment date on all Outstanding Bonds and a fractional amount of the principal becoming due on the next succeeding principal maturity date of all Outstanding Bonds until there shall have been accumulated in the Alternate Bond and Interest Subaccount on or before the month preceding such maturity date of interest or principal, an amount sufficient to pay such principal or interest, or both, of all Outstanding Bonds. -27- B. In computing the fractional amount to be set aside each month in said Alternate Bond and Interest Subaccount, the fraction shall be so computed that sufficient funds will be set aside in said Subaccount and will be available for the prompt payment of such principal of and interest on all Outstanding Bonds as the same will become due and shall be not less than one-fifth of the interest becoming due on the next succeeding interest payment date and not less than one-tenth of the principal becoming due on the next succeeding principal payment date on all Outstanding Bonds until there is sufficient money in said Subaccount to pay such principal or interest or both. C. Credits to the Alternate Bond and Interest Subaccount may be suspended in any Fiscal Year at such time as there shall be a sufficient sum, held in cash and investments, in said Subaccount to meet principal and interest requirements in said Subaccount for the balance of such Fiscal Year, but such credits shall be resumed at the beginning of the next Fiscal Year. D. All moneys in said Subaccount shall be used only for the purpose of paying interest on and principal of Bonds and Additional Bonds. E. Any funds remaining in the Surplus Account after making the aforesaid deposits to the credit of the Alternate Bond and Interest Subaccount, at the discretion of the Corporate Authorities, shall be used, first, to make up any subsequent deficiencies in any of the accounts hereinabove named; and then, for the remainder of all surplus Revenues, at the discretion of the Corporate Authorities, for one or more of the following purposes without any priority among them: 1. For the purpose of constructing or acquiring repairs, replacements, improvements or extensions to the System; or 2. For making transfers to the Fund generally to be applied and treated as Revenues when transferred; or 3. For the purpose of calling and redeeming Outstanding Bonds payable from the System which are callable at the time; or 4. For the purpose of purchasing Outstanding Bonds payable from the System; or 5. For the purpose of paying principal of and interest on any subordinate bonds or obligations issued for the purpose of acquiring or constructing repairs, replacements, improvements or extensions to the System; or -28- - I 6. For any purpose enumerated in any Future Bond Ordinance; or 7. For any other lawful System purpose. Money to the credit of the Fund or the Project Fund (as hereinafter defined) may be invested pursuant to any authorization granted to municipal corporations by Illinois statute or court decision. Section 13. Account Excesses. Any amounts to the credit of the Accounts in excess of the then current requirements therefor may be transferred at any time by the Corporate Authorities to such other Account or Accounts of the Fund as it may in its sole discretion designate. Section 14. Sale of Bonds. As soon as may be after this Ordinance becomes effective, the Bonds shall be executed and delivered to the Treasurer and be by said officer delivered to , Chicago, Illinois, the purchaser thereof(the "Purchaser"), upon receipt of the purchase price therefor, the same being $ and accrued interest to the date of delivery thereof. The contract for the sale of the Bonds (the "Purchase Contract") heretofore entered into is in all respects ratified, approved and confirmed, it being hereby found and determined that the Bonds have been sold at such price and bear interest at such rates that neither the true interest cost (yield) nor the net interest rate received upon such sale exceed the maximum rate otherwise authorized by Illinois law and that the Purchase Contract is in the best interests of the City and that no person holding any office of the City, either by election or appointment, is in any manner financially interested directly in his own name or indirectly in the name of any other person, association, trust or corporation, in the Purchase Contract. The use by the Purchaser of any Preliminary Official Statement and any final Official Statement relating to the Bonds (the "Official Statement") is hereby ratified, approved and authorized; the execution and delivery of the Official Statement is hereby authorized; and the officers of the Corporate Authorities are hereby authorized to take any action as may be required -29- on the part of the City to consummate the transactions contemplated by the Purchase Contract, this Ordinance, said Preliminary Official Statement, the Official Statement and the Bonds. Section 15. Pledged Taxes; Tax Levy. For the purpose of providing additional funds to pay the principal of and interest on the Bonds, and as provided in Section 15 of the Act, there is hereby levied upon all of the taxable property within the City, in the years for which any of the Bonds are Outstanding, a direct annual tax in amounts sufficient for that purpose, and there be and there hereby is levied upon all of the taxable property in the City the following direct annual taxes (the "Pledged Taxes"): FOR THE YEAR A TAX SUFFICIENT TO PRODUCE THE SUM OF: 2004 $ for principal and interest up to and including December 30, 2005 (net of amounts to be collected by the City) 2005 $ for principal and interest 2006 $ for principal and interest 2007 $ for principal and interest 2008 $ for principal and interest 2009 $ for principal and interest 2010 $ for principal and interest 2011 $ for principal and interest 2012 $ for principal and interest 2013 $ for principal and interest 2014 $ for principal and interest 2015 $ for principal and interest 2016 $ for principal and interest 2017 $ for principal and interest Following any extension of PIedged Taxes, interest or principal coming due at any time when there are insufficient funds on hand from the Pledged Taxes to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of the Pledged Taxes herein levied; and when the Pledged Taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced. Section 16. Filing with County Clerk. After this Ordinance becomes effective, a copy hereof, certified by the City Clerk, shall be filed with the County Clerk. The County Clerk shall -30- in and for each of the years required ascertain the rate percent required to produce the aggregate Pledged Taxes hereinbefore provided to be levied in each of said years; and the County Clerk shall extend the same for collection on the tax books in connection with other taxes levied in said years in and by the City for general corporate purposes of the City; and the County Clerk, or other appropriate officer or designee, shall remit the Pledged Taxes for deposit to the credit of a special fund to be designated the "2004 Alternate Bond Fund" (the "Bond Fund"), and in said years the Pledged Taxes shall be levied and collected by and for and on behalf of the City in like manner as taxes for general municipal purposes of the City for said years are levied and collected, and in addition to and in excess of all other taxes. The Pledged Taxes are hereby irrevocably pledged to and shall be used only for the purpose of paying principal of and interest on the Bonds. It is hereby expressly provided that in the event there shall be moneys both to the credit of the Alternate Bond and Interest Subaccount and the Bond Fund, the Bond Fund shall be fully depleted before moneys to the credit of the Alternate Bond and Interest Subaccount shall be used to pay principal of and interest on the Bonds. Section 17. Abatement of Pledged Taxes. Whenever the Pledged Revenues shall have been determined by the Corporate Authorities to provide in any calendar year an amount not less than 1.00 times debt service of all Outstanding Bonds in the next succeeding Bond Year(June 30 and December 30), the Treasurer shall, prior to the time the Pledged Taxes levied in such calendar year are extended, direct the abatement of the Pledged Taxes, and proper notification of such abatement shall be filed with the County Clerk in a timely manner to effect such abatement. The City covenants and agrees that it will not direct the County Clerk to abate any other taxes levied for general corporate purposes in a calendar year until sufficient Pledged Revenues have been deposited in the Alternate Bond and Interest Subaccount and the abatement of the Pledged Taxes for such calendar year has been filed with the County Clerk. -31- Section 18. Pledged Revenues; General Covenants. The City covenants and agrees with the registered owners of the Bonds that, so long as any Bonds remain Outstanding: A. The City hereby pledges the Pledged Revenues to the payment of the Bonds, and the Corporate Authorities covenant and agree to provide for, collect and apply the Pledged Revenues to the payment of the Bonds and the provision of not less than an additional .25 times debt service, all in accordance with Section 15 of the Act. The determination of the sufficiency of the Pledged Revenues pursuant to this subsection (A) shall