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City Council Packet 2019 08-27-19 AGENDA CITY COUNCIL MEETING Tuesday, August 27, 2019 7:00 p.m. City Hall Council Chambers 800 Game Farm Road, Yorkville, IL Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Ken Koch Jackie Milschewski Chris Funkhouser Seaver Tarulis Dan Transier Arden Joe Plocher Joel Frieders Jason Peterson Establishment of Quorum: Amendments to Agenda: Presentations: Public Hearings: Citizen Comments on Agenda Items: Consent Agenda: Minutes for Approval: Bill Payments for Approval from the Current Bill List: Payments total these amounts: $ 1,039,141.40 (vendors) $ 286,206.21 (payroll period ending 8/9/2019) $ 1,325,347.61 (total) Mayor’s Report: 1. CC 2019-50 Appointments to Boards and Commissions 2. CC 2019-51 Adult-Use Cannabis Public Works Committee Report 1. PW 2018-102 East Alley Parking Lot – Grant of Easement 2. PW 2019-53 Mill Road Resurfacing – Consent to Bid Award 3. PW 2019-54 Grande Reserve Unit 2 – Bond Release 4. PW 2019-55 Grande Reserve Unit 5 – Bond Release United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us City Council Agenda August 27, 2019 Page 2 Public Works Committee Report (cont’d): 5. PW 2019-56 Casey’s – Letter of Credit Release 6. PW 2019-57 Well #4 Autotransformer Purchase 7. PW 2019-59 Materials Storage Shed a. Resolution Authorizing the Execution of a Contract with Lite Construction, Montgomery, IL, for the Construction of the Public Works Materials Storage Shed in the Amount Not to Exceed $249,700. b. Ordinance Authorizing the Fourth Amendment to the Annual Budget for the Fiscal Year Commencing on May 1, 2019 and Ending on April 30, 2020 8. PW 2019-60 Mill Road Land Acquisition – Plats of Dedication Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: 1. ADM 2019-34 Ordinance Amending the Regulations for Solicitors, Hawkers and Itinerant Merchants 2. ADM 2019-37 Monthly Treasurer’s Report for June and July 2019 3. ADM 2019-42 Ordinance Authorizing the Thirteenth Amendment to the Annual Budget for the Fiscal Year Commencing on May 1, 2018 and Ending on April 30, 2019 (Fox Hill SSA) 4. ADM 2019-43 Resolution Approving the Declaration of Trust of the Illinois Trust (Formerly Known as the Illinois Institutional Investors Trust) and Authorizing the Execution Thereof, and Authorizing Certain Officials to Act on Behalf of the United City of Yorkville 5. ADM 2019-44 Resolution Approving Investment Services with Illinois Public Reserves Investment Management Trust 6. ADM 2019-46 2019 City Survey 7. ADM 2019-48 Ordinance Amending the Salaries for Appointed Municipal Officers Park Board: Planning and Zoning Commission: City Council Report: 1. ADM 2018-88 and EDC 2019-69 Ordinance Approving a Redevelopment Agreement for the Old Jail City Clerk’s Report: Community and Liaison Report: Staff Report: Additional Business: Citizen Comments: Executive Session: City Council Agenda August 27, 2019 Page 3 Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: September 18, 2019 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Funkhouser Finance Library Vice-Chairman: Alderman Transier Administration Committee: Alderman Plocher Committee: Alderman Peterson ECONOMIC DEVELOPMENT: September 3, 2019 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Milschewski Community Development Planning & Zoning Commission Vice-Chairman: Alderman Peterson Building Safety & Zoning Kendall Co. Plan Commission Committee: Alderman Koch Committee: Alderman Frieders PUBLIC SAFETY: September 5, 2019 – 6:30 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Tarulis Police School District Vice-Chairman: Alderman Frieders Committee: Alderman Milschewski Committee: Alderman Transier PUBLIC WORKS: September 17, 2019 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Plocher Public Works Park Board Vice-Chairman: Alderman Koch Engineering YBSD Committee: Alderman Funkhouser Parks and Recreation Committee: Alderman Tarulis UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, August 27, 2019 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- BILLS FOR PAYMENT: ----------------------------------------------------------------------------------------------------------------------------------------- □ Approved ________ □ As presented □ As amended □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ---------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2019-50 Appointments to Boards and Commissions □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2019-51 Adult-Use Cannabis □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2018-102 East Alley Parking Lot – Grant of Easement □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2019-53 Mill Road Resurfacing – Consent to Bid Award □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2019-54 Grande Reserve Unit 2 – Bond Release □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2019-55 Grande Reserve Unit 5 – Bond Release □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2019-56 Casey’s – Letter of Credit Release □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2019-57 Well #4 Autotransformer Purchase □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2019-59 Materials Storage Shed a. Resolution Authorizing the Execution of a Contract with Lite Construction, Montgomery, IL, for the Construction of the Public Works Materials Storage Shed in the Amount Not to Exceed $249,700. □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Ordinance Authorizing the Fourth Amendment to the Annual Budget for the Fiscal Year Commencing on May 1, 2019 and Ending on April 30, 2020 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes ___________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2019-60 Mill Road Land Acquisition – Plats of Dedication □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2019-34 Ordinance Amending the Regulations for Solicitors, Hawkers and Itinerant Merchants □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes ___________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2019-37 Monthly Treasurer’s Report for June and July 2019 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes ___________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. ADM 2019-42 Ordinance Authorizing the Thirteenth Amendment to the Annual Budget for the Fiscal Year Commencing on May 1, 2018 and Ending on April 30, 2019 (Fox Hill SSA) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes ___________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. ADM 2019-43 Resolution Approving the Declaration of Trust of the Illinois Trust (Formerly Known as the Illinois Institutional Investors Trust) and Authorizing and Execution Thereof, and Authorizing Certain Officials to Act on Behalf of the United City of Yorkville □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes ___________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. ADM 2019-44 Resolution Approving Investment Services with Illinois Public Reserves Investment Management Trust □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes ___________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 6. ADM 2019-46 2019 City Survey □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes ___________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 7. ADM 2019-48 Ordinance Amending the Salaries for Appointed Municipal Officers □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes ___________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ---------------------------------------------------------------------------------------------------------------------------------------- CITY COUNCIL REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2018-88 and EDC 2019-69 Ordinance Approving a Redevelopment Agreement for the Old Jail □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes ___________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Bills for Payment Tracking Number Bills for Payment City Council – August 27, 2019 Majority Approval Amy Simmons Finance Name Department                   01-110  ADMINISTRATION                                                 11-111  FOX HILL SSA                                              25-225  PARKS & REC CAPITAL         82-820  LIBRARY OPERATIONS 01-120  FINANCE                                                                12-112  SUNFLOWER ESTATES                                 42-420  DEBT SERVICE       84-840  LIBRARY CAPITAL 01-210  POLICE                                                                 15-155  MOTOR FUEL TAX(MFT)                               51-510  WATER OPERATIONS                   87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT                             23-216  MUNICIPAL BUILDING                                 52-520  SEWER OPERATIONS            88-880  DOWNTOWN TIF 01-410  STREET OPERATIONS                                             23-230  CITY-WIDE CAPITAL                                       72-720  LAND CASH                                                    89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION                                        25-205  POLICE CAPITAL                                           79-790  PARKS DEPARTMENT                                     90-XXX  DEVELOPER ESCROW 01-640  ADMINISTRATIVE SERVICES                 25-215  PUBLIC WORKS CAPITAL                    79-795  RECREATION DEPARTMENT                    95-XXX  ESCROW DEPOSIT DATE: 08/15/19 UNITED CITY OF YORKVILLE PAGE: 1TIME: 12:25:05 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 131152 KCR KENDALL COUNTY RECORDER'S 08/06/19 16941 08/06/19 01 NEW UTILITY LIEN FILED 51-510-54-00-5448 53.00 02 E VAN EMMON & BENJAMIN ST 90-142-00-00-0011 53.00 03 REZONING ORDINANCE APPROVAL ** COMMENT ** 04 701 N BRIDGE REZONING 90-143-00-00-0011 53.00 05 ORDINANCE APPROVAL ** COMMENT ** INVOICE TOTAL: 159.00 * CHECK TOTAL: 159.00 TOTAL AMOUNT PAID: 159.00Page 1 of 39                   01-110  ADMINISTRATION                                                 11-111  FOX HILL SSA                                              25-225  PARKS & REC CAPITAL         82-820  LIBRARY OPERATIONS 01-120  FINANCE                                                                12-112  SUNFLOWER ESTATES                                 42-420  DEBT SERVICE       84-840  LIBRARY CAPITAL 01-210  POLICE                                                                 15-155  MOTOR FUEL TAX(MFT)                               51-510  WATER OPERATIONS                   87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT                             23-216  MUNICIPAL BUILDING                                 52-520  SEWER OPERATIONS            88-880  DOWNTOWN TIF 01-410  STREET OPERATIONS                                             23-230  CITY-WIDE CAPITAL                                       72-720  LAND CASH                                                    89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION                                        25-205  POLICE CAPITAL                                           79-790  PARKS DEPARTMENT                                     90-XXX  DEVELOPER ESCROW 01-640  ADMINISTRATIVE SERVICES                 25-215  PUBLIC WORKS CAPITAL                    79-795  RECREATION DEPARTMENT                    95-XXX  ESCROW DEPOSIT DATE: 08/07/19 UNITED CITY OF YORKVILLE TIME: 12:53:08 CHECK REGISTERPRG ID: AP215000.WOW CHECK DATE: 08/08/19CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530111 R0002268 CIAMACK LOGHMANI 080719-CLOSING 08/07/19 01 AQUISITION OF 23-230-60-00-6012 13,000.00 02 PIN#02-11-400-004 - MILL ROAD ** COMMENT ** INVOICE TOTAL: 13,000.00 * CHECK TOTAL: 13,000.00 TOTAL AMOUNT PAID: 13,000.00Page 2 of 39                   01-110  ADMINISTRATION                                                 11-111  FOX HILL SSA                                              25-225  PARKS & REC CAPITAL         82-820  LIBRARY OPERATIONS 01-120  FINANCE                                                                12-112  SUNFLOWER ESTATES                                 42-420  DEBT SERVICE       84-840  LIBRARY CAPITAL 01-210  POLICE                                                                 15-155  MOTOR FUEL TAX(MFT)                               51-510  WATER OPERATIONS                   87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT                             23-216  MUNICIPAL BUILDING                                 52-520  SEWER OPERATIONS            88-880  DOWNTOWN TIF 01-410  STREET OPERATIONS                                             23-230  CITY-WIDE CAPITAL                                       72-720  LAND CASH                                                    89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION                                        25-205  POLICE CAPITAL                                           79-790  PARKS DEPARTMENT                                     90-XXX  DEVELOPER ESCROW 01-640  ADMINISTRATIVE SERVICES                 25-215  PUBLIC WORKS CAPITAL                    79-795  RECREATION DEPARTMENT                    95-XXX  ESCROW DEPOSIT DATE: 08/08/19 UNITED CITY OF YORKVILLE TIME: 09:40:59 CHECK REGISTERPRG ID: AP215000.WOW CHECK DATE: 08/09/19CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530112 R0002269 PROPIEDADES MAGANA, LLC 081419-CLOSING 08/08/19 01 AQUISITION OF 23-230-60-00-6012 4,000.00 02 PIN#02-11-400-004 - MILL ROAD ** COMMENT ** INVOICE TOTAL: 4,000.00 * CHECK TOTAL: 4,000.00 TOTAL AMOUNT PAID: 4,000.00Page 3 of 39                            DATE: 08/15/19 UNITED CITY OF YORKVILLE PAGE: 1TIME: 09:53:07 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900078 FNBO FIRST NATIONAL BANK OMAHA 08/25/19 082519-A.HERNANDEZ 07/31/19 01 HOME DEPO-FENDER WASHER, NUTS, 79-790-56-00-5640 45.88 02 BOLTS ** COMMENT ** INVOICE TOTAL: 45.88 * 082519-A.SIMMONS 07/31/19 01 LIBERTY MUTUAL-SURETY BOND 82-820-54-00-5462 456.00 02 RENEWAL ** COMMENT ** 03 CIVIC PLUS-ANNUAL REWAL FEE 01-640-54-00-5450 130.28 04 FOR SSL CERTIFICATE ** COMMENT ** 05 ALARM DETECTION 23-216-54-00-5446 529.44 06 SYSTEMS-JUL-SEPT MONITORING AT ** COMMENT ** 07 800 GAME FARM RD ** COMMENT ** 08 ALARM DETECTION 23-216-54-00-5446 136.83 09 SYSTEMS-JUL-SEPT MONITORING AT ** COMMENT ** 10 102 ED VAN EMMON ** COMMENT ** 11 JUL 2019 POSTAGE 01-210-54-00-5452 3.30 12 JUL 2019 POSTAGE 51-510-54-00-5452 12.65 13 JUL 2019 POSTAGE 01-220-54-00-5452 1.65 14 JUL 2019 POSTAGE 01-120-54-00-5452 37.40 15 VERIZON-JUN 2019 IN CAR UNITS 01-210-54-00-5440 720.22 16 VERIZON-JUN 2019 MOBILE PHONES 01-220-54-00-5440 279.71 17 VERIZON-JUN 2019 MOBILE PHONES 01-210-54-00-5440 972.18 18 VERIZON-JUN 2019 MOBILE PHONES 79-795-54-00-5440 72.98 19 VERIZON-JUN 2019 MOBILE PHONES 51-510-54-00-5440 309.28 20 VERIZON-JUN 2019 MOBILE PHONES 52-520-54-00-5440 38.01 21 TARGET-BUDGET BINDERS 01-110-56-00-5610 3.70 22 SERVICE PRINTING-POSTAGE FOR 79-795-54-00-5426 3,303.01 23 FALL CATALOGS ** COMMENT ** 24 GO DADDY-RENEWAL FOR ONLINE 01-640-54-00-5450 199.99 25 SECURITY CERTFICATES ** COMMENT ** INVOICE TOTAL: 7,206.63 * 082519-B.OLSEM 07/31/19 01 TRIBUNE-SUBSCRIPTION RENEWAL 01-110-54-00-5460 91.00 INVOICE TOTAL: 91.00 * 082519-B.PFIZENMAIER 07/31/19 01 FBI LEEDA-SLI CLASS -STROUP 01-210-54-00-5412 695.00 02 AMERICAN TIRE-REPLACED FUEL 01-210-54-00-5495 1,375.26 03 PUMP, PERFORMED ALIGNMENT ** COMMENT ** 04 AMERICAN TIRE-REPLACED SENSOR 01-210-54-00-5495 195.55 05 AMERICAN TIRE-OIL CHANGE 01-210-54-00-5495 199.48 06 AMERICAN TIRE-OIL CHANGEM 01-210-54-00-5495 1,099.98 07 REPLACED IDLER ARM, SERPENTINE ** COMMENT ** 08 BELT, MOUNTED AND BALNCED ** COMMENT ** 09 TIRES ** COMMENT ** 10 AMERICAN TIRE-MOUNT TIRES 01-210-54-00-5495 125.02 11 AMERICAN TIRE-ELECTRICAL 01-210-54-00-5495 312.87Page 4 of 39                            DATE: 08/15/19 UNITED CITY OF YORKVILLE PAGE: 2TIME: 09:53:07 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900078 FNBO FIRST NATIONAL BANK OMAHA 08/25/19 082519-B.PFIZENMAIER 07/31/19 12 DIAGNOSTIC ON CO0LING SYSTEM ** COMMENT ** 13 HOME DEPO-REFRIGERATOR 23-216-56-00-5656 1,218.00 14 AMERICAN TIRE-OIL CHANGE 01-210-54-00-5495 48.15 15 AMERICAN TIRE-DIAGNOSTIC WORK 01-210-54-00-5495 70.00 16 AMERICAN TIRE-MOUNT TIRES 01-210-54-00-5495 86.72 17 BATERIES PLUS-BATTERIES 01-210-56-00-5620 12.99 18 AMAZON-DOG LEASH, GLOVES 01-210-56-00-5620 32.67 19 STEVEN-EMBROIDERY 01-210-56-00-5600 80.00 20 AMERICAN TIRE-REPLACE FRONT 01-210-54-00-5495 64.21 21 TIRES ** COMMENT ** 22 AMERICAN TIRE-TIRES MOUNTED 01-210-54-00-5495 86.10 23 AMERICAN TIRE-TIRES MOUNTED 01-210-54-00-5495 32.78 24 AMAZON-TACTICAL PANTS- 01-210-56-00-5600 47.49 25 KETCHMARK ** COMMENT ** 26 AMAZON-RECEIPT BOOK, MEASURING 01-210-56-00-5620 77.07 27 WHEEL ** COMMENT ** 28 AMAZON-FIRST AID SUPPLIES 01-210-56-00-5620 142.91 29 ILACP-ANNUAL MEMBERSHIP DUES 01-210-54-00-5460 220.00 30 AMERICAN TIRE-BRAKE REPAIR, 01-210-54-00-5495 455.96 31 OIL CHANGE ** COMMENT ** INVOICE TOTAL: 6,678.21 * 082519-D.SMITH 07/31/19 01 ELBURN RADIATOR-REPAIR CORNER 79-790-54-00-5495 668.79 02 SEAM LEAK & RESOLDER SIDE RAIL ** COMMENT ** INVOICE TOTAL: 668.79 * 082519-E.DHUSE 07/31/19 01 ZORO-SKID SPRAYER 01-410-56-00-5640 659.33 02 NAPA#230390-BATTERY 79-790-56-00-5640 51.52 03 NAPA#230831-OIL, RELAY 01-410-56-00-5628 39.76 04 NAPA#230955-BOXED MINIATURES 01-410-56-00-5628 2.86 05 NAPA#230949-BOXED MINIATURES 01-410-56-00-5628 9.87 06 NAPA#231042-SCREWS, WASHERS 79-790-56-00-5640 1.28 07 NAPA#231581-OIL FILTERS 79-790-56-00-5640 81.90 08 NAPA#231831-BRAKE BRACKET 01-410-56-00-5640 7.57 09 NAPA#232266-PIN CLIPS 01-410-56-00-5640 24.98 INVOICE TOTAL: 879.07 * 082519-E.TOPPER 07/31/19 01 AMAZON-NOTE PADS, TELEPHONE 82-820-56-00-5610 70.38 02 EXTENSION CORD, CORRECTION ** COMMENT ** 03 TAPE ** COMMENT ** 04 AMAZON-PAPER TOWEL, CLEANERS 82-820-56-00-5620 285.91 05 AMERICAN FLAG-2 US FLAGS 82-820-56-00-5620 139.90 06 AMAZON-TONER CARTRIDGES 82-820-56-00-5610 374.88 07 AMAZON-RETURNED MERCHANDISE 82-820-56-00-5620 -17.58 08 CREDIT ** COMMENT ** INVOICE TOTAL: 853.49 *Page 5 of 39                            DATE: 08/15/19 UNITED CITY OF YORKVILLE PAGE: 3TIME: 09:53:07 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900078 FNBO FIRST NATIONAL BANK OMAHA 08/25/19 082519-E.WILLRETT 07/31/19 01 AMAZON-120GB SSD DRIVES, 01-640-54-00-5450 99.26 02 METAL MOUNTINBG BRACKETS ** COMMENT ** 03 ELEMENT 4-JULY CLOUD CONNECT 01-640-54-00-5450 1,100.00 04 OFFSITE BACKUPS ** COMMENT ** INVOICE TOTAL: 1,199.26 * 082519-J.DYON 07/31/19 01 HOME DEPO-HAND SOAP 01-110-56-00-5610 9.44 02 SAMS-PAPER TOWELS, CUPS, 01-110-56-00-5610 38.94 03 KLEENEX ** COMMENT ** 04 WAREHOUSE DIRECT-FOLDERS 51-510-56-00-5620 74.40 INVOICE TOTAL: 122.78 * 082519-J.ENGBERG 07/31/19 01 ESRI-ARC GIS BUSINESS ANALYST 01-220-54-00-5460 26.30 02 SUBSCRIPTION RENEWAL ** COMMENT ** 03 ADOBE-MONTHLY CREATIVE CLOUD 01-220-54-00-5462 52.99 04 FEE ** COMMENT ** INVOICE TOTAL: 79.29 * 082519-J.GALAUNER 07/31/19 01 JEWEL-WATER 79-795-56-00-5607 9.00 02 SHELL-BAIT FOR FISHING CAMP 79-795-56-00-5606 3.89 INVOICE TOTAL: 12.89 * 082519-J.SLEEZER 07/31/19 01 JOHNSON'S SCREEN PRINT-STAFF 52-520-56-00-5600 149.39 02 SHIRTS ** COMMENT ** 03 JOHNSON'S SCREEN PRINT-STAFF 51-510-56-00-5600 230.93 04 SHIRTS ** COMMENT ** 05 JOHNSON'S SCREEN PRINT-STAFF 01-410-56-00-5600 230.93 06 SHIRTS ** COMMENT ** INVOICE TOTAL: 611.25 * 082519-K.BARKSDALE 07/31/19 01 PROJECT VELVET MEETING 01-220-54-00-5415 35.00 02 PARKING ** COMMENT ** 03 WAREHOUSE DIRECT-FOLDERS,CLIPS 01-220-56-00-5610 34.20 04 WAREHOUSE DIRECT-MOUSE 01-220-56-00-5610 24.24 05 ESRI-ARC GIS ANNUAL 01-220-54-00-5460 500.00 06 MAINTENANCE AND LICENSE ** COMMENT ** 07 RENEWAL ** COMMENT ** 08 KONE - JUL 2019 ELEVATOR 23-216-54-00-5446 155.07 09 MAINTENANCE ** COMMENT ** 10 WAREHOUSE DIRECT-FOLDERS,PENS 01-220-56-00-5610 53.41 INVOICE TOTAL: 801.92 * 082519-K.GREGORY 07/31/19 01 ARAMARK#001591721486-MATS 52-520-54-00-5485 41.44 02 ARAMARK#001591697110-MATS 01-410-54-00-5485 41.44 03 JIMMY JOHNS-STAFF MEETING 01-110-54-00-5415 83.84Page 6 of 39                            DATE: 08/15/19 UNITED CITY OF YORKVILLE PAGE: 4TIME: 09:53:07 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900078 FNBO FIRST NATIONAL BANK OMAHA 08/25/19 082519-K.GREGORY 07/31/19 04 LUNCH ** COMMENT ** 05 FIRST PLACE RENTAL-ORING 51-510-54-00-5490 101.69 06 REPLACEMENT ON PRIMER CAP ** COMMENT ** 07 ARAMARK#1591891234-MATS 01-410-54-00-5485 48.82 08 ARAMARK#1591899360-MATS 52-520-54-00-5485 48.82 09 ARAMARK#1591907356-MATS 01-410-54-00-5485 48.82 10 TRUGREEN-CITY PROPERTY UPKEEP 23-216-54-00-5446 129.00 11 TRUGREEN-PW PROPERTY UPKEEP 51-510-54-00-5445 1,250.00 12 HILTON-IML LODGING-FUNKHOUSER 01-110-54-00-5415 626.92 13 HILTON-IML LODGING-MILSCHEWSKI 01-110-54-00-5415 940.38 14 HILTON-IML LODGING-FRIEDERS 01-110-54-00-5415 940.38 15 HILTON-IML LODGING-PURCELL 01-110-54-00-5415 940.38 16 HILTON-IML LODGING-KOCH 01-110-54-00-5415 626.92 INVOICE TOTAL: 5,868.85 * 082519-L.PICKERING 07/31/19 01 IIMC ANNUAL MEMBERSHIP FEE 01-110-54-00-5460 170.00 02 RENEWAL - PICKERING ** COMMENT ** 03 TRIBUNE-701 N BRIDGE REZONING 90-143-00-00-0011 216.91 04 & VARIANCE PUBLIC HEARING ** COMMENT ** 05 NOTICE ** COMMENT ** 06 TRIBUNE-E VAN EMMON & 90-142-00-00-0011 443.45 07 BENJAMIN ST REZONING & ** COMMENT ** 08 VARIANCE PUBLIC HEARING NOTICE ** COMMENT ** 09 TRIBUNE-ACCESSORY BUILDINGS & 01-220-54-00-5426 161.47 10 STRUCTURES PUBLIC HEARING ** COMMENT ** 11 NOTICE ** COMMENT ** 12 RICHARD PRYOR-MISTAKE FREE 01-110-54-00-5412 99.00 13 GRAMMER & PROOFREADING ** COMMENT ** 14 SEMINAR-BEHLAND ** COMMENT ** INVOICE TOTAL: 1,090.83 * 082519-N.DECKER 07/31/19 01 O'HERRON-PD UNIFORMS & PATCHES 01-210-56-00-5600 625.18 02 O'HERRON-VESTS 01-210-56-00-5690 1,341.20 03 YORKVILLE STORAGE-JULY 2019 01-210-54-00-5485 95.00 04 STORAGE RENTAL ** COMMENT ** 05 SHRED-IT-JUNE 6 ON-SITE 01-210-54-00-5462 177.50 06 SHREDDING ** COMMENT ** 07 KENDALL PRINTING-1,000 CASE 01-210-54-00-5430 488.05 08 MANAGEMENT FORMS, 500 BUSINESS ** COMMENT ** 09 CARDS-SOEBBING ** COMMENT ** 10 COMCAST-06/15-07/14 SERVICE 01-640-54-00-5449 1,145.55 11 O'HERRON-PD UNIFORMS 01-210-56-00-5600 157.64 12 O'HERRON-VESTS 01-210-56-00-5690 762.22 13 AMAZON-RECORDABLE DISCS, 01-210-56-00-5610 34.74 14 PRINTER CABLE ** COMMENT **Page 7 of 39                            DATE: 08/15/19 UNITED CITY OF YORKVILLE PAGE: 5TIME: 09:53:07 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900078 FNBO FIRST NATIONAL BANK OMAHA 08/25/19 082519-N.DECKER 07/31/19 15 AT&T-06/25-07/24 SERVICE 01-210-54-00-5440 211.17 16 COMCAST-07/08-08/07 CABLE 01-210-54-00-5440 4.20 17 IPASS-3 NEW TRANSPONDERS 01-210-56-00-5620 30.00 18 ACCURRINT-JUNE 2019 SEARCHES 01-210-54-00-5462 198.50 INVOICE TOTAL: 5,270.95 * 082519-P.RATOS 07/31/19 01 AMAZON-SINK REPLACEMENT PART 23-216-54-00-5446 53.89 02 AMAZON-FAUCET KEY 23-216-54-00-5446 8.49 03 AMAZON-FAUCET REPLACEMENT 23-216-54-00-5446 53.81 04 CARTRIDGE ** COMMENT ** INVOICE TOTAL: 116.19 * 082519-R.FREDRICKSON 07/31/19 01 COMCAST-06/10-07/09 INTERNET 82-820-54-00-5440 420.20 02 & PHONE ** COMMENT ** 03 COMCAST-06/12-07/11 CABLE 01-110-54-00-5440 21.01 04 COMCAST-06/13-07/12 610 TOWER 51-510-54-00-5440 106.85 05 PLANT INTERNET ** COMMENT ** 06 COMCAST-06/15-07/14 102 E VAN 79-795-54-00-5440 68.11 07 EMMON INTERNET ** COMMENT ** 08 COMCAST-06/15-07/14 CABLE 79-795-54-00-5440 20.45 09 NEWTEK-04/11-08/11 WEB HOSTING 01-640-54-00-5450 16.59 10 COMCAST-06/24-07/23 201 W 79-790-54-00-5440 83.92 11 HYDRAULIC INTERNET ** COMMENT ** 12 COMCAST-06/24-07/23 201 W 79-795-54-00-5440 62.93 13 HYDRAULIC INTERNET ** COMMENT ** 14 COMCAST-06/24-07/23 800 GAME 01-110-54-00-5440 39.37 15 FARM RD INTERNET ** COMMENT ** 16 COMCAST-06/24-07/23 800 GAME 01-220-54-00-5440 33.75 17 FARM RD INTERNET ** COMMENT ** 18 COMCAST-06/24-07/23 800 GAME 01-120-54-00-5440 22.50 19 FARM RD INTERNET ** COMMENT ** 20 COMCAST-06/24-07/23 800 GAME 01-210-54-00-5440 146.23 21 FARM RD INTERNET ** COMMENT ** 22 YORKVILLE POST-JULY POSTAGE 01-210-54-00-5452 3.30 23 YORKVILLE POST-JULY POSTAGE 51-510-54-00-5452 12.65 24 YORKVILLE POST-JULY POSTAGE 01-220-54-00-5452 1.65 25 YORKVILLE POST-JULY POSTAGE 01-120-54-00-5452 37.40 26 COMCAST-07/29-08/28 185 WOLF 79-790-54-00-5440 89.91 27 ST INTERNET ** COMMENT ** 28 COMCAST-07/29-08/28 185 WOLF 79-790-54-00-5440 98.25 29 ST PHONE & CABLE ** COMMENT ** 30 COMCAST-06/30-07/29 610 TOWER 52-520-54-00-5440 39.48 31 INTERNET ** COMMENT ** 32 COMCAST-06/30-07/29 610 TOWER 01-410-54-00-5440 78.95 33 INTERNET ** COMMENT **Page 8 of 39                            DATE: 08/15/19 UNITED CITY OF YORKVILLE PAGE: 6TIME: 09:53:07 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900078 FNBO FIRST NATIONAL BANK OMAHA 08/25/19 082519-R.FREDRICKSON 07/31/19 34 COMCAST-06/30-07/29 610 TOWER 51-510-54-00-5440 118.42 35 INTERNET ** COMMENT ** 36 COMCAST-07/10-08/09 INTERNET & 82-820-54-00-5440 421.52 37 PHONE ** COMMENT ** INVOICE TOTAL: 1,943.44 * 082519-R.HARMON 07/31/19 01 CARSONB DELLOSA-PRESCHOOL 79-795-56-00-5606 36.55 02 START-UP SUPPLIES ** COMMENT ** 03 LAKESHORE-NAMETAGS, STICKERS, 79-795-56-00-5606 188.79 04 PLANNING BOOK, BULLETIN ** COMMENT ** 05 BOARD AIDS ** COMMENT ** 06 AMAZON-PRESCHOOL STARTUP AIDS 79-795-56-00-5606 78.28 07 AMAZON-CELLOPHANE BAGS 79-795-56-00-5602 7.28 08 AMAZON-STICKERS 79-795-56-00-5606 10.39 09 MICHAELS-CRAFT SUPPLIES 79-795-56-00-5606 67.69 10 IKEA-STORAGE CARTS 79-795-56-00-5606 43.00 11 AMAZON-CREEPY CRAWLY COUNTERS 79-795-56-00-5606 46.77 12 SHELLS, BALLOONS ** COMMENT ** 13 AMAZON-CARDSTOCK 79-795-56-00-5606 14.71 14 CRAFTY CLASSROOM-NOTEBOOKS 79-795-56-00-5606 15.00 15 AMAZON-BABY TOYS 79-795-56-00-5602 36.08 16 AMAZON-LEARNING GAMES/TOYS 79-795-56-00-5606 246.02 17 TARGET-TOWELS 79-795-56-00-5606 38.93 18 AMAZON-BATTERIES, TABLE GUARDS 79-795-56-00-5606 25.01 INVOICE TOTAL: 854.50 * 082519-R.MIKOLASEK 07/31/19 01 TEAM ONE NETWORK-ARMORERS 01-210-54-00-5412 700.00 02 COURSE REGISTRATION-MIKOLASEK ** COMMENT ** INVOICE TOTAL: 700.00 * 082519-R.WRIGHT 07/31/19 01 PHYSICIANS CARE-DRUG TESTS 01-410-54-00-5462 136.00 02 PHYSICIANS CARE-DRUG TESTS 79-790-54-00-5462 58.00 03 PHYSICIANS CARE-DRUG TESTS 79-795-54-00-5462 215.00 04 APA ANNUAL MEMBERSHIP-WRIGHT 01-120-54-00-5460 289.00 INVOICE TOTAL: 698.00 * 082519-S.IWANSKI 08/12/19 01 YORKVILLE POST-BOOK CLUB 82-820-54-00-5452 8.32 02 POSTAGE ** COMMENT ** INVOICE TOTAL: 8.32 * 082519-S.REDMON 07/31/19 01 PETITE PALETTE-YOUTUBE VIDEO 79-795-54-00-5462 650.00 02 EDITING CLASS INSTRUCTION ** COMMENT ** 03 AT&T UVERSE-06/24-07/23 TOWN 79-795-54-00-5440 56.40 04 SQAURE SIGN INTERNET ** COMMENT ** 05 SOURCE ONE-SOAP, PAPER TOWELS 79-795-56-00-5607 64.27Page 9 of 39                            DATE: 08/15/19 UNITED CITY OF YORKVILLE PAGE: 7TIME: 09:53:07 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900078 FNBO FIRST NATIONAL BANK OMAHA 08/25/19 082519-S.REDMON 07/31/19 06 GOLD MEDAL-BRIDGE PARK 79-795-56-00-5607 1,128.38 07 CONCESSION SUPPLIES ** COMMENT ** 08 WALMART-BUNS, CUTLERY, FOIL 79-795-56-00-5607 48.14 09 YORKVILLE ACE-KEYS 79-795-56-00-5606 5.98 10 SAMS - SIMPLY LEMON 79-795-56-00-5606 97.00 11 PESOLA-EVENT BANNERS 79-795-56-00-5606 582.00 12 BOUNCE TOWN-INFLATABLES FOR 79-795-56-00-5606 1,678.50 13 4TH OF JULY ** COMMENT ** 14 ROC'N'KIDS-SUMMER TOT ROCK 79-795-54-00-5462 329.00 15 CLASS INSTRUCTION ** COMMENT ** 16 SOURCE ONE-PAPER TOWELS 79-795-56-00-5640 38.87 17 WALMART-SPORTS DRINKS 79-795-56-00-5606 65.07 18 WALMART-BUNS 79-795-56-00-5607 83.42 19 WALMART-ICE 79-795-56-00-5606 62.16 20 SOURCE ONE-TOILET TISSUE 79-795-56-00-5607 37.91 21 SOURCE ONE-TOILET TISSUE 79-795-56-00-5640 37.91 22 WALMART-BUNS, CANDY 79-795-56-00-5607 59.86 23 JEWEL-RIVERFEST SUPPLIES 79-795-56-00-5606 20.00 24 SMITHEREEN-07/05 PEST CONTROL 79-795-54-00-5495 65.00 25 SMITHEREEN-07/01 PEST CONTROL 79-795-54-00-5495 88.00 26 SMITHEREEN-07/16 PEST CONTROL 79-795-54-00-5495 50.00 27 REINDERS-WASHERS 79-790-56-00-5640 25.73 28 REINDERS-OIL, SPINDLE SHAFT, 79-790-56-00-5640 160.33 29 SCREWS, KEY SWITCH ** COMMENT ** 30 REINDERS-PEERS 79-790-56-00-5640 117.99 31 ARAMARK#1591883189-MATS 79-790-56-00-5620 15.82 32 ARAMARK#1591891233-MATS 79-790-56-00-5620 15.82 33 ARAMARK#1591907355-MATS 79-790-56-00-5620 15.82 34 LISA LOMBARDI-THRILLS & 79-795-54-00-5462 170.10 35 CHILLS OF ICE CREAM SUMMER ** COMMENT ** 36 CAMP INSTRUCTION ** COMMENT ** INVOICE TOTAL: 5,769.48 * 082519-S.REMUS 07/31/19 01 FACEBOOK-EVENT ADVERTISING 79-795-54-00-5426 49.00 INVOICE TOTAL: 49.00 * 082519-S.SLEEZER 07/31/19 01 GROUND EFFECTS-DIRT 79-790-56-00-5620 52.00 02 GROUND EFFECTS-DIRT 79-790-56-00-5620 104.00 03 TRUGREEN-JUNE 2019 GROUNDS 79-790-54-00-5495 3,765.00 04 TREATMENTS ** COMMENT ** 05 FIRST PLACE RENTAL-TRENCHER 79-790-54-00-5485 556.30 06 RENTAL ** COMMENT ** 07 RIVERVIEW-BRAKE REPAIR 79-790-54-00-5495 1,502.70 08 SPORTSFIELDS-BASEBALL INFIELD 79-790-56-00-5640 1,073.47 09 MIX ** COMMENT **Page 10 of 39                            DATE: 08/15/19 UNITED CITY OF YORKVILLE PAGE: 8TIME: 09:53:07 MANUAL CHECK REGISTERID: AP225000.CBLCHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900078 FNBO FIRST NATIONAL BANK OMAHA 08/25/19 082519-S.SLEEZER 07/31/19 10 GROUND EFFECTS-STRAW 79-790-56-00-5640 30.16 INVOICE TOTAL: 7,083.63 * 082519-T.HOULE 07/31/19 01 HOMEDEPO-SPRAY PAINT 79-790-56-00-5620 59.76 02 RURAL KING-MOTOR OIL 79-790-56-00-5640 129.90 03 HOME DEPO-REBAR 79-790-56-00-5640 47.64 04 HOME DEPO-PAPER TOWEL 79-790-56-00-5620 89.85 05 PLANO STORE-TACKLE BOX 79-790-56-00-5620 7.99 06 ROCK AUTO-PARKING BRAKE CABLES 79-790-56-00-5640 53.99 07 HOME DEPO-GROUND RODS, CLAMPS, 79-790-56-00-5640 153.04 08 METER PEDESTAL ** COMMENT ** 09 HOME DEPO-CONDUIT, HOLE SAW 79-790-56-00-5640 423.17 10 KIT, CLAMPS, NIPPLES, BUSHING, ** COMMENT ** 11 HOLE STRAPS ** COMMENT ** INVOICE TOTAL: 965.34 * 082519-T.NELSON 07/30/19 01 PIT STOP-JULY 2019 PORT-O-LET 79-795-56-00-5620 2,170.00 02 UPKEEP ** COMMENT ** 03 ARCHERY PLACE-JULY 2019 79-795-54-00-5462 575.00 04 ARCHERY CLASS INSTRUCTION ** COMMENT ** INVOICE TOTAL: 2,745.00 * 082519-T.SOELKE 07/31/19 01 DICKS SPORTING-SHIRT 52-520-56-00-5600 21.58 02 TURF TEAM-SOD 01-410-56-00-5640 199.95 INVOICE TOTAL: 221.53 * 082519-UCOY 07/31/19 01 ADVANCED DISPOSAL-JUNE 2019 01-540-54-00-5442 102,342.16 02 REFUSE SERVICE ** COMMENT ** 03 ADVANCED DISPOSAL-JUNE 2019 01-540-54-00-5441 2,875.10 04 SENIOR REFUSE SERVICE ** COMMENT ** INVOICE TOTAL: 105,217.26 * CHECK TOTAL: 157,852.78 TOTAL AMOUNT PAID: 157,852.78Page 11 of 39 01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530817 5STARSOC 5 STAR SOCCER CAMPS INC06251906/25/19 01 JUNE 26-30 SOCCER CAMP79-795-54-00-54621,200.0002 INSTRUCTION** COMMENT **INVOICE TOTAL:1,200.00 *CHECK TOTAL:1,200.00 530818 AMPERAGE AMPERAGE ELECTRICAL SUPPLY INC0936276-IN07/25/19 01 SPLICE KIT01-410-56-00-564226.90INVOICE TOTAL:26.90 *0936966-IN07/26/19 01 BALLAST KIT01-410-56-00-5642144.90INVOICE TOTAL:144.90 *0937546-IN07/29/19 01 BALLAST KIT01-410-56-00-564248.30INVOICE TOTAL:48.30 *0938208-IN07/30/19 01 WIRE01-410-56-00-564247.35INVOICE TOTAL:47.35 *0939803-IN08/01/19 01 SPLICE KITS01-410-56-00-564280.70INVOICE TOTAL:80.70 *0940498-IN08/02/19 01 FUSE HOLDERS, FUSES, BALLAST 01-410-56-00-5642301.0002 KIT** COMMENT **INVOICE TOTAL:301.00 *0940499-IN08/02/19 01 INSTANT RESPONSE TURN-LOCKS, 01-410-56-00-5642696.4802 LAMPS** COMMENT **INVOICE TOTAL:696.48 *CHECK TOTAL:1,345.63D001339 ANTPLACE ANTHONY PLACE YORKVILLE LPPage 12 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D001339 ANTPLACE ANTHONY PLACE YORKVILLE LPSEPT 1908/15/19 01 CITY OF YORKVILLE HOUSING 01-640-54-00-5427634.0002 ASSISTANCE PROGRAM RENT** COMMENT **03 REIMBURSEMENT FOR THE MONTH OF ** COMMENT **04 SEPT 2019** COMMENT **INVOICE TOTAL:634.00 *DIRECT DEPOSIT TOTAL:634.00 530819 ARNESON ARNESON OIL COMPANY25788907/16/19 01 JULY 2019 GASOLINE79-790-54-00-5495186.52INVOICE TOTAL:186.52 *25825907/18/19 01 JULY 2019 GASOLINE79-790-54-00-5495652.33INVOICE TOTAL:652.33 *CHECK TOTAL:838.85 530820 ARNESON ARNESON OIL COMPANY25862607/24/19 01 JULY 2019 GASOLINE79-790-54-00-5495248.74INVOICE TOTAL:248.74 *CHECK TOTAL:248.74 530821 ARNESON ARNESON OIL COMPANY25919007/30/19 01 JULY 2019 DIESEL FUEL01-410-56-00-5695232.1502 JULY 2019 DIESEL FUEL51-510-56-00-5695232.1503 JULY 2019 DIESEL FUEL52-520-56-00-5695232.14INVOICE TOTAL:696.44 *25982007/31/19 01 JULY 2019 DIESEL FUEL01-410-56-00-5695143.8402 JULY 2019 DIESEL FUEL51-510-56-00-5695143.83Page 13 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530821 ARNESON ARNESON OIL COMPANY25982007/31/19 03 JULY 2019 DIESEL FUEL52-520-56-00-5695143.83INVOICE TOTAL:431.50 *CHECK TOTAL:1,127.94 530822 ATLAS ATLAS BOBCAT68976707/29/19 01 HYDRO/ENGINE OIL LEAK REPAIR 01-410-54-00-5490576.09INVOICE TOTAL:576.09 *CHECK TOTAL:576.09 530823 ATT AT&T630553-6805-0719 07/25/19 01 07/25-08/24 SERVICE51-510-54-00-5440368.65INVOICE TOTAL:368.65 *CHECK TOTAL:368.65 530824 BATTERYS BATTERY SERVICE CORPORATION005289608/02/19 01 REBUILT BATTERY PACK01-410-56-00-562050.00INVOICE TOTAL:50.00 *CHECK TOTAL:50.00 530825 BCBSBLUE CROSS BLUE SHIELD08081908/08/19 01 SEPT 2019 HEALTH INS01-110-52-00-52169,168.7702 SEPT 2019 HEALTH INS01-120-52-00-52164,173.4803 SEPT 2019 HEALTH INS01-210-52-00-521652,842.9704 SEPT 2019 HEALTH INS01-220-52-00-52166,930.8805 SEPT 2019 HEALTH INS01-410-52-00-52168,711.0006 SEPT 2019 HEALTH INS01-640-52-00-524013,823.45Page 14 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530825 BCBSBLUE CROSS BLUE SHIELD08081908/08/19 07 SEPT 2019 HEALTH INS79-790-52-00-521612,462.7708 SEPT 2019 HEALTH INS79-795-52-00-52167,338.0409 SEPT 2019 HEALTH INS51-510-52-00-52167,634.5110 SEPT 2019 HEALTH INS52-520-52-00-52164,636.8711 SEPT 2019 HEALTH INS82-820-52-00-52165,537.7412 SEPT 2019 DENTAL INS01-110-52-00-5223654.4013 SEPT 2019 DENTAL INS01-120-52-00-5223432.6914 SEPT 2019 DENTAL INS01-210-52-00-52233,263.9715 SEPT 2019 DENTAL INS01-220-52-00-5223587.6616 SEPT 2019 DENTAL INS01-410-52-00-5223538.7717 SEPT 2019 DENTAL INS01-640-52-00-52411,098.2718 SEPT 2019 DENTAL INS79-790-52-00-5223793.2719 SEPT 2019 DENTAL INS79-795-52-00-5223544.8920 SEPT 2019 DENTAL INS51-510-52-00-5223563.1821 SEPT 2019 DENTAL INS52-520-52-00-5223319.7422 SEPT 2019 DENTAL INS82-820-52-00-5223582.29INVOICE TOTAL:142,639.61 *CHECK TOTAL:142,639.61 530826 BFCONSTR B&F CONSTRUCTION CODE SERVICES1154007/15/19 01 JUNE 2019 INSPECTIONS01-220-54-00-54594,890.00INVOICE TOTAL:4,890.00 *1161908/09/19 01 JULY 2019 INSPECTIONS01-220-54-00-54595,610.00INVOICE TOTAL:5,610.00 *CHECK TOTAL:10,500.00 530827 BKFDBRISTOL KENDALL FIRE DEPART.073119-DEV08/02/19 01 MAY-JUL 2019 DEVELOPMENT FEES 95-000-24-00-245228,300.00INVOICE TOTAL:28,300.00 *CHECK TOTAL:28,300.00Page 15 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530828 BOBSHARP BOB'S SHARPENING & REPAIR INC08121908/12/19 01 3 BLADES SHARPENED01-410-54-00-546224.00INVOICE TOTAL:24.00 *CHECK TOTAL:24.00 530829 BUILDERS BUILDERS ASPHALT LLC4723907/31/19 01 ASPHALT FOR PATCHING23-230-56-00-5632554.95INVOICE TOTAL:554.95 *4734207/31/19 01 ASPHALT FOR PATCHING23-230-56-00-5632429.55INVOICE TOTAL:429.55 *CHECK TOTAL:984.50 530830 CALLONE UNITED COMMUNICATION SYSTEMS1211242-1130059-0719 06/15/19 01 JULY 2019 ADMIN LINES01-110-54-00-5440404.5802 JULY 2019 CITY HALL NORTEL 01-110-54-00-5440165.3503 JULY 2019 CITY HALL NORTEL 01-210-54-00-5440165.3504 JULY 2019 CITY HALL NORTEL 51-510-54-00-5440165.3505 JULY 2019 POLICE LINES01-210-54-00-54401,174.8406 JULY 2019 CITY HALL FIRE01-210-54-00-5440390.1507 JULY 2019 CITY HALL FIRE01-110-54-00-5440390.1508 JULY 2019 PW LINES51-510-54-00-54402,390.7709 JULY 2019 SEWER DEPT LINES 52-520-54-00-5440479.1310 JULY 2019 TRAFFIC SIGNAL01-410-54-00-543553.2011 MAINTENANCE** COMMENT **12 JULY 2019 PARKS LINES79-790-54-00-544057.7113 JULY 2019 RECREATION LINES 79-795-54-00-5440301.07INVOICE TOTAL:6,137.65 *CHECK TOTAL:6,137.65 530831 CAMBRIA CAMBRIA SALES COMPANY INC.Page 16 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530831 CAMBRIA CAMBRIA SALES COMPANY INC.4094108/07/19 01 AIR FRESHNER, PAPER TOWEL 01-110-56-00-5610156.36INVOICE TOTAL:156.36 *CHECK TOTAL:156.36 530832 CARCONST CARROLL CONSTRUCTION SUPPLYAU03317407/15/19 01 PLASTIC KNEELER BOARD79-790-56-00-563065.00INVOICE TOTAL:65.00 *CHECK TOTAL:65.00 530833 CHICMAFP CHICAGO METROPOLITAN AGENCYFY2020--28207/01/19 01 FY2020 LOCAL CONTRIBUTION 01-110-54-00-5460677.53INVOICE TOTAL:677.53 *CHECK TOTAL:677.53 530834 CINTASFP CINTAS CORPORATION FIRE 6365250F9403850807/25/19 01 07/01-09/30 MONITORING AT 51-510-54-00-5445223.0002 3299 LEHMAN CROSSING** COMMENT **INVOICE TOTAL:223.00 *CHECK TOTAL:223.00 530835 COMED COMMONWEALTH EDISON0185079109-071907/29/19 01 06/27-07/29 420 FAIRHAVEN 52-520-54-00-5480145.35INVOICE TOTAL:145.35 *0435113116-071908/01/19 01 07/01-07/31 RT34 & BEECHER 23-216-54-00-548251.96INVOICE TOTAL:51.96 *Page 17 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530835 COMED COMMONWEALTH EDISON0903040077-071907/29/19 01 06/24-07/29 MISC STREET LIGHTS 23-216-54-00-54823,041.91INVOICE TOTAL:3,041.91 *0908014004-071907/30/19 01 06/28-07/30 6780 RT4751-510-54-00-548065.57INVOICE TOTAL:65.57 *0966038077-071907/26/19 01 06/26-07/26 456 KENNEDY RD 23-216-54-00-548255.54INVOICE TOTAL:55.54 *1251108256-071907/26/19 01 06/26-07/26 301 E HYDRAULIC 79-795-54-00-548053.16INVOICE TOTAL:53.16 *1407125045-071907/31/19 01 07/01-07/31 FOXHILL 7 LIFT 52-520-54-00-548077.92INVOICE TOTAL:77.92 *1647065335-071907/30/19 01 06/28-07/30 SARAVANOS PUMP 52-520-54-00-5480160.61INVOICE TOTAL:160.61 *2019099044-071908/05/19 01 06/12-07/12 BRIDGE TANK51-510-54-00-548040.17INVOICE TOTAL:40.17 *29407052031-0719 07/29/19 01 06/27-07/29 RT47 & RIVER23-216-54-00-5482243.65INVOICE TOTAL:243.65 *2961017043-071907/26/19 01 06/26-07/26 PRESTWICK LIFT 52-520-54-00-548090.45INVOICE TOTAL:90.45 *3119142025-071907/26/19 01 06/26-07/26 VAN EMMON LOT 23-216-54-00-548218.78INVOICE TOTAL:18.78 *4085080033-071907/26/19 01 06/26-07/26 1991 CANNONBALL TR 51-510-54-00-5480176.49INVOICE TOTAL:176.49 *4449087016-071908/05/19 01 06/26-07/29 MISC LIFT STATIONS 52-520-54-00-54801,009.25INVOICE TOTAL:1,009.25 *Page 18 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530835 COMED COMMONWEALTH EDISON4475093053-071907/29/19 01 06/27-07/29 610 TOWER51-510-54-00-5480137.15INVOICE TOTAL:137.15 *6819027011-071908/02/19 01 06/26-07/29 MISC PR BUILDINGS 79-795-54-00-5480474.88INVOICE TOTAL:474.88 *7090039005-071908/08/19 01 07/10-08/08 CANNONBALL & RT34 23-216-54-00-548220.80INVOICE TOTAL:20.80 *7110074020-071907/26/19 01 06/26-07/26 104 E VAN EMMON 01-110-54-00-5480691.76INVOICE TOTAL:691.76 *7982120022-071907/29/19 01 06/27-07/29 609 N BRIDGE01-110-54-00-548017.91INVOICE TOTAL:17.91 *CHECK TOTAL:6,573.31 530836 CONSTELL CONSTELLATION NEW ENERGY1536680230108/02/19 01 06/20-07/22 420 POPLAR23-216-54-00-54823,488.54INVOICE TOTAL:3,488.54 *1541288610107/30/19 01 06/27-07/29 1 COUNTRYSIDE PKWY 23-216-54-00-5482111.64INVOICE TOTAL:111.64 *CHECK TOTAL:3,600.18 530837 COREMAIN CORE & MAIN LPK89700307/29/19 01 100CF METERS, METER COUPLING 51-510-56-00-56643,375.50INVOICE TOTAL:3,375.50 *K89702007/29/19 01 METER COUPLING51-510-56-00-5664247.75INVOICE TOTAL:247.75 *Page 19 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530837 COREMAIN CORE & MAIN LPK92647307/29/19 01 81 510M METERS51-510-56-00-566410,530.00INVOICE TOTAL:10,530.00 *CHECK TOTAL:14,153.25 530838 DEARNATI DEARBORN NATIONAL LIFE08091908/09/19 01 SEPT 2019 VISION INS01-110-52-00-522494.1502 SEPT 2019 VISION INS01-120-52-00-522458.9503 SEPT 2019 VISION INS01-210-52-00-5224464.8604 SEPT 2019 VISION INS01-220-52-00-522490.0605 SEPT 2019 VISION INS01-410-52-00-522476.1006 SEPT 2019 VISION INS01-640-52-00-5242179.2907 SEPT 2019 VISION INS79-790-52-00-5224108.0808 SEPT 2019 VISION INS79-795-52-00-522478.9909 SEPT 2019 VISION INS51-510-52-00-522482.5110 SEPT 2019 VISION INS52-520-52-00-522443.7511 SEPT 2019 VISION INS82-820-52-00-522484.33INVOICE TOTAL:1,361.07 *CHECK TOTAL:1,361.07 530839 DYNEGY DYNEGY ENERGY SERVICES26697891907107/31/19 01 06/26-07/28 2921 BRISTOL RDGE 51-510-54-00-54804,376.55INVOICE TOTAL:4,376.55 *26697911907107/31/19 01 06/27-07/28 2224 TREMONT51-510-54-00-54805,419.56INVOICE TOTAL:5,419.56 *26697921908107/31/19 01 06/27-07/28 610 TOWER WELLS 51-510-54-00-54808,092.89INVOICE TOTAL:8,092.89 *CHECK TOTAL:17,889.00Page 20 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530840 ECOECO CLEAN MAINTENANCE INC804907/29/19 01 JULY 2019 OFFICE CLEANING 01-110-54-00-54881,005.0002 JULY 2019 OFFICE CLEANING 01-210-54-00-54881,005.0003 JULY 2019 OFFICE CLEANING 79-795-54-00-5488525.0004 JULY 2019 OFFICE CLEANING 79-790-54-00-5488254.0005 JULY 2019 OFFICE CLEANING 01-410-54-00-548865.0006 JULY 2019 OFFICE CLEANING 51-510-54-00-548865.0007 JULY 2019 OFFICE CLEANING 52-520-54-00-548865.00INVOICE TOTAL:2,984.00 *CHECK TOTAL:2,984.00 530841 ENZUSA ENZ USA INC219201608/01/19 01 18.00SP SURFACE CLEANING HAND 52-520-56-00-5640781.5002 GUN** COMMENT **INVOICE TOTAL:781.50 *CHECK TOTAL:781.50 530842 FIRST FIRST PLACE RENTAL306433-107/29/19 01 BLADE52-520-56-00-561327.98INVOICE TOTAL:27.98 *CHECK TOTAL:27.98 530843 FLATSOS RAQUEL HERRERA1226607/31/19 01 4 NEW TIRES79-790-54-00-5495832.20INVOICE TOTAL:832.20 *CHECK TOTAL:832.20 530844 FLEXFLEX BENEFIT SERVICE CORP.Page 21 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530844 FLEXFLEX BENEFIT SERVICE CORP.8908708/04/19 01 JUL 2019 HRA ADMIN FEES01-110-52-00-521620.0002 JUL 2019 HRA ADMIN FEES01-120-52-00-521610.0003 JUL 2019 HRA ADMIN FEES01-210-52-00-5216110.0004 JUL 2019 HRA ADMIN FEES01-220-52-00-521620.0005 JUL 2019 HRA ADMIN FEES01-410-52-00-52166.6706 JUL 2019 HRA ADMIN FEES79-790-52-00-521622.5007 JUL 2019 HRA ADMIN FEES79-795-52-00-521617.5008 JUL 2019 HRA ADMIN FEES51-510-52-00-521616.6709 JUL 2019 HRA ADMIN FEES52-520-52-00-521611.6610 JUL 2019 HRA ADMIN FEES01-640-52-00-524035.0011 JUL 2019 HRA ADMIN FEES82-820-52-00-521620.0012 JUL 2019 FSA ADMIN FEES01-110-52-00-521612.0013 JUL 2019 FSA ADMIN FEES01-120-52-00-52164.0014 JUL 2019 FSA ADMIN FEES01-210-52-00-521624.0015 JUL 2019 FSA ADMIN FEES01-220-52-00-52164.0016 JUL 2019 FSA ADMIN FEES01-410-52-00-52164.0017 JUL 2019 FSA ADMIN FEES51-510-52-00-521612.00INVOICE TOTAL:350.00 *CHECK TOTAL:350.00 530845 FOXVALLE FOX VALLEY TROPHY & AWARDS3620007/19/19 01 CRUISE NIGHT TROPHIES79-795-56-00-560628.00INVOICE TOTAL:28.00 *CHECK TOTAL:28.00 530846 FOXVALSA FOX VALLEY SANDBLASTING3994107/24/19 01 SANDBLAST & RECOAT SHELTER 79-790-54-00-5495560.0002 POSTS** COMMENT **INVOICE TOTAL:560.00 *CHECK TOTAL:560.00Page 22 of 39   01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530847 GALLS GALL'S INC.01321988407/17/19 01 UNIFORM SHIRTS01-210-56-00-5600309.00INVOICE TOTAL:309.00 *01327204507/24/19 01 NONINSULATED GORETEX BOOTS 01-210-56-00-5600286.95INVOICE TOTAL:286.95 *CHECK TOTAL:595.95 530848 GREGORYK KATELYN GREGORY08081908/12/19 01 ADMIN TRAINING MILEAGE01-110-54-00-541530.0402 REIMBURSEMENT-GREGORY** COMMENT **INVOICE TOTAL:30.04 *CHECK TOTAL:30.04 530849 HAWKINS HAWKINS INC454932207/26/19 01 ROTATING ASS'Y FORT WELL 3 & 4 51-510-56-00-5638320.16INVOICE TOTAL:320.16 *454938607/29/19 01 GRANDE RESERVE TREATMENT PLANT 51-510-56-00-5638374.5002 REPAIR** COMMENT **INVOICE TOTAL:374.50 *CHECK TOTAL:694.66 530850 HENDERSO HENDERSON PRODUCTS, INC.28790802/14/19 01 12 PIN HARNESS, CABLE01-410-56-00-5640470.85INVOICE TOTAL:470.85 *29012803/13/19 01 CARTRIDGE VALVES, SOLENOID 01-410-56-00-5640542.6402 COILS, SHUTTLE VALVE** COMMENT **INVOICE TOTAL:542.64 *Page 23 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530850 HENDERSO HENDERSON PRODUCTS, INC.29037903/18/19 01 12 PIN HARNESS & PARTS01-410-56-00-5640803.39INVOICE TOTAL:803.39 *CHECK TOTAL:1,816.88 530851 HENNE VERNE HENNE CONSTR. &3365508/05/19 01 POLE REPAIR AT VARIOUS CITY 01-410-54-00-54821,447.6002 LOCATIONS** COMMENT **INVOICE TOTAL:1,447.60 *CHECK TOTAL:1,447.60 530852 HETTINGA ANDREW HETTINGERJUL29-AUG1108/12/19 01 UMPIRE79-795-54-00-546260.00INVOICE TOTAL:60.00 *CHECK TOTAL:60.00D001340 HOULEA ANTHONY HOULE081419-LEADERSHIP 08/14/19 01 2018/19 LEADERSHIP01-110-54-00-5412500.0002 DEVELOPMENT PROGRAM COMPLETION ** COMMENT **INVOICE TOTAL:500.00 *DIRECT DEPOSIT TOTAL:500.00 530853 ILPD4778 ILLINOIS STATE POLICE07311907/31/19 01 LIQUOR LICENSE BACKGROUND 01-110-54-00-5462113.0002 CHECKS** COMMENT **INVOICE TOTAL:113.00 *CHECK TOTAL:113.00Page 24 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530854 ILTREASU STATE OF ILLINOIS TREASURER12300808/01/19 01 IL RT47 & US3423-230-60-00-60592,120.1002 IL RT47 & US3451-510-60-00-6059503.5203 IL RT47 & US3452-520-60-00-605926.50INVOICE TOTAL:2,650.12 *CHECK TOTAL:2,650.12 530855 ILTREASU STATE OF ILLINOIS TREASURER12301408/01/19 01 BLACKBERRY CREEK23-230-60-00-601633,643.92INVOICE TOTAL:33,643.92 *CHECK TOTAL:33,643.92 530856 IMPERINV IMPERIAL INVESTMENTSJUNE 2019-REBATE 08/08/19 01 JUNE 2019 BUSINESS DIST REBATE 01-000-24-00-248824.26INVOICE TOTAL:24.26 *CHECK TOTAL:24.26 530857 INNOVATI INNOVATIVE UNDERGROUND, LLC132107/31/19 01 STORM SEWER TELEVISING &01-410-54-00-5462250.0002 ASSESING @ E. ORANGE ST** COMMENT **INVOICE TOTAL:250.00 *CHECK TOTAL:250.00 530858 INTERDEV INTERDEV, LLCMSP102177507/31/19 01 MONTHLY BILLING FOR JULY 2019 01-640-54-00-54509,711.00INVOICE TOTAL:9,711.00 *CHECK TOTAL:9,711.00Page 25 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530859 JIMSTRCK JIM'S TRUCK INSPECTION LLC17837507/18/19 01 TRUCK INSPECTION79-790-54-00-549535.00INVOICE TOTAL:35.00 *17838207/18/19 01 TRUCK INSPECTION79-790-54-00-549535.00INVOICE TOTAL:35.00 *17838307/18/19 01 TRUCK INSPECTION79-790-54-00-549535.00INVOICE TOTAL:35.00 *17838607/18/19 01 TRUCK INSPECTION79-790-54-00-549537.00INVOICE TOTAL:37.00 *17838707/18/19 01 TRUCK INSPECTION79-790-54-00-549535.00INVOICE TOTAL:35.00 *17838907/18/19 01 TRUCK INSPECTION79-790-54-00-549537.00INVOICE TOTAL:37.00 *17841407/22/19 01 TRUCK INSPECTION79-790-54-00-549537.00INVOICE TOTAL:37.00 *17851407/31/19 01 TRUCK INSPECTION79-790-54-00-549538.00INVOICE TOTAL:38.00 *17851707/31/19 01 TRUCK INSPECTION79-790-54-00-549535.00INVOICE TOTAL:35.00 *CHECK TOTAL:324.00 530860 KENDCROS KENDALL CROSSING, LLCBD REBATE 06/1908/08/19 01 NCG JUNE 2019 BUSINESS DIST 01-000-24-00-2487884.1202 REBATE** COMMENT **INVOICE TOTAL:884.12 *CHECK TOTAL:884.12Page 26 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530861 LINDCO LINDCO EQUIPMENT SALES INC190765P07/26/19 01 SWINGING MUDFLAP BRACKET01-410-56-00-5640281.76INVOICE TOTAL:281.76 *CHECK TOTAL:281.76 530862 LINDSTRO OWEN LINDSTRANDJUL29-AUG1108/12/19 01 UMPIRE79-795-54-00-546275.00INVOICE TOTAL:75.00 *CHECK TOTAL:75.00 530863 MENLAND MENARDS - YORKVILLE5687007/29/19 01 PAIL, BUCKET ORGANIZER, WIRE 51-510-56-00-562025.5402 STRIPPER, DUCT SEALING** COMMENT **03 COMPOUND, SILICONE** COMMENT **INVOICE TOTAL:25.54 *5688407/29/19 01 MORTAR MIX01-410-56-00-564016.76INVOICE TOTAL:16.76 *5690607/29/19 01 MORTAR MIX01-410-56-00-564016.76INVOICE TOTAL:16.76 *56958-1907/30/19 01 POST HOLE DIGGER01-410-56-00-563044.97INVOICE TOTAL:44.97 *CHECK TOTAL:104.03 530864 MENLAND MENARDS - YORKVILLE5707007/31/19 01 PORTABLE AC WITH HEAT23-216-56-00-5656329.98INVOICE TOTAL:329.98 *CHECK TOTAL:329.98Page 27 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530865 MENLAND MENARDS - YORKVILLE5710507/31/19 01 BLOW OUT BULB52-520-56-00-56206.59INVOICE TOTAL:6.59 *5716808/01/19 01 SILICONE51-510-56-00-56203.99INVOICE TOTAL:3.99 *CHECK TOTAL:10.58 530866 MIDWSALT MIDWEST SALTP44703608/05/19 01 BULK ROCK SALT51-510-56-00-56382,402.61INVOICE TOTAL:2,402.61 *CHECK TOTAL:2,402.61 530867 NARVICK NARVICK BROS. LUMBER CO, INC6237707/11/19 01 3,000AE79-790-56-00-5640708.00INVOICE TOTAL:708.00 *CHECK TOTAL:708.00 530868 NEOPOST NEOFUNDS BY NEOPOST5683365107/06/19 01 08/05-11/04 POSTAGE MACHINE 01-120-54-00-548574.1302 LEASE** COMMENT **INVOICE TOTAL:74.13 *CHECK TOTAL:74.13 530869 NICOR NICOR GAS00-41-22-8748 4-0719 08/02/19 01 07/02-08/01 1107 PRAIRIE LN 01-110-54-00-548047.86INVOICE TOTAL:47.86 *Page 28 of 39   01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530869 NICOR NICOR GAS12-43-53-5625 3-0719 08/02/19 01 047/02-08/02 609 N BRIDGE 01-110-54-00-548022.30INVOICE TOTAL:22.30 *15-41-50-1000 6-0719 08/02/19 01 07/01-07/30 804 GAME FARM RD 01-110-54-00-5480124.43INVOICE TOTAL:124.43 *15-64-61-3532 5-0719 08/01/19 01 07/01-07/30 1911 CANNONBALL TR 01-110-54-00-548040.91INVOICE TOTAL:40.91 *20-52-56-2042 1-0719 07/30/19 01 06/28-07/28 420 FAIRHAVEN 01-110-54-00-5480107.16INVOICE TOTAL:107.16 *23-45-91-4862 5-0719 08/02/19 01 07/03-08/02 101 BRUELL ST 01-110-54-00-5480112.23INVOICE TOTAL:112.23 *31-61-67-2493 1-0719 08/09/19 01 07/09-08/09 276 WINDHAM CR 01-110-54-00-548037.61INVOICE TOTAL:37.61 *40-52-64-8356 1-0719 08/05/19 01 07/05-08/04 102 E VAN EMMON 01-110-54-00-5480105.59INVOICE TOTAL:105.59 *46-69-47-6727 1-0719 08/07/19 01 07/07-08/06 1975 N BRIDGE 01-110-54-00-5480106.79INVOICE TOTAL:106.79 *61-60-41-1000 9-0719 08/05/19 01 07/02-08/02 610 TOWER01-110-54-00-548049.77INVOICE TOTAL:49.77 *62-37-86-4779 6-0719 08/07/19 01 07/07-08/06 185 WOLF ST01-110-54-00-548018.78INVOICE TOTAL:18.78 *66-70-44-6942 9-0719 08/07/19 01 07/07-08/06 1908 RAINTREE RD 01-110-54-00-5480148.90INVOICE TOTAL:148.90 *80-56-05-1157 0-0719 08/07/19 01 07/07-08/06 2512 ROSEMONT 01-110-54-00-548043.60INVOICE TOTAL:43.60 *Page 29 of 39   01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530869 NICOR NICOR GAS83-80-00-1000 7-0719 08/05/19 01 07/02-08/02 610 TOWER UNIT B 01-110-54-00-548041.72INVOICE TOTAL:41.72 *91-85-68-4012 8-0719 08/02/19 01 07/01-07/30 902 GAME FARM RD 82-820-54-00-5480353.54INVOICE TOTAL:353.54 *95-16-10-1000 4-0719 08/05/19 01 07/03-08/02 1 RT4701-110-54-00-548034.63INVOICE TOTAL:34.63 *CHECK TOTAL:1,395.82 530870 O'REILLY O'REILLY AUTO PARTS5613-17443907/18/19 01 OIL FILTER01-410-56-00-56405.49INVOICE TOTAL:5.49 *5613-17534107/31/19 01 CAR CLEANERS52-520-56-00-562838.95INVOICE TOTAL:38.95 *5613-17574308/05/19 01 GLASS CLEANER01-410-56-00-56284.49INVOICE TOTAL:4.49 *5613-17601808/09/19 01 HAND CLEANER52-520-56-00-561016.99INVOICE TOTAL:16.99 *5613-17632108/13/19 01 STARTER01-410-56-00-5628165.94INVOICE TOTAL:165.94 *CHECK TOTAL:231.86D001341 ORRKKATHLEEN FIELD ORR & ASSOC.1598508/05/19 01 MISC CITY LEGAL MATTERS01-640-54-00-54565,579.2502 DOWNTOWN TIF II MATTERS89-890-54-00-54661,386.75Page 30 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D001341 ORRKKATHLEEN FIELD ORR & ASSOC.1598508/05/19 03 COUNTRYSIDE TIF MATTERS87-870-54-00-5462129.0004 BLACKBERRY WOODS MATTERS01-640-54-00-545653.7505 HOOVER MATTERS01-640-54-00-545643.0006 MEETINGS01-640-54-00-5456500.0007 RAGING WAVES MATTERS01-640-54-00-5456322.5008 PARKS MATTERS79-790-54-00-5466193.50INVOICE TOTAL:8,207.75 *DIRECT DEPOSIT TOTAL:8,207.75 530871 OSWEFIRE OSWEGO FIRE PROTECTION DIST.073119-DEV08/02/19 01 MAY-JUL 2019 DEVELOPMENT FEES 95-000-24-00-24562,192.40INVOICE TOTAL:2,192.40 *CHECK TOTAL:2,192.40 530872 PARADISE PARADISE CAR WASH22395708/08/19 01 JULY 2019 CAR WASHES01-210-54-00-549550.00INVOICE TOTAL:50.00 *CHECK TOTAL:50.00 530873 PEPSI PEPSI-COLA GENERAL BOTTLE1-7WFJJ5208/12/19 01 CONCESSION DRINKS79-795-56-00-5607363.98INVOICE TOTAL:363.98 *CHECK TOTAL:363.98 530874 PERFCONS PERFORMANCE CONSTRUCTION &PAY #1-201908/08/19 01 ENGINEER'S PAY ESTIMATE #1 51-510-60-00-6025219,170.70Page 31 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530874 PERFCONS PERFORMANCE CONSTRUCTION &PAY #1-201908/08/19 02 EAST ORANGE STREET WATER MAIN ** COMMENT **03 IMPROVEMENTS** COMMENT **INVOICE TOTAL:219,170.70 *CHECK TOTAL:219,170.70 530875 PESOLA PESOLA MEDIA GROUP126632508/01/19 01 GRAPHIC DESIGN CHARGES FOR 79-795-56-00-5606112.5002 HOMETOWN DAYS ADVERTISING** COMMENT **INVOICE TOTAL:112.50 *CHECK TOTAL:112.50 530876 R0001518 KATIE KUSNIERZ151199R08/12/19 01 PRESCHOOL CLASS CANCELLATION 79-000-44-00-440350.0002 REFUND** COMMENT **INVOICE TOTAL:50.00 *CHECK TOTAL:50.00 530877 R0002270 BRAHMS CONTRUCTION LLCCDRHRST07/26/19 01 CEDARHURST SECURITY GUARANTEE 01-000-24-00-241515,500.0002 REFUND** COMMENT **INVOICE TOTAL:15,500.00 *CHECK TOTAL:15,500.00 530878 R0002271 KARTHIK RAMAN07311907/31/19 01 REFUND OVERPAYMENT ON FINAL 01-000-13-00-1371410.3402 BILL FOR ACCT#0300305470-01 ** COMMENT **INVOICE TOTAL:410.34 *CHECK TOTAL:410.34Page 32 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530879 R0002272 SERGIO SALAS-ORTEGAPERMIT 20191010-RFND 08/08/19 01 REFUND PERMIT 20191010 DUE TO 01-000-42-00-421050.0002 DUPLICATE PAYMENT** COMMENT **INVOICE TOTAL:50.00 *CHECK TOTAL:50.00 530880 R0002273 MARK & TRACIE BUSHELL07311907/31/19 01 REFUND OVERPAYMENT ON FINAL 01-000-13-00-137179.4102 BILL FOR ACCT#0300602620-01 ** COMMENT **INVOICE TOTAL:79.41 *CHECK TOTAL:79.41 530881 R0002274 ASHLEY MCGHEE06061906/06/19 01 DAMAGED MAILBOX REPLACEMENT 01-410-56-00-564059.99INVOICE TOTAL:59.99 *CHECK TOTAL:59.99 530882 R0002275 KELLY KRAJEC08101908/10/19 01 BEECHER DEPOSIT REFUND01-000-24-00-2410100.00INVOICE TOTAL:100.00 *CHECK TOTAL:100.00 530883 RUSSPOWE RUSSO HARDWARE INC.630843908/07/19 01 BACK SPRAYER PISTON PUMPS 79-790-56-00-5630206.97INVOICE TOTAL:206.97 *CHECK TOTAL:206.97Page 33 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530884 SONOMA SONOMA-UNDERGROUND SERVICES12285508/08/19 01 RT47 TRAFFIC SIGNAL REPAIR 01-410-54-00-54356,273.00INVOICE TOTAL:6,273.00 *CHECK TOTAL:6,273.00 530885 SOSTECH SOS TECHNOLOGIES16587508/06/19 01 HEARTSTART SMART PADS01-210-56-00-5620180.95INVOICE TOTAL:180.95 *CHECK TOTAL:180.95 530886 SPEEDWAY FLEETCOR SUPERFLEET MASTERCARDFB638-08111908/11/19 01 JULY 2019 GASOLINE01-210-54-00-549515.92INVOICE TOTAL:15.92 *CHECK TOTAL:15.92 530887 SWANSONL LUKE SWANSON07191908/06/19 01 REIMBURSEMENT FOR GUAGE & 01-210-54-00-549554.4902 HOSE REFRIGERANT FROM AUTO** COMMENT **03 ZONE DURING TRAVEL TO POLICE ** COMMENT **04 ACADEMY** COMMENT **INVOICE TOTAL:54.49 *CHECK TOTAL:54.49 530888 TRAFFIC TRAFFIC CONTROL CORPORATION11307205/30/19 01 NIPPLE01-410-54-00-5435128.00INVOICE TOTAL:128.00 *CHECK TOTAL:128.00Page 34 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530889 TRCONTPR TRAFFIC CONTROL & PROTECTION10162208/02/19 01 MISC SIGNS23-216-56-00-5619763.15INVOICE TOTAL:763.15 *10165408/05/19 01 PED WALK SIGNAL PUSH BUTTON 01-410-54-00-543580.65INVOICE TOTAL:80.65 *CHECK TOTAL:843.80 530890 TRICO TRICO MECHANICAL , INC498508/05/19 01 YORKVILLE PD HVAC REPAIR23-216-54-00-5446432.50INVOICE TOTAL:432.50 *499608/06/19 01 REPLACE CONDENSING UNIT AT 23-216-54-00-54464,694.0002 CITY HALL** COMMENT **INVOICE TOTAL:4,694.00 *CHECK TOTAL:5,126.50 530891 TURFTEAM THE TURF TEAM, INC.14249908/09/19 01 BLADES01-410-56-00-564068.97INVOICE TOTAL:68.97 *CHECK TOTAL:68.97 530892 UPS5361 DDEDC #3, INC08081908/08/19 01 1 PKG TO KFO01-110-54-00-545232.20INVOICE TOTAL:32.20 *CHECK TOTAL:32.20 530893 VITOSH CHRISTINE M. VITOSHPage 35 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530893 VITOSH CHRISTINE M. VITOSH195807/31/19 01 PUBLIC HEARING FOR E VAN90-142-00-00-001179.7702 EMMON & BENJAMIN ST REZONING ** COMMENT **03 REZONING & VARAINCES FOR 701 90-143-00-00-001179.7704 N BRIDGE STREET** COMMENT **05 TEXT AMENDMENT FOR ACCESSORY 01-220-54-00-546279.7806 STRUCTURES & USES** COMMENT **INVOICE TOTAL:239.32 *CMV 195407/31/19 01 JULY 2019 ADMIN HEARINGS01-210-54-00-5467500.00INVOICE TOTAL:500.00 *CMV 195707/31/19 01 JUNE 2019 ADMIN HEARINGS01-210-54-00-5467400.00INVOICE TOTAL:400.00 *CHECK TOTAL:1,139.32 530894 WERDERW WALLY WERDERICH081219-JULY08/12/19 01 JULY 2019 ADMIN HEARINGS01-210-54-00-5467300.00INVOICE TOTAL:300.00 *081219-JUNE08/12/19 01 JUNE 2019 ADMIN HEARINGS01-210-54-00-5467300.00INVOICE TOTAL:300.00 *081219-MAY08/12/19 01 MAY 2019 ADMIN HEARINGS01-210-54-00-5467300.00INVOICE TOTAL:300.00 *CHECK TOTAL:900.00D001342 YBSDYORKVILLE BRISTOL2019.001708/05/19 01 AUG 2019 LANDFILL EXPENSE 51-510-54-00-544514,174.24INVOICE TOTAL:14,174.24 *719SF08/06/19 01 JUL 2019 SANITARY FEES95-000-24-00-2450234,405.18INVOICE TOTAL:234,405.18 *DIRECT DEPOSIT TOTAL:248,579.42Page 36 of 39  01-110  ADMINISTRATION11-111  FOX HILL SSA 25-225  PARKS & REC CAPITAL82-820  LIBRARY OPERATIONS01-120  FINANCE12-112  SUNFLOWER ESTATES  42-420  DEBT SERVICE84-840  LIBRARY CAPITAL 01-210  POLICE15-155  MOTOR FUEL TAX(MFT) 51-510  WATER OPERATIONS87-870  COUNTRYSIDE TIF 01-220  COMMUNITY DEVELOPMENT23-216  MUNICIPAL BUILDING 52-520  SEWER OPERATIONS88-880  DOWNTOWN TIF01-410  STREET OPERATIONS23-230  CITY-WIDE CAPITAL72-720  LAND CASH89-890  DOWNTOWN TIF II 01-540 HEALTH &  SANITATION25-205  POLICE CAPITAL79-790  PARKS DEPARTMENT90-XXX  DEVELOPER ESCROW01-640  ADMINISTRATIVE SERVICES25-215  PUBLIC WORKS CAPITAL79-795  RECREATION DEPARTMENT95-XXX  ESCROW DEPOSITDATE: 08/20/19TIME: 07:51:42UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 08/27/2019CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 530895 YORKSCHO YORKVILLE SCHOOL DIST #115073119-LC08/02/19 01 MAY-JUL 2019 LAND CASH95-000-24-00-245350,432.40INVOICE TOTAL:50,432.40 *CHECK TOTAL:50,432.40 530896 YOUNGM MARLYS J. YOUNG07101907/29/19 01 REZONING FOR E VAN EMMON & 90-142-00-00-001117.0702 BENJAMIN ST** COMMENT **03 REZONING & VARIANCES FOR 701 N 90-143-00-00-001117.0604 BRIDGE ST** COMMENT **05 TEXT AMENDMENT FOR ACCESSORY 01-220-54-00-546217.0606 STRUCTURES & USES** COMMENT **07 PLANNING & ZONING COMMISSION 01-220-54-00-546217.0608 MEETING MINUTES** COMMENT **INVOICE TOTAL:68.25 *07111908/03/19 01 07/11 PLAN COUNCIL MEETING 90-144-00-00-001150.0002 MINUTES** COMMENT **INVOICE TOTAL:50.00 *071119-PR08/13/19 01 7/11/19 PARK BOARD MEETING 79-790-54-00-546285.0002 MINUTES** COMMENT **INVOICE TOTAL:85.00 *CHECK TOTAL:203.25606,208.45257,921.17TOTAL CHECKS PAID: TOTAL DIRECT DEPOSITS PAID: TOTAL AMOUNT PAID:864,129.62Page 37 of 39 5(*8/$5 29(57,0( 727$/ ,05) ),&$ 727$/6$'0,1,675$7,21     ),1$1&( 32/,&(&20081,7<'(9 675((76 :$7(56(:(5 3$5.6 5(&5($7,21 /,%5$5< 727$/6727$/3$<52//81,7('&,7<2)<25.9,//(3$<52//6800$5<$XJXVWPage 38 of 39 ACCOUNTS PAYABLE DATE Clerk's Check #131152- Kendall County Recorder (Page 1)08/06/2019 159.00 Manual Check#530111 -Iamack Loghmani (Page 2)08/08/2019 13,000.00 Manual Check#530112 -Propiedades Magana (Page 3)08/09/2019 4,000.00 City MasterCard Bill Register (Pages 4 - 11)08/25/2019 157,852.78 City Check Register (Pages 12 - 37)08/27/2019 864,129.62 SUB-TOTAL: $1,039,141.40 Bi - Weekly (Page 38)08/09/2019 286,206.21$ SUB-TOTAL: 286,206.21$ TOTAL DISBURSEMENTS:1,325,347.61$ UNITED CITY OF YORKVILLE BILL LIST SUMMARY Tuesday, August 27, 2019 PAYROLL Page 39 of 39 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #1 Tracking Number CC 2019-50 Appointments to Boards and Commissions City Council – August 27, 2019 Majority Approval Appointment to Park Board – Victor Perez Appointment to Planning and Zoning Commission – Greg Millen Mayor John Purcell Name Department United City of Yorkville Board & Commission Application To be considered for a board or commission, please complete this application and return to the attention of Lisa Pickering, Deputy Clerk at the address listed above or by email to lpickering@yorkville.il.us. Name _______________________________________________________________________ Address ______________________________________________ Phone: Home ____ Work ___ Cell ___ Email _________ Subdivision______________________ Please indicate the Board/Commission(s) that you would like to participate on: Fire and Police Commission Planning and Zoning Commission Library Board Police Pension Fund Board Park Board The following questions help in selection of board/commission members. 1. Indicate your experience (personal and/or work) that will help you in serving the residents of the United City of Yorkville. 2. Why do you want to serve on a Board/Commission for the United City of Yorkville? Thank you for your interest in being a part of the development of the United City of Yorkville! It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring, and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act and all State Civil Rights Legislation. **************************************************************************************************** I understand that as part of the process of being considered, it is the City’s policy to perform a cursory background investigation on anyone being considered for appointment to one of the boards or commissions. __________________________________________________ ______________________ Signature of Applicant Date For office use only: Date Received_____________ Initials______ United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us Greg Millen Country Hills ✔ I have been on the Chamber Board for 15 years and as President twice. Business owner in Yorkville for over 20 yrs. 50 year resident of Yorkville. Worked in the building industry for over 35 years, I have experience w/building homes & commercial property & participated in the ordinance rewrite committee I bring value to the Board with a fair viewpoint of what is feasible and fiscally responsible. I feel I can bring a perspective for both big and small business while considering the safety and well-being of the residents of Yorkville. Greg Millen Digitally signed by Greg Millen Date: 2019.08.22 11:50:12 -05'00'08/22/19 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #2 Tracking Number CC 2019-51 Adult-Use Cannabis City Council – August 27, 2019 Majority Approval Please see attached. Bart Olson Administration Name Department Summary Review of various topics on adult-use cannabis. Background Attorney Orr has drafted a memo that gives an overview on Public Act 101-0027 (attached), the Cannabis Regulation and Tax Act. I have attached some informational fact sheets from IML on the Act. As it relates to the City Council’s discussion on the Act, we have four areas of discussion: 1) Zoning issues, tentatively scheduled to be reviewed by the Economic Development Committee a. Municipalities are allowed to opt out of the sale, production, and distribution of cannabis. While the City has adopted zoning requirements on medicinal cannabis sale and production facilities, staff is requesting feedback on whether zoning requirements should be prepared (new or amended) to govern new recreational cannabis businesses. Alternatively, ordinances could be drafted to completely prohibit these businesses. 2) Policing issues, tentatively scheduled to be reviewed by the Public Safety Committee a. First and foremost, private use of cannabis in the City can not be prohibited. However, the City is allowed to restrict use in public places, schools, child care facilities, etc. The potential restrictions in public places can govern possession and public consumption and can include civil penalties for violations of local ordinances. Staff will prepare different options for code amendments to govern public use and possession, but any feedback from the City Council in advance of the committee meeting will be appreciated. Finally, the state act amends the Smoke Free Illinois laws to include cannabis. 3) Taxation, tentatively scheduled to be reviewed by the Administration Committee a. If local sales are allowed in City limits, the City may impose a local sales tax of 3%. Some brief research shows that cannabis retail shops should have anywhere from $500,000 to $5,000,000 in gross sales, which could generate $15,000 to $150,000 in local sales taxes. Despite municipal lobbying efforts, cities are prohibited from imposing a local license for cannabis sales (similar to tobacco or liquor sales). Staff requests feedback on a sales tax amount, if sales are allowed. 4) Employment law issues, tentatively scheduled to be reviewed by the Administration Committee a. The City’s labor attorney is preparing a variety of employee manual amendments related to cannabis. The City’s various drug testing and enforcement sections will have to be amended to accommodate the legal private use of cannabis. Similar to tobacco use and the Smoke Free Illinois Act, employers may prohibit use in the workplace or while on- Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: August 19, 2019 Subject: Cannabis call. Staff recommends prohibiting use in the workplace and on call, but requests feedback on that proposal. Recommendation Staff requests feedback on all of the issues outlined above. If there are strong opinions one or another about the sale of cannabis in City limits, City staff can save time and effort by tailoring the ordinances and resolutions in accordance with those opinions. LAW OFFICE KATHLEEN FIELD ORR & ASSOCIATES 2024 Hickory Road, Suite 205 (312)382-2113 KATHLEEN FIELD ORR kfo@kfoassoc.com M E M O R A N D U M To: Mayor and City Council of the United City of Yorkville From: Kathleen Field Orr, City Attorney Date: August 22, 2019 Re: Cannabis Regulation and Tax Act Beginning January 1, 2020, the sale, possession, and use of recreational cannabis will be legal throughout Illinois. Although the Cannabis Regulation and Tax Act (410 ILCS 705/1-1, et seq.) (the “Cannabis Act”) does not allow municipalities (including home rule) to prohibit private consumption of marijuana, many factors concerning cannabis are within municipalities’ regulatory authority. The new law also permits municipalities to “opt-out” of the business of dispensing or cultivating recreational cannabis. I. Cannabis Businesses Authorized by the Cannabis Act The types of businesses which will be licensed by the State under the Cannabis Act are identified in the Act are:  Cannabis Craft Grower o Cultivates, dries, cures, and packages cannabis  Cannabis Cultivation Center o Cultivates, processes, and transports cannabis  Cannabis Dispensing Organization o Acquires, sells, and dispenses cannabis, cannabis products, and cannabis paraphernalia  Cannabis Infuser Organization o Incorporates cannabis or cannabis concentrate into cannabis products  Cannabis Processing Organization 2 o Extracts chemicals to create cannabis concentrate, or incorporate cannabis into cannabis products  Cannabis Transporting Organization o Transports cannabis on behalf of cannabis businesses The licensing of Cannabis Cultivation Centers, Cannabis Infuser Organizations, Cannabis Processing Organization, Cannabis Craft Growers and Cannabis Transporting Organization is to be done by the Illinois Department of Agriculture and the licensing of Cannabis Dispensary Organizations is to be done by the Department of Financial and Professional Regulation. II. Authority Granted to Municipalities under the Cannabis Act A. The Cannabis Act authorizes a municipality to prohibit a cannabis business establishment with the exception of home cultivation. B. The Cannabis Act authorizes a municipality to regulate cannabis business establishments governing: (i) Reasonable restrictions of time, place and manner of operation; (ii) Number of cannabis business operations; (iii) Reasonable zoning ordinances or resolutions; (iv) Minimum distance between cannabis business establishments; (v) Conditional use permits to limit locations deemed sensitive, including colleges and universities; (vi) On-premise consumption at or in a cannabis business establishment in a manner consistent with the Cannabis Act; and, (vii) Civil penalties for violations of any of the foregoing. III. State Restrictions Regarding the Use of Cannabis A. The State has established specific regulations regarding the use of cannabis for which civil penalties for violations may be imposed: (i) Transfer of cannabis, within or without remuneration, to a person under 21 years of age; (ii) Purchase, possession, use, transport, consumption or growing of cannabis by a person under 21 years of age (unless authorized by the Compassionate Use of Medical Cannabis Pilot Program Act); (iii) Permission by a parent or guardian to the consumption of cannabis by a person under 21 years of age (a Class A misdemeanor imposing a fine not less than $500.00); (iv) Possession of a resident of the State who is 21 years of age or older, of more than: (a) 30 grams of cannabis flower; 3 (b) 500 milligrams of THC contained in a cannabis-infused product; or, (c) 5 grams of cannabis concentrate. (v) Possession by a non-resident of the State who is 21 years of age or older, more than: (a) 15 grams of cannabis flower; (b) 2.5 grams of cannabis concentrate; or, (c) 250 milligrams of THC contained in a cannabis infused product (a & b are considered cumulative) (vi) Undertaking any task under the influence of cannabis when doing so would constitute negligence, professional malpractice or professional misconduct; (vii) Possessing cannabis in a school bus; on the grounds of a preschool or primary or secondary school; in any correctional facility; in a vehicle unless in a sealed container; or, in a private residence which is used at any time to provide licensed childcare; (viii) Using cannabis on a school bus, grounds of a preschool or primary or secondary school, in a correctional facility; in a motor vehicle, private residence used at any time to provide licensed child care; in a public place or in close physical proximity to a person under the age of 21 years; (ix) Smoking cannabis in any place where smoking is prohibited under the Smoke Free Illinois Act. (x) Operating, navigating or in physical control of a vehicle in violation of the Illinois Vehicle Code; (xi) Use of cannabis by a law enforcement officer when on duty; and, (xii) Use of cannabis by a person holding a commercial driver’s license while on duty. IV. Taxation A. Pursuant to the Cannabis Act, the state has imposed the following taxes: 1. Cannabis Cultivation Privilege Tax of 7% upon the gross receipts from the first sale of cannabis by a cultivator. 2. Cannabis Purchaser Excise Tax as follows: (a) 10% of the purchase price of any cannabis (other than a cannabis infused product with a delta-9 tetrahydrocannabinol less than 35%; (b) 25% of the purchase price of any cannabis (other than a cannabis infused product) with a delta-9 tetrahydrocannabinol level above 35%; and, (c) 20% of the purchase price of a cannabis infused product. B. 8% of the tax proceeds received by the State after allocations to the Department of Revenue as reimbursement for the implementation, administrate and enforcement of the Cannabis Act and reimbursement of costs incurred by State courts, the Attorney General, State’s Attorneys, Civil legal aid and the Department of Police to facilitate petitions for expungement, shall be paid to the LOCAL GOVERNMENT DISTRIBUTIVE FUND. C. The Illinois Municipal Code is amended by the Cannabis Act to authorize the corporate authorities to impose a tax upon all persons engaged in the business of 4 selling cannabis in an amount not to exceed 3% of the gross receipts, to be imposed in ¼% increments. The tax is to be administered by the Department of Revenue (“DOR”) less 1.5% which is to be transferred to the Tax Compliance and Administrative Fund established by DOR. This tax is in addition to the 1% municipal retail tax and 1% non-home rule retail tax. V. Employment A. The Cannabis Act addresses an employer’s right to: 1. Adopt reasonable zero tolerance or drug-free work place policies concerning drug testing, smoking, consumption, storage, of use of cannabis while either in the workplace or on-call; 2. Prevent an employee from permitting an employee to perform his or her job when under the influence of or the use of cannabis; 3. Limit or prevent discipline or termination for violating employer’s policies. B. Nothing in the Cannabis Act shall create a cause of action against an employer for subjecting an employee reasonable alcohol and drug testing on a good-faith that the employee used or possessed cannabis in the work place, that the employee was impaired as the result of the use or under the influence of cannabis when in the workplace or where an injury occurs to a third person if the employer had no reason to know employee was impaired. VI. Minimum Requirements Whether or not a municipality determines it to be in the best interest of its residents to prohibit the dispensing or cultivation of cannabis within its boundaries or to permit dispensing and cultivation, each municipality should determine the process and procedures for the adjudication of violations of the Cannabis Act and adopt such ordinances as may be necessary to authorize such actions. ILLINOIS MUNICIPAL LEAGUE Adult-Use Cannabis Resources Illinois Municipal League | 500 East Capitol Avenue | P.O. Box 5180 | Springfield, IL 62705 | iml.org 8/20/19 i TABLE OF CONTENTS Fact Sheet: Adult-Use Cannabis 1 Model Ordinance: Municipal Cannabis Business Prohibition 4 Model Ordinance: Municipal Cannabis Business Zoning 8 Model Ordinance: Municipal Cannabis Retailers’ Occupation Tax 17 Disclaimers and Referrals 20 Fact Sheet Adult-Use Cannabis ILLINOIS MUNICIPAL LEAGUE 1 ILLINOIS MUNICIPAL LEAGUE FACT SHEET Public Act 101-0027 creates the Cannabis Regulation and Tax Act and was signed into law by Governor JB Pritzker on June 25, 2019. Effective January 1, 2020, the Act legalizes the possession and private use of cannabis for Illinois residents over 21 years of age. LOCAL REGULATION OF CONSUMPTION Municipalities may not restrict the private consumption of cannabis that is authorized by the Act. However, the Act prohibits the use of cannabis in public places, schools and child care facilities among other locations. Municipalities may adopt and enforce local ordinances to regulate possession and public consumption of cannabis so long as the regulations and penalties are consistent with the Act. HOME GROW LIMITED TO MEDICAL PROGRAM PARTICIPANTS Home grow cannabis will be authorized only for medical cannabis program participants, and is limited to five plants in their residence and subject to specified restrictions. Home grow of recreational cannabis by non-medical participants is prohibited. More information about the medical cannabis program is available via this link. ZONING The Act preserves local zoning authority and directly authorizes municipalities to prohibit (opt out) or significantly limit the location of cannabis businesses by ordinance. Municipalities will have the authority to enact reasonable zoning regulations that are not in conflict with the act. This would include the authority to opt out of either commercial production or distribution (dispensaries) of adult-use cannabis within their jurisdiction. Municipalities also may enact zoning ordinances and regulations designating the time, place, manner and number of cannabis business operations, including minimum distances between locations through conditional use permits. BUSINESS REGULATION In addition to zoning authority, municipalities will have the authority to allow for on-premise use of cannabis at locations to be determined locally. The Act anticipates that local authorities will engage in inspections of cannabis-related businesses. Municipalities may establish and impose civil penalties for violations of the local ordinances and regulations. 500 East Capitol Avenue | PO Box 5180 | Springfield, IL 62705-5180 | Ph: 217.525.1220 | Fx: 217.525.7438 | www.iml.org 7/15/19 Adult-Use Cannabis Illinois Municipal League | Adult-Use Cannabis Page 2 LOCAL REVENUE Municipalities, by ordinance, may impose a Municipal Cannabis Retailers’ Occupation Tax on adult-use cannabis products of up to 3% of the purchase price, in .25% increments. Counties may impose up to 3.75% in unincorporated areas, in .25% increments. The taxes imposed under this Act shall be in addition to all other occupation, privilege or excise taxes imposed by the State of Illinois or by any unit of local government, such as sales tax. SMOKE FREE ILLINOIS ACT The Act applies the restrictions of the Smoke Free Illinois Act on smoking cannabis, and provides that property owners may prohibit the use of cannabis by any guest, lessee, customer or visitor. In addition, lessors may prohibit cultivation of cannabis by their lessees. EMPLOYER PROVISIONS The Act provides employer protections including that nothing in the enactment prohibits employers from adopting reasonable zero-tolerance or drug-free workplace employment policies concerning drug testing, smoking, consumption, storage or use of cannabis in the workplace or while on-call. These policies must be applied in a nondiscriminatory manner. Employers may prohibit the use of cannabis by employees in the workplace, and engage in discipline, including termination, for violations of those polices and workplace rules. STATE LICENSING The Act authorizes the production and distribution of cannabis and cannabis products through state-licensed cultivators, craft growers, infusers, transporters and dispensaries. Cannabis transporters will be separately licensed by the Act, as well. A market study due in March 2021 will inform future licensing. The state will issue licenses according to a graduated scale. By the end of the first year, there will be up to 295 dispensing organizations. The Act will allow up to 500 dispensing organizations by January 1, 2022. Cultivators will be capped at 50, and 100 craft growers will be allowed. By that same date, 100 infusers will also be authorized to be licensed. GRANTS AND INVESTMENT The Act establishes the Restore, Reinvest and Renew (R3) Program to invest in communities historically impacted by economic disinvestment and violence. The Illinois Criminal Justice Information Authority (ICJIA) will identify R3 areas that qualify for funding, and grants will be awarded by the R3 Board. A 22-member R3 Board will award grants throughout the state, subject to an application process and the Government Accountability and Transparency Act (GATA); the R3 Board shall be chaired by the Lt. Governor. SOCIAL EQUITY The Act provides for a social equity program to establish a legal cannabis industry that is accessible to those most adversely impacted by the enforcement of drug-related laws in this state, including cannabis-related laws. Qualifying social equity applicants may be awarded financial assistance and incentives if they are interested in establishing cannabis related businesses. DECRIMINALIZATION AND EXPUNGEMENTS A significant portion of the Act addresses the decriminalization of cannabis through mandatory and discretionary expungements of criminal convictions relating to non-violent cannabis offenses. STATE REVENUE State revenues derived from the Cannabis Regulation and Tax Act will be deposited into the Cannabis Regulation Fund. The funds will be distributed to multiple state agencies for implementation of the Act. The legalization of adult cannabis also includes a new source of Local Government Distributive Fund (LGDF) dollars. A portion of the Cannabis Regulation Fund revenues (8% of deposits) will go to local governments, through LGDF, which will be used to fund crime prevention programs, training and interdiction efforts. The Cannabis Regulation Fund is derived from moneys collected from state taxes, license fees and other amounts required to be transferred into the Fund. Model Ordinance Municipal Cannabis Business Prohibition ILLINOIS MUNICIPAL LEAGUE 4 1 MODEL ORDINANCE MUNICIPAL CANNABIS BUSINESS PROHIBITION ORDINANCE NO. ______ AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY/VILLAGE OF ________________ BY THE ADDITION OF [ARTICLE/CHAPTER]___________ PROHIBITING CANNABIS BUSINESS ESTABLISHMENTS WHEREAS, the City/Village has the authority to adopt ordinances and to promulgate rules and regulations [that pertain to its government and affairs and] that protect the public health, safety and welfare of its citizens; and WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Cannabis Regulation and Tax Act, Public Act 101-0027, which provides that the City/Village has the authority to prohibit adult-use cannabis business establishments; and WHEREAS, the City/Village has determined that the operation of cannabis business establishments would present adverse impacts upon the health, safety and welfare of the residents, and additional costs, burdens and impacts upon law enforcement and regulatory operations of the City/Village; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City/Board of Trustees of the Village of _____________________ as follows: SECTION 1. Recitals. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. SECTION 2. Cannabis Business Establishments Prohibited. Chapter ___ of the Municipal Code of the City/Village of ______________ shall be amended by the addition of [Article/Chapter] ____ that will read as follows: ARTICLE [CHAPTER] ____ Cannabis Business Establishments Prohibited. 1. Definitions. The following words and phrases shall, for the purposes of this Article [Chapter], have the meanings respectively ascribed to them by this section, as follows: ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: A cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization. ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure 2 and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time- to-time, and regulations promulgated thereunder. PERSON: Any person, firm, corporation, association, club, society or other organization, including any owner, manager, proprietor, employee, volunteer or agent. 3 2. Cannabis Business Establishments Prohibited. The following Adult-Use Cannabis Business Establishments are prohibited in the City/Village of _____________. No person shall locate, operate, own, suffer, allow to be operated or aide, abet or assist in the operation within the City/Village of _________ of any of the following: Adult-Use Cannabis Craft Grower Adult-Use Cannabis Cultivation Center Adult-Use Cannabis Dispensing Organization Adult-Use Cannabis Infuser Organization or Infuser Adult-Use Cannabis Processing Organization or Processor Adult-Use Cannabis Transporting Organization or Transporter 3. Public Nuisance Declared. Operation of any prohibited Cannabis Business Establishment within the City/Village in violation of the provisions of this Article [Chapter] is hereby declared a public nuisance and shall be abated pursuant to all available remedies. 4. Violations. Violations of this Article [Chapter] may be enforced in accordance with the provisions of Article [Chapter] ___ of this Code. 5. Severability. If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance. 6. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law. ADOPTED THIS _______ day of _________________, 20__. AYES: NAYS: ABSTENTIONS: ABSENT: APPROVED THIS ________ day of _______________________, 20 __. ___________________________________________ Mayor/Village President ATTEST: ____________________________________________ City/Village Clerk Model Ordinance Municipal Cannabis Business Zoning ILLINOIS MUNICIPAL LEAGUE 8 1 MODEL ORDINANCE MUNICIPAL CANNABIS BUSINESS ZONING ORDINANCE NO. ______ AN ORDINANCE AMENDING CHAPTER __ (ZONING TITLE, PURPOSE, DEFINITIONS), CHAPTER __ (GENERAL ZONING PROVISIONS), CHAPTER __ (COMMERCIAL DISTRICTS), AND CHAPTER __ (INDUSTRIAL DISTRICTS) OF TITLE __ (ZONING ORDINANCE) OF THE ____________ MUNICIPAL CODE PERTAINING TO ADULT-USE CANNABIS WHEREAS, the City/Village of __________, Illinois, has enacted Municipal Code Regulations for the purpose of improving and protecting the public health, safety, comfort, convenience and general welfare of the people; and WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act (Act), which pertains to the possession, use, cultivation, transportation and dispensing of adult-use cannabis, which became effective June 25, 2019; and WHEREAS, pursuant to the Act, the City/Village may enact reasonable zoning ordinances or resolutions not in conflict with the Act, regulating cannabis business establishments, including rules adopted governing the time, place, manner and number of cannabis business establishments, and minimum distance limitations between cannabis business establishments and locations the City/Village deems sensitive; and WHEREAS, on _________________, the City Council/Village Board initiated an amendment to Title __ (Zoning Ordinance) to review and consider additional amendments to further regulate adult-use cannabis facilities within the City/Village of _________; and WHEREAS, the Planning and Zoning Commission/Zoning Board of Appeals conducted public hearings, as required by law, on ____________________ and __________________, in regards to the proposed amendments to Title __ (Zoning Ordinance) of the ___________ Municipal Code pertaining to adult-use cannabis; and WHEREAS, the Planning and Zoning Commission/Zoning Board of Appeals recommended approval of the proposed amendments to Title __ (Zoning Ordinance) on _______________. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City/Board of Trustees of the Village of _____________________ as follows: SECTION 1: The recitals set forth above are incorporated herein. SECTION 2: Chapter __ (Zoning Title, Purpose, Definitions) of Title __ (Zoning Ordinance) of the ___________ Municipal Code is hereby amended by adding the underlined language and deleting the stricken language, as follows: 2 * * * ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization. ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to- time, and regulations promulgated thereunder. ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. 3 * * * SECTION 3: Chapter __ (General Zoning Provisions) of Title __ (Zoning Ordinance) of the __________ Municipal Code is hereby amended by adding the underlined language and deleting the stricken language, as follows: * * * ________: ADULT-USE CANNABIS: 1. Purpose and Applicability: It is the intent and purpose of this Section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the City/Village of __________. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply. 2. Conditional Use: Adult-Use Cannabis Business Establishment facilities, as defined herein, requiring approval of a conditional use in the respective districts in which they are requested shall be processed in accordance with Section ___(Conditional Uses) of this Title and Section 3 (Adult-Use Cannabis Facility Components) as provided herein. 3. Adult-Use Cannabis Facility Components: In determining compliance with Section ___ (Conditional Uses) of this Title, the following components of the Adult-Use Cannabis Facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties: 3.1 Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property. 3.2 Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance. 3.3 Hours of operation and anticipated number of customers/employees. 3.4 Anticipated parking demand based on Section ___and available private parking supply. 3.5 Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways. 3.6 Site design, including access points and internal site circulation. 3.7 Proposed signage plan. 3.8 Compliance with all requirements provided in Section 4 (Adult-Use Cannabis Craft Grower); Section 5 (Adult-Use Cannabis Cultivation Center); Section 6 (Adult-Use Cannabis Dispensing Organization); Section 7 (Adult-Use Cannabis Infuser Organization); Section 8 (Adult-Use Cannabis Processing Organization); or Section 9 (Adult-Use Cannabis Transporting Organization), as applicable. 3.8 Other criteria determined to be necessary to assess compliance with Section ____ (Conditional Uses) of this Title. 4 4. Adult-Use Cannabis Craft Grower: In those zoning districts in which an Adult-Use Cannabis Craft Grower may be located, the proposed facility must comply with the following: 4.1 Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section. 4.2 Facility may not be located within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes. 4.3 Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act. 4.4 For purposes of determining required parking, Adult-Use Cannabis Craft Grower shall be classified as “____________________” per Section ___(Schedule of Off-Street Parking Requirements: Industrial Uses), provided, however, that the City/Village may require that additional parking be provided as a result of the analysis completed through Section ___(Adult-Use Cannabis: Conditional Use) herein. 4.5 Petitioner shall file an affidavit with the City/Village affirming compliance with Section ___as provided herein and all other requirements of the Act. 5. Adult-Use Cannabis Cultivation Center: In those zoning districts in which an Adult-Use Cannabis Cultivation Center may be located, the proposed facility must comply with the following: 5.1 Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section. 5.2 Facility may not be located within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes. 5.3 Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act. 5.4 For purposes of determining required parking, Adult-Use Cannabis Cultivation Centers shall be classified as “____________________” per Section ___(Schedule of Off-Street Parking Requirements: Industrial Uses), provided, however, that the City/Village may require that additional parking be provided as a result of the analysis completed through Section ___(Adult-Use Cannabis: Conditional Use) herein. 5.5 Petitioner shall file an affidavit with the City/Village affirming compliance with Section ___as provided herein and all other requirements of the Act. 6. Adult-Use Cannabis Dispensing Organization: In those zoning districts in which an Adult-Use Cannabis Dispensing Organization may be located, the proposed facility must comply with the following: 6.1 Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section. 6.2 Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes. 5 6.3 At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises other than as authorized in Section 6.5 below in the same tenant space. 6.4 Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act. 6.5 Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by Section 10 (Additional Requirements) shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following notice and hearing as provided in Section __ of the City/Village of Municipal Code. 6.6 For purposes of determining required parking, said facilities shall be classified as “____________” per Section ___(Schedule of Off-Street Parking Requirements: Commercial Uses) of the City/Village of __________ Municipal Code, provided, however, that the City/Village may require that additional parking be provided as a result of the analysis completed through Section ___(Adult-Use Cannabis: Conditional Use) herein. 6.7 Petitioner shall file an affidavit with the City affirming compliance with Section ____ as provided herein and all other requirements of the Act. 7. Adult-Use Cannabis Infuser Organization: In those zoning districts in which an Adult-Use Cannabis Infuser Organization may be located, the proposed facility must comply with the following: 7.1 Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section. 7.2 Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes. 7.3 At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act. 7.4 For purposes of determining required parking, said facilities shall be classified as “____________” per Section ___(Schedule of Off-Street Parking Requirements: Commercial Uses) of the City/Village of __________ Municipal Code, provided, however, that the City/Village may require that additional parking be provided as a result of the analysis completed through Section ___(Adult-Use Cannabis: Conditional Use) herein. 7.5 Petitioner shall file an affidavit with the City affirming compliance with Section ____ as provided herein and all other requirements of the Act. 6 8. Adult-Use Cannabis Processing Organization: In those zoning districts in which an Adult-Use Cannabis Processing Organization may be located, the proposed facility must comply with the following: 8.1 Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section. 8.2 Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes. 8.3 At least 75% of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act. 8.4 For purposes of determining required parking, said facilities shall be classified as “____________” per Section ___(Schedule of Off-Street Parking Requirements: Commercial Uses) of the City/Village of __________ Municipal Code, provided, however, that the City/Village may require that additional parking be provided as a result of the analysis completed through Section ___(Adult-Use Cannabis: Conditional Use) herein. 8.5 Petitioner shall file an affidavit with the City affirming compliance with Section ____ as provided herein and all other requirements of the Act. 9. Adult-Use Cannabis Transporting Organization: In those zoning districts in which an Adult- Use Transporting Organization may be located, the proposed facility must comply with the following: 9.1 Facility may not be located within 1,500 feet of the propert y line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section. 9.2 Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes. 9.3 The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act. 9.4 For purposes of determining required parking, said facilities shall be classified as “____________” per Section ___(Schedule of Off-Street Parking Requirements: ___________) of the City/Village of __________ Municipal Code, provided, however, that the City/Village may require that additional parking be provided as a result of the analysis completed through Section ___(Adult-Use Cannabis: Conditional Use) herein. 9.5 Petitioner shall file an affidavit with the City affirming compliance with Section ____ as provided herein and all other requirements of the Act. 10. Additional Requirements: Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the 7 floor plan for an Adult-Use Cannabis Business Establishment and the site on which it is located, consistent with the requirements of the Act. 11. Co-Location of Cannabis Business Establishments. The City/Village may approve the co- location of an Adult-Use Cannabis Dispensing Organization with an Adult-Use Cannabis Craft Grower Center or an Adult-Use Cannabis Infuser Organization, or both, subject to the provisions of the Act and the Conditional Use criteria within the City/Village of ________ Municipal Code. In a co-location, the floor space requirements of Section 6.3 and 7.3 shall not apply, but the co- located establishments shall be the sole use of the tenant space. SECTION 4: Chapter __ (Commercial Districts) of Title __ (Zoning Ordinance) of the City/Village of __________ Municipal Code is hereby amended by adding the underlined language and deleting the stricken language, as follows: ARTICLE A. B-1 GENERAL COMMERCIAL DISTRICT _______: PERMITTED USES: * * * _______: CONDITIONAL USES: The following conditional uses may be permitted in specific situations in accordance with the procedures outlined in Section _____ and Chapter __ of this Title, as appropriate: * * * Adult-Use Cannabis Dispensing Organization. ARTICLE B. B-2. INTENSE COMMERCIAL DISTRICT _______: PERMITTED USES: * * * _______: CONDITIONAL USES: The following conditional uses may be permitted in specific situations in accordance with the procedures outlined in Section ______ and Chapter __ of this Title, as appropriate: * * * Adult-Use Cannabis Dispensing Organization. Adult-Use Cannabis Infuser Organization. Adult-Use Cannabis Processing Organization. Adult-Use Cannabis Transporting Organization. SECTION 5: Chapter __ (Industrial Districts) of Title __ (Zoning Ordinance) of the City/Village of __________ Municipal Code is hereby amended by adding the underlined language and deleting the stricken language, as follows: ARTICLE A. I-1 GENERAL INDUSTRIAL DISTRICT _______: PERMITTED USES: * * * _______: CONDITIONAL USES: The following conditional uses may be permitted in specific situations in accordance with the procedures outlined in Section ______ and Chapter __ of this Title, as appropriate: * * * 8 Adult-Use Cannabis Craft Grower Organization. Adult-Use Cannabis Dispensing Organization. Adult-Use Cannabis Infuser Organization. Adult-Use Cannabis Processing Organization. Adult-Use Cannabis Transporting Organization. ARTICLE B. I-2 HEAVY INDUSTRIAL DISTRICT _______: PERMITTED USES: * * * _______: CONDITIONAL USES: The following conditional uses may be permitted in specific situations in accordance with the procedures outlined in Section ______ and Chapter __ of this Title, as appropriate: * * * Adult-Use Cannabis Craft Grower Organization. Adult-Use Cannabis Cultivation Organization. Adult-Use Cannabis Dispensing Organization. Adult-Use Cannabis Infuser Organization. Adult-Use Cannabis Processing Organization. Adult-Use Cannabis Transporting Organization. SECTION 6: Severability. If any provision of this Ordinance or application thereof to any person or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable. SECTION 7: Effective Date. This Ordinance shall be in full force and effect upon its passage and approval as required by law. ADOPTED THIS _______ day of _________________, 20__. AYES: NAYS: ABSTENTIONS: ABSENT: APPROVED THIS ________ day of _______________________, 20 __. ___________________________________________ Mayor/Village President ATTEST: ____________________________________________ City/Village Clerk Model Ordinance Municipal Cannabis Retailers’ Occupation Tax ILLINOIS MUNICIPAL LEAGUE 17 1 MODEL ORDINANCE MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX ORDINANCE NO. ______ AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY/VILLAGE OF ________________ BY THE ADDITION OF [ARTICLE/CHAPTER] __________ IMPOSING A MUNICIPAL CANNABIS RETAILERS’ OCCUPATION TAX WHEREAS, the City/Village has the authority to adopt ordinances and to promulgate rules and regulations [that pertain to its government and affairs and] that protect the public health, safety and welfare of its citizens; and WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Municipal Cannabis Retailers’ Occupation Tax Law, 65 ILCS 5/11-8-22 et seq. (Act); and WHEREAS, this Ordinance is intended to impose the tax authorized by the Act providing for a municipal cannabis retailers’ occupation tax which will be collected by the Illinois Department of Revenue; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City/ Board of Trustees of the Village of _____________________ as follows: SECTION 1. Recitals. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. SECTION 2. Adoption of Tax. Chapter ___ of the Municipal Code of the City/Village of ______________ shall be amended by the addition of [Article/Chapter] ____ that will read as follows: ARTICLE [CHAPTER] ____ Municipal Cannabis Retailers’ Occupation Tax. 1. Tax imposed; Rate. (a) A tax is hereby imposed upon all persons engaged in the business of selling cannabis, other than cannabis purchased under the Compassionate Use of Medical Cannabis Pilot Program Act, at retail in the City/Village at the rate of 3% of the gross receipts from these sales made in the course of that business. (b) The imposition of this tax is in accordance with the provisions of Sections 8-11-22, of the Illinois Municipal Code (65 ILCS 5/8-11-22). 2. Collection of tax by retailers. 2 (a) The tax imposed by this Ordinance shall be remitted by such retailer to the Illinois Department of Revenue (Department). Any tax required to be collected pursuant to or as authorized by this Ordinance and any such tax collected by such retailer and required to be remitted to the Department shall constitute a debt owed by the retailer to the State. Retailers may reimburse themselves for their seller's tax liability hereunder by separately stating that tax as an additional charge, which charge may be stated in combination, in a single amount, with any State tax that sellers are required to collect. (b) The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department. The Department shall have full power to administer and enforce the provisions of this article. 3. Severability. If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance. 4. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law, provided, however, that the tax provided for herein shall take effect for all sales on or after the first day of January, 2020. Copies of this Ordinance shall be certified and sent to the Illinois Department of Revenue prior to September 30, 2019. [NOTE: Any new ordinance or amendment to an existing ordinance can take effect only on September 1. To be effective September 1, an ordinance must be adopted and filed with the Department of Revenue by June 1.] ADOPTED THIS _______ day of _________________, 20__. AYES: NAYS: ABSTENTIONS: ABSENT: APPROVED THIS ________ day of _______________________, 20 __. ___________________________________________ Mayor/Village President ATTEST: ____________________________________________ City/Village Clerk Disclaimers & Referrals ILLINOIS MUNICIPAL LEAGUE 20 1 IML has assembled these resources for your municipality’s consideration. It is strongly recommended that you consult with your municipal attorney or other qualified counsel prior to considering or adopting any of the model ordinances. The model ordinances are being provided as a reference for use in drafting an ordinance for your community. The model ordinances may require adaptation and modification to conform to your community’s determinations and specific code provisions. It is further recommended that local law enforcement officials discuss the mandated expungements with your municipality’s retained attorney or other qualified counsel, as well as the state’s attorney’s office in your county to gain a full understanding of the issue and process and to be in compliance with what may be complicated expungement provisions. IML shall not provide direction or counsel on this aspect of the new law, due to the myriad factors that could impact each municipality differently. Municipalities who adopt a Municipal Cannabis Retailers’ Occupation Tax on the sale of cannabis products, as allowed by P.A. 101-0027, the Cannabis Regulation and Tax Act, must submit their certified ordinance to the Illinois Department of Revenue's Local Tax Allocation Division. Their mailing address is: Local Tax Allocation Division (3-500) Illinois Department of Revenue 101 West Jefferson Street Springfield, Illinois 62702 State Agency Contacts Illinois Department of Agriculture Website: https://www2.illinois.gov/sites/agr/Pages/default.aspx Phone: (217) 785-4789 Illinois Department of Financial and Professional Regulation Website: https://www.idfpr.com/profs/adultusecan.asp Phone: (888) 473-4858 Email: FPR.AdultUseCannabis@illinois.gov 2 Illinois Department of Public Health Website: www.dph.illinois.gov Phone: (217) 782-4977 These contacts are likely to be expanded and updated as additional agency resources are made available. 500 East Capitol Avenue | P.O. Box 5180 | Springfield, IL 62705-5180 Phone: 217.525.1220 | Fax: 217.525.7438 | iml.org ILLINOIS MUNICIPAL LEAGUE Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #1 Tracking Number PW 2018-102 East Alley Parking Lot – Grant of Easement City Council – August 27, 2019 PW 08-20-19 Moved forward to City Council agenda. PW 2018-102 Majority Approval Please see attached. Bart Olson Administration Name Department This memo is to update the committee on the status of the planned improvements. A verbal agreement has been made with the property owner on the granting of the proper easements for the work to be completed. Previous documentation/agreements that were in place were not clear, therefore it was determined the best course of action was to create a new grant of easement document. A draft of the document is attached. As far as timing of the improvements, once the easement is executed by both parties, the striping and signage should be able to be completed within 1-2 weeks. The far east entrance improvements should be able to be completed within 4-6 weeks after execution. If you have any questions or require additional information, please let us know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: August 15, 2019 Subject: East Alley Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #2 Tracking Number PW 2019-53 Mill Road City Council – August 27, 2019 PW 08-20-19 Moved forward to City Council agenda. PW 2019-53 Majority Consideration of Approval Consideration of Bid Award and General Discussion Brad Sanderson Engineering Name Department The purpose of this memo is to present the bid results taken from Kendall County as well as to discuss an update on the overall project. Patching and Resurfacing Bid Results Bids were received by Kendall County on August 9th. The detailed bid tab is attached. Geneva Construction is the apparent low bidder in the amount of $140,797.50. The bids were above the engineer’s estimate. The cost per ton of the surface mix was $84 as compared to $63 for the 2019 RTBR program. In discussions with the County Engineer, there may be way to save $10-15,000 by modifying the paving and pavement marking specifications that were included in the base bid. These base bid items included higher end paving and pavement marking specifications that may not be needed since this is a temporary fix. A detailed discussion is anticipated at the Committee Meeting. Overall Project Update The plans and specifications for the overall project are at 95% and we would be able to schedule a bid letting in a short period of time. Based on the current design, there are three (3) parcels of land that are needed for right-of-way acquisition. As of the date of this memo, two (2) of the parcels have agreed to terms and are in the process of being finalized. The parcels acquired are on the eastern portion of the project. The acquisition of the third parcel had been placed on hold pending the County’s roundabout review. There are utility relocates that need to occur with the roadway reconstruction. We are nearing approval of the Comed relocation permit. Once the permit is approved, the relocates will then be scheduled. We are anticipating that this will be complete by Spring 2020. There are railroad crossing improvements that are necessary as part of this project. The BNSF has provided us with a complete list of the improvements required along with their costs. We are awaiting a formal agreement from them for approval by the City Council. It should be noted that work can proceed on either side of the railroad right-of-way without an agreement. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: August 14, 2019 Subject: Mill Road There was recent discussion at the County’s Transportation Committee meeting held on August 13th regarding improvements at the Galena and Kennedy Road intersection. Generally, it is our understanding that the results of the analysis and discussion were as follows:  The 4-legged roundabout concept (Galena, Kennedy and Mill) will not work as a single lane roundabout.  The preferred concept is a traditional intersection at Galena and Kennedy (Signal) with the originally planned realigned Mill Road connecting to Kennedy. There was also discussion that perhaps this intersection would be suited for a roundabout. It is anticipated that a meeting will be held with Kendall County officials to further discuss. The funding of the City’s portion of the project is tied into the Grande Reserve development. It is our understanding that the development remains committed to fronting the funds, however this will most likely not occur until a revised annexation agreement has been approved. We further understand that an application will be submitted to the City soon. A detailed discussion is anticipated at the Committee Meeting. AGENCY:KENDALL Builders Asphalt, LLC D Construction Inc. Geneva Construction Co. SECTION:19-00000-03-GM, Mill Road 4413 Roosevelt Rd. 1488 S. Broadway P. O. Box 998 DATE:August 9, 2019 Hillside, IL 60162 Coal City, IL 60416 Aurora, IL 60507 TIME:10:00 A.M. LOW BIDDER Item Description Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total 40600290 BIT MATL (TACK COAT)POUND 5,000.0 0.50 2,500.00 0.01 50.00 0.01 50.00 0.01 50.00 40600400 MIX CR JTS FLANGEWYS TON 20.0 250.00 5,000.00 385.00 7,700.00 290.00 5,800.00 220.00 4,400.00 40600982 HMA SURF REM BUTT JT SQ YD 100.0 25.00 2,500.00 38.00 3,800.00 15.00 1,500.00 20.00 2,000.00 406003535 P HMA SC "D" N50 TON 1,250.0 70.00 87,500.00 84.00 105,000.00 88.00 110,000.00 84.00 105,000.00 40800050 INCIDENTAL HMA SURF TON 30.0 125.00 3,750.00 130.00 3,900.00 95.00 2,850.00 150.00 4,500.00 48101200 AGG SHLDS B TON 375.0 30.00 11,250.00 40.00 15,000.00 30.00 11,250.00 33.00 12,375.00 70100460 TRAF CONT - PROT 701306 L SUM 1.0 2,000.00 2,000.00 2,140.25 2,140.25 4,000.00 4,000.00 1,800.00 1,800.00 70300100 SHORT TERM PAVT MKING FOOT 500.0 1.00 500.00 1.75 875.00 1.00 500.00 0.75 375.00 70301000 WORK ZONE PAVT MK REM SQ FT 167.0 2.50 417.50 3.25 542.75 1.00 167.00 2.50 417.50 78009004 MOD URETH PM LINE 4"FOOT 13,000.0 0.35 4,550.00 0.76 9,880.00 0.63 8,190.00 0.76 9,880.00 TOTALS: 119,967.50 148,888.00 144,307.00 140,797.50 NAME & ADDRESS OF BIDDERS TABULATION OF BIDS APPROVED ENGINEER'S ESTIMATE BNSF RRAnna MariaJ u s t i c e M a t l o c kShoegerCrookerPreston GrandeBaileyBeresfordEvansBig RockSeeleyHollyH a v e n h i l l K e n n e d y AllegianceMillPine RidgeBradyL e h ma nTuscany HighlandB i s s e l BerrywoodGalenaEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 / www.eeiweb.conEXHIBIT 5LOCATION MAPDATE:MARCH 2018United City of Yorkville800 Game Farm RoadYorkville, IL 60560(630) 553-4350http://www.yorkville.il.usMILL ROADRECONSTRUCTIONUNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISCONSULTING ENGINEERSNO. DATE REVISIONSPROJECT NO.:YO1726PATH:H:/GIS/PUBLIC/YORKVILLE/2017/YO1726_ MILL RD EXHIBIT A.MXDFILE:fffääNORTHGALENA / KENNEDYINTERSECTION IMPROVEMENTSKENDALL COUNTY CONSTRUCTION ANTICIPATED 2020 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #3 Tracking Number PW 2019-54 Grande Reserve – Unit 2 Bond Release City Council – August 27, 2019 PW 08-20-19 Moved forward to City Council agenda. PW 2019-54 Majority Consideration of Approval Recommendation to release remaining performance security Brad Sanderson Engineering Name Department The developer has completed the remaining punchlist items from the one-year warranty period and we are now recommending a full release of their remaining performance security. The value of the remaining security is $124,225.41 per the attached. The public improvements were accepted on March 27, 2018. Please let us know if you have any questions. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, City Clerk Date: July 17, 2019 Subject: Grande Reserve Unit 2 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #4 Tracking Number PW 2019-55 Grande Reserve – Unit 5 Bond Release City Council – August 27, 2019 PW 08-20-19 Moved forward to City Council agenda. PW 2019-55 Majority Consideration of Approval Recommendation to release remaining performance security Brad Sanderson Engineering Name Department The developer has completed the remaining punchlist items from the one-year warranty period and we are now recommending a full release of their remaining performance security. The value of the remaining security is $109,456.65 per the attached. The public improvements were accepted on March 27, 2018. Please let us know if you have any questions. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, City Clerk Date: July 17, 2019 Subject: Grande Reserve Unit 5 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #5 Tracking Number PW 2019-56 Casey’s Letter of Credit Release City Council – August 27, 2019 PW 08-20-19 Moved forward to City Council agenda. PW 2019-56 Majority Consideration of Approval Recommendation to release remaining performance security Brad Sanderson Engineering Name Department The developer has completed the remaining punchlist items from the one-year warranty period and we are now recommending a full release of their remaining performance security. The value of the remaining security is $7,603.80 per the attached. The public improvements were accepted on August 28, 2018. Please let us know if you have any questions. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, City Clerk Date: July 17, 2019 Subject: Casey’s Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #6 Tracking Number PW 2019-57 Well 4 Autotransformer Purchase City Council – August 27, 2019 PW 08-20-19 Moved forward to City Council agenda. PW 2019-57 Positive Approval Discussion of a sole-source purchase of an autotransformer to repair Well 4. Eric Dhuse Public Works Name Department Summary Discussion of the sole-source purchase of an autotransformer within the size 6 bucket in section 4F of MCC-1A power for Well 4 that is in need of repair and no longer serviceable in the amount of $48,750. Background As an integral component of the City’s water system, Well 4, located on Tower Lane, serves the central parts of the City on both sides of the river. This water treatment plant has been online since 2004, and since then the City has had to replace the autotransformer once before. The autotransformer directs power through the starter components to the motor controlling the flow of water between the well and water tower. With the autotransformer failing twice since 2004, staff proposes to replace it with a new solid- state model. The new solid-state transformer can actively regulate voltage and current needed to run the Well motor efficiently as it operates at a higher frequency. The power flows at a more regulated and controlled rate with the solid-state versus the conventional transformer which is what staff believes is affecting the existing autotransformer. The other treatment plants have the same autotransformer, however, do not have the same issues as the usage is reduced allowing for less wear and tear on the autotransformer. The autotransformer is a small part of the Eaton starter system for Well 4 (see Exhibit A). According to the City Municipal Code (Chapter 1-7-3(a)(i)), this purchase is exempt from the bidding requirements as the autotransformer must be compatible with the existing water system structure provided by Eaton Corporation resulting in a sole-source purchase. Although it is very expensive, this is a crucial part of the system that should be replaced and installed by the Eaton Corporation. This purchase is budgeted in FY2020 in the water operations fund (51). Recommendation Staff requests the Committee recommend to the Council the authorization to purchase a solid- state autotransformer with Eaton Corporation, Glendale Heights, IL, in the amount not to exceed $48,750. Attachment  Exhibit A – Well 4 Autotransformer Pictures  Exhibit B – Eaton Corporation Cost Proposal Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works Carri Parker, Purchasing Manager CC: Bart Olson, Administrator Date: August 20, 2019 Subject: Well 4 Autotransformer Purchase EXHIBIT A Image 1: This is a picture of the autotransformer that needs replacing. Image 2: This is a picture of the motor control cabinet for Well 4 where the autotransformer is housed. EXHIBIT B Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #7 Tracking Number PW 2019-59 Invitation to Bid the Construction of the Public Works Materials Storage Shed City Council – August 27, 2019 PW 08-20-19 Moved forward to City Council agenda. PW 2019-59 Supermajority (6 out of 9) Approval See Attached Memo Carri Parker, Purchasing Manager Administration Name Department Summary Discussion of the bid results and contract award for the Construction of the Public Works Materials Storage Shed Invitation To Bid (ITB) and corresponding budget amendment. Background The former materials storage shed was constructed in the 1980’s. The structure has been degrading and in April 2019 staff observed the deterioration of the support columns and the degradation of the tin walls from the salt. The entire building was leaning, resulting in the danger of the building falling over causing a public safety concern. The building was demolished on May 10, 2019. In 2015, the City had plans and specifications developed to begin the competitive bidding process to replace this building. The City had a State grant to assist in the cost of the building replacement and the remaining proceeds were going to be funded out of the Motor Fuel Tax (MFT) Fund. Due to the State not passing a budget in 2015, the grant funding was not received, and the project was put on hold. Staff has worked with EEI to update the plans and specifications to solicit bids through the Invitation To Bid process. The only change to the original plans was to add additional siding on the face of the building to protect the stored material from the weather. The main structural difference between the new plans and the original plans for the Materials Storage Shed is that the material storage bins will be poured concrete instead of wood. Once the concrete has been sealed this will create a barrier between the concrete and salt to stop corrosion. In addition, the poured concrete will be much stronger and hold up to more use than wooden bins. On August 2, 2019, the City held a public bid opening for the construction of the new Public Works materials storage shed. Three (3) bids were received: Schramm Construction, R. Berti Building Solutions and Lite Construction. Lite Construction, located in Montgomery, IL, was the lowest responsible bidder. The bids received from Schramm Construction and R. Berti Building Solutions are disqualified as both of them did not submit the correct bid tab per Addendum #2. The bid tab is attached for reference. Memorandum To: City Council From: Eric Dhuse, Public Works Director Carri Parker, Purchasing Manager CC: Bart Olson, City Administrator Date: August 27, 2019 Subject: Public Works Materials Storage Shed ITB Results Discussion Recommendation Staff requests the City Council authorize the execution of a contract with Lite Construction, Montgomery, IL, for the construction of the Public Works materials storage shed in the amount not to exceed $249,700. In addition, a budget amendment would also need to be approved in order to appropriate funds for this project. As shown on Schedule A of Exhibit 3, $250,000 would need to be transferred out of the General Fund (i.e. other financing use out of the 640-Administrative Services cost center on page 4) into the City-Wide Capital Fund (i.e. other financing source on page 6). The expenditures related to the proposed construction of the material storage shed would be shown on page 7, under the line item 23-216-60-00-6003. This amendment has no budgetary impact on the City-Wide Capital Fund, since the expenditure is offset by a transfer from the General Fund. This proposed amendment would cause the General Fund budget to go into a deficit position; however, it should be noted that even with the proposed $250,000 transfer, amended fund balance is ~ $130,000 higher than originally budgeted, due to the surplus of ~$380,000 generated in FY 2019. Attachments  Ordinance – Proposed Budget Amendment  Resolution - Authorize the Execution of a Contract  Exhibit A – Bid Tab  Exhibit B – Lite Construction Contract  Schedule A – General Fund Resolution No. 2019-___ Page 1 Resolution No. 2019-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AUTHORIZING THE EXECUTION OF A CONTRACT WITH LITE CONSTRUCTION, MONTGOMERY, IL, FOR THE CONSTRUCTION OF THE PUBLIC WORKS MATERIALS STORAGE SHED IN THE AMOUNT NOT TO EXCEED $249,700. WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois Constitution and the Illinois Municipal Code, as from time to time amended (the “Municipal Code”) (65 ILCS 5/65-1-1-2, et seq.); and, WHEREAS, it is in the best interest of the City to enter into a contract with Lite Construction, Montgomery, Illinois, for construction of the Public Works Materials Storage Shed substantially in the form attached hereto marked aa “Exhibit B”. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City is hereby committed to meet all of the requirements as set forth in “Exhibit B”. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute the contract, Resolution of Authorization and to undertake any and all actions as may be required to implement the terms of the contract. Resolution No. 2019-___ Page 2 Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois this 27th day of August, 2019. KEN KOCH ________ DAN TRANSIER ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ ______________________________ Mayor Attest: ___________________________________ City Clerk Ordinance No. 2019-____ Page 1 Ordinance No. 2019-____ AN ORDINANCE AUTHORIZING THE FOURTH AMENDMENT TO THE ANNUAL BUDGET OF THE UNITED CITY OF YORKVILLE, FOR THE FISCAL YEAR COMMENCING ON MAY 1, 2019 AND ENDING ON APRIL 30, 2020 WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to 65 ILCS 5/8-2-9.4, the City adopted Ordinance No. 2019-24 on April 9, 2019 adopting an annual budget for the fiscal year commencing on May 1, 2019 and ending on April 30, 2020; and, WHEREAS, pursuant to 65 ILCS 5/8-2-9.6, by a vote of two-thirds of the members of the corporate authorities then holding office, the annual budget of the United City of Yorkville may be revised by deleting, adding to, changing or creating sub-classes within object classes and object classes themselves. No revision of the budget shall be made increasing the budget in the event funds are not available to effectuate the purpose of the revision; and, WHEREAS, funds are available to effectuate the purpose of this revision. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the amounts shown in Schedule A, attached hereto and made a part hereof by reference, increasing and/or decreasing certain object classes and decreasing certain fund balances in the General and City-Wide Capital funds with respect to the United City of Yorkville’s 2019-2020 Budget are hereby approved. Section 2: This ordinance shall be in full force and effect from and after its passage and approval according to law. Ordinance No. 2019-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ______ day of ___________________, 2019. ______________________________ CITY CLERK KEN KOCH ________ DAN TRANSIER ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ______ day of ___________________, 2019. ______________________________ MAYOR United City of Yorkville - Bid Tab Public Works Materials Storage Shed Construction ITB Required attachments: No.Item Description Unit Quantity Unit Price Amount UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 CONCRETE SLAB REMOVAL, 6”SY 252 $ 15.00 $ 3,780.00 $ 23.96 $ 6,635.00 $ 10.50 $ 2,646.00 2 HMA REMOVAL, 5” SY 116 $ 20.00 $ 2,320.00 $ 25.88 $ 2,950.00 $ 13.00 $ 1,508.00 3 PERIMETER EROSION BARRIER LF 95 $ 4.00 $ 380.00 $ 6.00 $ 600.00 $ 4.00 $ 380.00 4 INLET PROTECTOR EACH 1 $ 250.00 $ 250.00 $ 150.00 $ 150.00 $ 300.00 $ 300.00 5 AGGREGATE BASE COURSE, 4”SY 303 $ 12.00 $ 3,636.00 $ 8.58 $ 2,600.00 $ 12.00 $ 3,636.00 6 CAST-IN-PLACE CONCRETE LS 1 $ 125,000.00 $ 125,000.00 $ - $ 109,390.00 $ 144,961.00 $ 144,961.00 7 PRE-ENGINEERED POST FRAME BUILDING SYSTEM LS 1 $ 110,000.00 $ 110,000.00 $ - $ 81,500.00 $ 76,000.00 $ 76,000.00 8 BOLLARD EACH 6 $ 800.00 $ 4,800.00 $ 300.00 $ 1,800.00 $ 500.00 $ 3,000.00 9 RESTORATION, CA-6, 6”SY 50 $ 30.00 $ 1,500.00 $ 20.00 $ 1,000.00 $ 8.00 $ 400.00 10 RESTORATION, HMA, SC, MIX “D”, IL9.5, N50, 6” (2 LIFTS)TON 14 $ 400.00 $ 5,600.00 $ - $ - $ 321.00 $ 4,494.00 11 NON-SPECIAL, NON- HAZARDOUS SOIL WASTE DISPOSAL – TYPE 1 TON 25 $ 100.00 $ 2,500.00 $ - $ - $ 95.00 $ 2,375.00 12 ALLOWANCE UNIT 10,000 $ 1.00 $ 10,000.00 $ 1.00 $ 10,000.00 $ 1.00 $ 10,000.00 OTHER FEES $ 35,428.00 Bid Opening - Friday, August 2, 2019 at 9:00 a.m. Yorkville City Hall - 800 Game Farm Road Yes Yes Lite Construction, Montgomery, IL Yes Yes Yes Signed Bid Sheet Signed Bid Sheet with Certifications Yes YesYes $ 252,053.00 Engineer's Estimate Schramm Construction, Saint Charles, IL (Non-Responsive - did not use new bid sheet) Yes or No Yes Yes Yes Yes Yes $ 269,766.00 R Berti Building Solutions, Joliet, IL (Changed Quantity on Bid Sheet) Yes or No Yes $ 340,000.00 Yes or No Yes Yes Yes No $ 249,700.00 Yes Yes Yes Yes Yes Yes Yes No TOTAL PROJECT AMOUNT Signed Addendum 2 Yes No Yes Bid Bond (10%) Signed Addendum 1 No References Signed Contract Detailed Exception Sheet (optional) Equipment List Subcontracting List INVITATION TO BID THE CONSTRUCTION OF THE PUBLIC WORKS MATERIALS STORAGE SHED Deadline: Friday, August 2, 2019 at 9:00 a.m. TABLE OF CONTENTS Legal Notice ..........................................................................................................................3 Instructions To Bidders - General Conditions ......................................................................4 Special Conditions ................................................................................................................12 Insurance Requirements ........................................................................................................15 General Special Provisions ...................................................................................................18 Bid Sheet ...............................................................................................................................35 Detail Exception Sheet ..........................................................................................................38 Equipment List ......................................................................................................................39 Subcontractor Listing ............................................................................................................40 References .............................................................................................................................42 Contract .................................................................................................................................44 Exhibit A ...............................................................................................................................45 Exhibit B ...............................................................................................................................50 Exhibit C ...............................................................................................................................103 Exhibit D ...............................................................................................................................104 UNITED CITY OF YORKVILLE, ILLINOIS LEGAL NOTICE INVITATION FOR BID The United City of Yorkville, Illinois will accept sealed bids for the Construction of the Public Works Material Storage Shed. Sealed bids will be received at the address listed below until Friday, August 2, 2019 at 9:00 a.m. local time. Bids will be publicly opened and read aloud at the date and time stated above. Proposals not physically received by the date and time listed above will be returned, unopened to the firm. Emailed or faxed bids will not be accepted. All proposals should be addressed to: United City of Yorkville Re: (vendor name) Invitation to Bid – Material Storage Shed Attention: Carri Parker, Purchasing Manager 800 Game Farm Road Yorkville, IL 60560 Proposal packets are available online at http://www.yorkville.il.us. The link can be found under the Business Tab-Bids & RFPs. Additional packets may be picked up at the United City of Yorkville City Hall, 800 Game Farm Road, Yorkville, IL 60560. Please contact the Purchasing Manager to schedule a time to pick up the packet. Bidders are advised of the following requirements of this contract: 1. Applicability of Illinois Prevailing Wage Act, 2. 