be supported by reference to the annual audit of the City and acceptance of said Audit by the Corporate Authorities shall be conclusive evidence that the conditions of Section 15 of the Act have been met. B. The City will punctually pay or cause to be paid from the Alternate Bond and Interest Subaccount and from the Bond Fund the principal of and the interest on the Bonds in strict conformity with the terms of the Bonds and this Ordinance, and it will faithfully observe and perform all of the conditions, covenants and requirements thereof and hereof. C. The City will pay and discharge, or cause to be paid and discharged, from the Alternate Bond and Interest Subaccount and the Bond Fund any and all lawful claims which, if unpaid, might become a lien or charge upon the Pledged Moneys, or any part thereof, or upon any funds in the hands of the Paying Agent, or which might impair the security of the Bonds. Nothing herein contained shall require the City to make any such payment so long as the City in good faith shall contest the validity of said claims. D. The City will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the City, in which complete and correct entries shall be made of all transactions relating to the Project, the Pledged Moneys, the Alternate Bond and Interest Subaccount and the Bond Fund. Such books of record and accounts shall at all times during business hours be subject to the inspection of the registered owners of not less than ten per cent (10%) of the principal amount of the Outstanding Bonds or their representatives authorized in writing. E. The City will preserve and protect the security of the Bonds and the rights of the registered owners of the Bonds, and will warrant and defend their rights against all claims and demands of all persons. From and after the sale and delivery of any of the Bonds by the City,the Bonds shall be incontestable by the City. F. The City will adopt, make, execute and deliver any and all such further ordi- nances,resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention of, or to facilitate the performance of, this Ordinance, and for the better assuring and confirming unto the registered owners of the Bonds of the rights and benefits provided in this Ordinance. -32- I G. As long as any Bonds are Outstanding, the City will continue to deposit the Pledged Revenues to the Alternate Bond and Interest Subaccount and, if applicable, the Pledged Taxes to the Bond Fund. The City covenants and agrees with the purchasers of the Bonds and with the registered owners thereof that so long as any Bonds remain Outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to collect the Pledged Taxes and to collect and to segregate the Pledged Moneys. The City and its officers will comply with all pre- sent and future applicable laws in order to assure that the Pledged Taxes can be extended and that the Pledged Revenues and the Pledged Taxes may be collected and deposited to the Alternate Bond and Interest Subaccount and the Bond Fund,respectively, as provided herein. H. Once issued, the Bonds shall be and forever remain until paid or defeased the general obligation of the City, for the payment of which its full faith and credit are pledged, and shall be payable, in addition to the Pledged Revenues, from the levy of the Pledged Taxes as provided in the Act. I. The City will maintain the System in good repair and working order, will operate the same efficiently and faithfully, will promptly proceed with the Project, and will punctually perform all duties with respect thereto required by the Constitution and laws of the State of Illinois and Federal law. J. The City will establish and maintain at all times reasonable fees, charges, and rates for the use and service of the System and will provide for the collection thereof and the segregation and application of the Revenues in the manner provided by this Ordinance, sufficient at all times to pay Operation and Maintenance Expenses, to provide an adequate depreciation fund, to pay the principal of and interest on all bonds of the City which by their terms are payable from the revenues of the System, and to provide for the creation and maintenance and funding of the respective accounts as provided in Section 12 of this Ordinance; it is hereby expressly provided that the pledge and establishment of rates or charges for use of the System shall constitute a continuing obligation of the City with respect to such establishment and a continuing appropriation of the amounts received. K. There shall be charged against all users of the System, including the City, such rates and amounts for water and sewerage services as shall be adequate to meet the requirements of this section. Charges for services rendered the City shall be made against the City, and payment for the same shall be made monthly from the corporate funds into the Fund as revenues derived from the operation of the System; provided, however, that the City need not charge itself for such services if in the previous Fiscal Year Revenues not including any payments made by the City shall have met the requirements of this Ordinance. L. Within six months following the close of each Fiscal Year, the City will cause the books and accounts of the System to be audited by independent certified public -33- accountants in accordance with appropriate audit standards. Said audit will be available for inspection by the registered owners of any of the Bonds. Section 19. Future Revenue Bonds, Additional Bonds and Subordinate Bonds. The City reserves the right to issue without limit bonds payable solely and only from the Revenues, which bonds may have a lien on the Revenues prior to the lien on the Revenues that secures the Outstanding Bonds, provided that upon the issuance of such bonds, the City shall be able to demonstrate in the same manner as provided by the Act, as the Act is written at this time, that at such time all Outstanding Bonds could then be issued as if not then having previously been issued; that is, that the requirements of the Act for the issuance of alternate bonds payable from the Revenues shall have been met on such date for all Outstanding Bonds. The City also reserves the right to issue Additional Bonds from time to time payable from the Pledged Revenues, and any such Additional Bonds shall share ratably and equally in the Pledged Revenues with the Bonds; provided, however, that no Additional Bonds shall be issued except in accordance with the provisions of the Act as the Act is written at this time. The City also reserves the right to issue revenue bonds from time to time payable from the Revenues that are subordinate to the Bonds or Additional Bonds and are payable from the money remaining in the Surplus Account created hereunder after making required deposits into the Alternate Bond and Interest Subaccount. Section 20. Defeasance. Bonds which are no longer Outstanding Bonds as defined in this Ordinance shall cease to have any lien on or right to receive or be paid from Pledged Revenues and shall no longer have the benefits of any covenant for the registered owners of Outstanding Bonds as set forth herein as such relates to lien and security of the Bonds in the Pledged Revenues. Section 21. Provisions a Contract. The provisions of this Ordinance shall constitute a contract between the City and the owners of the Outstanding Bonds and no changes, additions, or -34- alterations of any kind shall be made hereto, except as herein provided, so long as there are any Outstanding Bonds. Section 22. Use of Proceeds. The proceeds derived from the sale of the Bonds shall be used as follows: A. Accrued interest shall be credited to the Alternate Bond and Interest Subaccount and applied to pay first interest due on the Bonds. B. The amount necessary of the proceeds of the Bonds shall be deposited into a separate fund, hereby created,designated the "Expense Fund,"to be used to pay expenses of issuance of Bonds. Disbursements from such fund shall be made from time to time upon the direction of the Treasurer. Any excess in said fund shall be deposited into the Alternate Bond and Interest Subaccount after six months from the date of issuance of the Bonds. C. The balance of the principal proceeds derived from the sale of the Bonds shall be deposited in a separate fund hereby created and designated as the "Project Fund" (the "Project Fund"); and disbursements shall be made from the Project Fund only for the purposes for which the Bonds are being issued and for which the principal proceeds are hereby appropriated. Within sixty (60) days after full depletion of the Project Fund or payment of all costs of the Project, as herein referred to, and as heretofore approved by the Corporate Authorities, the Treasurer shall certify to the Corporate Authorities the fact of such depletion or the engineer in responsible charge of the Project shall certify to the Corporate Authorities the fact that the work has been completed according to approved plans and specifications, as applicable, and upon approval of such certification by the Corporate Authorities, funds (if any) remaining in the Project Fund shall be transmitted to the Treasurer, and said Treasurer shall credit said funds to the Alternate Bond and Interest Subaccount or to the Bond Fund, and the Project Fund shall be closed. Section 23. Continuing Disclosure Undertaking. The Mayor or the Treasurer is hereby authorized, empowered, and directed to execute and deliver the Continuing Disclosure Undertaking (the "Continuing Disclosure Undertaking") substantially in the form attached -35- hereto as Exhibit A to this Ordinance, made a part hereof by this reference, and hereby approved, the officer signatory to such Continuing Disclosure Undertaking being hereby authorized and directed to execute same, his or her execution to constitute conclusive proof of action in accordance with this Ordinance and approval of all completions or revisions necessary or appropriate to such undertaking. When the Continuing Disclosure Undertaking is executed and delivered on behalf of the City as herein provided, the Continuing Disclosure Undertaking will be binding upon 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 Certificate to seek mandamus or specific performance by court order to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. Section 24. General Tax Covenants. 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 Bonds) if taking, permitting, or omitting to take such action would cause any of the Bonds to be an arbitrage bond or a private activity bond within the meaning of the Code or would otherwise cause the interest on the Bonds 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 Bonds, 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 -36- Revenue Service in connection with such an examination. In furtherance of the foregoing provisions,but without limiting their generality,the City agrees: (a) through its officers,to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all representations, covenants, and assurances contained in Bonds or agreements as may be prepared by counsel approving the Bonds; (c) to consult with such counsel and to comply with such advice as may be given; (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 its officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist the City in such compliance. Section 25. Certain Specific Tax Covenants. A. None of the Bonds shall be a"private activity bond" as defined in Section 141(a) of the Code; and the City certifies,represents, and covenants as follows: (1) Not more than 5% of the net sale proceeds of the Bonds is to be used, directly or indirectly, in any trade or business carried on by any person other than a state or local governmental unit. (2) Not more than 5% of the amounts necessary to pay the principal of and interest on the Bonds will be derived, directly or indirectly, from payments with respect to any private business use by any person other than a state or local governmental unit. (3) None of the proceeds of the Bonds is to be used, directly or indirectly, to make or finance loans to persons other than a state or local governmental unit. (4) No user of the infrastructure of the City to be improved as part of the Project, other than the City or another governmental unit, will use the same on any basis other than the same basis as the general public; and no person, other than the City or another governmental unit, will be a user of such infrastructure as a result of (i) -37- ownership or (ii) actual or beneficial use pursuant to a lease, a management or incentive payment contract other than as expressly permitted by the Code, or (iii) any other arrangement. B. The Bonds shall not be "arbitrage bonds" under Section 148 of the Code; and the City certifies,represents, and covenants as follows: (1) With respect to the Project, the City has heretofore incurred or within six months after delivery of the Bonds expects to incur substantial binding obligations to be paid for with money received from the sale of the Bonds, said binding obligations comprising binding contracts for the Project in not less than the amount of 5% of the net sale proceeds of the Bonds. (2) More than 85% of the proceeds of the Bonds will be expended on or before three years from the date hereof for the purpose of paying the costs of the Project. (3) All of the principal proceeds of the Bonds and investment earnings thereon will be used, needed, and expended for the purpose of paying the costs of the Project, including expenses incidental thereto. (4) Work on the Project is expected to proceed with due diligence to completion. (5) Except for the Bond Fund, the City has not created or established and will not create or establish any sinking fund, reserve fund,or any other similar fund to provide for the payment of the Bonds. The Bond Fund has been established and will be funded in a manner primarily to achieve a proper matching of revenues and debt service and will be depleted at least annually to an amount not in excess of 1/12th the particular annual debt service on the Bonds. Money deposited into the Bond Fund will be spent within a 13- month period beginning on the date of deposit, and investment earnings in the Bond Fund -38- will be spent or withdrawn from the Bond Fund within a one-year period beginning on the date of receipt. (6) Amounts of money related to the Bonds required to be invested at a yield not materially higher than the yield on the Bonds, as determined pursuant to such tax certifications or agreements as the City officers may make in connection with the issuance of the Bonds, shall be so invested; and appropriate City officers are hereby authorized and directed to make such investments. (7) The City has not been notified of any disqualification or proposed disqualification of it by the Commissioner of the Internal Revenue Service as a bond issuer which may certify bond issues under Treasury Regulations permitting such certifications. (8) Unless an applicable exception to Section 148(f) of the Code,relating to the rebate of "excess arbitrage profits" to the United States Treasury (the "Rebate Requirement") is available to the City, the City will meet the Rebate Requirement. (9) Relating to applicable exceptions, any City officer charged with issuing the Bonds is hereby authorized to make such elections under the Code as such officer shall deem reasonable and in the best interests of the City. If such election may result in a "penalty in lieu of rebate" as provided in the Code, and such penalty is incurred (the "Penalty"), then the City shall pay such Penalty. (10) The officers of the City shall cause to be established, at such time and in such manner as they may deem necessary or appropriate hereunder, a "Alternate Bonds, Series 2004B Rebate [or Penalty, if applicable] Fund" (the "Rebate Fund") for the Bonds, and such officers shall further, not less frequently than annually, cause to be transferred to the Rebate Fund the amount determined to be the accrued liability under -39- the Rebate Requirement or Penalty. Said officers shall cause to be paid to the United States Treasury, without further order or direction from the Corporate Authorities, from time to time as required, amounts sufficient to meet the Rebate Requirement or to pay the Penalty. (11) Interest earnings in the Project Fund and the Bond Fund are hereby authorized to be transferred, without further order or direction from the Corporate Authorities, from time to time as required, to the Rebate Fund for the purposes herein provided; and proceeds of the Bonds and other funds of the City are also hereby authorized to be used to meet the Rebate Requirement or to pay the Penalty but only if necessary after application of investment earnings as aforesaid and only as appropriated by the Corporate Authorities. C. None of the proceeds of the Bonds will be used to pay, directly or indirectly, in whole or in part, for an expenditure that has been paid by the City prior to the date hereof except architectural or engineering costs incurred prior to commencement of any of the Project or expenditures for which an intent to reimburse has been properly declared under Treasury Regulations Section 1.103-18. This Ordinance is in itself a declaration of official intent under Treasury Regulations Section 1.103-18 as to all costs of the Project paid after 60 days prior to the date hereof and up to the issuance of the Bonds. D. The City reserves the right to use or invest moneys in connection with the Bonds in any manner, or to make changes in the Project list, or to use the City infrastructure acquired, constructed, or improved as part of the Project in any manner, notwithstanding the representations and covenants in Sections 14 and 15 herein,provided it shall first have received an opinion from an attorney or a firm of attorneys generally acceptable to purchasers of Tax- exempt bonds to the effect that use or investment of such moneys or the changes in or use of -40- such infrastructure as contemplated is authorized under Applicable Law and this Ordinance and will not result in loss or impairment of Tax-exempt status for the Bonds. E. Prior to the date hereof in the current calendar year, no obligations that constitute "qualified tax-exempt obligations" for the purposes and within the meaning of Section 265(b)(3) of the Code have been issued by any of the following: (i) the City; (ii) an entity issuing obligations on behalf of the City; and (iii) any member of the same Controlled Group as the City or the same Controlled Group as an entity issuing obligations on behalf of the City. Section 26. 