10% bid security with the bid submittal, 3. performance bond on award of contract, and 4. labor and material payment bond on award of contract. Any questions regarding this Legal Notice or actual bid specifications shall be directed to Carri Parker, Purchasing Manager in writing at cparker@yorkville.il.us not less than ten (10) business days prior to the scheduled bid opening date. The bidder shall at all times observe and conform to all laws, ordinances, and regulations of the Federal, State, and City which may in any manner affect the preparation of bids or the performance of the contract. Carri Parker Purchasing Manager UNITED CITY OF YORKVILLE, ILLINOIS INSTRUCTIONS TO BIDDERS - GENERAL CONDITIONS These Instructions to Bidders and General Conditions apply to all bids requested and accepted by the City and become a part of the contract unless otherwise specified. Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting bids. The City assumes that submission of a bid means that the Bidder has familiarized himself with all conditions and intends to comply with them unless noted otherwise. 1. Forms – All bids must be submitted on the forms provided, complete with all blank spaces filled in and properly signed in ink in the proper spaces and submitted in a sealed envelope. All bid forms may be obtained from the United City of Yorkville City Hall, 800 Game Farm Road, Yorkville, IL 60560. Please contact the Purchasing Manager to schedule a time to pick up the packet. When completed deliver to the United City of Yorkville City Hall, Attn. Carri Parker, Purchasing Manager, 800 Game Farm Road, Yorkville, IL 60560 prior to the bid opening date and time. Bids must be identified as such on the outside of the sealed envelope by marking the envelope “SEALED BID” and with the following information: Company’s name, address, item bid, date and time of opening. Bidders may attach separate sheets for the purpose of explanation, exception, or alternative proposal and to cover required unit prices. 2. Submittal of Bid – Bids must be submitted to the attention of the Carri Parker, Purchasing Manager at the above address no later than Friday, August 2, 2019 at 9:00 a.m. local time. Bids arriving after the specified time will not be accepted. Mailed bids which are delivered after the specified hour will not be accepted regardless of postmarked time on the envelope. Bidders should carefully consider all bid delivery options and select a method that will successfully deliver their bid by the required time and date. 3. Examination of Bid Forms, Specifications, and Site – The bidder shall carefully examine the bid forms which may include the invitation to bid, instruction to bidders, general conditions, special conditions, plans, specifications, bid form, bond, contract, and any addenda to them, and sites of the proposed work (when known) before submitting the bid. The bidder shall verify all measurements relative to the work, shall be responsible for the correctness of same. The bidder will examine the site and the premises and satisfy themselves as to the existing conditions under which the bidder will be obligated to operate. Failure of the bidder to notify the City, in writing, of any condition(s) or measurement(s) making it impossible to carry out the work as shown and specified, will be construed as meaning no such conditions exist and no additional moneys will be added to the contract. The successful bidder must notify all utility companies that are a part of J.U.L.I.E. of the responsibility of each utility company to locate its utilities. The submission of the bid shall be considered conclusive evidence that the bidder has investigated and is satisfied as to all conditions to be encountered in performing the work, and is fully informed as to character, quality, quantities, and costs of work to be performed and materials to be furnished, and as to the requirements of the bid forms. If the bid is accepted, the bidder will be responsible for all errors in his proposal resulting from his failure or neglect to comply with these instructions, and the City shall not be responsible for any charge for extra work or change in anticipated profits resulting from such failure or neglect. 4. Scope of Work – The bidder shall supply al required supervision, skilled labor, transpiration, new materials, apparatus, and tools necessary for the entire and proper completion of the work. The bidder shall supply, maintain and remove all equipment for the performance of the work and be responsible for the safe, proper and lawful construction, maintenance and use of the same. This work shall be completed to the satisfaction of the City. The bidder shall provide adequate protection of the job site to protect the general public and adjacent property. The City is not responsible for site safety. The bidder is solely and exclusively responsible for construction means, methods, technologies and site safety. 5. Interpretation of Bid Documents – Questions regarding bid documents, discrepancies, omissions, or intent of the specifications or plans shall be submitted in writing to the Purchasing manager at cparker@yorkville.il.us at least ten (10) working days prior to opening of bids to provide time for issuing and forwarding an addendum. Any interpretations of the Contract Documents will be made only by addendum duly issued or delivered by the City to each person receiving a set of bid documents. The City will not be responsible for any other explanations for interpretations of the Contract Documents. Letters, requested interpretations, clarifications, and/or explanations shall be so noted on the outside of the envelope and on the first page of the letter with the words, INTERPRETATION REQUEST. Letters not properly marked will not be considered as a formal request. Any letter received within ten working days of the bid date will be returned unopened. 6. Bid Guarantee – Unless specifically waived, each bid shall be accompanied by a bid security in an amount of ten percent (10%) or such other percentage as stated in the supplementary conditions of the full amount of the bid in the form of a certified or bank cashier’s check or bid bond. In a reasonable time after the bid opening, bid deposits of all except the three lowest responsible bidders will be released. The remaining deposits will be released after the successful bidder has entered into the contract and furnished the required insurance and bonds. The bid deposit shall become the property of the City if the successful bidder within fourteen (14) days from awarding the contract refuses or is unable to comply with the contract requirements, not as a penalty, but as liquidated damages. 7. Receiving Bids – Bids received prior to the time of opening will be securely kept, unopened. The Purchasing manager, whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will be attached to the Purchasing manager or the City for the premature or nonopening of a bid not properly addressed and identified, except as otherwise provided by law. 8. Late and Fax Bids – Bids arriving after the specified time, whether sent by mail, courier, or in person, will not be accepted and will be refused and returned unopened. It is the bidder’s responsibility for timely delivery regardless of the methods used. Mailed bids which are delivered after the specified hour will not be accepted regardless of postmarked time on the envelope. Facsimile machine transmitted bids will not be accepted, nor will the City transmit bid documents to prospective bidders by way of a facsimile machine. 9. Completeness – All information required by the Invitation to Bid must be supplied to constitute a responsive bid. The Bidder’s submittal shall include the completed Bid Sheet found in the contract documents. The City will strictly hold the bidder to the terms of the bid. The bid must be executed by a person having the legal right and authority to bind the bidder. 10. Error in Bids – When an error is made in extending total prices, the unit bid price and/or written words shall govern. Otherwise, the bidder is not relieved from errors in bid preparation. Erasures in bids must be explained over signature of bidder. 11. Withdrawal of Bids – A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the Purchasing manager prior to the specified time of opening. After the opening, the bidder cannot withdraw or cancel his bid for a period of forty-five (45) calendar days, or such longer time as stated in the bid documents. 12. Bidder Interested in More than One Bid – Unless otherwise specified, if more than one bid is offered by any one party, by or in the name of his or their agent, partner, or other persons, all such bids may be rejected. A party who has quoted prices on work, materials, or supplies to other bidders is not thereby disqualified from quoting prices to other bidders or from submitting a bid directly for the work, materials, or supplies. 13. Bidder’s Qualifications – No award will be made to any bidder who cannot satisfy to the City that they have sufficient ability and experience in this class of work, as well as sufficient capital and equipment to do the job and complete the work successfully within the time named (i.e. responsible). The City’s decision or judgment on these matters shall be final and binding. The City may make such investigations as it deems necessary. The bidder shall furnish to the City all information and data the City may request for the purpose of investigation. 14. Bid Award for All or Part – Unless otherwise specified, bids shall be submitted for all of the work or items for which bids are requested. The City reserves the right to make award on all items, or any of the items, according to the best interests of the City. 15. Samples – Samples or drawings requested shall be delivered and removed at no cost to the City. The City shall not be responsible for damage to samples. Samples shall be removed by the bidder within thirty (30) days after notification. Samples must be submitted prior to the time set for the opening of bids. 16. Equipment or Materials – Each bidder shall submit catalogs, descriptive literature, and detailed drawings necessary to fully describe those features or the material or work not covered in the specifications. The parts and materials bids must be of current date (latest model) and meet specifications. This provision excludes surplus, remanufactured, and used products except as an alternate bid. The brand name and/or manufacturer of each item proposed must be clearly stated in the bid. Guarantee and/or warranty information must be included with this bid. 17. Toxic Substance – Prior to delivery of any material which is caustic, corrosive, flammable or dangerous to handle, the supplier shall provide written directions as to methods of handling such products, as well as the antidote or neutralizing material required for its first aid (Material Safety Data Sheet). 18. Delivery – Where applicable all materials shipped to the City must be shipped F.O.B. delivered, designated location, Yorkville, Illinois. If delivery is made by truck, arrangements must be made in advance by the bidder, with concurrence by the City, for receipt of the materials. The materials must be delivered where directed. Truck deliveries will be accepted at the Public Works Facility between 7:00 AM and 3:30 PM and at all other City locations 8:00 AM and 4:00 PM, weekdays only. 19. Estimated Bid Quantities – On “Estimated Quantities”, the City may purchase more or less than the estimates. The Contractor shall not be required to deliver more than ten (10) percent in excess of the estimated quantity of each item, unless otherwise agreed upon. 20. Trade Names – Alternative Bid – When an item is identified in the specifications by a manufacturer’s or trade name or catalog number, the bidder shall bid upon the item so identified. If the specifications state “or equal” bids on other items will be considered, provided the bidder clearly identifies in his proposal the item to be furnished, together with any descriptive matter which will indicate the character of the item. Bidders desiring to bid on items which deviate from these specifications, but which they believe are equivalent, are requested to submit alternate bids. However, ALTERNATE BIDS MUST BE CLEARLY INDICATED AS SUCH AND DEVIATIONS FROM THE APPLICABLE SPECIFICATIONS PLAINLY NOTED. The bid must be accompanied by complete specifications for the items offered. Bidders wishing to submit a secondary bid must submit it as an alternate bid. The City shall be the sole and final judge unequivocally as to whether any substitute from the specifications is of equivalent or better quality. 21. Price – Unit prices shall be shown for each unit on which there is a bid as well as the aggregate price and shall include all packing, crating, freight and shipping charges, and cost of unloading at the destination unless otherwise stated in the bid. Unit prices shall not include any local, state, or federal taxes. The City is exempt, by law, from paying State and City Retailer’s Occupation Tax, State Service Occupation and Use Tax and Federal Excise Tax. The City will supply the successful bidder with its tax exemption number. Cash discounts will not be considered in determining overall price but may be used in an overall evaluation. 22. Consideration of Bid – No bid will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the City upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the City or had failed to perform faithfully any previous contract with the City. The bidder, if requested, shall present within 48 hours evidence satisfactory to the City of performance ability and possession of necessary facilities, pecuniary recourses and adequate insurance to comply with the terms of these specifications and contract documents. 23. Award or Rejection – The City reserves the right to reject and/or award any and all bids or parts thereof and to waive formalities and technicalities according to the best interests of the City. Any bid submitted will be binding for forty-five (45) days subsequent to the date of the bid opening. A contract will be awarded to the lowest responsible bidder complying with the conditions of the contract documents only when it is in the best interest of the City to accept the bid. The City shall be the sole judge of compliance with the specifications and reserves the right to accept or reject any and/or all bids or parts thereof. 24. Execution of Contract – The successful bidder shall, within fourteen (14) days after notification of the award: (a) enter into a contract in writing with the City covering all matters and things as are set forth in the specifications and his bid and (b) carry insurance acceptable to the City, covering public liability, property damage, and workmen’s compensation. After the acceptance and award of the bid and upon receipt of a written purchase order executed by the proper officials of the City, this Instruction to Bidders, including the specifications, will constitute part of the legal contract between the United City of Yorkville and the successful bidder. 25. Performance and Labor and Material Payment Bonds – Unless specifically waived or amended in the Special Conditions, the successful bidder shall furnish at the time of execution of the contract a performance bond for the full amount of the contract acceptable in form and surety to the City to guarantee the completion of any work to be performed by the contractor under the contract Unless specifically waived or amended in the Special Conditions, the successful bidder shall furnish at the time of execution of the contract a bond for the full amount of the contract acceptable in form and surety to the City conditioned upon the faithful performance and completion of the contract, payment of material used in such work, and for all labor performed in such work including by subcontractors. In the event that the bidder fails to furnish the bonds within 14 days after notification of the award, then the bid guarantee shall be retained by the City as liquidated damages and not as a penalty. It is agreed that the sum is a fair estimate of the amount of damages that the City will sustain due to the bidder's failure to furnish the bonds. 26. Compliance with All Laws – All work under the contract must be executed in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations which may in any manner affect the preparation of the bid or performance of the contract. 27. Prevailing Wage – Not less than the prevailing rate of wages as established by the City shall be paid by the Contractor and each subcontractor to its laborers, workers, and mechanics constructing public works under this contract as determined by the Illinois Department of Labor pursuant to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.). It shall be the responsibility of the Contractor to monitor the prevailing wage rates for any increase in rates during the contract and adjust wage rates accordingly. The current prevailing wage rates are available on the Illinois Department of Labor web site at www.state.il.us/agency/idol. The Contractor and its subcontractors shall comply with Section 5 of the Act that requires the Contractor and its subcontractors to submit to the City monthly certified payroll records along with a statement affirming that such records are true and accurate, that the wages paid to each worker are not less than the required prevailing rate and that the Contractor or subcontractor is aware that filing records it knows to be false is a Class B misdemeanor. Each month's certified payroll(s) must be filed with the City before the end of the next month or prior to payment by the City for work that includes that payroll. 28. Compliance with the Substance Abuse Prevention on Public Works Projects Act – The Contractor and its Subcontractors shall comply with the Substance Abuse Prevention on Public Works projects Act (820 ILCS 265/1 et seq.) and prior to commencing work on a “public works” project (as defined in the Prevailing Wage Act) file with the City its program to comply with the Act or file that portion of its collective bargaining agreement that deals with the matters covered by the Act. 29. Equal Employment Opportunity – During the performance of the contract and/or supplying of materials, equipment, and suppliers, bidder must be in full compliance with all provisions of the Acts of the General Assembly of the State of Illinois relating to employment, including equal opportunity requirements. 30. Contract Alterations – No amendment of a contract shall be valid unless made in writing and signed by the City Manager or his authorized agent. 31. Notices – All notices required by the contract shall be given in writing. 32. Nonassignability – The Contractor shall not assign the contract, or any part thereof, to any other person, firm, or corporation without the previous written consent of the City Manager. Such assignment shall not relieve the Contractor from his obligations or change the terms of the contract. 33. Default – The City may terminate a contract by written notice of default to the Contractor if: • fails to make delivery of the materials or perform the services within the time specified in the proposal, or • fails to make progress so as to endanger performance of the contract, or • fails to provide or maintain in full force and effect, the liability and indemnification coverages or performance bond as required. If the City terminates the contract, the City may procure supplies or services similar to those so terminated, and the Contractor shall be liable to the City for any excess costs for similar supplies and services, unless the Contractor provides acceptable evidence that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Contractor. 34. Inspection – The City shall have a right to inspect, by its authorized representative, any material, components, or workmanship as herein specified. Materials, components, or workmanship that has been rejected by the authorized representative as not in accordance with the terms of the specifications shall be replaced by the Contractor at no cost to the City. 35. Supplementary Conditions – Wherever special conditions are written into the specifications or supplementary conditions which are in conflict with conditions stated in these Instructions to Bidder, the conditions stated in the specifications or supplementary conditions shall take precedence. 36. Permits and Licenses – The successful bidder and their subcontractor(s) shall obtain, at their own expense, all permits and licenses which may be required to complete the contract. Fees for all City permits, and licenses shall be waived. 37. Bidder's Certification – - In compliance with the Illinois State Law that requires each bidder to file a certification regarding bid rigging and bid rotating and that it is not delinquent in its taxes, the bidder shall file with its bid the attached Bid Proposal Certification. 38. Change Orders – After the contract award, changes in or additions to the work and/or a change in the amount of money to be paid to the bidder must be the result of an approved change order first ordered by the Director of the lead department and approved by the City Administrator and/ or City Board. 39. Time of Completion – The successful bidder shall completely perform its bid in strict accordance with its terms and conditions within the number of consecutive calendar days after notification of award of the contract as stated in the bid proposal. 40. Payment – Payment will be made within thirty (30) days after acceptance of the job by the City after the completion of the work as covered within the contract documents. 41. Guarantees and Warranties – All guarantees and warranties required shall be furnished by the successful bidder and shall be delivered to the City before final payment on the contract is issued. 42. Waiver of Lien – where applicable a waiver of lien and contractor’s affidavit must be submitted by the successful bidder, verifying that all subcontractors and material invoices have been paid prior to the City approving final payment. 43. Bid Schedule – Selection Process Steps Estimated Date(s) Release of Invitation to Bid (ITB) Friday, July 5, 2019 Pre-Bid Meeting (Optional) Monday, July 15, 2019 Final Date for Contractors to Submit Questions Friday, July 26, 2019 at 12:00 p.m. Addenda posted Tuesday, July 30, 2019 at 12:00 p.m. Proposals Due Friday, August 2, 2019 at 9:00 a.m. Public Works Committee Contract Approval Tuesday, August 20, 2019 City Council Contract Approval Tuesday, August 27, 2019 Pre-Construction Meeting (mandatory) Wednesday, September 4, 2019 Not to proceed Monday, September 9, 2019 Project Completion Deadline November 1, 2019 UNITED CITY OF YORKVILLE, ILLINOIS SPECIAL CONDITIONS 1. Bidders Qualifications. If requested, the interested Bidder must provide a detailed statement regarding the business and technical organization of the Bidder that is available for the work that is contemplated. Information pertaining to financial resources, experiences of personnel, previously completed projects, plant facilities, and other data may also be required to satisfy the City that the Bidder is equipped and prepared to fulfill the Contract should the Contract be awarded to him. The competency and responsibility of Bidders and of their proposed subcontractors will be considered in making awards. If requested by the City, the Bidder shall include a complete list of all equipment and manpower available to perform the work intended on the Plans and Specifications. The list of equipment and manpower must prove to the City that the Bidder is well qualified and able to perform the work, and it shall be taken into consideration in awarding the Contract. The list shall be included with the sealed bid package. The City may make such investigations as it deems necessary, and the Bidder shall furnish to the City under oath, if so required, all such information and data for this purpose as the City may request. A responsible Bidder is one who meets all of the following requirements: • Have adequate financial resources or the ability to secure such resources. • Have the necessary experience, organization, and technical qualifications, and has or can acquire, the necessary equipment to perform the proposed Contract. • Is able to comply with the required performance schedule or completion date, taking into account all existing commitments. • Has a satisfactory record of performance, integrity, judgment, and skills. • Is qualified and eligible to receive an award under all applicable laws and regulations. If the Bidder possesses a current Illinois Department of Transportation “Certificate of Eligibility” with an amount for the work specified at least equal to the minimum amount of qualification indicated on the Legal Notice, he may choose to provide the City a copy of the certificate in lieu of providing the above-mentioned Bidders Qualification requirements. 2. Basis of Payment. The Contractor shall submit with each payment request the Contractor’s Partial Waiver of Lien for the full amount of the requested payment. Beginning with the second payment request, and with each succeeding payment request, the Contractor shall submit partial waivers of lien for each subcontractor and supplier showing that the amount paid to date to each is at least equivalent to the total value of that subcontractor’s work, less retainage, included on the previous payment request. The Contractor’s request for final payment shall include the Contractor’s Final Waiver of Lien which shall be for the full amount of his Contract, including any change orders thereto, and Final Waivers of Lien from all subcontractors and suppliers for which Final Waivers of Lien have not previously been submitted. 3. Project Acceptance Procedures. All final pay item quantities shall be agreed upon between the City and the Contractor, and a final invoice shall be submitted by the Contractor, complete with all required waivers of lien and surety. Approval of the final pay estimate by the Director of Public Works shall constitute acceptance of the project by the United City of Yorkville, and written notice of such action shall be given to the Contractor. The date of approval of the final pay estimate shall be the Date of Acceptance and shall also be the date of the Start of Guarantee. Prior to the required Date(s) of Substantial Completion, a partial project acceptance may be granted in accordance with the foregoing procedure for entire project acceptance, with the exception that the pay estimate for the quantities of items included in the partial project acceptance shall not be the final pay estimate for the entire project. In the case of the City’s acceptance of any portion of the work as may be required because of the inclusion of a Date of Substantial Completion requirement, or for other reasons as may be agreed to by the United City of Yorkville, such partial acceptance action shall not constitute acceptance of any other portion of the project not noted in the written notice of partial acceptance which shall be provided to the Contractor by the Director of Public Works. 4. General Guarantee. Neither the final certificate of payment nor any provision in the Contractor Documents, nor partial or entire occupancy of the premises by the City, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of final acceptance of the work unless a longer period is specified. The United City of Yorkville will give notice of observed defects with reasonable promptness. The Contractor shall guarantee all materials and workmanship as defined by the Performance Bond, Labor and Material Payment Bond, and Maintenance Bond requirements. Unless otherwise amended in writing by the Director of Public Works, the date of the Start of any G uarantees, Warranties and Maintenance Bonds shall be coincident with the Date of Acceptance of the entire project. 5. Maintenance Bond. The Maintenance Bond shall be in a penal sum of twenty percent (20%) of the final Contract amount for a period of one (1) year after the date of acceptance of the entire project. The Contractor may elect to reduce the Performance Bond, and the Labor and Material Bond to twenty percent (20%) of the final Contract amount in lieu of a separate Maintenance Bond. Such bond shall guarantee the work against defective workmanship and materials for a period of not less than one (1) year following acceptance of work. 6. Termination of Contract. The United City of Yorkville reserves the right to terminate the whole or any part of this Contract, upon written notice to the Contractor, in the event that sufficient funds to complete the Contract are not appropriated by the Board of Trustees of the United City of Yorkville. The United City of Yorkville further reserves the right to terminate the whole or any part of this Contract, upon written notice to the Contractor, in the event of default by the Contractor. Default is defined as failure of the Contractor to perform any of the provisions of this Contract, or failure to make sufficient progress so as to endanger performance of this Contract in accordance with its terms. In the event of default and termination, the United City of Yorkville may procure, upon such terms and in such manner as the United City of Yorkville may deem appropriate, supplies or services similar to those so terminated. The Contractor shall be liable for any excess costs for such similar supplies or service unless acceptable evidence is submitted to the United City of Yorkville that failure to perform the Contract was due to causes beyond the control and without the fault or negligence of the Contractor. 7. Notification of Work. The Contractor shall notify the City’s Director of Public Works 48 hours prior to commencement of work and 24 hours prior to each inspection at 630.878.7102. 8. Cleaning. During construction, the Contractor and his subcontractors shall remove from the premises, rubbish, waste material, and accumulations, and shall keep the premises clean. The Contractor shall keep the premises clean during construction to the satisfaction of the Director of Public Works. 9. Restoration. The calculation of quantities and limits of Restoration which will be allowed for payment will be in accordance with the “Standard Specifications.” Restoration, fill sand, stone, etc., required outside of the limits as indicated in the Contract Documents will be considered incidental to the Contract. The Contractor shall at all times maintain all equipment and materials within the limits of restoration as specified. 10. Removal and Replacement. All removal and replacement items will be marked and measured for payment prior to removal by the Contractor. Any removal beyond these lines will be replaced to the satisfaction of the Director Public Works with no additional compensation. 11. Business/Resident Notification. The Contractor shall not close any street or private driveway without the consent of the Director of Public Works, and the proper notification of the affected business/resident. 12. Use of Fire Hydrants. No fire hydrants shall be used to obtain water for non-emergency use. Contact the City’s Director of Public Works at 630.878.7102 for access. UNITED CITY OF YORKVILLE, ILLINOIS INSURANCE REQUIREMENTS Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. I. Minimum Scope Of Insurance Coverage shall be at least as broad as: A. Insurance Services Office Commercial General Liability Occurrence Form CG 0001 with the City named as additional insured; on a form at least as broad as the endorsement in paragraph 10 including ISO Additional Insured Endorsement CG 2026, CG 2010. B. Owners and Contractors Protective Liability (OCP) policy is required with the City as insured (for contracts with subcontractors and projects that are inherently dangerous). C. Insurance Service Office Business Auto Liability Coverage Form Number CA 0001, Symbol 01 "Any Auto." D. Workers' Compensation as required by the Worker's Compensation Act of the State of Illinois and Employers' Liability insurance. E. Builder Risk Property Coverage with City as loss payee. II. Minimum Limits Of Insurance Contractor shall maintain limits no less than if required under above scope: A. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project/contract specific aggregate of $1,000,000. B. Owners and Contractors Protective Liability (OCP): $1,000,000 combined single limit per occurrence for bodily injury and property damage. C. Businesses Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. D. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of $1,000,000 per accident. E. Builder's Risk shall insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed value, replacement cost basis. (Protection against loss of materials during construction, renovation, or repair of a structure.) F. Umbrella Excess Insurance: $3,000,000. “Following form” of the underlying and excess policies including listing the City as an additional insured. III. Deductibles And Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, agents, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses. IV. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: A. General Liability and Automobile Liability Coverages 1. The City, its officials, agents, employees, volunteers and Engineering Enterprises, Inc. are to be covered as additional insureds as respects: liability arising out of the Contractor's work, including activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, agents, employees, volunteers and Engineering Enterprises, Inc. 2. The Contractor's insurance coverage shall be primary as respects the City, its officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, agents, employees, and volunteers shall be excess of Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, agents, employees, and volunteers. 4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Contractor shall be required to name the City, its officials, agents, employees, and volunteers as additional insureds. 6. All general liability coverages shall be provided on an occurrence policy form. Claims-made general liability policies will not be accepted. B. All Coverages Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage, or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. V. Acceptability Of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A-, VII, and licensed to do business in the State of Illinois. VI. Verification Of Coverage Contractor shall furnish the City with certificates of insurance naming the City, its officials, agents, employees, volunteers and Engineering Enterprises, Inc. as additional insureds, and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before any work commences. Other additional insured endorsements may be utilized, if they provide a scope of coverage at least as broad as the coverage stated in paragraph 10, such as ISO Additional Insured Endorsements CG 2026 or CG 2010. The City reserves the right to request full certified copies of the insurance policies and endorsements. VII. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. VIII. Assumption Of Liability The contractor assumes liability for all injury to or death of any person or persons including employees of the contractor, any subcontractor, any supplier, or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to this agreement. IX. Indemnity/Hold Harmless Provision To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify, and hold harmless the City, its officials, agents, and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost, and expenses, which may in anywise accrue against the City, its officials, agents, and employees, arising in whole or in part or in consequence of the performance of this work by the Contractor, its employees, or subcontractors, or which may anywise result therefore, except that arising out of the sole legal cause of the City, its agents, or employees, the Contractor shall, at its own expense, appear, defend, and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the City, its officials, agents, and employees, in any such action, the Contractor shall, at its own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the City, its officials, agents, and employees as herein provided. X. Additional Insured Endorsement The "WHO IS AN INSURED" section of the policy/coverage document shall be amended to include as an insured, the City, but only with respect to liability arising out of your work. For purpose of this endorsement, "arising out of your work" shall mean: (1) Liability the Additional Insured may incur resulting from the actions of a contractor it hires, (2) Liability the Additional Insured may incur for negligence in the supervision of the Named Insured Contractors work, (3) Liability the Additional Insured may incur for failure to maintain safe worksite conditions, and (4) Liability the Additional Insured may incur due to joint negligence of the Named Insured Contractor and the Additional Insured. GENERAL SPECIAL PROVISIONS XI. Location of improvements The Public Works Materials Storage Shed will be located at 610 Tower Lane, United City of Yorkville, Kendall County, Illinois. The project limits are defined in the plans. XII. Description of improvements This project consists of completing improvements in accordance with the United City of Yorkville Public Works Storage Facility Plans and all applicable specifications. These improvements include but are not limited to pavement and concrete slab removal, installation of new concrete pavement, concrete footings, concrete walls, construction of a 30’x80’, 5-bay wood-frame and metal-sided material storage building and other ancillary work necessary to complete this contract. XIII. Subcontractor approval Prior to awarding the contract to the lowest qualified bidder, the selected general contractor must submit a list of all subcontractors and material suppliers for approval by the City. The City reserves the right to reject any subcontractor or material supplier for any reason. This same requirement applies to any subcontractor or material supplier being substituted for another after construction has started. XIV. Construction observation Prior to the installation of any material, construction observation and any required testing shall be coordinated with Engineering Enterprises, Inc. (EEI). The Engineer will require a minimum of 48 hours notice prior to the scheduling of any such work items and a minimum of 24 hours notice prior to the cancellation of any proposed work items that have been scheduled for observation. The contact for EEI shall be provided at the pre-construction conference. XV. Control of work and prosecution and progress It is the intent of the United City of Yorkville that the project be constructed in an orderly and timely manner. The Contractor shall take special note of the provisions of Article 105.05, Article 108.01 and Article 108.02 of the Standard Specifications, which shall be adhered to. The work on this project shall be completed by November 1, 2019. No extensions will be permitted in accordance with Article 108.08(b) of the “Standard Specifications for Road and Bridge Construction”, adopted April 1, 2016. Should the Contractor fail to complete the work by November 1, 2019, he/she will be held liable to the United City of Yorkville pursuant to amounts specified in the Supplemental Specification for Section 108 “Prosecution and Progress.” XVI. Pre-bid site visit All bidders are encouraged to visit the site prior to preparation of bid. Submission of the bid is acknowledgement that the Bidder is aware of and accepting of existing conditions prior to the installation of the improvements. XVII. Pre-construction conference Following the award of the Contract, the Contractor will be required to attend a Preconstruction Conference prior to beginning work. At that time, the Contractor will be required to furnish as a minimum, but not limited to: Written progress schedule, Names of Project Manager and Field Superintendent, names of Sub Contractors and material suppliers, name of person responsible for traffic control installation and maintenance, and name of the contact person and emergency phone numbers of the Contractor’s representative for contact after construction hours. A Preconstruction Conference Notice will be sent to the Contractor to notify him/her of the complete listing of items to be furnished at the meeting, as well as the time and location of the meeting and the required personnel. XVIII. Construction debris The following shall be added to the third paragraph of Article 202.03 of the Standard Specifications: “The Contractor shall not conduct any generation, transportation, or recycling of construction or demolition debris, clean or general or uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities structures, and roads that is not commingled with any waste, without the maintenance of documentation identifying the hauler, generator, place of origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner, and operator of the facility where the debris or soil was transferred, disposed, recycled, or treated. This documentation must be maintained by the Contractor for 3 years.” XIX. Construction restrictions All engines and engine driven equipment used in relation to this project shall be equipped with an adequate muffler in constant operation and properly maintained to prevent excessive noise. Construction shall not be permitted between the hours of 8:00 p.m. to 7:00 a.m. during standard weekdays (excluding holidays). These hours shall be amended to 5:00 p.m. to 7:00 a.m. on Saturdays and no work on Sundays or Holidays. Any requested variations to these hours shall be approved by the City in writing, in advance of any operations outside of the hours detailed above. XX. Uncontaminated soil disposal Any excavated material that meets the requirements of disposal at a CCDD facility and not needed for backfill or embankment shall be removed and disposed of off the site at a location or locations provided by the Contractor. The cost of removal, transportation and disposal of the excavated material (“uncontaminated soil”) is considered incidental to the pay item requiring excavation. A signed LPC-663 form with supporting documentation is attached. Any additional testing or documentation beyond what is provided with the LPC-663 and preliminary analysis that is necessary to dispose of the material shall be the Contractor’s responsibility. The LPC-663 was completed in 2015 and attached to the form is a cover letter stating that there have been no changes to the site since the original LPC-663 form was completed. Fox Ridge Stone in Oswego, IL has indicated that they will accept the material based on this documentation. If the Contractor chooses to dispose of the material at a permitted CCDD facility, the Contractor shall coordinate with said facility or facilities prior to bidding to determine if the information provided with the LPC-663 is adequate. The Engineer should be informed immediately of any deficiencies. XXI. Location of existing utilities Existing public and private utilities are shown on the plans according to information obtained from utility companies, municipalities, and surveys. The Contractor shall familiarize himself/herself with the location of all utilities and structures that may be found in the vicinity of the construction and assume responsibility for all utilities whether shown or not and must realize that the actual locations and/or elevations of the utilities may be different than indicated. It is understood and agreed that the Contractor has considered in his/her bid all of the permanent and temporary utility appurtenances in their present or relocated positions and that no additional compensation will be allowed for any delays, inconvenience or damage. It is also suggested that the Contractor call the concerned utility companies for further information. Contractor shall bring to the attention of the Engineer any potential conflicts after receiving all necessary JULIE information. In areas where JULIE locates reveal potential conflicts, the Contractor shall field verify the depth of these utility crossings. In any such area, the Engineer will verify if potential adjustments to the proposed utility installations will be required. All overhead utilities and associated poles shall be temporarily supported when working nearby. Should any damages occur due to the Contractor’s negligence, repairs shall be made by the Contractor at his/her expense in a manner acceptable to the Engineer. XXII. Protection of existing drainage facilities During construction, if the contractor encounters or otherwise becomes aware of any sewer, underdrains or field drains within the right-of-way other than those shown on the plans; he shall so inform the Engineer. The Engineer shall direct the work necessary to maintain or to replace the facilities in service and to protect them from damage during construction if to be maintained. Existing facilities to be maintained that are damaged because of non-compliance with this provision shall be replaced at the Contractor’s own expense. XXIII. Cooperation between contractors Other contracts and/or contractors may simultaneously be in process and working within or adjacent to the subject project improvement site limits and the Contractor shall take special note of the applicable provisions of Section 105 and of particular, Article 105.08 of the Standard Specifications which shall be adhered to. XXIV. Incidental work All work shown on the Plans, described in the applicable specifications or in these Special Provisions and not covered by a pay item, will be considered as included in the cost of the Contract. XXV. Notification to utilities The Contractor shall notify all utility companies including the local electrical, telephone, gas and the United City of Yorkville, a minimum of 72 hours prior to beginning any construction. The Contractor shall then have the responsibility to determine from the public utility companies the locations of underground pipes, conduits or cables adjoining or crossing the construction area. XXVI. Keeping roads open to traffic All roads shall remain open during construction. All work associated with this shall be included in the cost of the Contract. XXVII. Maintenance of roadways, drives and parking areas The Contractor shall be responsible for repair of any damage to existing roadways, drives and parking areas within the project limits. There will be no additional payment for any repairs necessary due to the Contractor’s operations. XXVIII. Working environment It is the sole responsibility of the Contractor, not the Owner or Owner’s representative, to ensure a safe working environment and to comply with all applicable OSHA, or other, safety requirements. XXIX. Mobilization This contract contains no provisions for mobilization. Therefore, article 671 of the Standard Specifications is deleted. XXX. Construction staking and marking Construction staking and marking, establishing the location, alignment, elevation and grade of the work, shall conform to article 105.09 of the Standard Specifications. Requests for control information must be made 72 hours prior to the date needed. Construction staking will be discussed at the preconstruction meeting prior to commencement of work, at which meeting the proper contact information will be provided. The costs for construction staking are the responsibility of the Contractor. This will not be paid for separately but shall be considered incidental to the cost of the project. This special provision shall take precedence over any other references to construction layout in the plans or specifications. XXXI. Submittals Shop drawings, cut sheets and or mix designs shall be submitted for the following items: • Concrete Mix Design • Quality Control Plan • Pre-Engineered Post Frame Building System XXXII. Retention Ten percent (10%) retention will be held on the project until all construction items have been satisfactorily completed. Retention will be reduced to 0% once all punch list items are completed (as determined by the City Engineer). XXXIII. Pay item special provisions A. Concrete Slab and Pavement Removal This work shall consist of saw cutting, removing and off-site disposal of the existing concrete slab or hot-mix asphalt pavement as required for the construction of the proposed material storage shed. This work shall also consist of excavation of any material measured down to a depth of 10 inches below the proposed concrete slab finished grade, per the grades indicated on the drawings. The excavated material is to be disposed of off-site. Once subgrade is achieved the subgrade shall be proof rolled prior to aggregate base course installation. This work will be paid for at the contract unit price per square yard for CONCRETE SLAB REMOVAL or PAVEMENT REMOVAL which price shall include the excavation and disposal of material. B. Aggregate Base Course, 4” This work shall consist of furnishing and placing new aggregate base course prior to concrete slab construction operations in the areas designated on the plans and in accordance with Sections 202 and 311 of the Standard Specifications. All aggregate base course placed shall be mechanically compacted in maximum one-foot lifts. This work will be paid for at the contract unit price per square yard for AGGREGATE BASE COURSE, 4” which price shall include the excavation and disposal of any unsuitable material. C. Cast-In-Place Concrete This work shall consist of excavation, furnishing and placing concrete, backfilling and compacting fill material above and adjacent to the footing and concrete walls as shown on the plans and in accordance with the applicable parts of Divisions 400 and 500 of the Standard Specifications, American Concrete Institute (ACI) 318 and ACI 301, latest editions, the “Foundation Plan Sections & Notes” detail in the plans, and with these Special Provisions. The notes and details in the plans shall supersede any Standards and Provisions referenced herein. A delivery ticket shall be required for each load of concrete delivered to the site and must be presented at the time of the concrete pour. The information recorded on each delivery ticket shall be in accordance with Sections 109 and 1020 of the Standard Specifications. All concrete shall be mixed with Sika Fibermesh 650 synthetic fibers or an approved equal conforming to ASTM C1116 Type III and ACI 318. All exposed areas of concrete shall be treated with W.R. Meadows Pentreat 244-40 Water Repellent Sealer or approved equal. The Contractor shall comply with the requirements of the IDOT Recurring Special Provisions for Check Sheet #24 Special Provision for Quality Control of Concrete Mixtures at the Plant and Check Sheet #25 Special for Quality Control/Quality Assurance of Concrete Mixtures. The excavation, concrete, associated reinforcement, including reinforcement bars and synthetic fibers, sealer and backfill shall not be measured separately but shall be included in the Lump Sum price. This work will be paid for at the contract unit price per Lump Sum for CAST-IN-PLACE CONCRETE which price shall include excavation, furnishing, placing, and reinforcing the concrete and backfilling and compacting the fill material as shown in the plans and on Contractor shop drawings to be submitted to the architect for review prior to fabrication. Any excavated material used on site will not be paid for separately. D. Pre-Engineered Post Frame Building Systems General The metal building systems included in this section were designed around Wick Buildings. If another manufacturer is submitted other than Wick Buildings, Contractor to prepare and submit to the Engineer for approval as part of his bid, a detailed list of all exceptions to the following specifications and engineering plans of the building proposed to be furnished and installed. Such changes, if approved, shall be accomplished at no additional cost to the Owner and time extensions associated with the changes will not be approved by the Engineer. The Contractor will reimburse the Owner and Engineer for review or redesign services associated with re-approval. The Contractor shall assume the cost of, and responsibility for, satisfactorily accomplishing the necessary changes corresponding to the dimensions and characteristics of the building submitted by the Contractor and approved by the Engineer. 1. This Section Includes the following: A. Factory fabricated Pre-Engineered wall column. B. Factory fabricated Pre-Engineered roof rafters. C. Factory fabricated Pre-Engineered siding panels and metal roofing. D. Factory fabricated Pre-Engineered building system accessories including, but not limited to, doors and windows. E. Prefinished metal trim items. F. Prefinished ridge vents and soffits. G. Prefinished gutter and downspouts. 2. Reference Standards: A. Preservative Treated Lumber i. American Wood Preservers Association (AWPA) ii. Treated item shall comply with AWPA standard C15 minimum. iii. Treated items shall bear the quality mark with appropriate specification information, along with and stamped by the participating mill or agency involved. B. Framing Lumber i. Lumber grading rules and wood species a. National Design Specifications for Wood Construction, current edition. b. Northeastern Lumber Manufacturer’s Association, Inc. (NELMA). c. Southern Pine Inspection Bureau (SPIB): Southern Pine. d. West Coast Lumber Inspection Bureau (WCLIB): Douglas Fir. e. Western Wood Products Association (WWPA): Douglas Fir and Ponderosa Pine. C. Wood LVL Rafters i. Contractor must submit manufacturer’s descriptive literature indicating material composition, thickness, dimensions, loading and fabrication details. ii. LVL rafters shall be qualified to ASTM D5456 by APA -The Engineered Wood Association. iii. LVL rafters shall be pressure bonded, lap-jointed wood veneers, with grain of veneers running parallel in the long direction. iv. LVL rafters shall be designed by the contractor or manufacturer in accordance with the applicable building codes. All rafter designs must be accompanied by complete and accurate shop drawings and contain the following information: a. Slope or depth, span and spacing of the rafter. b. Heel bearing height. c. Design loading. d. Adjustments to lumber and fastener design values for conditions of use. e. Fastener type, thickness of gauge, and size. f. Lumber size, species and grade for each member. 3. System Description: A. Clear span frame – coordinate with drawings. B. Primary framing – wood roof rafters and columns. C. Secondary framing – purlins, girts, bracing and other items as required. D. Wall and roof systems – preformed metal panels. 4. Design Requirements: A. Coordinate building loads. Refer to design load tables on plans. B. Building Code: IBC, International Building Code C. Including unbalanced roof loads required by the most current version of ASCE-7 5. Submittals: A. Supply four (4) sets of the following bearing a Professional Engineering Seal registered in the State of Illinois: i. Complete detailed shop and erection drawings indicating size and location of each building component and part. Certify that specified roof and wind load requirements are met. ii. Rafter engineering calculations and design calculation should include the following: a. Bending moments and axial forces for each member. b. Basic plate design values. c. Design analysis for each joint indicating that proper plates have been used. d. Successful bidder shall provide written proof of a third-party inspection program in force for the rafter manufacturer used on project. iii. Standard color chart supplied by Manufacturer for the owner/engineer to choose from. iv. Brochures/details/samples of specialty accessory products used or specified on this project. 6. Quality Assurance: A. Building package by a Pre -engineered building Manufacturer with 50 years of doing business. B. Building Manufacturer must own manufacturing facilities. C. Exterior fastened steel panel shall be roll-formed in Manufacturer’s manufacturing facility. D. Columns shall be factory fabricated by Manufacturer, in their manufacturing facility. They shall not be manufactured or assembled on-site. E. Rafters shall be factory fabricated by Manufacturer, not the contractor. F. Building package shall be supplied by a pre-engineered building Manufacturer, with fully staffed engineering department. All structural components shall be supplied by a source with one warranty. G. All building packages shall be delivered by the Manufacturer’s trucks and personnel. H. Package (shell) erection shall be supervised by Manufacturer’s representative builder or Manufacturer employed field superintendent. 7. Qualifications: A. Structural components shall be designed under direct supervision of a Professional Engineer employed by the Manufacturer. B. An adequate number of skilled work people shall be employed who are thoroughly trained and experienced in the necessary skills. They will be completely familiar with the specified requirements and methods for proper performance of work. 8. Regulatory Requirements: A. All applicable building codes and/or ordinances covering this work shall be the responsibility of the contractor. B. Work together with regulatory agencies or authorities to provide data as requested. C. Panels shall not be stored such that they are in contact with any other material that could create staining or discoloration. 9. Environmental Requirements: A. Material packaging for minimum natural resource waste on project. B. Building delivery package materials must be reused in the building system, i.e., metal panel cribbing 2x’s used as part of secondary framing systems (nonstructural.) 10. Delivery, Storage and Handling: A. Prefabricated components, i.e., rafters, columns, steel sheathing and other items, shall be delivered and stored so they will not be damaged or deformed. B. Roofing and siding panels will be stored so water will drain freely. C. Panels shall not be stored such that they are in contact with any other material that could create staining or discoloration. 11. Warranty: Contractor to warrant to the original owner, commencing on the date of its substantial completion and subject to limitations, exclusions and conditions set forth herein, as follows: FOR FIFTY (50) YEARS Free of Charge, Contractor will replace or repair, at its option, treated structural posts that fail because of insect damage or because of decay that occurs under normal conditions and proper use. FOR FORTY (40) YEARS Free of Charge, Contractor will replace or refinish, at its option, painted steel roofing or siding panels if the paint peels, cracks, checks, flakes, or blisters to an extent that is apparent by ordinary outdoor visual observation when exposed to normal weather and atmospheric conditions. Damage or loss resulting from exposure to atmospheric pollutants, including but not limited to animal waste or other corrosive conditions, is excluded under this warranty. FOR THIRTY (30) YEARS Free of Charge, Contractor will replace or refinish, at its option, painted steel roofing or siding panels should the color change or chalk more than the specifications shown in the following table: Vertical Installation Non-Vertical Installation Chalk (ASTM D-4214) 8 6 Color Change (ASTM D-2244) 5 7 FOR TWENTY (20) YEARS Free of Charge, Contractor will replace or repair, at its option, acrylic coated Galvalume® steel roofing or siding panels should they rupture, perforate, or fail structurally when exposed to normal weather and atmospheric conditions. Damage or loss resulting from exposure to atmospheric pollutants, including but not limited to animal waste or other corrosive conditions, is excluded under this warranty. FOR SEVEN (7) YEARS Free of Charge, Contractor will repair leaks in steel roofing panels that result from defects in material or workmanship except those leaks occurring where the building is connected to an adjacent structure. FOR FIVE (5) YEARS Free of Charge, Contractor will replace or repair, at its option, those portions of the structural framework, including roofing and siding panels, damaged by wind or snow loads that do not exceed design specifications. Free of Charge, Contractor will replace or repair, at its option, sliding doors damaged by wind or snow so long as the door is in a locked-open or locked-closed position when the damage occurs. Free of Charge, Contractor will replace or repair, at its option, painted steel or acrylic coated steel roofing or siding panels perforated by hail. FOR ONE (1) YEAR Free of Charge, Contractor will repair any other defects in materials or workmanship. Products 12. Building System Manufacturers: A. Wick Buildings, 800-356-9682 WickBuildings.com i. Mazomanie, Wisconsin B. Other Systems – Pre-approved Acceptable: i. Approved equals meeting specification requirement sections 2,6,9,11,13 and 14. ii. Must be approved 7 days prior to submission of the bid. a. Lester b. Morton 13. Materials – Framing: A. Sill Plate i. 2”x8” #1 or better Southern Yellow Pine (SYP). ii. This member shall be pressure treated with a wood preservative to a net retention as specified by the American Wood Preservers Association (AWPA) for ground contact conditions. Treatment shall be Osmose MicroPro copper Azol (MCA) with 15 pounds of preservative per cubic foot of wood. Member shall be Kiln dried to a maximum of 19% moisture content. The preservative shall penetrate 100% of the sapwood. B. Columns i. Full Length Laminated Column Factory fabricated from minimum 3 ply 2”x6” 2400 MSR Southern Yellow Pine (SYP). Columns shall be full-length (unspliced) nail laminated plys up through 20’ with middle ply to have short truss support block. Columns over 20’ length shall be spliced (a minimum of 3’ length) with reinforced metal truss plates pressed in place over splice on the outside laminate. Refer to Section B, Reference Standards / 3. Wood rafters / letter c. referencing LVL construction. a. Columns shall be pressure treated. This is in accordance with the “American Wood Preserves Association“(AWPA) standards latest edition, with a wood preservative to a net retention of .60 pounds per cubic foot of CCA Type – C formulation. C. Wood Rafters i. Rafters shall be constructed of surfaced lumber, smooth and free of all cracks and checks. ii. Plates: Connector plates shall be fabricated from ASTM A 653 SS, 20-gauge Grade 40, or 18-gauge, Grade 80, steel sheets galvanized with G-60 coating. iii. Design and fabricate rafters and connections to withstand designated snow and wind loads and all dead loads. iv. Fabricate rafters in plant, using mechanical or hydraulic fixtures as required to bring members into contact. Install plates in accordance with Manufacturer’s instruction. D. Baseboards i. 2”x8” #1 or better Southern Yellow Pine (SYP). ii. This member shall be pressure treated with a wood preservative to a net retention as specified by the American Wood Preservers Association (AWPA) for ground contact conditions. Treatment shall be Osmose MicroPro copper Azol (MCA) with 15 pounds of preservative per cubic foot of wood. Member shall be Kiln dried to a maximum of 19% moisture content. The preservative shall penetrate 100% of the sapwood. iii. This treated member shall be attached to columns with a minimum of 3 hot dipped galvanized nails (ASTM A153). E. Wall Girts i. 2”x6” 1650 MSR Spruce Pine Fir (SPF) as required by design at appropriate spacings. F. Purlins and Truss Ties i. 2”x4” 1650 MSR or better Spruce Pine Fir (SPF) as required by design dependent upon roof loading specification. G. Wind Bracing i. Provide “T’d” 2”x6”/2”x4” 1650 MSR or better Spruce Pine Fir (SPF) from endwall column to first rafter back. ii. Provide 2”x4” 1650 MSR diagonal in roofline bracing as required by design. H. Framing Around Openings i. Provide 2”x6”/2”x4” 1650 MSR or better Spruce Pine Fir (SPF) around personnel doors and windows. ii. Provide 2”x6”/2”x4” 1650 MSR or better Spruce Pine Fir (SPF) around overhead door openings. I. Headers i. Provide built-up Machine Stress Rated (MSR) or better wood headers per building manufacturer as required to meet proper loading. J. Incidental framing i. Provide 1650 MSR or better 2”x4” Spruce Pine Fir (SPF). K. Bent Anchor Bolts: ASTM F 1554, Grade 36. i. Nuts: ASTM A 563 heavy hex carbon steel. ii. Washers: ASTM F 436 hardened carbon steel. iii. Finish: Hot-dip zinc coating, ASTM A 153/A 153M, Class C. L. Column Anchor. i. The building manufacturer will provide the bolt and bracket design for anchoring their building to the columns. The building manufacturer will supply stamped engineering to support their calculation for bolts and brackets. 14. Materials – Prefinished Materials: A. Roofing Panel Options i. Exposed Fastened Steel Panels a. All roofing panels shall be 29-gauge (.015 minimum thickness) steel with a G- 90 galvanized zinc coating. Panels shall be a minimum structural strength ASTM A446 grade E, 82,000 PSI tensile strength. All panels shall include a zinc phosphate pre-treatment, and then covered with a total of 1.5 mil thick paint system. Paint system shall consist of a corrosion-resistant prime coat and an architectural finish coat of Ceram-A-Star 1050. b. All metal roof shall be fastened with minimum of 1” color-matched EPDM washered #9 screw fasteners placed in the flat of the steel next to all major ribs along every row of girts and purlins. All fasteners shall be color-matched to wall and roof panels and trim. B. Sidewall Siding i. Exposed Fastened Steel Panels a. All siding panels shall be 29-gauge (.015 minimum thickness) steel with a G- 90 galvanized zinc coating. Panels shall be a minimum structural strength ASTM A446 grade E, 82,000 PSI tensile strength. All panels shall include a zinc phosphate pre-treatment, and then covered with a total of 1.5 mil thick paint system. Paint system shall consist of a corrosion-resistant prime coat and an architectural finish coat of Ceram-A-Star1050. b. All metal sidewall panels shall be fastened with minimum of 1” color-matched EPDM washered #9 screw fasteners placed in the flat of the steel next to all major ribs along every row of girts and purlins. All fasteners shall be color- matched to wall and roof panels and trim. C. Metal Trim Items i. Trim: Roofing and siding panels shall be trimmed using painted trim with the same paint product specifications as the roofing and siding panels. Standard trim to be placed at all corners, ridge line, rake (intersection of roof and endwall), eave (intersection of roof and sidewall) and base (bottom of sidewall and endwall steel.) All standard trims, overhang fascias, track covers, slide door jambs and trims to be available in building panel covers. Overhead door trims and slide door jamb trims shall be one piece up to 16’. All other trims shall be a minimum of 12’ in length to eliminate splices. ii. Fasteners: All framing lumber shall be fastened with 10d, 16d and 60d ring shank nails. All machine bolts used shall be a minimum grade 1, A307. All metal roof and sidewall panels shall be fastened with minimum of 1” color-matched EPDM washered #9 screw fasteners placed in the flat of the steel next to all major ribs along every row of girts and purlins. All fasteners shall be color-matched to wall and roof panels and trim. D. Gutter and Downspouts i. If shown and specified on drawings, provide 5” style “K” gutter. Material shall be the same specification as trim. ii. Silicone sealant shall be used at laps to maintain leak prevention and to relieve stress due to thermal movement. iii. Provide 3”x4” downspouts with appropriate elbows and connector bands. iv. Gutter shall be attached with screw fasteners and internal brackets of a maximum of 3’ on center. Exposed nail heads are unacceptable. 15. Materials – Other: A. Closure Strips i. Closed cell foam premolded to match configuration of panels. B. Sealant i. Silicone sealant shall be used. Execution 16. Examination: A. Verify that site conditions meet Manufacturer’s requirements and design requirements for this region. i. Verify that mechanical and electrical utilities are in correct position. 17. Erection – Framing – General: A. Erect framing in accordance with Manufacturer’s established construction procedures. B. Make all components and building plumb, square, straight and true to lines. C. Provide adequate temporary bracing to assure structure remains plumb and square. D. Altering of structural members will not be permitted. 18. Erection Framing: A. Columns i. Position column over fastener on top of the concrete wall in accordance with the building manufactured recommendations. B. Baseboards i. Install 2”x8” treated plank, at grade, using Manufacturer recommended fasteners. C. Wall Girts i. Install 2”x6” girts at centers called for on plan. ii. Install 2”x6” overhang nailer, if required, at the top. D. Rafters i. Set rafters in place in the center member of the column using lifting methods as approved by the Manufacturer and use hangers as accessories as recommended by the manufacturer. ii. Brace rafters as recommended by Manufacturer. E. Purlins i. Install 2”x4” purlins at 24” on center and attach to rafters in accordance with rafter manufacturer recommendations. F. Truss Ties i. Install 2”x4” truss ties at location recommended by Manufacturer. ii. Truss ties shall run from endwall to endwall. G. Incidental Framing i. Install 2”x4” or 2”x6” blocking as required according to building Manufacturers recommendations. 19. Erection – Prefinished Metals, General: A. In accordance with Manufacturer’s established construction procedures, install prefinished metal parts. B. All components made to be plumb, square, straight and true to lines. C. Care shall be taken when cutting prefinished materials to ensure cuttings do not remain on finished surface. D. Fasteners shall be properly installed. Do not under- or overdrive. E. Components shall be properly installed to assure freedom from rattles. 20. Erection – Prefinished Metals: A. Roofing Panels. i. Panels shall be installed perpendicular to supports aligned straight with end fascias. ii. Panels shall be fastened to purlins with 1” EPDM washered #9 screw fasteners. B. Siding Panels i. Panels shall be installed perpendicular to supports aligned level and plumb. Attach to wall girts and purlins with 1” EPDM washered #9 screw fasteners. C. Trim Items i. Trim items shall be installed at the base, at any wainscot transition, corners, top of steel siding, fascias, gables and ridge using appropriate 1” screw fasteners. D. Ridges i. Use screw fasteners to install applicable vent option. ii. Insure that the minimum Manufacturer’s clear throat opening is maintained. E. Gutters and Downspouts i. Gutters shall be installed with concealed gutter brackets, with screw fasteners 36” on center. ii. Silicone sealant and silicone rubber gaskets shall be used at laps to maintain leak prevention and to relieve stress due to thermal movement. F. Strips i. Closed cell foam filler strips shall be provided at the top and bottom of the roofing panels. 21. Tolerances/Quality Assurance: A. Framing Members. i. Shall follow and adhere to the NFBA document “Accepted Practices for Post- frame Construction Framing Tolerances.” B. Siding and Roofing i. Shall be installed in their “True Position.” This work will be measured and paid for at the contract price for Lump Sum for PRE- ENGINEERED POST FRAME BUILDING SYSTEMS. No additional compensation will be provided for additional materials required, labor, or warranties listed herein. E. Bollard This work shall consist of installation of bollards at the locations shown on the plans complete in place. This work will be paid for at the contract unit price per each for BOLLARD which price shall include but is not limited to all excavation, concrete base, cement filled steel post, paint, disposal of excess material and all material, equipment and labor necessary to complete this work. F. Restoration The Contractor shall restore all areas disturbed during construction of the improvements or as part of any of his or her activities to a condition equal to or better than the original condition. This work shall include the stripping, stockpiling, and replacement of topsoil as specified on the plans. Topsoil shall be defined as friable clay loam surface soil found in a depth of not less than six inches. Satisfactory topsoil is free of subsoil, clay lumps, stones and other objects, and without weeds, roots and other objectionable material. Topsoil stripping and stockpiling shall be completed as follows: 1. Strip topsoil to whatever depths encountered in a manner to prevent intermingling with underlying subsoil or other objectionable material. a. Remove heavy growths of grass from areas before stripping. b. Where existing trees are indicated to remain, leave existing topsoil in place within drip lines to prevent damage to root system. 2. Stockpile topsoil in temporary construction easement as directed by Engineer. Construct storage piles to provide free drainage of surface water. Cover storage piles, if required, to prevent wind erosion. 3. Topsoil stockpiles are to remain separated from excavated material stockpiles throughout construction. Topsoil replacement shall be completed as follows: 1. Preparation of subsoil a. Prepare sub-soil to eliminate uneven areas and low spots. Maintain lines, levels, profiles and contours. Make changes in grade gradual. Blend slopes into level areas. b. Remove foreign materials, weeds and undesirable plants and their roots. Remove contaminated sub-soil. 2. Placing topsoil a. Spread topsoil to the depth that existed prior to disturbance. Chisel plow to a depth of 18 inches and rake topsoil until smooth. b. Place topsoil during dry weather and on dry unfrozen sub-grade. c. Remove vegetable matter and foreign non-organic material from topsoil while spreading. d. Grade topsoil to eliminate rough, low or soft areas, and to ensure positive drainage. All ditches, parkways, and other grassed areas disturbed during construction shall be restored to their original shape, contour and condition. Seeding, including finish grade preparation of seedbed, fertilizer and planting shall be as set forth in Section 250 of the Standard Specifications. All disturbed areas must be covered with mulch hydraulically per method 3 as described in Section 251 of the Standard Specifications. The seeding mixture used shall be Class 1A (lawn mixture salt tolerant). Topsoil (six-inch (6”) minimum thickness) shall be provided. The Contractor shall be responsible for maintaining all restored areas until such a time as the City accepts these areas. This acceptance will be granted after the Contractor has both fulfilled the minimum required maintenance items and has established a stand of grass (where required) which meets the acceptance standards set forth in these Special Provisions. Acceptance of seeded areas will be determined by inspection by the City and Engineer. In order for an area to be accepted, it shall conform the following: 1. Grass shall display a reasonably uniform distribution of grass plants 2. Grass shall display vigorous growth and be green and healthy in appearance. Areas having bare spots larger than one (1) square foot will not be accepted. In this situation, the bare spots must be re-seeded in accordance with seeding and maintenance specifications. The Contractor shall have a representative on the job at all time when work is being performed. Additional areas damaged by machinery, construction equipment, Contractor negligence or over- excavation beyond the limits shown on the plans shall be repaired in accordance with this Special Provision, at the Contractor’s expense. Unless otherwise listed for payment separately, all work under the general heading RESTORATION will be paid for at the contract unit price per square yard for which price shall be payment in full for restoring the areas disturbed. G. Water Required for Restoration Water necessary for the restoration of the disturbed areas will be provided by the City free of charge. Water can be obtained at 610 Tower Lane. H. Erosion Control Erosion control measures shall be required as stated on the Plans or as deemed necessary by the Engineer and shall be in compliance with the most recent revisions to the Illinois Urban Manual. It should be noted that inlet protection is required at all open grate inlets tributary to disturbed areas and shall be periodically monitored for silt build up and should be emptied once the baskets are over half full. All areas disturbed during construction shall be seeded as soon as possible after final grading. The Contractor will be responsible for cleaning the pavement, drainage structures, swales, storm sewers and culverts prior to final acceptance and at such times during construction as necessary to maintain drainage and protect adjacent property. All costs related to erosion control not paid for separately shall be incidental to the contract. I. Non-Special, Non-Hazardous Soil Waste Disposal – Type 1 Any excess excavated material that does not meet the requirements for disposal at a CCDD facility and not needed for backfill or embankment shall be removed and disposed of at a permitted receiving facility (i.e. landfill) provided by the Contractor or other approved location. The cost of removal, transportation and disposal of the non-special, non-hazardous soil will be paid for at the contract unit price per ton for NONSPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL – TYPE 1. Documentation from the permitted receiving facility indicating date, time, weight, driver, truck number, etc. shall be provided to the Engineer as requirement for payment for this work item. Based on the information provided in the LPC-663, it is not anticipated that any contaminated material will be encountered; however, if any material is rejected from the CCDD facility it shall be brought back to the site or other location as determined by the Engineer. At that time, the Engineer will determine the level of testing required for necessary disposal of NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL – TYPE 1. All testing shall be paid for by the United City of Yorkville. Any cost to the contractor for additional hauling, dumping, airing out soil, reloading, etc. shall be considered in the unit price per ton for NON-SPECIAL, NON-HAZARDOUS SOIL WASTE DISPOSAL – TYPE 1. J. Allowance When additional work not indicated in the contract drawing is requested in writing by the Engineer during construction, this additional work shall be measured and paid for as described in Articles 104.02 and 109.04 of the Standard Specifications. Payment for all additional work shall be made from the ALLOWANCE - ITEMS ORDERED BY THE ENGINEER pay item which shall be measured in units. A unit shall be valued at one dollar. FY 2019 Unaudited FY 2020 FY 2020 FY 2017 FY 2018 Adopted FY 2019 Adopted Amended Actual Actual Budget Actual Budget Budget Revenue Taxes 10,736,464 10,962,693 11,014,213 11,232,397 11,388,715 11,388,715 Intergovernmental 2,235,395 2,296,435 2,512,487 2,725,393 2,703,232 2,703,232 Licenses & Permits 315,862 364,499 336,000 552,416 413,500 413,500 Fines & Forfeits 140,250 123,617 130,400 100,726 125,400 125,400 Charges for Service 1,465,678 1,508,994 1,535,112 1,598,662 1,616,211 1,616,211 Investment Earnings 21,197 49,018 20,000 90,321 80,000 80,000 Reimbursements 66,449 85,579 55,000 66,824 75,000 75,000 Miscellaneous 19,848 19,243 21,750 25,667 20,000 20,000 Other Financing Sources 9,645 92,125 18,000 29,917 47,180 47,180 Total Revenue 15,010,788 15,502,203 15,642,962 16,422,323 16,469,238 16,469,238 Expenditures Salaries 4,212,964 4,522,164 4,901,639 4,726,744 5,206,755 5,206,755 Benefits 2,635,062 2,905,833 3,056,457 2,901,328 3,273,617 3,273,617 Contractual Services 4,793,382 4,765,498 5,046,691 5,025,825 5,193,468 5,193,468 Supplies 197,932 246,655 346,098 344,700 464,998 464,998 Other Financing Uses 2,649,065 2,779,764 3,044,911 3,040,283 2,330,400 2,580,400 Total Expenditures 14,488,405 15,219,914 16,395,796 16,038,880 16,469,238 16,719,238 Surplus (Deficit)522,383 282,289 (752,834)383,443 -(250,000) Ending Fund Balance 6,214,089 6,496,373 5,468,778 6,879,816 6,496,572 6,629,816 42.9%42.7%33.4%42.9%39.4%39.7% GENERAL FUND (01) The General Fund is the City’s primary operating fund. It accounts for major tax revenue used to support administrative and public safety functions. $0 $2,000 $4,000 $6,000 $8,000 ThousandsFund Balance 1 FY 2019 Unaudited FY 2020 FY 2020 FY 2017 FY 2018 Adopted FY 2019 Adopted Amended Actual Actual Budget Actual Budget Budget Expenditures Salaries 800 17,640 500 - 500 500 Benefits 331,679 334,909 375,608 335,729 379,699 379,699 Contractual Services 2,770,751 2,925,753 2,945,232 2,953,274 3,079,351 3,079,351 Supplies 11,106 14,929 15,000 2,809 15,000 15,000 Other Financing Uses 2,649,065 2,779,764 3,044,911 3,040,283 2,330,400 2,580,400 Total Administrative Services Department 5,763,401 6,072,995 6,381,251 6,332,095 5,804,950 6,054,950 ADMINISTRATIVE SERVICES DEPARTMENT The Administrative Services Department accounts for General Fund expenditures that are shared by all departments and cannot be easily classified in one department. $5,400 $5,500 $5,600 $5,700 $5,800 $5,900 $6,000 $6,100 $6,200 $6,300 $6,400 $6,500 Thousands2 640 FY 2019 Unaudited FY 2020 FY 2020 FY 2017 FY 2018 Adopted FY 2019 Adopted Amended Account Actual Actual Budget Actual Budget Budget 01-640-50-00-5016 SALARIES - SPECIAL CENSUS - 16,740 - - - - 01-640-50-00-5092 POLICE SPECIAL DETAIL WAGES 800 900 500 - 500 500 01-640-52-00-5214 FICA CONTRIBUTION-SPECIAL CENSUS - 1,281 - - - - 01-640-52-00-5230 UNEMPLOYMENT INSURANCE 11,298 6,402 20,000 16,317 15,000 15,000 01-640-52-00-5231 LIABILITY INSURANCE 286,792 294,582 313,712 298,408 316,374 316,374 01-640-52-00-5240 RETIREES - GROUP HEALTH INSURANCE 33,255 31,857 41,367 20,877 47,796 47,796 01-640-52-00-5241 RETIREES - DENTAL INSURANCE 260 554 449 86 449 449 01-640-52-00-5242 RETIREES - VISION INSURANCE 74 233 80 41 80 80 01-640-54-00-5418 PURCHASING SERVICES 5,187 54,535 53,419 42,953 50,465 50,465 01-640-54-00-5423 IDOR ADMINISTRATION FEE - 51,945 57,357 45,372 44,689 44,689 01-640-54-00-5427 GC HOUSING RENTAL ASSISTANCE - 1,034 12,000 6,555 7,800 7,800 01-640-54-00-5428 UTILITY TAX REBATE - 14,375 14,375 3,305 14,375 14,375 01-640-54-00-5432 FACILITY MANAGEMENT SERVICES - 1,072 50,000 53,471 57,425 57,425 01-640-54-00-5439 AMUSEMENT TAX REBATE 61,613 47,723 60,000 44,548 60,000 60,000 01-640-54-00-5449 KENCOM 74,842 119,698 110,958 106,287 126,109 126,109 01-640-54-00-5450 INFORMATION TECHNOLOGY SERVICES 117,691 203,809 136,000 203,631 225,000 225,000 01-640-54-00-5456 CORPORATE COUNSEL 102,825 99,701 110,000 134,248 115,000 115,000 01-640-54-00-5461 LITIGATION COUNSEL 211,454 188,411 120,000 78,469 120,000 120,000 01-640-54-00-5462 PROFESSIONAL SERVICES - - - 21,042 27,000 27,000 01-640-54-00-5463 SPECIAL COUNSEL 4,815 9,511 20,000 55,901 25,000 25,000 01-640-54-00-5465 ENGINEERING SERVICES 350,899 379,663 390,000 385,933 390,000 390,000 01-640-54-00-5473 KENDALL AREA TRANSIT 23,550 23,550 25,000 23,550 25,000 25,000 01-640-54-00-5475 CABLE CONSORTIUM FEE 92,765 