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 cancel and/or destroy Bonds which have been paid at maturity or submitted for exchange or transfer; (d) to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and (e) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. 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 Bonds; it will maintain at the designated office(s) of such Certificate Registrar a place or places where Bonds may be presented for payment, registration, transfer, or exchange; and it will require that -41- 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 Bonds. 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 Bonds. 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. 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. -42- I Section 27. Municipal Bond Insurance. In the event the payment of principal of and interest on the Bonds is insured pursuant to a municipal bond insurance policy (a "Municipal Bond Insurance Policy") issued by a bond insurer (a "Bond Insurer"), and as long as such Municipal Bond Insurance Policy shall be in full force and effect, the City and the Certificate Registrar agree to comply with such usual and reasonable provisions regarding presentment and payment of the Bonds, subrogation of the rights of the Certificateholders to the Bond Insurer when holding Bonds, amendment hereof, or other terms, as approved by the Mayor on advice of counsel,his or her approval to constitute full and complete acceptance by the City of such terms and provisions under authority of this section. Section 28. Defeasance. Any Bond or Bonds which (a) are paid and cancelled, (b) which have matured and for which sufficient sums been deposited with the Bond 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 Bond Registrar or similar institution to pay, taking into account investment earnings on such obligations, all principal of and interest on (and redemption premium, if any, on) such Bond or Bonds when due at maturity or as called for redemption, if applicable,pursuant to an irrevocable escrow or trust agreement, shall cease to have any lien on or right to receive or be paid from the bond moneys hereunder and shall no longer have the benefits of any covenant for the registered owners of outstanding Bonds as set forth herein as such relates to lien and security of the outstanding Bonds. All covenants relative to the Tax-exempt status of the Bonds; and payment, registration, transfer, and exchange; are expressly continued for all Bonds whether outstanding Bonds or not. -43- Section 29. 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 upon its passage and approval as provided by law. ADOPTED by the Corporate Authorities on the 24th day of February, 2004, 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 24th day of February, 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County,Illinois, the 24th day of February 2004. Attest: CITY CLERK -44- 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 (the "Corporate Authorities") thereof. I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the legally convened regular meeting of the Corporate Authorities held on the 24th day of February, 2004, insofar as same relates to the adoption of an ordinance numbered and entitled: ORDINANCE NUMBER AN ORDINANCE authorizing and providing for the issue of $3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B, of the United City of Yorkville, Kendall County, Illinois, for the purpose of improving the existing waterworks and sewerage system of said City, prescribing all the details of said bonds, and providing for the collection, segregation and distribution of the revenues of the combined waterworks and sewerage system of said City. 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 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 said Meeting was duly given to all newspapers, radio or television stations, and other 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 Corporate Authorities by at least 5:00 p.m. on Friday, February 20, 2004, a true, correct and complete copy of the agenda is attached hereto as Exhibit A, 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 24th day of February, 2004. City Clerk (SEAL) [Attach Agenda as Exhibit A] -2- A STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) FILING CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk of Kendall County, Illinois, and as such official I do further certify that on the day of , 2004, there was filed in my office a duly certified copy of Ordinance No. _ entitled: AN ORDINANCE authorizing and providing for the issue of $3,500,000 General Obligation Bonds (Alternate Revenue Source), Series 2004B, of the United City of Yorkville, Kendall County, Illinois, for the purpose of improving the existing waterworks and sewerage system of said City, prescribing all the details of said bonds, and providing for the collection, segregation and distribution of the revenues of the combined waterworks and sewerage system of said City. duly adopted by the City Council of the United City of Yorkville, Kendall County, Illinois, on the 24th day of February, 2004, and that the same has been deposited in the official files and records of my office. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of said County, this day of , 2004. County Clerk of Kendall County, Illinois [SEAL] NOV-06-2003 15:20 FROM-SPEER FINANCIAL 312-346-8833 T-386 P 002/003 F-850 UNITED CITY OF YORKVILLE Alternate Sales Tax and Sewer Fee Revenue Bonds, Series 2004 Countryside Sewers Project--15 Year Option Six Year Call DEBT SERVICE SCHEDULE Date Principal Coupon intereM Totnl P+1 12/30/2004 • - 151,934.03 151,954.03 12/30/2005 120,000.00 4.750% 166,250.00 286,250.00 12/30/2006 125,000.00 4.750% 160,550.00 285,550.00 12/30/2007 135,000.00 4.750% 154,612.50 289,612.50 12/30/2008 140,000.00 4.750% 148,200.00 288,200,00 12/30/2009 145,000.00 4.750% 141,550.00 286,550.00 12/30/2010 155,000.00 4.75096 134,662.50 289,662,50 12/30/2011 160,000.00 4.750% 127,300.00 287,300.00 12/30/2012 170,000,00 4.750% 119,700.00 289,700.00 12/30/2013 280,000.00 4,750% 111,625.00 391,625,00 12/30/2014 375,000.00 4,750% 98,325.00 473,325.00 12/30/2015 395,000.00 4,750% 80,512.50 475,512.50 12/30/2016 410,000.00 4.750% 61,750.00 471,750.00 12/30/2017 435,000.00 4.750')6 42,275.00 477,275.00 12/30/2018 455,000.00 4.750% 21,612.50 476,612,50 Total 9,500,000.001,720,859.03 5,220,859.03 YIELD STATISTICS Mond Yenr Dollars 936,228.61 Average Life 10.351 Years Average Coupon 4.7500000% Nel interest Cosi(NIC) 4.8176261% True Interest Cost(TiC) 4.8396639% Bond Yield for Arbilrn;te Purposes 4.8264479% All Inclusive Cast(AIC)...................... 5.1025213% IRS FORM 8038 Net Interest Cost 4.7500000% Weighted Avenge Maluriry 10.351 Years Speer 1)hench91,Inc. file=YorAvr/LsI.Serics 200se SINCLCPURI'OSE lttblic finance Consultants Since 1954 11/6/2003 2:03 PM Law Offices of CHAPMAN AND CUTLER LLP Theodore S.Chapman 111 West Monroe Street,Chicago,Illinois 60603-4080 San Francisco 1877-1943 FAX(312)701-2361 Henry E.Cutler 625 Market Street 1879-1959 Telephone(312)845-3000 San Francisco,CA 94105 chapman.com (415)541-0500 Kelly K.Kost Salt Lake City 312-845-3875 312-516-1875 Fax 50 South Main Street Salt Lake City,Utah 84144 kost@chapman.com (801)533-0066 February 9,2004 VIA EMAIL Ms. Traci Pleckham Finance Director United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: United City of Yorkville Kendall County,Illinois Debt Certificates, Series 2004A Dear Traci: For your convenience and in accordance with the recent information you provided us, we are enclosing an updated draft of the Certificate Ordinance and legal opinion for the matter in reference. It is our understanding that the City Council will consider the Certificate Ordinance at their meeting on Tuesday,February 24,2003. The enclosed drafts reflect this timing. The draft of the Certificate Ordinance can be inserted into the appropriate City Council packages prior to bond pricing. We will supply you with revised execution copies after the bond pricing for the City Council meeting. If you have any questions,please do not hesitate to contact the undersigned. Very truly yours, CHAPMAN AND CUTLER LIT ,44 / ` t By Kelly K. Kost KK:kd enclosures cc: Kevin McCanna(w/encls.) Dan Kramer, Esq. (w/encls.) 1623482.01.04 2114528 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 (ComEd Sewer Project), and authorizing and providing for the issue of$1,600,000 Debt Certificates, Series 2004A, 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 24th day of February 2004 1611964.01.10 2114528•RG•2/9/04 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. Book Entry Provisions 10 Section 8. Execution;Authentication 12 Section 9. Registration of Certificates; Persons Treated as Owners 13 Section 10. Form of Certificate 14 Section 11. Sale of Certificates; Official Statement 20 Section 12. Creation of Funds and Appropriations. 21 Section 13. Continuing Disclosure Undertaking 24 Section 14. General Tax Covenants 25 Section 15. Certain Specific Tax Covenants 25 Section 16. Pertaining to the Certificate Registrar 30 Section 17. Municipal Bond Insurance 31 Section 18. Defeasance 32 Section 19. Superseder and Effective Date 33 [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 (ComEd Sewer Project), and authorizing and providing for the issue of$1,600,000 Debt Certificates, Series 2004A, 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; 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") have 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 construct the following: replacement of the existing 15 inch sewer on Hydraulic Avenue with a 42 inch sanitary interceptor from the existing siphon chamber access State Street easterly to the ComEd right-of-way, including, in connection with said works, acquisition of all land or rights in land, mechanical, electrical, and other services necessary, useful, or advisable thereto (the "Project"), all as shown on preliminary plans and cost estimates as prepared by Walter E. Deuchler Associates, Inc. and on file with and approved by the Corporate Authorities. C. The Corporate Authorities have determined the total cost of the Project and expenses incidental thereto, including financial, legal, architectural, and engineering services related to such work and to the Agreement hereinafter provided for in this Ordinance (collectively "Related Expenses") to be not less than $1,600,000 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 $1,600,000 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, investment 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 -2- 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. 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 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 appliedproceeds of the certificates to the payment of the contracts. PP P Y 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: -3- 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 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 $1,600,000, 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. Agreement Applicable Law City Clerk Corporate Authorities -4- Debt Reform Act Installment Purchase Provisions of the Debt Reform Act Mayor Project Related Expenses State Treasurer 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. "Book Entry Form" means the form of the Certificates as fully registered and available in physical form only to the Depository. "Certificates" means the $1,600,000 Debt Certificates, Series 2004A, authorized to be issued by this Ordinance. "Certificate Fund" means the fund established and defined in Section 12 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 BNY Midwest Trust Company, Chicago, Illinois, in its respective capacities as bond registrar and paying agent hereunder, or a successor thereto or a successor designated as Certificate Registrar hereunder. "Code" means the Internal Revenue Code of 1986, as amended. -5- "Continuing Disclosure Undertaking" means the undertaking by the City as authorized in Section 13 hereof and set forth as Exhibit A. "Depository" means The Depository Trust Company, a New York limited trust company, its successors, or a successor depository qualified to clear securities under applicable state and federal laws. "Ordinance" means this Ordinance, numbered as set forth on the title page hereof, and passed by the Corporate Authorities on the 24th day of February 2004. "Project Fund" means the Project Fund established and defined in Section 12 of this Ordinance. "Purchase Contract" is defined in Section 11. "Purchase Price" means the price to be paid by the Purchaser pursuant to the Purchase Contract for the Certificates, to-wit, $ "Purchaser" means the purchaser (underwriter) of the Certificates, namely, "Rebate Fund" means the Rebate Fund authorized to be established and as defined in Section 15 of this Ordinance. "Record Date" means the 15th day of the month during any regular or other interest payment date occurring on the thirtieth day of any 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 and construction of the Project, including all Related Expenses and to borrow money and, in evidence thereof and for the purpose of financing same, enter into the Agreement and, further, to provide for the issuance and delivery of the Certificates evidencing the indebtedness incurred under the Agreement. Section 4. Agreement is a General Obligation; Annual Appropriation. The City hereby represents, warrants, and agrees that the obligation to make the payments due under the Agreement shall be a lawful direct general obligation of the City payable from the corporate funds of the City and such other sources of payment as are otherwise lawfully available. The City represents and warrants that the total amount due the Seller under the Agreement, together with all other indebtedness of the City, is within all statutory and constitutional debt limitations. The City agrees to appropriate funds of the City annually and in a timely manner so as to provide for the making of all payments when due under the terms of the Agreement. Section 5. 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 purchase of real or personal property, or both, for the purpose of acquiring and installing sewer improvements within the City (ComEd Sewer Project), dated the 1st day of March 2004, in and for the United City of Yorkville, Kendall County,Illinois. THIS INSTALLMENT PURCHASE AGREEMENT(this "Agreement") made as of the 1st day of March 2004 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 have determined to acquire real or personal property, or both, for the purpose of acquiring and installing sewer improvements within the City (ComEd Sewer Project) (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 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 24th day of February 2004, 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, I-1 the execution and delivery of 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 make, construct, and 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 $1,600,000; 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 $1,600,000, plus the amount of 1-2 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$1,600,000 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, including prepayment(redemption) if any; 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 1-4 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 1st day of March 2004 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 March 2004, and entitled "INSTALLMENT PURCHASE AGREEMENT for Purchase of real or personal property, or both, for the purpose of acquiring and installing sewer improvements within the City (ComEd Sewer Project), dated the 1st day of March 2004, in and for the United City of Yorkville, Kendall County, Illinois"; and supporting the issuance of certain Debt Certificates, Series 2004A, 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 Yorkville, Illinois, this 1st day of March 2004. City Clerk [SEAL] F-1 Section 6. Certificate Details. For the purpose of providing for acquisition and construction of the Project and Related Expenses, there shall be issued and sold the Certificates in the principal amount of $1,600,000. The Certificates shall each be designated "Debt Certificate, Series 2004A"; be dated March 1, 2004 (the "Dated Date"); and shall also bear the date of authentication thereof. The Certificates shall be in fully registered and in Book Entry Form, shall be in denominations of$5,000 or integral multiples thereof(but no single Certificate shall represent principal maturing on more than one date), and shall be numbered consecutively in such fashion as shall be determined by the Certificate Registrar. The Certificates shall become due and payable (not subject to right of prior redemption) on December 30 of the years and in the amounts and bearing interest at the rates percent per annum as follows: YEAR AMOUNT($) RATE(%) 2005 135,000 2006 140,000 2007 145,000 2008 150,000 2009 155,000 2010 160,000 2011 170,000 2012 175,000 2013 180,000 2014 190,000 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 June 30 and December 30 of each year, commencing on December 30, 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 -9- at the address as shown in the Certificate Registrar or at such other address furnished in writing by such registered owner, or as otherwise may be agreed with the Depository for so long as the Depository or its nominee is the registered owner as of a given Record Date. 