96,010 92,000 101,403 96,000 96,000 01-640-54-00-5478 SPECIAL CENSUS 108,093 3,349 - - - - 01-640-54-00-5481 HOTEL TAX REBATE 65,166 71,642 72,000 69,807 72,000 72,000 01-640-54-00-5486 ECONOMIC DEVELOPMENT 160,359 145,989 145,000 161,950 146,000 146,000 01-640-54-00-5491 CITY PROPERTY TAX REBATE 1,286 1,233 1,500 1,233 1,500 1,500 01-640-54-00-5492 SALES TAX REBATE 879,408 879,122 928,303 862,920 912,900 912,900 01-640-54-00-5493 BUSINESS DISTRICT REBATE 387,157 401,611 425,320 402,177 421,088 421,088 01-640-54-00-5494 ADMISSIONS TAX REBATE 122,007 130,766 120,000 148,133 140,000 140,000 01-640-54-00-5499 BAD DEBT 1,634 1,004 2,000 386 2,000 2,000 01-640-56-00-5625 REIMBURSABLE REPAIRS 11,106 14,929 15,000 2,809 15,000 15,000 $3,079,351 $15,000 $15,000 $2,945,232 $2,953,274 $2,809$11,106 $500 $379,699 $0$500 $335,729$375,608 $14,929Total: ADMINISTRATIVE SERVICES DEPARTMENT Description Benefits $17,640 Salaries Total:Salaries $800 Supplies Total:Contractual Services $2,770,751 $2,925,753 United City of Yorkville General Fund $500 $379,699 $3,079,351 $15,000Supplies Total:Benefits $331,679 $334,909 Contractual Services 3 640 FY 2019 Unaudited FY 2020 FY 2020 FY 2017 FY 2018 Adopted FY 2019 Adopted Amended Account Actual Actual Budget Actual Budget Budget ADMINISTRATIVE SERVICES DEPARTMENT Description United City of Yorkville General Fund 01-640-99-00-9915 TRANSFER TO MOTOR FUEL TAX 33,750 268 - - - - 01-640-99-00-9923 TRANSFER TO CITY-WIDE CAPITAL 71,602 - 569,725 569,725 - 250,000 01-640-99-00-9942 TRANSFER TO DEBT SERVICE 266,979 309,972 318,725 315,781 319,379 319,379 01-640-99-00-9952 TRANSFER TO SEWER 1,134,052 1,137,166 856,583 856,583 575,030 575,030 01-640-99-00-9979 TRANSFER TO PARK & RECREATION 1,118,638 1,308,583 1,274,699 1,274,699 1,410,988 1,410,988 01-640-99-00-9982 TRANSFER TO LIBRARY OPERATIONS 24,044 23,775 25,179 23,495 25,003 25,003 $3,040,283 Total: ADMINISTRATIVE SERVICES $2,330,400 $5,804,950$5,763,401 $6,072,995 $6,381,251 $3,044,911$2,649,065 $2,779,764Total:Other Financing Uses $6,054,950 $2,580,400 $6,332,095 Other Financing Uses 4 FY 2019 Unaudited FY 2020 FY 2020 FY 2017 FY 2018 Adopted FY 2019 Adopted Amended Actual Actual Budget Actual Budget Budget Revenue Intergovernmental 534,354 206,028 - 32,878 - - Licenses & Permits 196,003 448,616 91,500 300,743 152,180 152,180 Charges for Service 718,872 731,535 730,000 752,262 746,500 746,500 Investment Earnings 3,703 21,033 1,000 34,012 7,500 7,500 Reimbursements 199,851 373,768 1,109,077 1,169,174 3,013,849 3,013,849 Miscellaneous - - 2,000 - 2,000 2,000 Other Financing Sources 73,502 1,018,308 569,725 569,725 - 250,000 Total Revenue 1,726,285 2,799,288 2,503,302 2,858,794 3,922,029 4,172,029 Expenditures Contractual Services 116,729 340,339 228,675 155,621 391,795 391,795 Supplies 27,847 17,997 25,000 36,642 25,000 25,000 Capital Outlay 2,816,305 2,846,631 2,197,774 1,923,491 3,657,339 3,907,339 Debt Service 404,138 403,588 407,563 407,563 322,188 322,188 Other Financing Uses 9,645 157,366 82,866 94,947 152,086 152,086 Total Expenditures 3,374,664 3,765,921 2,941,878 2,618,264 4,548,408 4,798,408 Surplus (Deficit)(1,648,379)(966,633)(438,576)240,530 (626,379)(626,379) Ending Fund Balance 1,355,530 388,897 (30,817)629,427 (71,657)3,048 40.2%10.3%-1.0%24.0%-1.6%0.1% The City-Wide Capital Fund is used to maintain existing and construct new public infrastructure, and to fund other improvements that benefit the public. CITY-WIDE CAPITAL FUND (23) ($1,000) ($500) $0 $500 $1,000 $1,500 Thousands5 23 CITY-WIDE CAPITAL FUND REVENUE FY 2019 Unaudited FY 2020 FY 2020 FY 2017 FY 2018 Adopted FY 2019 Adopted Amended Account Actual Actual Budget Actual Budget Budget Intergovernmental 23-000-41-00-4161 FEDERAL GRANTS - ITEP DOWNTOWN 31,109 540 ---- 23-000-41-00-4169 FEDERAL GRANTS - MILL STREET LAFO 24,606 (1,306) ---- 23-000-41-00-4178 FEDERAL GRANTS - ITEP KENNEDY RD TRAIL 2,475 223,344 - - - - 23-000-41-00-4188 STATE GRANTS - EDP WRIGLEY (RTE 47)476,164 (16,550) - 32,878 - - 23-000-42-00-4210 BUILDING PERMITS 35,365 139,758 - 1,499 - - 23-000-42-00-4214 DEVELOPMENT FEES - CW CAPITAL 1,085 6,929 3,500 5,512 5,000 5,000 23-000-42-00-4216 BUILD PROGRAM PERMITS 61,908 95,804 - 1,815 - - 23-000-42-00-4218 DEVELOPMENT FEES - MUNI BLDG 9,645 92,125 18,000 29,917 47,180 47,180 23-000-42-00-4222 ROAD CONTRIBUTION FEES 88,000 114,000 70,000 262,000 100,000 100,000 23-000-44-00-4440 718,872 731,535 730,000 752,262 746,500 746,500 23-000-45-00-4500 3,703 10,271 1,000 34,012 7,500 7,500 23-000-45-00-4550 GAIN ON INVESTMENT -10,762 ---- 23-000-46-00-4607 REIMB - BLACKBERRY WOODS 131,574 7,797 7,549 4,125 7,549 7,549 23-000-46-00-4608 REIMB - KENNEDY RD IMPROVEMENTS -160,000 ---- 23-000-46-00-4612 REIMB - MILL ROAD IMPROVEMENTS ---195,781 2,926,300 2,926,300 23-000-46-00-4621 REIMB - FOUNTAIN VILLAGE -19,346 256,528 99,284 -- 23-000-46-00-4622 REIMB - WHISPERING MEADOWS -2,762 800,000 797,238 -- 23-000-46-00-4630 REIMB - STAGECOACH CROSSING 63,404 ----- 23-000-46-00-4660 REIMB - PUSH FOR THE PATH 1,413 182,033 29,000 --- 23-000-46-00-4690 3,460 1,830 16,000 72,746 80,000 80,000 23-000-48-00-4845 DONATIONS --2,000 -2,000 2,000 23-000-49-00-4910 1,900 ----- 23-000-49-00-4923 71,602 -569,725 569,725 -250,000 23-000-49-00-4951 SALE OF CAPITAL ASSETS TRANSFER FROM GENERAL TRANSFER FROM WATER -1,018,308 ---- $3,013,849 Miscellaneous REIMB - MISCELLANEOUS $0Miscellaneous Total:Reimbursements $199,851 $373,768 $1,109,077 $1,169,174 $2,000$2,000Total:$0 $0 $0 $730,000 $752,262 $21,033 $731,535 Reimbursements Total: $0 $448,616 $91,500 Total:Investment Earnings $3,703 Investment Earnings INVESTMENT EARNINGS $0 $152,180 Description $32,878 $300,743 $206,028 Licenses & Permits Licenses & Permits $196,003 $534,354Total:Intergovernmental $746,500 $1,000 $34,012 $7,500 $2,503,302 $1,018,308 $569,725 $2,799,288 $569,725 $2,858,794Total: CITY-WIDE CAPITAL REVENUE Other Financing Sources Total:Other Financing Sources $73,502 $1,726,285 $2,000 $250,000 $4,172,029 United City of Yorkville City-Wide Capital Fund $0 $152,180 $746,500 $7,500 $3,013,849 Charges for Service ROAD INFRASTRUCTURE FEE Total:Charges for Service $718,872 $3,922,029 6 216 CITY-WIDE BUILDING & GROUNDS EXPENDITURES FY 2019 Unaudited FY 2020 FY 2020 FY 2017 FY 2018 Adopted FY 2019 Adopted Amended Account Actual Actual Budget Actual Budget Budget 23-216-54-00-5405 BUILD PROGRAM 4,850 9,956 - - - - 23-216-54-00-5446 PROPERTY & BLDG MAINT SERVICES 43,755 193,257 150,000 71,157 225,000 225,000 23-216-54-00-5482 STREET LIGHTING - - - - 102,820 102,820 23-216-56-00-5626 HANGING BASKETS - - 2,000 1,496 2,000 2,000 23-216-56-00-5619 SIGNS - - - - 15,000 15,000 23-216-56-00-5656 PROPERTY & BLDG MAINT SUPPLIES 27,847 17,997 25,000 36,642 25,000 25,000 23-216-60-00-6003 MATERIALS STORAGE BUILDING - - - - - 250,000 23-216-60-00-6013 BEECHER CENTER - - 319,725 320,386 - - 23-216-60-00-6020 BUILDINGS & STRUCTURES - - 40,000 - 41,250 41,250 Other Financing Uses 23-216-99-00-9901 TRANSFER TO GENERAL 9,645 92,125 18,000 29,917 47,180 47,180 $152,000 $72,653 $344,820 Description Contractual Services Total:Contractual Services $48,605 $203,213 $47,180 Total: CW B&G EXPENDITURES $86,097 $313,335 $554,725 $459,598 $458,250 Total:Other Financing Uses $9,645 $92,125 $18,000 $29,917 $36,642 $25,000 Supplies Total:Supplies $27,847 $17,997 $344,820 $25,000 $47,180 $708,250 United City of Yorkville City-Wide Capital Fund Capital Outlay Total:Capital Outlay $0 $0 $359,725 $320,386 $41,250 $291,250 $25,000 7 230 CITY-WIDE CAPITAL EXPENDITURES FY 2019 Unaudited FY 2020 FY 2020 FY 2017 FY 2018 Adopted FY 2019 Adopted Amended Account Actual Actual Budget Actual Budget Budget 23-230-54-00-5405 BUILD PROGRAM 57,058 85,848 - 1,815 - - 23-230-54-00-5462 PROFESSIONAL SERVICES 8,649 5,318 5,000 2,360 5,000 5,000 23-230-54-00-5465 ENGINEERING SERVICES - 35,063 65,000 58,195 - - 23-230-54-00-5497 PROPERTY TAX PAYMENT - 8,054 - 1,239 - - 23-230-54-00-5498 PAYING AGENT FEES 475 475 475 475 475 475 23-230-54-00-5499 BAD DEBT 1,136 1,420 1,200 685 1,500 1,500 23-20-56-00-5632 ASPHALT PATCHING - - - - 35,000 35,000 23-230-56-00-5637 SIDEWALK CONSTRUCTIONS SUPPLIES 806 948 5,000 18,199 5,000 5,000 23-230-60-00-6009 WRIGLEY (RTE 47) EXPANSION 454,548 - - 32,878 - - 23-230-60-00-6011 PROPERTY ACQUISITION 160,877 - - - - - 23-230-60-00-6012 MILL ROAD IMPROVEMENTS - - - 195,781 3,105,000 3,105,000 23-230-60-00-6014 BLACKBERRY WOODS 131,574 7,797 7,549 4,125 7,549 7,549 23-230-60-00-6016 US 34 (CENTER/ELDAMIAN RD) PROJECT - 19,500 110,226 127,534 110,226 110,226 23-230-60-00-6017 STAGECOACH CROSSING 63,304 - - - - - 23-230-60-00-6019 BRISTOL BAY ACCESS ROAD - 40,754 - - - - 23-230-60-00-6021 PAVILLION ROAD STREAMBANK STABILIZATION - - 110,000 260 137,500 137,500 23-230-60-00-6023 FOUNTAIN VILLAGE SUBDIVISION - 19,346 256,528 99,284 - - 23-230-60-00-6025 ROAD TO BETTER ROADS PROGRAM 695,767 761,759 100,000 69,633 80,000 80,000 23-230-60-00-6034 WHISPERING MEADOWS SUBDIVISION - 2,762 1,070,000 974,071 22,500 22,500 23-230-60-00-6048 39,088 675 - - - - 23-230-60-00-6058 RT 71 (IL 47/ORCHARD RD) PROJECT - - 30,333 8,351 30,333 30,333 23-230-60-00-6059 US 34 (IL 47/ORCHARD RD) PROJECT 16,497 78,682 98,413 84,854 90,981 90,981 23-230-60-00-6073 GAME FARM ROAD PROJECT 13,364 328,913 - - - - 23-230-60-00-6082 COUNTRYSIDE PKY IMPROVEMENTS 1,211,639 561,550 - - - - 23-230-60-00-6084 CENTER & COUNTRYSIDE IMPROVEMENTS - 227,760 - - - - 23-230-60-00-6086 KENNEDY ROAD IMPROVEMENTS 25,753 391,763 10,000 404 - - 23-230-60-00-6094 KENNEDY ROAD BIKE TRAIL 3,894 405,370 45,000 5,930 32,000 32,000 Debt Service - 2014A Bond 23-230-78-00-8000 PRINCIPAL PAYMENT 185,000 190,000 190,000 190,000 195,000 195,000 23-230-78-00-8050 INTEREST PAYMENT 144,138 138,588 132,888 132,888 127,188 127,188 Kendall County Loan - River Road Bridge 23-230-97-00-8000 PRINCIPAL PAYMENT 75,000 75,000 84,675 84,675 - - $322,188 $0Total:Kendall Co Loan - River Rd Bridge Total:Debt Service - 2014A Bond $84,675$84,675$75,000 Description $46,975 Contractual Services Total:Contractual Services $68,124 $322,888$322,888$328,588$329,138 $82,968$137,126 $76,675 Capital Outlay DOWNTOWN STREETSCAPE IMPROVEMENT $0 United City of Yorkville City-Wide Capital Fund Capital OutlayTotal: $46,975 $3,616,089 $322,188 $3,616,089$1,603,105$1,838,049$2,846,631$2,816,305 $75,000 8 230 CITY-WIDE CAPITAL EXPENDITURES FY 2019 Unaudited FY 2020 FY 2020 FY 2017 FY 2018 Adopted FY 2019 Adopted Amended Account Actual Actual Budget Actual Budget BudgetDescription United City of Yorkville City-Wide Capital Fund Other Financing Uses 23-230-99-00-9951 TRANSFER TO WATER - 65,241 64,866 65,030 104,906 104,906 Total:Other Financing Uses $0 $65,241 $64,866 $65,030 $104,906 $4,090,158Total: CITY-WIDE CAP EXPENDITURES $3,288,567 $2,158,666$3,452,586 $2,387,153 $104,906 $4,090,158 9 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Agenda Item Number Public Works Committee #8 Tracking Number PW 2019-60 Mill Road Land Acquisition – Plats of Dedication City Council – August 27, 2019 PW 08-20-19 Moved forward to City Council agenda. PW 2019-60 Majority Consideration of Acceptance Consideration of Acceptance Brad Sanderson Engineering Name Department The City has come to agreement with two land owners regarding the acquisition of right-of-way that is necessary for the project. The parcels are shown in the attached overall exhibit and in the detailed Plats of Dedication. The Magana LLC parcel (Parcel 1) has agreed to a price of $4,000. The Loghmani parcel (Parcel 2) has agreed to a price of $13,000. The City Attorney and City Clerk are making final arrangements to have the necessary documents executed. We recommend acceptance of the Plats of Dedication upon receipt of the final executed documents. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Kathy Field-Orr, City Attorney Lisa Pickering, Deputy City Clerk Date: August 14, 2019 Subject: Mill Road Land Acquisition Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Administration Committee #1 Tracking Number ADM 2019-34 Solicitor Registration and Regulations City Council – August 27, 2019 ADM 08-21-19 Moved forward to City Council agenda. ADM 2019-34 Majority Approval Please see attached. Lisa Pickering Administration Name Department Summary Consideration of an amendment to the section of city code regulating solicitors. Background This item was last discussed at the June 19th Administration Committee meeting. Solicitor regulations were lasted updated in 2008. Included in the city code regulating solicitors is a provision for the certificate of registration to be carried and displayed by solicitors while engaged in soliciting. Section 3-7-2 of the city code includes the following regarding the Certificate of Registration: “It shall be unlawful for any person to engage in soliciting, hawking or business as an itinerant merchant without having first obtained said certificate of registration. Said certificate shall be carried by the registered solicitor, hawker, or itinerant merchant while engaged in soliciting and shall be displayed at all times.” To aid solicitors in making sure that they had an item that could be displayed at all times, the city has issued a picture ID card to registered solicitors. The ID card that staff has been using for over ten years is small and it is felt that it is not easy to read. There has also been a concern that not all solicitors are wearing their ID card when they go door-to-door. Staff is proposing a new ID card that is larger and easier to read; along with providing a holder and lanyard for the ID card as well. The Administration Committee requested this item to be brought back to the committee with more options for a new ID card for the committee to consider. Staff has provided four different layout options for the committee to review and has also provided each layout option in three different colors. The Administration Committee also requested further clarification on the proposed amendment to the city code section 3-7-3, paragraph E which deals with situations in which denial of a certificate of registration would occur. Paragraph E has been revised to provide clarification as to when applications can be denied when background checks find evidence that applicants have previously been convicted of felonies. It is proposed that paragraph E would read as follows: “No certificate of registration shall be issued to any person who has been convicted of a felony under the laws of the State of Illinois or any other State or Federal law of the United States, within five (5) years of the date of the application; nor to any person with a felony conviction for burglary, fraud, theft, or sexual assault without regards to time; nor to any person who has an active, unpaid violation or conviction of any provision of this code; nor to any Memorandum To: Administration Committee From: Lisa Pickering, City Clerk CC: Bart Olson, City Administrator Date: July 10, 2019 Subject: Solicitor Registration and Regulations person whose certificate of registration issued hereunder has previously been revoked, as herein provided.” Additionally, the committee requested that the allowed hours for soliciting be amended to end at 7:00 p.m. on weekdays instead of the current end time of 8:00 p.m. Staff has provided a red-lined version of the proposed changes to city code, along with a draft ordinance for consideration. Recommendation Staff recommends approval of the amendment to the solicitor code and seeks feedback on the proposed redesigned ID cards. Style 1 Option 1a Option 1b Option 1c Style 2 Option 2a Option 2b Option 2c Style 3 Option 3a Option 3b Option 3c Style 4 Option 4a Option 4b Option 4c Chapter 7 SOLICITORS, HAWKERS AND ITINERANT MERCHANTS 3-7-1: DEFINITIONS: For the purpose of this chapter, the following words as used herein shall be construed to have the meanings herein ascribed: HAWKER/PEDDLER: Any person traveling from place to place, house to house, or street to street, carrying, conveying or transporting goods, wares, and merchandise, offering and exposing the same for sale. ITINERANT MERCHANT: Any person, who engages in a transient or temporary business of selling and delivering goods, wares, or merchandise within the city, and who, in furtherance of such purpose, leases, uses, or occupies any temporary structure, tent lot, street, alley, sidewalk, or any other such place, public or private, within the city for the exhibition and sale of such goods, wares, or merchandise, or for securing orders for future delivery of such goods, wares, or merchandise. Examples include: Christmas tree sales. Also called transient merchant or transient vendor. RESIDENCE: Includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. SOLICITING: Includes any one or more of the following activities: A. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, and services of any kind, character or description, for any kind of consideration; or B. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or C. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers, and every other type or kind of publication; or D. Seeking to obtain gifts or contributions of money, clothing, or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project. E. Hawking or doing business as an itinerant merchant. SOLICITOR: Any person traveling from place to place, house to house, or street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature for future delivery, or for services to be furnished or performed in the future, whether or not such person carries or exposes for sale a sample of the subject of such sale. (Ord. 2008-51, 6- 10-2008) Yorkville code - red-lined version of proposed changes Administration Committee Packet - 8/21/19 3-7-2: CERTIFICATE OF REGISTRATION REQUIRED: Every person desiring to engage in soliciting, hawking or business as an itinerant merchant within the city is hereby required to make written application for a certificate of registration as hereinafter provided. It shall be unlawful for any person to engage in soliciting, hawking or business as an itinerant merchant without having first obtained said certificate of registration. Said certificate shall be carried by the registered solicitor, hawker, or itinerant merchant while engaged in soliciting and shall be displayed at all times. (Ord. 2008-51, 6-10-2008) 3-7-3: APPLICATION FOR CERTIFICATE: A. Before a certificate may be issued under this chapter, a written sworn application signed by the applicant, if an individual; or by all partners, if a partnership; or by the president of a corporation, if a corporation; or by a parent, if the applicant is under the age of fourteen (14), containing the following information must be submitted to the office of the city clerk: 1. The applicant's name, current address of residence, length of residence at such address, telephone number, business address if other than residence address, date of birth, and social security number; 2. Copy of current state photo identification or driver's license; 3. Name, address, and telephone number of the person, firm, corporation, or association whom the applicant is employed by or represents, and the length of time of such employment or representation; 4. A brief description of the nature of the business in which the applicant is engaged, and the kind of products or services to be sold or rendered; 5. Period of time for which the certificate is requested, and the approximate hours of the day that such function shall be performed; 6. The date, or approximate date, of the latest previous application for certificate under this chapter, if any; 7. A statement whether a certificate of registration, under the provisions of this chapter or any other similar ordinance of the city or any county or municipality, has ever been revoked, together with the details thereof; 8. A statement whether the applicant and/or the person(s) managing or supervising the applicant's business have/has ever been convicted of a felony or misdemeanor under the laws of the state of Illinois, or any other state or federal law of the United States, or a violation of any of the provisions of this chapter or the ordinance of any other Illinois municipality regulating the activities of solicitors, hawkers, or itinerant merchants, together with the details thereof; 9. The applicant's "Illinois business tax number" as issued by the "Illinois department of revenue". No certificate shall be issued if the applicant does not have an Illinois business tax number, unless the applicant represents or works for a religious, educational or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "tax exempt number" and written proof of its "tax exempt status"; 10. Each itinerant merchant must submit a signed statement from the owner of the property from which he or she is proposing to operate his or her business evidencing permission to do business on the particular owner's property. If the applicant is proposing to operate his or her business from a city park, written permission from the park board must be submitted; 11. Each applicant shall submit a photo that must be the same size as required for passports _ two inches by two inches (2" x 2"). B. All statements made by the applicant upon the application or in connection therewith shall be under oath. C. Each applicant shall be required to submit to fingerprinting by the police department in connection with the application for certificate. The applicant shall pay the fee as set by the Illinois state police for fingerprint submissions. D. The office of the city clerk shall keep an accurate record of every application received and acted upon, together with all other information and data pertaining thereto, and all certificates of registration issued or applications denied. E. No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States, within five (5) years of the date of the application; nor to any person with a felony conviction for burglary, fraud, theft, or sexual assault without regards to time; nor to any person who has an active, unpaid violation or conviction been convicted of a violation of any of the provisions of this codechapter;, nor to any person whose certificate of registration issued hereunder has previously been revoked, as herein provided. F. Each hawker and itinerant merchant applicant shall pay a two hundred dollar ($200.00) application fee per application. Each solicitor applicant shall pay a one hundred dollar ($100.00) application fee per application. No application fee shall be charged of a solicitor, hawker, or itinerant merchant sponsored by or working for a religious, educational or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "tax exempt number" and written proof of its "tax exempt status". (Ord. 2008-51, 6-10-2008) 3-7-4: ISSUANCE OF CERTIFICATE: The office of the city clerk, after consideration of the application and all information obtained relative thereto, shall, within ten (10) business days of application, approve or deny the application. If the applicant does not provide the necessary information or qualify for such certificate, pursuant to section 3-7-3 of this chapter, and the issuance of a certificate of registration to the applicant would not be in accord with the intent and purpose of this chapter, then the office of the city clerk shall deny the application. If denied, endorsement shall be made by the office of the city clerk upon the application. If the applicant provides the necessary information and is found to be fully qualified, the certificate of registration shall be issued within five (5) business days of the application approval so long as the application fees have been fully paid. Any certificate of registration issued pursuant to this chapter shall expire one year after issuance. (Ord. 2008-51, 6-10-2008) 3-7-5: INVITING HAWKERS AND SOLICITORS ONTO PREMISES: The owner or resident of any premises in the city shall determine whether hawkers and solicitors shall be, or shall not be, invited onto his or her premises. Only hawkers and solicitors having a valid certificate of registration provided in section 3-7-2 of this chapter shall engage in solicitation within the city unless said hawker or solicitor has previously been invited by an owner or resident of the premises. In the interest of safety, no child under the age of fourteen (14) shall be allowed to solicit in the city of Yorkville unless said child is supervised during solicitation by an adult who has registered pursuant to this chapter. (Ord. 2008-51, 6-10-2008) 3-7-6: NOTICE REGULATING SOLICITING: A. Any owner or resident may restrict solicitation or limit the hours during which hawkers and solicitors are invited to his or her residence by posting that intention as provided in this section. B. Notice of restricting solicitation or limiting a hawker's or solicitor's hours by the owner or resident shall be given in the following manner: A weatherproof card, approximately three inches by four inches (3" x 4") in size, or larger, shall be exhibited upon or near the main entrance door to the residence, indicating as follows: NO SOLICITORS INVITED or SOLICITATION LIMITED TO THE HOURS OF: Note: Any reference to "solicitors" on said card shall include both hawkers and solicitors, as defined in this chapter. C. Such card, or similar sign, so exhibited shall constitute sufficient notice to any hawker or solicitor of the owner's or resident's desire to restrict solicitation or to limit the hawker's or solicitor's hours. (Ord. 2008-51, 6-10-2008) 3-7-7: DUTY OF HAWKERS AND SOLICITORS: It shall be the duty of each hawker and solicitor entering any privately owned premises in the city to first examine the notice provided for in section 3-7-6 of this chapter, if any is given or attached, and abide by the statement contained in the notice. If the hawker or solicitor is calling during a time when the resident has restricted solicitation or limited the hawker's or solicitor's hours, then the hawker or solicitor, whether registered or not, shall immediately and peacefully depart from the premises. Any hawker or solicitor who has gained entrance to or who is on any premises, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the owner or resident. (Ord. 2008-51, 6-10-2008) 3-7-8: UNINVITED SOLICITING PROHIBITED: It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door, or create any sound in any manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in "soliciting" as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of section 3-7-6 of this chapter. (Ord. 2008-51, 6-10-2008) 3-7-9: TIME LIMIT ON SOLICITING: It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in "soliciting" as herein defined, before nine o'clock (9:00) A.M. or after seveneight o'clock (78:00) P.M., Monday through Friday, or prior to nine o'clock (9:00) A.M. or after five o'clock (5:00) P.M. on Saturday. There shall be no "soliciting", as defined in this chapter, on Sundays or on state or national holidays, except as follows: Itinerant merchants and hawkers not going door to door to residences may conduct business from nine o'clock (9:00) A.M. to eight thirty o'clock (8:30) P.M. Sunday through Saturday, including holidays. Individual owners and residents may further restrict the hours of soliciting on their property by posting a notice pursuant to section 3-7-6 of this chapter. (Ord. 2008-51, 6-10-2008) 3-7-10: ITINERANT MERCHANTS; PERMIT: In addition to the application fee set out in subsection 3-7-3F of this chapter, itinerant merchants shall be required to obtain a permit from the building and zoning department of Yorkville. Because of the nonpermanent nature of the structures being operated by itinerant merchants, itinerant merchants shall also be charged a fee of forty dollars ($40.00) to cover the costs and expenses of periodic safety inspections by the building department of the premises from which sales are being made. (Ord. 2008-51, 6-10-2008) 3-7-11: REVOCATION OF REGISTRATION: Any registration issued pursuant to this Chapter shall be immediately revoked upon a violation of Sections 3-7-8 or 3-7-9 of this code. Ordinance No. 2019-____ Page 1 Ordinance No. 2019-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE REGULATIONS FOR SOLICITORS, HAWKERS AND ITINERANT MERCHANTS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, Title 3, Chapter 7 of the Code of Ordinances of the United City of Yorkville, Kendall County, Illinois, establishes regulations for solicitors, hawkers and itinerant merchants; and, WHEREAS, the Mayor and the City Council (the “Corporate Authorities”) have reviewed the requirements for registration and have determined that there is need to further the application requirement for solicitors, hawkers and itinerant merchants and to provide for the immediate revocation of the registration of any person violating the time limit on solicitation or defying the notice in any residence in the City restricting solicitation, all as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Subsection 3-7-3E of the Yorkville City Code, be and is hereby amended by deleting said Subsection in its entirety and replacing it with the following: “E. No certificate of registration shall be issued to any person who has been convicted of a felony under the laws of the State of Illinois or any other State or Federal law of the United States, within five (5) years of the date of the application; nor to any person with a felony conviction for burglary, fraud, theft, or sexual assault without regards to time; nor to any person who has an active, unpaid violation or conviction of any provision of this code; nor to any person whose certificate of registration issued hereunder has previously been revoked, as herein provided.” Ordinance No. 2019-____ Page 2 Section 2. That Subsection 3-7-9 of the Yorkville City Code, be and is hereby amended by deleting said Subsection in its entirety and replacing it with the following: “It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in "soliciting" as herein defined, before nine o'clock (9:00) A.M. or after seven o'clock (7:00) P.M., Monday through Friday, or prior to nine o'clock (9:00) A.M. or after five o'clock (5:00) P.M. on Saturday. There shall be no "soliciting", as defined in this chapter, on Sundays or on state or national holidays, except as follows: Itinerant merchants and hawkers not going door to door to residences may conduct business from nine o'clock (9:00) A.M. to eight thirty o'clock (8:30) P.M. Sunday through Saturday, including holidays. Individual owners and residents may further restrict the hours of soliciting on their property by posting a notice pursuant to section 3-7-6 of this chapter.” Section 3. The following new Section 3-7-11 is hereby added to Title 3, Chapter: “3-7-11: Revocation of Registration. Any registration issued pursuant to this Chapter shall be immediately revoked upon a violation of Sections 3-7-8 or 3-7-9 of this code.” Section 4. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this ____ day of _________________, A.D. 2019. ______________________________ City Clerk KEN KOCH ________ DAN TRANSIER ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ Ordinance No. 2019-____ Page 3 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _________________, A.D. 2019. ______________________________ Mayor Attest: _____________________________ City Clerk Summary Consideration of an amendment to the section of city code regulating solicitors. Background Solicitor regulations were lasted updated in 2008. Included in the city code regulating solicitors is a provision for the certificate of registration to be carried and displayed by solicitors while engaged in soliciting. Section 3-7-2 of the city code includes the following regarding the Certificate of Registration: “It shall be unlawful for any person to engage in soliciting, hawking or business as an itinerant merchant without having first obtained said certificate of registration. Said certificate shall be carried by the registered solicitor, hawker, or itinerant merchant while engaged in soliciting and shall be displayed at all times.” To aid solicitors in making sure that they had an item that could be displayed at all times, the city has issued picture ID card to registered solicitors. The ID card that staff has been using for over ten years is small and it is felt that it is not easy to read. There has also been a concern that not all solicitors are wearing their ID card when they go door-to-door. Staff is proposing a new ID card that is larger and easier to read; along with providing a holder and lanyard for the ID card as well. Staff has provided a sample of the current solicitor ID card, as well as a proposed new version that is larger and easier to read. We are proposing changing the color used on the ID to a blue and a darker red color to reflect the colors that were chosen for the downtown wayfinding signage. Staff has also researched the cost of an ID holder and lanyard on Amazon and has found that the cost is approximately $.50 per solicitor to provide a holder and lanyard. This cost would be minimal and would ensure that solicitors have a holder that they can wear at all times while soliciting in Yorkville. We have also provided samples of solicitor IDs from Lombard, Elk Grove Village, Montgomery, and Oswego for comparison. In reviewing our solicitor code, staff has found two sections to be considered for an update. The first proposed update is to city code section 3-7-3, paragraph E which deals with situations in which denial of a certificate of registration would occur. Recommended changes include denying solicitor registration to persons who have been previously convicted of any crimes involving burglary, theft, dishonesty, fraud, deception or similar offenses. Also recommended is the addition of a new section which would allow for revocation of a registration that has been issued to any solicitor that solicits outside of the allowed hours for soliciting or Memorandum To: Administration Committee From: Lisa Pickering, City Clerk CC: Bart Olson, City Administrator Date: June 11, 2019 Subject: Solicitor Registration and Regulations solicits at residences that have “No Soliciting” signs posted. The city attorney has provided an ordinance amending these sections of code for consideration. Additionally, to help emphasize to solicitors the importance of following the regulations on soliciting, staff is proposing an additional checklist that solicitors must read and sign when they pick up their permit and badge. The checklist would include an acknowledgement by the solicitors of the allowed hours for soliciting, an acknowledgement that they cannot knock on any doors where the residents have a “no soliciting” sign posted and finally an acknowledgment that they will wear their city issued ID card and ensure that it is clearly visible at all times while soliciting within city limits. Recommendation Staff recommends approval of the amendment to the solicitor code and seeks feedback on the proposed redesigned ID cards. United City of Yorkville Office of the City Clerk Certificate of Registration Solicitor No. 2019- Registration Fee $100.00 By the Authority of the United City of Yorkville This Certificate of Registration is Hereby Granted to: _______________ To Operate as a Solicitor for _____________________________________ For a Term of One Year – January 1, 2019 through December 31, 2019, Subject to the Ordinances of the United City of Yorkville. Permitted Hours for Soliciting Monday – Friday 9:00 A.M. – 8:00 P.M. Saturday 9:00 A.M. – 5:00 P.M. No Soliciting on Sundays or Legal Holidays IN WITNESS WHEREOF, I have hereunto set my hand and seal on this _____ day of _______________, 2019. ________________________ City Clerk Example of current certificate of registration issued to each solicitor. Current Solicitor ID Badge Size 3” x 2” 2 inches 3 inches Proposed Solicitor ID Badge Size 3 ¼ “ x 4 ¾ “ 3 ¼ inches 4 ¾ inches Village of Lombard Registered Solicitors Elk Grove Village Passport Holders, Extra Large ID Badge Holder Inside Dimensions 4 x 6 inches. Outside Dimensions 4.2 x 7 inches Price per 100 is $29.99 on Amazon https://www.amazon.com/MIFFLIN-Passport-Holders-Waterproof- Vertical/dp/B07QR2TW2H/ref=sr_1_6?keywords=id+sleeve+vertical+6+inch&qid=156027191 3&s=gateway&sr=8-6 Lanyards for ID Holders Price per 100 is $14.99 on Amazon https://www.amazon.com/Black-Lanyards-Safety-Lanyard- Swivel/dp/B07GRVCBCK/ref=sxin_2_ac_d_pm?crid=2NA0740INEKSS&keywords=lanyards+ for+id+badges&pd_rd_i=B07GRVCBCK&pd_rd_r=8c1ddfb5-5373-4715-b0b1- 44d103903c9f&pd_rd_w=46xai&pd_rd_wg=uCO1B&pf_rd_p=be5d8dec-444e-4770-91df- 1e16a8c46da8&pf_rd_r=ZFWYT6WKBEHKM71ZV0MJ&qid=1560279113&s=gateway&spref ix=lanyar%2Caps%2C175 Chapter 7 SOLICITORS, HAWKERS AND ITINERANT MERCHANTS 3-7-1: DEFINITIONS: For the purpose of this chapter, the following words as used herein shall be construed to have the meanings herein ascribed: HAWKER/PEDDLER: Any person traveling from place to place, house to house, or street to street, carrying, conveying or transporting goods, wares, and merchandise, offering and exposing the same for sale. ITINERANT MERCHANT: Any person, who engages in a transient or temporary business of selling and delivering goods, wares, or merchandise within the city, and who, in furtherance of such purpose, leases, uses, or occupies any temporary structure, tent lot, street, alley, sidewalk, or any other such place, public or private, within the city for the exhibition and sale of such goods, wares, or merchandise, or for securing orders for future delivery of such goods, wares, or merchandise. Examples include: Christmas tree sales. Also called transient merchant or transient vendor. RESIDENCE: Includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. SOLICITING: Includes any one or more of the following activities: A. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, and services of any kind, character or description, for any kind of consideration; or B. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or C. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers, and every other type or kind of publication; or D. Seeking to obtain gifts or contributions of money, clothing, or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project. E. Hawking or doing business as an itinerant merchant. SOLICITOR: Any person traveling from place to place, house to house, or street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature for future delivery, or for services to be furnished or performed in the future, whether or not such person carries or exposes for sale a sample of the subject of such sale. (Ord. 2008-51, 6- 10-2008) Yorkville code - red-lined version of proposed changes Admin packet - 6/19/19 3-7-2: CERTIFICATE OF REGISTRATION REQUIRED: Every person desiring to engage in soliciting, hawking or business as an itinerant merchant within the city is hereby required to make written application for a certificate of registration as hereinafter provided. It shall be unlawful for any person to engage in soliciting, hawking or business as an itinerant merchant without having first obtained said certificate of registration. Said certificate shall be carried by the registered solicitor, hawker, or itinerant merchant while engaged in soliciting and shall be displayed at all times. (Ord. 2008-51, 6-10-2008) 3-7-3: APPLICATION FOR CERTIFICATE: A. Before a certificate may be issued under this chapter, a written sworn application signed by the applicant, if an individual; or by all partners, if a partnership; or by the president of a corporation, if a corporation; or by a parent, if the applicant is under the age of fourteen (14), containing the following information must be submitted to the office of the city clerk: 1. The applicant's name, current address of residence, length of residence at such address, telephone number, business address if other than residence address, date of birth, and social security number; 2. Copy of current state photo identification or driver's license; 3. Name, address, and telephone number of the person, firm, corporation, or association whom the applicant is employed by or represents, and the length of time of such employment or representation; 4. A brief description of the nature of the business in which the applicant is engaged, and the kind of products or services to be sold or rendered; 5. Period of time for which the certificate is requested, and the approximate hours of the day that such function shall be performed; 6. The date, or approximate date, of the latest previous application for certificate under this chapter, if any; 7. A statement whether a certificate of registration, under the provisions of this chapter or any other similar ordinance of the city or any county or municipality, has ever been revoked, together with the details thereof; 8. A statement whether the applicant and/or the person(s) managing or supervising the applicant's business have/has ever been convicted of a felony or misdemeanor under the laws of the state of Illinois, or any other state or federal law of the United States, or a violation of any of the provisions of this chapter or the ordinance of any other Illinois municipality regulating the activities of solicitors, hawkers, or itinerant merchants, together with the details thereof; 9. The applicant's "Illinois business tax number" as issued by the "Illinois department of revenue". No certificate shall be issued if the applicant does not have an Illinois business tax number, unless the applicant represents or works for a religious, educational or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "tax exempt number" and written proof of its "tax exempt status"; 10. Each itinerant merchant must submit a signed statement from the owner of the property from which he or she is proposing to operate his or her business evidencing permission to do business on the particular owner's property. If the applicant is proposing to operate his or her business from a city park, written permission from the park board must be submitted; 11. Each applicant shall submit a photo that must be the same size as required for passports _ two inches by two inches (2" x 2"). B. All statements made by the applicant upon the application or in connection therewith shall be under oath. C. Each applicant shall be required to submit to fingerprinting by the police department in connection with the application for certificate. The applicant shall pay the fee as set by the Illinois state police for fingerprint submissions. D. The office of the city clerk shall keep an accurate record of every application received and acted upon, together with all other information and data pertaining thereto, and all certificates of registration issued or applications denied. E. No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the state of Illinois or any other state or federal law of the United States, within five (5) years of the date of the application; nor to any person who has an active, unpaid violation or been convicted of a violationconviction of any of the provisions of this chapter;, nor to any person whose certificate of registration issued hereunder has previously been revoked, as herein provided; nor to any person convicted of a crime involving burglary, theft, dishonesty, fraud, deception or similar offense. F. Each hawker and itinerant merchant applicant shall pay a two hundred dollar ($200.00) application fee per application. Each solicitor applicant shall pay a one hundred dollar ($100.00) application fee per application. No application fee shall be charged of a solicitor, hawker, or itinerant merchant sponsored by or working for a religious, educational or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a "tax exempt number" and written proof of its "tax exempt status". (Ord. 2008-51, 6-10-2008) 3-7-4: ISSUANCE OF CERTIFICATE: The office of the city clerk, after consideration of the application and all information obtained relative thereto, shall, within ten (10) business days of application, approve or deny the application. If the applicant does not provide the necessary information or qualify for such certificate, pursuant to section 3-7-3 of this chapter, and the issuance of a certificate of registration to the applicant would not be in accord with the intent and purpose of this chapter, then the office of the city clerk shall deny the application. If denied, endorsement shall be made by the office of the city clerk upon the application. If the applicant provides the necessary information and is found to be fully qualified, the certificate of registration shall be issued within five (5) business days of the application approval so long as the application fees have been fully paid. Any certificate of registration issued pursuant to this chapter shall expire one year after issuance. (Ord. 2008-51, 6-10-2008) 3-7-5: INVITING HAWKERS AND SOLICITORS ONTO PREMISES: The owner or resident of any premises in the city shall determine whether hawkers and solicitors shall be, or shall not be, invited onto his or her premises. Only hawkers and solicitors having a valid certificate of registration provided in section 3-7-2 of this chapter shall engage in solicitation within the city unless said hawker or solicitor has previously been invited by an owner or resident of the premises. In the interest of safety, no child under the age of fourteen (14) shall be allowed to solicit in the city of Yorkville unless said child is supervised during solicitation by an adult who has registered pursuant to this chapter. (Ord. 2008-51, 6-10-2008) 3-7-6: NOTICE REGULATING SOLICITING: A. Any owner or resident may restrict solicitation or limit the hours during which hawkers and solicitors are invited to his or her residence by posting that intention as provided in this section. B. Notice of restricting solicitation or limiting a hawker's or solicitor's hours by the owner or resident shall be given in the following manner: A weatherproof card, approximately three inches by four inches (3" x 4") in size, or larger, shall be exhibited upon or near the main entrance door to the residence, indicating as follows: NO SOLICITORS INVITED or SOLICITATION LIMITED TO THE HOURS OF: Note: Any reference to "solicitors" on said card shall include both hawkers and solicitors, as defined in this chapter. C. Such card, or similar sign, so exhibited shall constitute sufficient notice to any hawker or solicitor of the owner's or resident's desire to restrict solicitation or to limit the hawker's or solicitor's hours. (Ord. 2008-51, 6-10-2008) 3-7-7: DUTY OF HAWKERS AND SOLICITORS: It shall be the duty of each hawker and solicitor entering any privately owned premises in the city to first examine the notice provided for in section 3-7-6 of this chapter, if any is given or attached, and abide by the statement contained in the notice. If the hawker or solicitor is calling during a time when the resident has restricted solicitation or limited the hawker's or solicitor's hours, then the hawker or solicitor, whether registered or not, shall immediately and peacefully depart from the premises. Any hawker or solicitor who has gained entrance to or who is on any premises, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the owner or resident. (Ord. 2008-51, 6-10-2008) 3-7-8: UNINVITED SOLICITING PROHIBITED: It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door, or create any sound in any manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in "soliciting" as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of section 3-7-6 of this chapter. (Ord. 2008-51, 6-10-2008) 3-7-9: TIME LIMIT ON SOLICITING: It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in "soliciting" as herein defined, before nine o'clock (9:00) A.M. or after eight o'clock (8:00) P.M., Monday through Friday, or prior to nine o'clock (9:00) A.M. or after five o'clock (5:00) P.M. on Saturday. There shall be no "soliciting", as defined in this chapter, on Sundays or on state or national holidays, except as follows: Itinerant merchants and hawkers not going door to door to residences may conduct business from nine o'clock (9:00) A.M. to eight thirty o'clock (8:30) P.M. Sunday through Saturday, including holidays. Individual owners and residents may further restrict the hours of soliciting on their property by posting a notice pursuant to section 3-7-6 of this chapter. (Ord. 2008-51, 6-10-2008) 3-7-10: ITINERANT MERCHANTS; PERMIT: In addition to the application fee set out in subsection 3-7-3F of this chapter, itinerant merchants shall be required to obtain a permit from the building and zoning department of Yorkville. Because of the nonpermanent nature of the structures being operated by itinerant merchants, itinerant merchants shall also be charged a fee of forty dollars ($40.00) to cover the costs and expenses of periodic safety inspections by the building department of the premises from which sales are being made. (Ord. 2008-51, 6-10-2008) 3-7-11: REVOCATION OF REGISTRATION: Any registration issued pursuant to this Chapter shall be immediately revoked upon a violation of Sections 3-7-8 or 3-7-9 of this Chapter 3. United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 630-553-4350 Solicitor, Hawker, or Itinerant Merchant Registration Acknowledgement Form. I, ____________________________________ [insert name], having been approved to operate as a solicitor, hawker, or itinerant merchant in the United City of Yorkville, hereby acknowledge the following: 1)Permitted hours for Soliciting Monday – Friday from 9:00 a.m. – 8:00 p.m. Saturday from 9:00 a.m. – 5:00 p.m. 2)No soliciting on Sundays or Legal Holidays 3)No soliciting at any houses with “No Soliciting” signs posted I agree to follow these restrictions listed above as well as all regulations found in the Yorkville City Code, Title 3, Chapter 7: Solicitors, Hawkers, and Itinerant Merchants. _____________________________ Signature _____________________________ Print Name _____________________________ Date Proposed form for solicitors to sign VILLAGE OF MONTGOMERY ORDINANCE NO. 1859 _______________________________________________________________ AN ORDINANCE AMENDING CHAPTER 13 OF THE VILLAGE CODE VILLAGE OF MONTGOMERY, ILLINOIS (PEDDLERS, CANVASSERS AND SOLICITORS) _________________________________________________________________ PASSED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES, ILLINOIS THIS ___ DAY OF _______, 2019. PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES, ILLINOIS, THIS __ DAY OF _______, 2019. Village of Montgomery - proposed solicitor revisions from their June 10th online meeting packet Page 2 of 10 ORDINANCE NO. 1859 AN ORDINANCE AMENDING CHAPTER 13 OF THE VILLAGE CODE VILLAGE OF MONTGOMERY, ILLINOIS (PEDDLERS, CANVASSERS AND SOLICITORS) BE IT ORDAINED by the President and Board of Trustees of the Village of Montgomery, Kane and Kendall Counties, Illinois, as follows: WHEREAS, the Village of Montgomery (“Village”) is not a home rule municipality within Article VII, Section 6A of the Illinois Constitution and accordingly, acts pursuant to the powers granted to it under 65 ILCS 5/1-1 et seq.; and, WHEREAS, the Village of Montgomery Village Code of Ordinances contains certain provisions providing for the regulation of peddlers, canvassers and solicitors within its corporate boundaries; and, WHEREAS, the Village finds that it is in the best interest of its residents to amend these provisions to clarify the requirements for registering for and maintaining solicitor registrations within the Village. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Montgomery, Kane and Kendall Counties, Illinois, as follows: SECTION ONE: TEXT AMENDMENT Chapter 13 – Peddlers, Canvassers, and Solicitors – shall be amended to read as follows: Chapter 13 - PEDDLERS, CANVASSERS AND SOLICITORS Sec. 13-1. - Registration of commercial canvassers or solicitors. It shall be unlawful for any person to engage in business as a canvasser or solicitor calling at residences in the village without the previous consent of the occupant when that canvasser or solicitor is engaging in any commercial enterprise such as soliciting orders, sales, subscriptions, or business of any kind, without having first registered in the office of the village clerk. Pursuant to section 13-8 hereof, religious, charitable, political, and other noncommercial canvassers and solicitors shall not be subject to this requirement when undertaking noncommercial canvassing or solicitation. Sec. 13-2. - Contents of registration. Before a certificate of registration may be issued under this chapter, a written sworn application signed by the applicant, if an individual; or by all partners, if a partnership; or by the Page 3 of 10 president of a corporation, if a corporation; or by a parent, if the applicant is under fourteen (14) years old, containing the following information must be submitted to the village clerk: 1.The applicant’s name, current address of residence, length of residence at such address, telephone number, business address if other than residence address, and date of birth; 2. Copy of current state photo identification or driver’s license; 3.Name, address, telephone number of the person, firm, corporation, or association whom the applicant is employed by or represents, and the length of time of such employment or representation; 4. A brief description of the nature of the business in which the applicant is engaged, and the kind of products or services to be sold or rendered; 5.Period of time for which the certificate is requested, and approximate hours of the day that such functions are to be performed; 6.The date, or approximate date, of the latest previous application for certificate under this chapter, if any; 7.A statement whether a certificate of registration, under the provisions of this chapter or any other similar ordinance of the Village or any county or municipality, has ever been revoked, together with the details thereof; 8.A statement whether the applicant and/or the person(s) managing or supervising the applicant’s business have/has ever been convicted of a felony or misdemeanor under the laws of the State of Illinois, or any other state or federal law of the United States, or a violation of any of the provisions of this chapter or the ordinance of any Illinois municipality regarding the activities of solicitors, hawkers, or iterant merchants, together with the details thereof; 9.The applicant’s Illinois business tax number as issued by the Illinois Department of Revenue. No certificate shall be issued if the applicant does not have an Illinois business tax number, unless the applicant represents or works for a religious, educational, or charitable organization where such organization is entirely a nonprofit organization and who can furnish the city with a tax-exempt number and proof of its tax-exempt status; 10. A photo that must be the same size as is required for passports (2” by 2”). The registrant shall give his complete identification, his signature, the name of his or her employer, the nature of the products or services in which he or she is interested, the names of the manufacturers of such products or of the organization which he or she is representing, and the proposed method of operation in the village. All statements made by the applicant upon the application or in connection therewith shall be under oath. The form of registration shall be supplied by the office of the village clerk, and shall be in substantially the following form: Page 4 of 10 Registration of ____________ Canvasser or Solicitor Fee $30.00> APPLICANT INFORMATION Name of applicant: _______________________ Date of Birth: _________________ Address of applicant (home): __________________ Length at residence: _____________ Applicant telephone number: __________________ BUSINESS INFORMATION Address of applicant (business): ________________ Business telephone number: ___________________ Business/Employer's name: ____________________ Length of time employed: ________ Business/Employer's address: ___________________ Illinois business tax number or tax-exempt number: ____________________________________ SOLICITATION INFORMATION Products/services to be sold/rendered: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Name of actual company offering products/services being sold, if different than above (for example, employer is ABC Marketing, but service being sold is electricity contracts from XYZ Energy): ______________________________________________________________________ Method of solicitation: ___________________________________________________________ Period of time for which permit is requested: _________________________________________ Approximate hours functions expected to be performed: ________________________________ Has the applicant or business previously applied for a permit with the Village? If so, when? ______________________________________________________________________________ Has the applicant and/or the person(s) managing or supervising the applicant’s business ever been Page 5 of 10 convicted of a felony or misdemeanor under the laws of the State of Illinois, or any other state or federal law of the United States, or a violation of any of the provisions of this chapter or the ordinance of any Illinois municipality regarding the activities of solicitors, hawkers, or iterant merchants? ______________________________________________________________________________ Has the applicant and/or business ever had a solicitor/canvasser permit revoked, either under the provisions of this chapter or pursuant to any other similar ordinance of any other county or municipality? If so, when? ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ I hereby authorize the Village of Montgomery to investigate and verify the information contained herein and waive any rights of privacy I may have to the information contained therein and indemnify and hold harmless the Village of Montgomery its officers, employees, agents and assigns for any and all claims or damages (including reasonable attorney’s fees) resulting from said investigation. I hereby certify and swear that all the above information is true and accurate. ________________________________________ (Signature) Subscribed and sworn to before me this ____________ day of ____________ 20 ____________ . ________________________________________ Notary Public Date of Application: Date of Registration: Date Registration Expires: ________________________________________ Registration No. Sec. 13-3. - Approval of registration, registration fee, duration. Upon submittal, the application shall be reviewed in its totality, considering all information obtained relative thereto. After consideration of the application, the police department shall, within ten (10) business days of application, approve or deny the application review the application within ten business days. Each applicant shall pay to the village clerk, a nonrefundable registration fee of $30.00. No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the State of Illinois or any other state or federal law in the United States, within five (5) years of the date of the application; nor to any person who has Page 6 of 10 been convicted of a violation of any of the provisions of this chapter, nor to any person whose certificate of registration issued hereunder has been previously revoked, as herein provided. If such a conviction is determined to be a part of the applicant's record, the village clerk shall deny said permit certificate of registration. If approved, the registration fee shall be for the period commencing on the date of issuance of said registration and expiring thirty (30) days after the date of said registration. If denied, the registration fee shall not be refunded. The office of the village clerk shall keep an accurate record of every application received and acted upon, together with all other information and data pertaining thereto, and all certificates of registration issued or applications denied. If the applicant does not provide the necessary information or qualify for such certificate of registration, pursuant to the provisions of this chapter, and the issuance of a certificate of registration to the applicant would not be in accord with the intent and purpose of this chapter, then the office of the village clerk shall deny the application. If denied, endorsement shall be made by the office of the village clerk upon the application. If the applicant provides the necessary information and is found to be fully qualified, the certificate of registration shall be issued within five (5) business days of the application approval so long as the application fees have been fully paid. Sec. 13-4. - Possession of certificate of registration; form. (a)Each person shall at all times, while engaged in the business of soliciting or canvassing in the village, carry and display (so as to be easily seen by any person) upon his or her person the registration certificate certificate of registration, and the same shall further be presented for additional review, by such registrant whenever he or she is required to do so by any police officer or by any person solicited. The solicitor identification certificate shall be in substantially the following form: (Front) VILLAGE OF MONTGOMERY, ILLINOIS SOLICITOR IDENTIFICATION Name ____________ Employer Company ____________ Company for whom products/services are being solicited ____________ Expires ____________ This is not an endorsement of Pproduct. No. ____________ Village Clerk (Back) This registration is valid for 30 days from issuance. Page 7 of 10 (b) Card must be displayed (so as to be easily seen by any person) and presented to any property owner or police officer. (c) Card may be revoked upon violation of any village ordinance, federal law, state law, or other applicable regulation, as more specifically set forth in Section 13-5. No one shall act as a canvasser or solicitor, or shall sell at residences without the previous consent of the occupant for the purpose of soliciting or canvassing except between the hours of 9:00 a.m. and 8:00 p.m. Monday through Saturday. No one shall act as a canvasser or solicitor, or shall sell at residences without the previous consent of the occupant for the purpose of soliciting or canvassing except between the hours of 10:00 a.m. and 5:00 p.m. on Sunday. Sec. 13-5. – Revocation of registration. Any registration may be revoked by the village clerk for the following reasons: because of any violation by the registrant of this chapter or of any other ordinances of the village, or of the state or federal law, or whenever the registrant shall cease to possess the qualifications or character required by this chapter for the original registrant. (a) violation of any provision of the Village Code of Ordinances, including the provisions of this chapter; (b) violation of any provision of State law; (c) violation of any provision of Federal law; (d) changes in the information provided on the registration application set forth in Section 13-2; (e) ceases to possess the character qualifications required by Section 13-3; (f) violation of any other applicable rule or regulation, or otherwise engages in behavior which the Village’s Police Department determines to be threatening or posing a danger to the Village and its residents. Sec. 13-6. - Hours. No one shall act as a canvasser or solicitor, or shall sell at residences without the previous consent of the occupant for the purpose of soliciting or canvassing except between the hours of 9:00 a.m. and 8:00 p.m., Monday through Saturday. No one shall act as a canvasser or solicitor, or shall sell at residences without the previous consent of the occupant for the purpose of soliciting or canvassing except between the hours of 10:00 a.m. and 5:00 p.m. on Sunday. Sec. 13-7. - Posting of no solicitors signs. (a) The owner or resident of any premises in the village shall determine whether solicitors shall be, or shall not be, invited onto his or her premises. Only solicitors having a valid certificate of registration shall engage in solicitation within the village unless said solicitor has previously been invited by an owner or resident of the premises. In the interest of safety, no child under the age of fourteen (14) shall be allowed to solicit in the village unless said child is supervised by an adult Page 8 of 10 who has registered pursuant to this chapter. (a) (b) Residents and other persons within the village shall be entitled to post a "No Solicitors”, “No Solicitation", or other similar sign on the property which they own or occupy, where it is reasonably visible to individuals who may approach the house, apartment, building or other edifice near or on which the sign is posted, in order to notify any such individual that no solicitation, canvassing or peddling of any type is desired by the occupant without the occupant's prior approval. (b) (c) It shall be unlawful for any person, whether engaging in commercial or noncommercial canvassing, solicitation, or other similar enterprise, to, when entering upon a premises which has a reasonably visible “No Solicitors” or other similar sign, continue with the attempted canvassing or solicitation. Upon sight of such sign, the canvasser or solicitor must leave the premises. If such sign is reasonably visible, the canvasser or solicitor shall be presumed to have seen the sign and shall be in violation of this chapter if he or she attempts his or her canvassing or solicitation. Any owner or resident may also restrict solicitation or limit the hours during which solicitors are invited to his or her residence by posting that intention as provided in this section. Such sign, so exhibited shall constitute sufficient notice to any solicitor of the owner’s or resident’s desire to restrict solicitation or to limit the solicitor’s hours. (d) Notwithstanding whether a sign has been posted, any solicitor is required to depart immediately upon request. Sec. 13-8. - Exceptions. Sections 13-1 through 13-5 of this chapter shall not apply to charitable, religious or political canvassers or solicitors, or any other noncommercial canvassers or solicitors. Sections 13-6 and 13-7 shall apply to all individuals undertaking any commercial or noncommercial canvassing or solicitation, with the exception that no part of this chapter shall apply to officers or employees of the village, county, state or federal governments, or any subdivision thereof, when on official business. Sec. 13-9. - Violations. (a) It is hereby unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door, or create any sound in any manner calculated to attract the attention of the occupant’s of such residence, for the purpose of securing an audience with the occupant thereof, and engaging in soliciting as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of this chapter. (b) It is hereby declared unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near the door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the Page 9 of 10 purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, outside of the hours set forth in Section 13-6. Individual owners and residents may further restrict the hours of soliciting on their property by posting a notice pursuant to section 13- 7 of this chapter. (c) It is hereby declared unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to fail to depart from the premises upon the request of the owner/occupant. (d) Any person who shall violate any provision of this chapter is guilty of a petty offense for which the offender may be fined an amount in accordance with section 1-8 or 1-10 of this Code. For purposes of section 1-10, a violation hereof, shall be treated as a Type 2 offense. SECTION TWO: GENERAL PROVISIONS REPEALER: All ordinances or portions thereof in conflict with this Ordinance are hereby repealed. SEVERABILITY: Should any provision of this Ordinance be declared invalid by a court of competent jurisdiction; the remaining provisions will remain in full force and effect the same as if the invalid provision had not been a part of this Ordinance. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its approval, passage and publication in pamphlet form as provided by law. PASSED AND APPROVED by the President and Board of Trustees of the Village of Montgomery, Kane and Kendall Counties, Illinois this ____ day of ___________, 2019. __________________________________________ Matthew Brolley President of the Board of Trustees of the Village of Montgomery ATTEST: __________________________________________ Penny Fitzpatrick Village Clerk of the Village of Montgomery Page 10 of 10 Aye Nay Absent Abstain Trustee Tom Betsinger ___ ___ ___ ___ Trustee Dan Gier ___ ___ ___ ___ Trustee Steve Jungermann ___ ___ ___ ___ Trustee Denny Lee ___ ___ ___ ___ Trustee Doug Marecek ___ ___ ___ ___ Trustee Theresa Sperling ___ ___ ___ ___ Village President Matthew Brolley ___ ___ ___ ___ 3-9-1: DEFINITIONS: For the purpose of this chapter, the following words as used herein shall be construed to have the meanings herein ascribed: COMMERCIAL GAIN: Any business, corporation, association or natural person established for pecuniary gain. LICENSED ITINERANT MERCHANT: Any person who has obtained a valid license as hereinafter provided, who is not otherwise exempted under this chapter and who upon private premises transports tangible personal property for retail sale or for a temporary period, establishes a display or sample room, or who occupies any kind of structure, building, room or vacant lot for the purposes of selling, offering or displaying for sale, or taking orders or subscriptions for future delivery of, tangible personal property, at retail and who does not maintain in this village an established office, distribution house, sales house, warehouse, service center or residence from which such business is conducted. LICENSED PEDDLER: Any person who has obtained a valid license as hereinafter provided, who is not otherwise exempted under this chapter and who travels from place to place within the village, by foot or by other conveyance, selling for profit or offering for sale, barter or exchange any commodity, article or service, and rendering immediate delivery thereof. LICENSED SOLICITOR: Any person who has obtained a valid license as hereinafter provided, who is not otherwise exempted under this chapter and who engages in any one or more of the following activities including: (A) Seeking to obtain orders for the purchase of any article, commodity, or service whatsoever, for any kind of consideration whatsoever; (B) Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character. (Ord. 10-55, 7-20-2010) 3-9-2: LICENSE REQUIRED: Every person or entity desiring to engage in peddling, soliciting or itinerant merchandising for commercial gain within the village is hereby required to make written application for a license as hereinafter provided, unless otherwise exempted hereunder. It shall be unlawful for any person to engage in peddling, soliciting or itinerant merchandising for commercial gain without having first obtained said license except as provided in subsection 3-9-4(H) of this chapter. (Ord. 10-55, 7-20-2010) Sterling Codifiers, Inc.https://sterlingcodifiers.com/codebook/printnow.php 1 of 6 6/11/2019, 4:45 PM Village of Oswego - current solicitor regulations 3-9-3: APPLICATION FOR LICENSE: (A) Application for a license shall be made upon a form provided by the village's police department and filed with such department. The applicant shall truthfully state in full the information requested on the application including: 1. Name, address of present place of residence of applicant, length of residence at such address, business address if other than residence address, and social security number; 2. Address of place of residence of applicant during the past three (3) years if other than present address; 3. State issued photo ID card for proof of identity and verification of age of the applicant; 4. Physical description of applicant; 5. Name and address of the person, firm, corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation; 6. Name and address of employer of the applicant during the past three (3) years if other than the present employer; 7. Description sufficient for identification of the subject matter of the peddler, solicitor or itinerant merchant which the applicant will engage in; 8. Period of time for which license is applied for; 9. The date, or approximate date, of the latest previous application for license under this chapter, if any; 10. Whether a license issued to the applicant under this chapter has ever been denied or revoked; 11. Whether the applicant has ever been convicted of a violation of any of the provisions of this chapter or an ordinance of any other Illinois municipality regulating peddling, soliciting, or itinerant merchandising; 12. Whether the applicant has ever been convicted of a felony under the laws of the State of Illinois or any other State or Federal law of the United States; 13. The applicant shall provide a full set of fingerprints for the purposes of conducting a background investigation. (B) All statements made by the applicant upon the application or in connection therewith shall be under oath. (C) The Chief of Police or designee shall require applicants to submit to fingerprinting by the Police Department in connection with the application for license. (Ord. 10-55, 7-20-2010) Sterling Codifiers, Inc.https://sterlingcodifiers.com/codebook/printnow.php 2 of 6 6/11/2019, 4:45 PM (D) The Chief of Police or designee shall cause to be kept in his/her office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all licenses issued under the provisions of this chapter and of the denial of applications. (Ord. 17-36, 8-1-2017) (E) No license shall be issued to any person who has been convicted of a felony under the laws of the State of Illinois or any other State or Federal law of the United States, within five (5) years of the date of the application; nor to any person who has an active, unpaid violation or conviction of any provision of this chapter, nor to any person whose license hereunder has previously been revoked as herein provided, nor to any person convicted of a crime involving dishonesty, fraud, deception or similar offense. (Ord. 10-55, 7-20-2010) 3-9-4: LICENSE FEES: (A) Monthly Or Annual License: Any applicant seeking a license hereunder may apply for a license monthly (1 month) or annually (1 year), which fees shall be as follows: Annual $100.00 Monthly 50.00 (B) Number Of Applicants Covered: The annual and monthly fee shall be applied to each license listing up to five (5) applicants. An additional five dollars ($5.00) per person shall apply to the sixth and each consecutive applicant per license. (C) Fingerprint Fee: A fingerprint fee of forty dollars ($40.00) per person for a fingerprint of nonresident or nonbusiness owner(s) shall apply to each person listed in a license application. An additional fee, per person, will apply for all Livescan fingerprint submittals; said fee amount will be determined by the Illinois State Police. (Ord. 15-61, 10-20-2015) (D) Nonrefundable: All fees are nonrefundable and shall be paid at the time application is made. (E) Prior Payment: No license shall be issued without prior payment of fees. (F) Insurance Companies: No license fee shall be required of insurance companies or their agents. (G) Bond Required; Itinerant Merchant: 1. Itinerant merchants shall be required to file with the Chief of Police or designee a surety bond or a cash deposit in an amount not less than fifty percent (50%) of the wholesale value of the merchandise that the applicant intends to offer for sale. Such bond or deposit to be held for the benefit of any person who suffers loss or damage as a result of the purchase of Sterling Codifiers, Inc.https://sterlingcodifiers.com/codebook/printnow.php 3 of 6 6/11/2019, 4:45 PM merchandise from said person licensed under this chapter or as the result of the negligent or intentionally tortuous act of the person licensed under this chapter. Action on the bond or deposit may be brought by any person. Surety bonds may not expire sooner than two (2) years from December 31 following the issuance of the license under this chapter. The Village shall transfer the bond or deposit to the Attorney General of the State of Illinois within fourteen (14) days after the applicant ceases to do business in the Village, pursuant to the law. 2. No license shall be issued until the surety bond or cash deposit has been filed with the Chief of Police or designee. (H) Exemptions: 1. Prior Invitation: Any person who, for the purposes of selling or taking orders for sale of merchandise or services, has been previously invited by the occupant of a residence to call thereon. 2. Newspaper, Book And Periodical Vendors: Any person who sells or distributes any newspaper, book or other periodical. 3. Farmer, Fruit And Vine Grower And Gardener: Any farmer, fruit and vine grower or gardener, who sells the products of their own farm, orchard, vineyard or garden, provided he does not obstruct streets, sidewalks or other public places within the Village. 4. Nonprofit Organizations: Any person engaged in peddling or soliciting which is not prohibited by law on behalf of a charitable, religious or nonprofit organization organized as a not for profit corporation under State or Federal law. 5. First Amendment Activities: Any person exercising their first amendment rights, including the free exercise of religion, the freedom of speech or press, the right of assembly and not engaged in peddling, soliciting or itinerant merchandising for commercial gain. (Ord. 10-55, 7-20-2010) 3-9-5: ISSUANCE OF LICENSE: Upon receipt of any application for a license hereunder, the Chief of Police or designee shall, within three (3) business days of the applicant submitting to fingerprinting at the Village of Oswego Police Department, issue the license to any applicant hereunder, provided that the applicant has complied with all application requirements, paid all fees pursuant to this chapter, and no grounds exist to deny the license pursuant to subsection 3-9-3(E) of this chapter. If any application for a license is denied, the Chief of Police or designee shall so notify the applicant in writing by stating the specific reason(s) for such denial. An annual license shall be valid for a period of one (1) year from the date in which said license is issued. A monthly license shall be valid for a period of thirty (30) days from the date of its issuance. Any license issued hereunder shall be nontransferable and shall not be prorated. (Ord. 10-55, 7-20-2010) Sterling Codifiers, Inc.https://sterlingcodifiers.com/codebook/printnow.php 4 of 6 6/11/2019, 4:45 PM 3-9-6: PENALTIES: Any person found liable/guilty by a preponderance of the evidence of a violation of this chapter in an administrative/judicial hearing shall be subject to a Class IV fine, plus applicable hearing costs, as provided in subsection 1-4-3(G) of this Code. (Ord. 10-55, 7-20-2010) 3-9-7: NOTICE REGULATING PEDDLING AND SOLICITING: Every person desiring to secure the protection intended to be provided by the regulations pertaining to peddling and soliciting contained in this chapter shall comply with the following directions: (A) Any owner or resident may restrict peddling and/or soliciting or limit the hours during which peddlers and/or solicitors are invited to his or her residence by posting that intention as provided in this section. (Ord. 10-55, 7-20-2010) (B) Notice of the determination by the occupant of the refusal of invitation to peddlers and/or solicitors or a restriction to peddlers and/or solicitors or a restriction on hours during which peddlers and/or solicitors are invited at any residence, shall be given in the following manner: 1. A weatherproof card, approximately three inches by four inches (3" x 4") in size, shall be exhibited upon or near the main entrance door to the residence, indicating the determination of the occupant, in substantially the following: NO PEDDLERS AND/OR SOLICITORS INVITED or PEDDLING AND/OR SOLICITING LIMITED TO THE HOURS OF . 2. The letters shall be at least one-third inch (1/3") in height. 