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 of the Certificate Registrar as currently maintained, as may be relocated from time to time, or at successor Certificate Registrar and locality. Section 7. Book Entry Provisions. The Certificates shall be initially issued in the form of a separate single fully registered Certificate for each of the maturities of the Certificates. Upon initial issuance, the ownership of each such Certificate shall be registered in the Certificate Register in the name of the Depository or a designee or nominee of the Depository (such depository or nominee being the "Book Entry Owner"). Except as otherwise expressly provided, all of the outstanding Certificates from time to time shall be registered in the Certificate Register in the name of the Book Entry Owner (and accordingly in Book Entry Form as such term is used in this Ordinance). Any City officer, as representative of the City, is hereby authorized, empowered, and directed to execute and deliver or to utilize a previously executed and delivered Letter of Representations or Blanket Letter of Representations (either being the "Letter of Representations") substantially in the form common in the industry, or with such changes therein as any officer executing the Letter of Representations on behalf of the City shall approve, his or her execution thereof to constitute conclusive evidence of approval of such changes, as shall be necessary to effectuate Book Entry Form. Without limiting the generality of the authority given with respect to entering into such Letter of Representations, it may contain provisions relating to (a) payment procedures, (b) transfers of the Certificates or of beneficial interests therein, (c) redemption notices and procedures unique to the Depository, (d) additional -10- notices or communications, and (e) amendment from time to time to conform with changing customs and practices with respect to securities industry transfer and payment practices. With respect to Certificates registered in the Certificate Register in the name of the Book Entry Owner, none of the City, any of its financial officers, or the Certificate Registrar shall have any responsibility or obligation to any broker-dealer,bank, or other financial institution for which the Depository holds Certificates from time to time as securities depository (each such broker-dealer, bank, or other financial institution being referred to herein as a "Depository Participant") or to any person on behalf of whom such a Depository Participant holds an interest in the Certificates. Without limiting the meaning of the immediately preceding sentence, the City, any of its financial officers, and the Certificate Registrar shall have no responsibility or obligation with respect to (a) the accuracy of the records of the Depository, the Book Entry Owner, or any Depository Participant with respect to any ownership interest in the Certificates, (b) the delivery to any Depository Participant or any other person, other than a registered owner of a Certificate as shown in the Certificate Register or as otherwise expressly provided in the Letter of Representations, of any notice with respect to the Certificates, including any notice of redemption, or (c) the payment to any Depository Participant or any other person, other than a registered owner of a Certificate as shown in the Certificate Register, of any amount with respect to principal of or interest on the Certificates. No person other than a registered owner of a Certificate as shown in the Certificate Register shall receive a certificate with respect to any Certificate. In the event that (a) the City determines that the Depository is incapable of discharging its responsibilities described herein and in the Letter of Representations, (b) the agreement among the City, the Certificate Registrar, and the Depository evidenced by the Letter of Representations shall be terminated for any reason, or (c) the City determines that it is in the best interests of the City or of the beneficial owners of the Certificates either that they be able to -11- obtain certificated Certificates or that another depository is preferable, the City shall notify the Depository, and the Depository shall notify the Depository Participants, of the availability of physical Certificates; and the Certificates shall no longer be restricted to being registered in the Certificate Register in the name of the Book Entry Owner. Alternatively, at such time, the City may determine that the Certificates shall be registered in the name of and deposited with a successor depository operating a system accommodating Book Entry Form, as may be acceptable to the City, or such depository's agent or designee, but if the City does not select such alternate book entry system, then the Certificates shall be registered in whatever name or names registered owners of Certificates transferring or exchanging Certificates shall designate, in accordance with the provisions of this Ordinance. Section 8. Execution; Authentication. The Certificates shall be executed on behalf of the City by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its Clerk, as they may determine, 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 -12- 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 9. 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 of the Certificates as provided in this Ordinance to be kept at the office maintained for such purpose by the Certificate Registrar, which is hereby constituted and appointed the registrar of the City for the Certificates. The City is authorized to prepare, and the Certificate Registrar or such other agent as the City may designate shall keep custody of, multiple Certificate blanks executed by the City for use in the transfer and exchange of Certificates. Subject to the provisions of this Ordinance relating to the Certificates in Book Entry Form, any Certificate may be transferred or exchanged,but only in the manner, subject to the limitations, and upon payment of the charges as set forth in this Ordinance. Upon surrender for transfer or exchange of any Certificate at the office of the Certificate Registrar maintained for the purpose, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Certificate Registrar and duly executed by the registered owner or an attorney for such owner duly authorized in writing, the City shall execute and the Certificate Registrar shall authenticate, date, and deliver in the name of the transferee or transferees or, in the case of an exchange, the registered owner, a new fully registered Certificate or Certificates of like tenor, of the same maturity, bearing the same interest rate, of authorized denominations, for a like aggregate principal amount. The Certificate Registrar shall not be required to transfer or exchange any Certificate during the period from the close of business on the Record Date for an interest payment to the opening of business on such interest payment date. The execution by the City of any fully registered Certificate shall constitute full and due authorization of such -13- 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 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 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 10. 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. -14- A [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 2004A See Reverse Side for Additional Provisions. Interest Maturity Dated Rate: Date: December 30, 20_ Date: March 1, 2004 CUSIP: Registered Owner: CEDE& Co. 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 (not subject to right of prior redemption), 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 June 30 and December 30 of each year, commencing December 30, 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 -15- purpose of BNY Midwest Trust Company, Chicago, Illinois, 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 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 of the month during any regular or other interest payment date occurring on the thirtieth day of any month. 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, or as otherwise agreed by the City and the Certificate Registrar and a qualified securities clearing corporation as depository, or nominee, for so long as this Certificate shall be in Book Entry Form as provided for same. 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 -16- CERTIFICATE ACKNOWLEDGES THAT THERE IS NO STATUTORY AUTHORITY FOR THE LEVY OF A SEPARATE TAX IN ADDITION TO OTHER TAXES OF THE CITY OR THE LEVY OF A SPECIAL TAX UNLIMITED AS TO RATE OR AMOUNT TO PAY ANY OF THE AMOUNTS DUE HEREUNDER. 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. -17- IN WITNESS WHEREOF the United City of Yorkville, Kendall County, Illinois, by its City Council, has caused this Certificate to be executed by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its 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: CERTIFICATE Certificate Registrar and Paying Agent: OF BNY Midwest Trust Company, Chicago,Illinois AUTHENTICATION This Certificate is one of the Certificates described in the within-mentioned Ordinance and is one of the Debt Certificates, Series 2004A, having a Dated Date of March 1, 2004, of the United City of Yorkville, Kendall County,Illinois. BNY MIDWEST TRUST COMPANY, as Certificate Registrar By Authorized Officer -18- [FORM OF CERTIFICATE-REVERSE SIDE] This Certificate is one of a series (the "Certificates") in the aggregate principal amount of$1,600,000 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 the City Council of the City on the 24th day of February 2004, 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 March 2004, 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 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. -19- 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 11. Sale of Certificates; Official Statement. The Certificates shall be executed as in this Ordinance provided as soon after the passage hereof as may be, shall be deposited with Treasurer of the City, and shall thereupon be delivered to the Purchaser upon payment of the Purchase Price, plus accrued interest to date of delivery. The contract for the sale of the Certificates to the Purchaser (the "Purchase Contract"), as evidenced by an Official Notice of Sale and executed Official Bid Form, in forms as submitted to and presented to the Corporate Authorities at this meeting, and as executed by the Purchaser, is hereby in all respects approved and confirmed, and the officer(s) of the City designated in the Official Bid Form are authorized and directed to execute the Official Bid Form on behalf of the City, it being hereby declared that, to the best of the knowledge and belief of the members of the Corporate Authorities, after due -20- inquiry, no person holding any office of the City, either by election or appointment, is in any manner financially interested, either directly in his or her own name or indirectly in the name of any other person, association, trust or corporation, in the Purchase Contract for the sale of the Certificates to the Purchaser. The "Deemed Final" Official Statement of the City, dated February_, 2004 the ("DFOS"), relating to the Certificates, presented to the Corporate Authorities with the Ordinance, is hereby ratified and approved. The Official Statement of the City, consisting of the DFOS and an addendum to be dated within seven days of the date of adoption of this Ordinance, relating to the Certificates (the "Official Statement"), is hereby authorized, and the Purchaser is hereby authorized on behalf of the City to distribute copies of the Official Statement to the ultimate purchasers of the Certificates. Such officer or officers of the City as are indicated are hereby authorized to execute and deliver the Official Statement on behalf of the City. Section 12. Creation of Funds and Appropriations. A. There is hereby created the "Debt Certificates, Series 2004A, 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 determined by the Corporate Authorities, transferred to such other fund as may be determined. Moneys in the Certificate Fund shall be applied to pay interest when due and principal when due. -21- IMMEMENIMMUMMINNW 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") have been or shall be awarded, from time to time, by the Corporate Authorities for the work on the Project; and the Corporate Authorities represent and covenant that each Work Contract has been or will be let in strict accordance with Applicable Law and the rules and procedures of the City for same. 2. By paragraph 3 of this Section of this Ordinance, as follows, or 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 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 contractors under the -22- 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. 3. The following Work Contracts are hereby identified to the Agreement: BRIEF DESCRIPTION NAME OF CONTRACT IDENTIFIED OF WORK CONTRACT CONTRACTOR AMOUNT($) AMOUNT($) -23- The Work Contracts so identified are attached to this Ordinance as Exhibits B-1 through 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 13. Continuing Disclosure Undertaking. The Mayor or the Treasurer is hereby authorized, empowered, and directed to execute and deliver the Continuing Disclosure Undertaking (the "Continuing Disclosure Undertaking") substantially in the form attached hereto as Exhibit A to this Ordinance, made a part hereof by this reference, and hereby approved, the officer signatory to such Continuing Disclosure Undertaking being hereby authorized and directed to execute same, his or her execution to constitute conclusive proof of action in accordance with this Ordinance and approval of all completions or revisions necessary or appropriate to such undertaking. When the Continuing Disclosure Undertaking is executed and delivered on behalf of the City as herein provided, the Continuing Disclosure Undertaking will be binding upon 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 Certificate to seek -24- mandamus or specific performance by court order to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. Section 14. General Tax Covenants. 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. In furtherance of the foregoing provisions, but without limiting their generality, the City agrees: (a) through its officers, to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all representations, covenants, and assurances contained in certificates or agreements as may be prepared by counsel approving the Certificates; (c) to consult with such counsel and to comply with such advice as may be given; (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 its officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist the City in such compliance. Section 15. Certain Specific Tax Covenants. -25- A. None of the Certificates shall be a "private activity bond" as defined in Section 141(a) of the Code; and the City certifies, represents, and covenants as follows: (1) Not more than 5% of the net sale proceeds of the Certificates is to be used, directly or indirectly, in any trade or business carried on by any person other than a state or local governmental unit. (2) Not more than 5% of the amounts necessary to pay the principal of and interest on the Certificates will be derived, directly or indirectly, from payments with respect to any private business use by any person other than a state or local governmental unit. (3) None of the proceeds of the Certificates is to be used, directly or indirectly, to make or finance loans to persons other than a state or local governmental unit. (4) No user of the infrastructure of the City to be improved as part of the Project, other than the City or another governmental unit, will use the same on any basis other than the same basis as the general public; and no person, other than the City or another governmental unit, will be a user of such infrastructure as a result of (i) ownership or (ii) actual or beneficial use pursuant to a lease, a management or incentive payment contract other than as expressly permitted by the Code, or (iii) any other arrangement. B. The Certificates shall not be "arbitrage bonds" under Section 148 of the Code; and the City certifies,represents, and covenants as follows: (1) With respect to the Project, the City has heretofore incurred or within six months after delivery of the Certificates expects to incur substantial binding obligations to be paid for with money received from the sale of the Certificates, said binding -26- obligations comprising binding contracts for the Project in not less than the amount of 5% of the net sale proceeds of the Certificates. (2) More than 85% of the proceeds of the Certificates will be expended on or before three years from the date hereof for the purpose of paying the costs of the Project. (3) All of the principal proceeds of the Certificates and investment earnings thereon will be used, needed, and expended for the purpose of paying the costs of the Project,including expenses incidental thereto. (4) Work on the Project is expected to proceed with due diligence to completion. (5) Except for the Certificate Fund, the City has not created or established and will not create or establish any sinking fund, reserve fund, or any other similar fund to provide for the payment of the Certificates. The Certificate Fund has been established and will be funded in a manner primarily to achieve a proper matching of revenues and debt service and will be depleted at least annually to an amount not in excess of 1/12th the particular annual debt service on the Certificates. Money deposited into the Certificate Fund will be spent within a 13-month period beginning on the date of deposit, and investment earnings in the Certificate Fund will be spent or withdrawn from the Certificate Fund within a one-year period beginning on the date of receipt. (6) Amounts of money related to the Certificates required to be invested at a yield not materially higher than the yield on the Certificates, as determined pursuant to such tax certifications or agreements as the City officers may make in connection with the issuance of the Certificates, shall be so invested; and appropriate City officers are hereby authorized and directed to make such investments. -27- (7) The City has not been notified of any disqualification or proposed disqualification of it by the Commissioner of the Internal Revenue Service as a bond issuer which may certify bond issues under Treasury Regulations permitting such certifications. (8) Unless an applicable exception to Section 148(f) of the Code, relating to the rebate of "excess arbitrage profits" to the United States Treasury (the "Rebate Requirement") is available to the City, the City will meet the Rebate Requirement. (9) Relating to applicable exceptions, any City officer charged with issuing the Certificates is hereby authorized to make such elections under the Code as such officer shall deem reasonable and in the best interests of the City. If such election may result in a "penalty in lieu of rebate" as provided in the Code, and such penalty is incurred (the "Penalty"), then the City shall pay such Penalty. (10) The officers of the City shall cause to be established, at such time and in such manner as they may deem necessary or appropriate hereunder, a "Debt Certificates, Series 2004A Rebate [or Penalty, if applicable] Fund" (the "Rebate Fund") for the Certificates, and such officers shall further,not less frequently than annually, cause to be transferred to the Rebate Fund the amount determined to be the accrued liability under the Rebate Requirement or Penalty. Said officers shall cause to be paid to the United States Treasury, without further order or direction from the Corporate Authorities, from time to time as required, amounts sufficient to meet the Rebate Requirement or to pay the Penalty. (11) Interest earnings in the Project Fund and the Certificate Fund are hereby authorized to be transferred, without further order or direction from the Corporate Authorities, from time to time as required, to the Rebate Fund for the purposes herein -28- provided; and proceeds of the Certificates and other funds of the City are also hereby authorized to be used to meet the Rebate Requirement or to pay the Penalty but only if necessary after application of investment earnings as aforesaid and only as appropriated by the Corporate Authorities. C. None of the proceeds of the Certificates will be used to pay, directly or indirectly, in whole or in part, for an expenditure that has been paid by the City prior to the date hereof except architectural or engineering costs incurred prior to commencement of any of the Project or expenditures for which an intent to reimburse has been properly declared under Treasury Regulations Section 1.103-18. This Ordinance is in itself a declaration of official intent under Treasury Regulations Section 1.103-18 as to all costs of the Project paid after 60 days prior to the date hereof and up to the issuance of the Certificates. D. The City reserves the right to use or invest moneys in connection with the Certificates in any manner,or to make changes in the Project list, or to use the City infrastructure acquired, constructed, or improved as part of the Project in any manner, notwithstanding the representations and covenants in Sections 14 and 15 herein,provided it shall first have received an opinion from an attorney or a firm of attorneys generally acceptable to purchasers of Tax- exempt bonds to the effect that use or investment of such moneys or the changes in or use of such infrastructure as contemplated is authorized under Applicable Law and this Ordinance and will not result in loss or impairment of Tax-exempt status for the Certificates. E. Prior to the date hereof in the current calendar year, no obligations that constitute "qualified tax-exempt obligations" for the purposes and within the meaning of Section 265(b)(3) of the Code have been issued by any of the following: (i) the City; (ii) an entity issuing obligations on behalf of the City; and (iii) any member of the same Controlled Group as the City or the same Controlled Group as an entity issuing obligations on behalf of the City. -29- Section 16. 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 cancel and/or destroy Certificates which have been paid at maturity or submitted for exchange or transfer; (d) to furnish the City at least annually a certificate with respect to Certificates cancelled and/or destroyed; and (e) 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 certificatertificate 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 -30- 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. 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. 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 17. Municipal Bond Insurance. In the event the payment of principal of and interest on the Certificates is insured pursuant to a municipal bond insurance policy (a "Municipal Bond Insurance Policy") issued by a bond insurer (a "Bond Insurer"), and as long as such Municipal Bond Insurance Policy shall be in full force and effect, the City and the Certificate Registrar agree to comply with such usual and reasonable provisions regarding presentment and payment of the Certificates, subrogation of the rights of the Certificateholders to -31- the Bond Insurer when holding Certificates, amendment hereof, or other terms, as approved by the Mayor on advice of counsel,his or her approval to constitute full and complete acceptance by the City of such terms and provisions under authority of this section. Section 18. 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 (and redemption premium, if any, on) such Certificate or Certificates when due at maturity or as called for redemption, if applicable, 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. 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. -32- 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 upon its passage and approval as provided by law. ADOPTED by the Corporate Authorities on the 24th day of February, 2004, 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 24th day of February, 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the 24th day of February 2004. Attest: CITY CLERK -33- 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 Building, located at 800 Game Farm Road, in said City, at 7:00 p.m., on the 24th day of February 2004. 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 Corporate Authorities then discussed the proposed financing of acquiring and installing sewer improvements within the City (ComEd Sewer Project). 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 (ComEd Sewer Project), and authorizing and providing for the issue of$1,600,000 Debt Certificates, Series 2004A, 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 Board discussion of the matter followed. During the Board discussion, gave a public recital of the nature of the matter, which included a complete reading of the title of the Certificate Ordinance, a complete reading of the table of contents contained therein, and a brief commentary on each entry in the table of contents. The Mayor directed that the roll be called for a vote upon the motion to adopt the Certificate Ordinance. Upon the roll being called, the following Aldermen voted AYE: • and the following Aldermen voted NAY: WHEREUPON the Mayor declared the motion carried and the Certificate Ordinance adopted and did direct the City Clerk to record the same in full in the records of the City Council of the United City of Yorkville,Kendall County,Illinois. Other business was duly transacted at said meeting. -2- Upon motion duly made and carried,the meeting adjourned. City Clerk -3- STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF MINUTES AND ORDINANCE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois (the "City"), and as such official I am the keeper of the official journal of proceedings,books, records, minutes, and files of the City and of the City Council (the "Corporate Authorities") thereof. I do further certify that the foregoing is a full, true, and complete transcript of that portion of the minutes of the meeting (the "Meeting") of the Corporate Authorities held on the 24th day of February 2004 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 a part of the cost of acquiring and installing sewer improvements within the City (ComEd Sewer Project), and authorizing and providing for the issue of$1,600,000 Debt Certificates, Series 2004A, 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 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 by at least 5:00 p.m. on Friday, February 20, 2004; a true, correct and complete copy of said agenda is attached hereto 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 24th day of February 2004. City Clerk [SEAL] [Attach Agenda hereto as 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 24th day of February 2004 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 24th day of February 2004, 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 a part of the cost of acquiring and installing sewer improvements within the City (ComEd Sewer Project), and authorizing and providing for the issue of$1,600,000 Debt Certificates, Series 2004A, evidencing the rights to payment under such Agreement, prescribing the details of the Agreement and Certificates, and providing for the security for and means of payment under the Agreement of the Certificates. and further, properly certified copy of each of the following "Work Contracts" as defined in the Ordinance,enumerated as follows: BRIEF DESCRIPTION NAME OF CONTRACT IDENTIFIED OF WORK CONTRACT CONTRACTOR AMOUNT(S) AMOUNT($) and that the same have all 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 200._. City Clerk [SEAL] City Treasurer -2- .4......._._____, UNITED CITY OF YORKVILLE Debt Certificates, Series 2003 For S.E.CornEdHydr a ulicSelver--Le vel Debt Service DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I 12/30/2003 - - - 12/30/2004 100,000.00 4.000% 101,155.56 201,155.56 12/30/2005 140,000.00 4.000% 60,000.00 200,000.00 12/30/2006 145,000.00 4.000% 54,400.00 199,400.00 12/30/2007 155,000.00 4.000% 48,600.00 203,600.00 12/30/2008 160,000.00 4.000% 42,400.00 202,400.00 12/30/2009 165,000.00 4.000% 36,000.00 201,000.00 12/30/2010 175,000.00 4.000% 29,400.00 204,400.00 12/30/2011 180,000.00 4.000% 22,400.00 202,400.00 12/30/2012 185,000.00 4.000% 15,200.00 200,200.00 12/30/2013 195,000.00 4.000% 7,S00.00 202,800.00 Total 1,600,000.00 - 417,355.56 2,017,355.56 YIELD STATISTICS Bond Year Dollars $10,433.89 Average Life 6.521 Years Average Coupon 4.0000000% Net Interest Cost(NIC) 4.0000000% True Interest Cost(TIC) 3.9913807% Bond Yield for Arbitrage Purposes 3.9913807% All Inclusive Cost(AIC) 3.9913807% IRS FORM 8038 Net Interest Cost 4.000000096 Weighted Average Maturity 6.521 Years Speer Financial,Inc. File=Yorkvillsf-Series 2003SEComEdHydrualicSewer-SINGLE PURPOSE Public Finance Consultants Since 7954 2/11/2003 9:58 AM