3. Such card, or similar sign, so exhibited shall constitute notice to any peddler and/or solicitor of the determination by the occupant of the residence of the information contained thereon. (Ord. 17-36, 8-1-2017) 3-9-8: DUTY OF PEDDLERS AND SOLICITORS: (A) It shall be the duty of every peddler and solicitor upon going onto any premises in the Village to first examine the notice provided for in section 3-9-7 of this chapter, if any is given or attached, and be governed by the statement contained on the notice. It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, in defiance of the notice exhibited at the residence in accordance with the provisions of section 3-9-7 of this chapter. If the peddler or solicitor is calling during a time when the resident has restricted peddling and/or solicitation or a notice pursuant to section Sterling Codifiers, Inc.https://sterlingcodifiers.com/codebook/printnow.php 5 of 6 6/11/2019, 4:45 PM 3-9-7 of this chapter is posted, then the peddler or solicitor whether registered or not, shall immediately and peacefully depart from the premises. Any peddler or solicitor who has gained entrance to or who is on any premises, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. Peddling and soliciting on streets or ways or in public areas is expressly prohibited. (Ord. 10-55, 7-20-2010; amd. Ord. 15-61, 10-20-2015) (B) Any person licensed pursuant to this chapter shall, at all times while engaged in the activities defined herein, keep said license in his possession and shall display the same upon the demand of any police officer or upon the request of any person whose premises he seeks to enter. (Ord. 10-55, 7-20-2010) 3-9-9: TIME LIMIT ON PEDDLING AND SOLICITING: It is hereby declared to be unlawful and shall constitute a nuisance for any person whether registered under this chapter or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purposes of securing an audience with the occupant thereof and engage in "peddling", or "soliciting" as herein defined, before nine o'clock (9:00) A.M. or after seven o'clock (7:00) P.M., Monday through Friday, or prior to nine o'clock (9:00) A.M. or after five o'clock (5:00) P.M. on Saturday, or at any time on a Sunday or on a State or national holiday. (Ord. 10-55, 7-20-2010) 3-9-10: LIMITATIONS ON PEDDLING AND SOLICITING IN STREETS: No person shall stand on a highway within the Village for the purpose of soliciting contributions or selling anything to occupants of any vehicle. (Ord. 15-61, 10-20-2015) Sterling Codifiers, Inc.https://sterlingcodifiers.com/codebook/printnow.php 6 of 6 6/11/2019, 4:45 PM Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Administration Committee #2 Tracking Number ADM 2019-37 Monthly Treasurer’s Report for June and July 2019 City Council – August 27, 2019 ADM 08-21-19 Moved forward to City Council agenda. ADM 2019-37 Majority Approval Rob Fredrickson Finance Name Department June Revenues YTD Revenues Revenue Budget % of Budget June Expenses YTD Expenses Expense Budget % of Budget General Fund01 - General 2,640,449$ 3,999,104$ 16,469,238$ 24% 1,362,806$ 2,632,282$ 16,469,238$ 16%Special Revenue Funds15 - Motor Fuel Tax 39,952 83,416 534,904 16% 6,149 12,298 718,788 2%79 - Parks and Recreation 195,362 458,878 2,244,988 20% 174,655 395,985 2,343,405 17%72 - Land Cash 3,231 409,347 58,435 701% - - 104,850 0%87 - Countryside TIF 64,536 64,632 232,318 28% 939 54,541 923,808 6%88 - Downtown TIF 30,835 39,502 80,000 49% 222,088 225,399 426,484 53%89 - Downtown TIF II 9,875 11,875 - 0% - - 35,000 0%11 - Fox Hill SSA 5,793 6,935 13,381 52% - - 30,977 0%12 - Sunflower SSA 7,632 8,915 18,140 49% - - 13,977 0%Debt Service Fund42 - Debt Service 27,988 55,153 324,025 17% 16,775 16,775 324,025 5%Capital Project Funds25 - Vehicle & Equipment 15,428 42,655 161,112 26% 6,491 12,982 295,470 4%23 - City-Wide Capital 222,653 247,830 3,922,029 6% 26,281 99,373 4,548,408 2%Enterprise Funds *51 - Water 717,403 804,785 4,699,931 17% 199,818 396,832 5,770,144 7%*52 - Sewer 300,429 379,007 2,149,679 18% 185,788 234,644 2,538,097 9%Library Funds82 - Library Operations 641,006 776,561 1,576,751 49% 138,204 221,507 1,620,345 14%84 - Library Capital 4,479 14,341 50,100 29% 2,241 2,241 75,500 3%Total Funds 4,927,051$ 7,402,937$ 32,535,031$ 23% 2,342,234$ 4,304,859$ 36,238,516$ 12%* Fund Balance EquivalencyRob Fredrickson, Finance Director/TreasurerUNITED CITY OF YORKVILLE TREASURER'S REPORT - for the month ending June 30, 2019Cash BasisAs Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. Beginning Fund Balance (unaudited) July Revenues YTD Revenues Revenue Budget % of Budget July Expenses YTD Expenses Expense Budget % of Budget Projected Ending Fund Balance General Fund01 - General 6,879,816$ 994,046$ 4,993,150$ 16,469,238$ 30% 1,082,394$ 3,700,678$ 16,469,238$ 22% 8,172,288$ Special Revenue Funds15 - Motor Fuel Tax 635,380 36,243 119,659 534,904 22% 473,852 486,150 718,788 68% 268,889 79 - Parks and Recreation 452,913 224,445 683,322 2,244,988 30% 204,083 600,068 2,343,405 26% 536,168 72 - Land Cash 211,832 4,410 413,757 58,435 708% - - 104,850 0% 625,589 87 - Countryside TIF (422,460) 619 65,252 232,318 28% 1,064 55,606 923,808 6% (412,814) 88 - Downtown TIF (1,024,517) 406 39,908 80,000 50% 3,354 228,753 426,484 54% (1,213,363) 89 - Downtown TIF II (2,736) 271 12,146 - 0% 753 753 35,000 2% 8,658 11 - Fox Hill SSA 10,484 200 7,135 13,381 53% 2,357 2,357 30,977 8% 15,261 12 - Sunflower SSA (22,625) 294 9,209 18,140 51% 4,275 4,275 13,977 31% (17,691) Debt Service Fund42 - Debt Service - 29,236 84,389 324,025 26% - 16,775 324,025 5% 67,614 Capital Project Funds25 - Vehicle & Equipment 496,041 22,620 65,275 161,112 41% 6,491 33,471 496,470 7% 527,845 23 - City-Wide Capital 629,427 25,651 273,481 3,922,029 7% 114,367 213,740 4,548,408 5% 689,169 Enterprise Funds *51 - Water 3,533,027 84,315 889,100 4,699,931 19% 181,381 578,213 5,770,144 10% 3,843,914 *52 - Sewer 1,110,251 71,825 450,832 2,149,679 21% 61,621 296,265 2,538,097 12% 1,264,818 Library Funds82 - Library Operations 554,270 31,777 808,337 1,576,751 51% 55,325 276,832 1,620,345 17% 1,085,775 84 - Library Capital 83,260 7,356 21,697 50,100 43% 4,408 6,649 75,500 9% 98,308 Total Funds 13,124,363$ 1,533,713$ 8,936,650$ 32,535,031$ 27% 2,195,725$ 6,500,584$ 36,439,516$ 18% 15,560,429$ * Fund Balance EquivalencyRob Fredrickson, Finance Director/TreasurerUNITED CITY OF YORKVILLE TREASURER'S REPORT - for the month ending July 31, 2019Cash BasisAs Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Administration Committee #3 Tracking Number ADM 2019-42 Fiscal Year 2019 – Fox Hill SSA Budget Amendment City Council – August 27, 2019 ADM 08-21-19 Moved forward to City Council agenda. ADM 2019-42 Supermajority (6 out of 9) Approval Please see attached memo. Rob Fredrickson Finance Name Department For Fiscal Year Ended 2019, all City Funds, less one, are expected to come in under budget, including all major operating funds (General, Water, Sewer, Library, Parks & Recreation, etc.). The lone exception is the (11) Fox Hill SSA Fund, which is anticipated to go slightly over budget by $618 in its outside repair and maintenance (11-111-54-00-5495) line item ($6,000 budgeted v. $6,618 actual). The overage is due to the timing of fertilizer and weed prevention treatments of the common areas that the City mows and maintains. As has been the City’s past practice, Funds that nominally exceed their budgetary amounts due to explanatory circumstance have been amended, per the recommendation of the City’s auditors, to better reflect the changing plans of management/City Council and to avoid auditor comment. Although this may seem a bit “after the fact” to amend the 2019 budget after the fiscal year has ended, not doing so will result in the same audit comment that we received in the 2012 CAFR (included in the attached packet). Budget worksheets have been attached for the (11) Fox Hill SSA Fund, showing the Fiscal Year 2019 original and proposed budgetary changes (highlighted in yellow). The amended budget amounts are derived from FY 2019 actual expenditures (unaudited). A budget ordinance has also been attached for your review and consideration. Memorandum To: Administration Committee From: Rob Fredrickson, Finance Director Date: August 14, 2019 Subject: Fiscal Year 2019 Proposed Budget Amendment Ordinance No. 2019-____ Page 1 Ordinance No. 2019-____ AN ORDINANCE AUTHORIZING THE THIRTEENTH AMENDMENT TO THE ANNUAL BUDGET OF THE UNITED CITY OF YORKVILLE, FOR THE FISCAL YEAR COMMENCING ON MAY 1, 2018 AND ENDING ON APRIL 30, 2019 WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to 65 ILCS 5/8-2-9.4, the City adopted Ordinance No. 2018-26 on April 10, 2018 adopting an annual budget for the fiscal year commencing on May 1, 2018 and ending on April 30, 2019; and, WHEREAS, pursuant to 65 ILCS 5/8-2-9.6, by a vote of two-thirds of the members of the corporate authorities then holding office, the annual budget of the United City of Yorkville may be revised by deleting, adding to, changing or creating sub-classes within object classes and object classes themselves. No revision of the budget shall be made increasing the budget in the event funds are not available to effectuate the purpose of the revision; and, WHEREAS, funds are available to effectuate the purpose of this revision. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the amounts shown in Schedule A, attached hereto and made a part hereof by reference, increasing and/or decreasing certain object classes and decreasing certain fund balances in the Fox Hill SSA fund with respect to the United City of Yorkville’s 2018-2019 Budget are hereby approved. Section 2: This ordinance shall be in full force and effect from and after its passage and approval according to law. Ordinance No. 2019-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ______ day of ___________________, 2019. ______________________________ CITY CLERK KEN KOCH ________ DAN TRANSIER ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ______ day of ___________________, 2019. ______________________________ MAYOR FY 2019 FY 2019 FY 2016 FY 2017 FY 2018 Adopted Amended Actual Actual Actual Budget Budget Revenue Taxes 7,072 7,263 9,366 13,381 13,381 Other Financing Sources - 22,000 - - - Total Revenue 7,072 29,263 9,366 13,381 13,381 Expenditures Contractual Services 26,314 10,741 17,552 8,835 9,455 Total Expenditures 26,314 10,741 17,552 8,835 9,455 Surplus (Deficit)(19,242)18,522 (8,186)4,546 3,926 Ending Fund Balance (3,780)14,742 6,556 9,954 10,482 -14.4%137.2%37.4%112.7%110.9% FOX HILL SSA FUND (11) This fund was created for the purpose of maintaining the common areas of the Fox Hill Estates (SSA 2004-201) subdivision. Revenues for the fund are derived from property taxes levied on homeowners in the subdivision. ($5) $0 $5 $10 $15 $20 ThousandsFund Balance 1 11 FY 2016 FY 2017 FY 2018 FY 2019 FY 2019 Account Actual Actual Actual Adopted Amended 11-000-40-00-4000 PROPERTY TAXES 7,072 7,263 9,366 13,381 13,381 11-000-49-00-4910 SALE OF CAPITAL ASSETS - 22,000 - - - $0 $0 $0 $7,263 $7,072 $29,263 Other Financing Sources Total:Other Financing Sources $0 $22,000 United City of Yorkville Fox Hill Special Service Area Fund $9,366 $9,366 $13,381 $13,381Total: FOX HILL SSA REVENUE Taxes $7,072Total:Taxes $13,381 $13,381 FOX HILL SSA FUND REVENUE Description 2 111 FY 2016 FY 2017 FY 2018 FY 2019 FY 2019 Account Actual Actual Actual Adopted Amended 11-111-54-00-5417 TRAIL MAINTENANCE 21,141 - - - - 11-111-54-00-5462 PROFESSIONAL SERVICES - - 2,138 2,835 2,835 11-111-54-00-5495 OUTSIDE REPAIR & MAINTENANCE 5,173 10,741 15,414 6,000 6,620 $10,741$26,314 $8,835Total:Contractual Services FOX HILL SSA EXPENDITURES Description Contractual Services $17,552 United City of Yorkville Fox Hill Special Service Area Fund $9,455 $9,455Total: FOX HILL SSA EXPENDITURES $26,314 $8,835$17,552$10,741 3 UNITED CITY OF YORKVILLE, ILLINOIS Notes to the Financial Statements April 30, 2012 27 NOTE 2 – STEWARDSHIP, COMPLIANCE, AND ACCOUNTABILITY –Continued BUDGETARY INFORMATION –Continued The City follows these procedures in establishing the budgetary data reflected in the financial statements: Prior the May 1, the Mayor submits to the City Council the proposed budget for the fiscal year commencing the following May1. The operating budget includes proposed expenditures and the means of financing them. Public hearings are conducted at the City offices to obtain taxpayer comments. Prior to May 1, the budget is legally adopted by a vote of the City Council through passage of an ordinance. The budget officer is authorized to transfer budgeted amounts between departments within any fund; however, any revisions that alter the total expenditures of any fund must be approved by the City Council. EXCESS OF ACTUAL EXPENDITURES OVER BUDGET IN INDIVIDUAL FUNDS The following funds had an excess of actual expenditures over budget as of the date of this report: Fund Fox Hill Special Service Area $ 860 Land Cash 35,836 Countryside TIF 42 Municipal Building 750 Excess DEFICIT FUND EQUITY The following funds had deficit fund equity as of the date of this report: Fund Land Cash $ 294,778 Municipal Building 579,374 Recreation Center 220,001 Deficit Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Administration Committee #4 Tracking Number ADM 2019-43 Resolution Approving the Declaration of Trust of the Illinois Trust City Council – August 27, 2019 ADM 08-21-19 Moved forward to City Council agenda. ADM 2019-43 Majority Approval Please see attached memo. Rob Fredrickson Finance Name Department Summary Adopt a resolution approving the Declaration of Trust of the Illinois Trust (Exhibit B) and authorize certain officials (Finance Director and City Administrator) to act on the City’s behalf. Background Illinois Trust is a diversified, actively managed investment trust specifically designed to meet the short-term cash and investment needs of municipalities, school districts and other local governments. The Trust is managed by PFM Asset Management LLC (SEC Registered Advisor) and currently has over $1.3 billion in assets under management in Illinois ($125.7 billion nationwide). In addition, Illinois Trust and has over 180 governmental clients across the State, including the nearby municipalities of Oswego, Montgomery, Geneva and North Aurora. Illinois Trust is comprised of two investment vehicles within their Illinois Portfolio: the IIIT Class and Illinois Term. The IIIT Class, commonly referred to as the Illinois Trust Local Government Investment Pool (LGIP), is a stable government investment pool, that provides daily liquidity and seeks to maintain a constant net asset value of $1 per share (i.e. preserve principal). The Illinois Trust LGIP is rated AAAm (highest rating) by Standard & Poor’s Global Ratings (please see Exhibit C), which demonstrates an extremely strong capacity to maintain principal stability and to limit exposure to principal losses due to credit risk. Furthermore, only Illinois statutory approved investments comprise the portfolio of the Illinois Trust LGIP (please see Exhibit D). The Illinois Trust LGIP is similar in both form and composition to the Illinois Funds (both Funds are rated AAAm by S&P) and would be an appropriate alternative to the Illinois Funds, depending on each Funds respective yields. The second investment vehicle within Illinois Trust is the Illinois Term (AAAf rated by Fitch Ratings Inc.) option; whereby funds can be invested for a fixed period of time ranging from 60 days to one year. In addition to the investment offerings listed above, Illinois Trust also offers the option of investing in FDIC insured Certificates of Deposit (Bank CD’s). This provides additional options for the City, as staff can compare CD rate offerings between Illinois Trust and PMA (current broker), in order to maximize return over a given time period. Recommendation Staff recommends approval of the attached resolution (Exhibit A). Memorandum To: Administration Committee From: Rob Fredrickson, Finance Director Date: April 9, 2019 Subject: Illinois Trust – Investment Options Resolution No. 2019-____ Page 1 RESOLUTION No. 2019-_____________ A RESOLUTION APPROVING THE DECLARATION OF TRUST OF THE ILLINOIS TRUST (FORMERLY KNOWN AS THE ILLINOIS INSTITUTIONAL INVESTORS TRUST) AND AUTHORIZING THE EXECUTION THEREOF, AND AUTHORIZING CERTAIN OFFICIALS TO ACT ON BEHALF OF THE UNITED CITY OF YORKVILLE WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the Mayor and City Council (the “Corporate Authorities”) of the United City of Yorkville (the “Agency”) have been presented with and reviewed the Declaration of Trust dated October 18, 2002 (the “Declaration of Trust”); and, WHEREAS, the Declaration of Trust creates a common law trust (the “Trust”) to provide an instrumentality and agency through which public agencies organized under the laws of the State of Illinois may jointly act, agree, and cooperate in accordance with the laws of the State of Illinois in the performance of their responsibilities to invest available funds so as to enhance their investment opportunities pursuant to an investment program conducted in accordance with the laws of the State of Illinois, from time to time in effect, governing the investment of the funds of public agencies; and, WHEREAS, the Corporate Authorities of the Agency have also been presented with and reviewed the appropriate Information Statement providing detailed information about the investment objectives, organization, structure, and operation of the Trust and its investment opportunities; and, WHEREAS the Agency is a public agency and unit of local government within the meaning of Section 10 of Article VII of the 1970 Constitution of the State of Illinois (the “Illinois Constitution”), the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., and the Public Funds Investment Act, 30 ILCS 235/0.01, et seq., and is authorized to enter into intergovernmental agreements, including the Declaration of Trust, pursuant to, inter alia, the provisions of Section 10, Article VII of the Illinois Constitution, the Intergovernmental Cooperation Act, and the Public Funds Investment Act; and, WHEREAS, the Agency does hereby find that by entering into the Declaration of Trust and becoming a Participant (as such term is defined in Section 1.4 of the Declaration of Trust) in the Trust, it shall be better able to perform its responsibility to invest its funds in accordance with the laws of the State of Illinois; and, WHEREAS, the Agency does hereby find and declare that it is in the best interest of the residents of the Agency that the Agency enter into the Declaration of Trust, become a Participant of the Trust, and use the Trust’s services from time to time at the discretion of the Finance Director. NOW THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Resolution No. 2019-____ Page 2 Section 1. The facts and statements contained in the preamble to this Resolution are hereby found to be true and correct and are hereby adopted as part of this Resolution Section 2. The terms and conditions of the Declaration of Trust are hereby approved, and the Agency is hereby authorized to become a Participant in the Trust. The persons listed below are authorized to execute said Declaration of Trust and enter into the Intergovernmental Agreement, and said persons are duly authorized present incumbents of said offices; and actual samples of their respective signatures are listed below: _______________________ _________________________ __________________________ Print Name Title Signature _______________________ _________________________ __________________________ Print Name Title Signature Section 3. This resolution shall be in full force and effect from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ________ day of ______________________, 2019. ______________________________ CITY CLERK KEN KOCH ________ DAN TRANSIER ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ________ day of ______________________, 2019. ______________________________ MAYOR Resolution No. 2019-____ Page 3 I hereby certify that the foregoing is a full, true and complete transcript of a Resolution that was adopted at the meeting held on ______________________, 2019. I do further certify that the deliberations of the Mayor and City Council on the adoption of said Resolution were conducted openly, that the vote on the adoption of said Resolution was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, and that the Mayor and City Council has complied with said Act and with all of the procedural rules of the Mayor and City Council. I do further certify that such Resolution is in full force and effect as of the date hereof, and that such Resolution has not been modified, amended, or rescinded since its adoption. _______________________________ City Clerk Date: __________________________ An Illinois Entity formed pursuant to the 1970 Constitution of the State of Illinois, the Intergovernmental Cooperation Act, and the Public Funds Investment Act. ILLINOIS INSTITUTIONAL INVESTORS TRUST DECLARATION OF TRUST October 18, 2002 Amended and Restated April 26, 2007 TABLE OF CONTENTS PAGE ARTICLE I. THE FUND......................................................................................................3 Section 1.1. Name....................................................................................................3 Section 1.2. Purpose; Only Public Agencies to Be Participants..............................3 Section 1.3. Location...............................................................................................3 Section 1.4. Nature of Fund and Declaration of Trust.............................................4 Section 1.5. Definitions............................................................................................4 ARTICLE II. POWERS OF THE TRUSTEES......................................................................6 Section 2.1. General.................................................................................................6 Section 2.2. Legal Title............................................................................................7 Section 2.3. Disposition of Assets...........................................................................8 Section 2.4. Taxes....................................................................................................8 Section 2.5. Rights as Holders of Fund Property.....................................................8 Section 2.6. Delegation; Committees.......................................................................8 Section 2.7. Collection.............................................................................................8 Section 2.8. Payment of Expenses...........................................................................9 Section 2.9. Borrowing and Indebtedness................................................................9 Section 2.10. Deposits................................................................................................9 Section 2.11. Valuation..............................................................................................9 Section 2.12. Fiscal Year;........................................................................................10 Section 2.13. Concerning the Fund and Certain Affiliates......................................10 Section 2.14. Investment Program...........................................................................11 Section 2.15. Power to Contract, Appoint, Retain and Employ ..............................11 Section 2.16. Insurance............................................................................................12 Section 2.17. Indemnification..................................................................................12 Section 2.18. Remedies............................................................................................12 Section 2.19. Information Statement .......................................................................12 Section 2.20. Further Powers...................................................................................12 ARTICLE III. THE INVESTMENT ADVISER, THE ADMINISTRATOR, THE DISTRIBUTOR AND THE INDEPENDENT ACCOUNTANT .................12 Section 3.1. Appointment of Adviser, Administrator and Distributor...................12 -i- Section 3.2. Duties of the Adviser.........................................................................12 Section 3.3. Duties of the Administrator ...............................................................12 Section 3.4. Duties of the Distributor....................................................................13 Section 3.5 Successors..........................................................................................13 Section 3.6. Appointment and Duties of the Independent Accountant..................13 ARTICLE IV. INVESTMENTS............................................................................................13 Section 4.1. Statement of Investment Policy and Objective..................................13 Section 4.2. Permitted Investments........................................................................13 Section 4.3. Restrictions Fundamental to the Fund...............................................14 Section 4.4. Amendment of Restrictions...............................................................15 ARTICLE V. LIMITATIONS OF LIABILITY...................................................................16 Section 5.1. Liability to Third Persons..................................................................16 Section 5.2. Liability to the Fund or to the Participants........................................16 Section 5.3. Indemnification..................................................................................16 Section 5.4. Surety Bonds......................................................................................17 Section 5.5. Apparent Authority............................................................................17 Section 5.6. Recitals...............................................................................................17 Section 5.7. Reliance on Experts, Etc....................................................................17 ARTICLE VI. CHARACTERISTICS OF SHARES.............................................................18 Section 6.1. Beneficial Interest..............................................................................18 Section 6.2. Rights of Participants.........................................................................18 Section 6.3. Series or Class Designation ...............................................................18 Section 6.4. Allocation of Shares...........................................................................18 Section 6.5. Evidence of Share Allocation............................................................19 Section 6.6. Redemption to Maintain Constant Net Asset Value..........................19 Section 6.7. Redemptions ......................................................................................19 Section 6.8. Suspension of Redemption; Postponement of Payment ....................19 Section 6.9. Minimum Redemption.......................................................................20 Section 6.10. Defective Redemption Requests........................................................20 ARTICLE VII. RECORD OF SHARES.................................................................................20 Section 7.1. Share Register....................................................................................20 Section 7.2. Registrar.............................................................................................21 Section 7.3. Owner of Record................................................................................21 -ii- Section 7.4. No Transfers of Shares.......................................................................21 Section 7.5. Limitation of Fiduciary Responsibility..............................................21 Section 7.6. Notices...............................................................................................21 ARTICLE VIII. TRUSTEES AND OFFICERS ......................................................................21 Section 8.1. Number and Qualification..................................................................21 Section 8.2. Organizational Trustees.....................................................................22 Section 8.3. Term and Election..............................................................................22 Section 8.4. Resignation and Removal..................................................................23 Section 8.5. Vacancies...........................................................................................23 Section 8.6. By-Laws.............................................................................................24 ARTICLE IX. DETERMINATION OF NET ASSET VALUE AND NET INCOME DISTRIBUTIONS TO PARTICIPANTS......................................................24 Section 9.1. By-Laws to Govern Net Asset Value, Net Income and Distribution Procedures .....................................................................24 ARTICLE X. CUSTODIAN ................................................................................................24 Section 10.1. Duties.................................................................................................24 Section 10.2. Appointment ......................................................................................24 Section 10.3. Sub-Custodians..................................................................................24 Section 10.4. Successors..........................................................................................25 Section 10.5. Additional Custodians........................................................................25 ARTICLE XI. RECORDING OF DECLARATION OF TRUST.........................................25 Section 11.1. Recording...........................................................................................25 ARTICLE XII. AMENDMENT OR TERMINATION OF FUND; DURATION OF FUND.............................................................................................................25 Section 12.1. Amendment or Termination...............................................................25 Section 12.2. Power to Effect Reorganization.........................................................27 Section 12.3. Duration.............................................................................................27 ARTICLE XIII. MISCELLANEOUS......................................................................................27 Section 13.1. Governing Law..................................................................................27 Section 13.2. Counterparts.......................................................................................27 Section 13.3. Reliance by Third Parties...................................................................27 Section 13.4. Provisions in Conflict with Law........................................................27 Section 13.5. Gender; Section Headings..................................................................28 -iii- Section 13.6. Adoption by Public Agencies Electing to Become Additional Participants; Resignation of Participants...........................................28 -iv- THIS DECLARATION OF TRUST made as of the 18th day of October 2002, and as amended and restated as of April 26, 2007. W I T N E S S E T H WHEREAS, Section 10 of Article VII of the 1970 Constitution of the State of Illinois (the “Illinois Constitution”) provides, inter alia, that “Units of local government and school districts may contract or otherwise associate among themselves…to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or by ordinance,” and further provides that “Units of local government and school districts may contract and otherwise associate with individuals, associations, and corporations in any manner not prohibited by law or by ordinance”; and WHEREAS, Section 1 of Article VII of the Illinois Constitution provides that: “Municipalities” means cities, villages and incorporated towns. “Units of local government” means counties, municipalities, townships, special districts, and units, designated as units of local government by law, which exercise limited governmental powers or powers in respect to limited governmental subjects, but does not include school districts; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., (the “Intergovernmental Cooperation Act”) provides that “any power or powers, privileges, functions, or authority exercised or which may be exercised by a public agency of this State may be exercised, combined, transferred, and enjoyed jointly with any other public agency of this State…except where specifically and expressly prohibited by law”; 5 ILCS 220/3; and WHEREAS, the Intergovernmental Cooperation Act defines the term “public agency” as: Any unit of local government as defined in the Illinois Constitution of 1970, any school district, any public community college district, and public building commission, the State of Illinois, any agency of the state government or of the United States, or of any other state, any political subdivision of another state, and any combination of the above pursuant to an intergovernmental agreement which includes provisions for a governing body of the agency created by the agreement; and WHEREAS, the Public Funds Investment Act, 30 ILCS 235/0.01 et seq., (the “Public Funds Investment Act”) provides that “Any public agency may invest any public funds” in the authorized investments provided for in that Act, 30 ILCS 235/2; and WHEREAS, the Public Funds Investment Act defines the term “public agency” as follows: The words “public agency” as used in this Act, “mean the State of Illinois, the various counties, townships, cities, towns, villages, school districts, educational service regions, special rural districts, public water supply districts, fire protection districts, drainage districts, levy districts, sewer districts, housing authorities, the Illinois Bank Examiners Education Foundation, the Chicago Park District, and all other political corporations or subdivisions of the State of Illinois, now or hereafter created, whether herein specifically mentioned or not”; and WHEREAS, the Initial Participants are public agencies and units of local government within the meaning of the Illinois Constitution, the Intergovernmental Cooperation Act, and the Public Funds Investment Act, and are authorized to enter into this Declaration of Trust pursuant to, inter alia, the provision of Section 10, Article VII of the Illinois Constitution, the Intergovernmental Cooperation Act, and the Public Funds Investment Act; and WHEREAS, pursuant to such authority, the Initial Participants desire to enter into an agreement and thereby establish an entity for joint investment, pursuant to this Declaration of Trust, for the purpose of combining their respective available investment funds so as to enhance the investment opportunities available to them and increase the investment earnings accruing to the benefit of the Participants; and WHEREAS, pursuant to such authority, this Declaration of Trust is intended to be an agreement entered into for the purpose of better performing the Participants’ responsibility to invest the funds of their respective Public Agency in accordance with the Laws of the State of Illinois; and WHEREAS, this Declaration of Trust is intended to constitute an intergovernmental agreement pursuant to the authority conferred by the Illinois Constitution, the Intergovernmental Cooperation Act, and the Public Funds Investment Act; and WHEREAS, each of the Participants has duly taken all official action necessary and appropriate to become a party to this Declaration of Trust; and WHEREAS, it is proposed that the beneficial interest in the Fund’s assets shall be divided into non-transferable shares of beneficial interest, which shall be evidenced by a share register maintained by the Fund or its agent; and WHEREAS, the Participants anticipate that other Public Agencies may wish to become Participants by adopting this Declaration of Trust and thus becoming parties to it; NOW, THEREFORE, the Participants hereby declare that all money and property contributed to the Trust established under this Declaration of Trust shall be held and managed in trust for the proportionate benefit of the holders of record from time to time of shares of beneficial interest issued and to be issued hereunder, without privilege, priority or distinction among such holders, except as otherwise specifically provided herein, and subject to the terms, covenants, conditions, purposes and provisions hereof. ARTICLE I. THE FUND Section 1.1. Name. The name of the common law trust created by this Declaration of Trust shall be the Illinois Institutional Investors Trust (the “Fund”) and, so far as may be practicable, the Trustees shall conduct the Fund’s activities, execute all documents and sue or be sued under that name, which name (and the word “Fund” wherever used in this Declaration of Trust, except where the context otherwise requires) shall refer to the Trustees in their capacity as Trustees, and not individually or personally, and shall not refer to the officers, agents, employees, counsel, advisers, consultants, accountants or Participants of the Fund or of such Trustees. Should the Trustees determine that the use of such name is not practicable, legal or convenient, they may use such other designation or they may adopt such other name for the Fund as they deem proper, and the Fund may hold Property and conduct its activities under such designation or name. The Trustees shall take such action as they, acting with the advice of counsel, shall deem necessary or appropriate to file or register such name in accordance with the Laws of the State of Illinois or the United States of America so as to protect and reserve the right of the Fund in and to such name. The Trustees shall have full and complete power to change the name of the Fund at any time and from time to time, in their sole and absolute discretion, without the affirmative vote of a majority of the Participants entitled to vote as set forth in Article XII hereof, provided that notice of any such change of name shall be promptly given to the Participants. Section 1.2. Purpose; Only Public Agencies to Be Participants. (a) (b) The purpose of the Fund is to provide an instrumentality and agency through which Public Agencies organized under Laws of the State of Illinois, may jointly act, agree and cooperate in accordance with the Laws of the State of Illinois in the performance of their responsibilities to invest available funds so as to enhance their investment opportunities pursuant to an investment program conducted in accordance with the Laws of the State of Illinois, from time to time in effect, governing the investment of the funds of Public Agencies. Any Public Agency which is a Participant in this Agreement may authorize its treasurer or other duly authorized official to act on its behalf with respect to the funds of such Public Agency. No Public Agency shall become a Participant unless and until the governing board of such Public Agency has adopted this Declaration of Trust in accordance with Section 13.6(a) hereof. A Public Agency must make a minimum investment of $100.00 in the Fund to become a Participant and must maintain a minimum investment balance of $100.00 in the Fund in order for such Public Agency to exercise the rights and obligations of a Participant. A Participant whose minimum investment falls below $100.00 may again exercise the rights and obligations of a Participant during such times as its investment exceeds the minimum balance of $100.00 Section 1.3. Location. The Fund shall maintain an office of record in the State of Illinois and may maintain such other offices or places of business as the Trustees may from time to time determine. Section 1.4. Nature of Fund and Declaration of Trust. (a) (b) The Fund shall be a common law trust organized and existing under the Laws of the State of Illinois. The Fund is not intended to be, shall not be deemed to be, and shall not be treated as, a general partnership, limited partnership, joint venture, corporation, investment company or joint stock company. The Participants shall be beneficiaries of the Fund, and their relationship to the Trustees shall be solely in their capacity as Participants and beneficiaries in accordance with the rights conferred upon them hereunder. This Declaration of Trust is an agreement of indefinite term regarding the deposit, redeposit, investment, reinvestment and withdrawal of Public Agency funds within the meaning of the Laws of the State of Illinois. Section 1.5. Definitions. As used in this Declaration of Trust, the following terms shall have the following meanings unless the context hereof otherwise requires: “Administrator” shall mean any Person or Persons appointed, employed or contracted with by the Trustees under the applicable provisions of Section 3.1 hereof. “Administration Agreement” shall mean the agreement with the Administrator referred to in Section 3.3 hereof as the same may be amended from time to time. “Adviser” shall mean any Person or Persons appointed, employed or contracted with by the Trustees under the applicable provisions of Section 3.1 hereof. “Affiliate” shall mean, with respect to any Person, another Person directly or indirectly controlling, controlled by or under common control with such Person, or any officer, director, partner or employee of such Person. “Class” shall mean a category of the Shares of a Series or of the Fund if there are no Series, which category is authorized by the Trustees pursuant to Article VI hereof “Custodian” shall mean any Person or Persons appointed, employed or contracted with by the Trustees under the applicable provisions of Article X hereof. “Custodian Agreement” shall mean the agreement with a Custodian referred to in Article XI hereof as such agreement may be amended from time to time. “Declaration of Trust” shall mean this Declaration of Trust as amended, restated or modified from time to time. References in this Declaration of Trust to “Declaration,” “hereof,” “herein,” “hereby” and “hereunder” shall be deemed to refer to the Declaration of Trust and shall not be limited to the particular text, article or section in which such words appear. “Distributor” shall mean any Person or Persons appointed, employed or contracted with by the Trustees under the applicable provisions of Section 3.1 hereof. “Distribution Agreement” shall mean the agreement with the Distributor referred to in Section 3.4 as the same may be amended from time to time. “Fund” shall mean the common law trust created by this Declaration of Trust. “Fund Property” or “Property” shall mean, as of any particular time, any and all Property, real, personal or otherwise, tangible or intangible, which is transferred, conveyed or paid to the Fund or Trustees, and all income, profits and gains therefrom, and which, at such time, is owned or held by, or for the account of, the Fund or the Trustees. “Information Statement” shall mean the information statement or other descriptive document or documents adopted as such by the Trustees and distributed by the Fund to Participants and potential Participants of the Fund as the same may be amended by the Trustees from time to time. “Initial Participants” shall mean the Public Agencies which initially formed this Fund as of October 18, 2002 by the execution and adoption of this Declaration of Trust. “Investment Advisory Agreement” shall mean the agreement with the Adviser referred to in Section 3.2 hereof as the same may be amended from time to time. “Law” or “Laws” shall mean common law and all ordinances, statutes, rules, regulations, orders, injunctions, decisions, opinions or decrees of any government or political subdivision or agency thereof, or any court or similar entity established by any thereof. “Participants” shall mean the Public Agencies which are the Initial Participants and the Public Agencies which adopt this Declaration of Trust pursuant to Section 13.6(a) hereof. “Permitted Investments” shall mean the investments referred to in paragraphs (a) through (h) of Section 4.2 hereof. “Person” shall mean and include individuals, corporations, limited partnerships, general partnerships, joint stock companies or associations, joint ventures, associations, companies, trusts, banks, trust companies, land trusts, business trusts or other entities (whether or not legal entities) and governments and agencies and political subdivisions thereof, but shall not include the Trust. “Public Agency” or “Public Agencies” shall mean those units of local government, school districts, and political corporations or subdivisions of the State of Illinois which are authorized to enter into intergovernmental agreements pursuant to the provisions of Section 10 of Article VII of the Illinois Constitution and the Intergovernmental Cooperation Act, and which are authorized to invest their funds pursuant to the provisions of the Public Funds Investment Act. “Section 2” shall mean Section 2 of the Public Funds Investment Act, as heretofore amended, and as the same may be amended from time to time. “Series” shall mean a category of the Shares authorized by the Trustees pursuant to Article VI hereof. “Share” shall mean the unit used to denominate and measure the respective pro rata beneficial interests of the Participants in the Fund (or any Series or any Class thereof) as described in Article VI. “Share Register” shall mean the register of Shares maintained pursuant to Section 7.1 hereof. “Trustees” shall mean the Persons who become fiduciaries of the Fund pursuant to Article VIII hereof. ARTICLE II. POWERS OF THE TRUSTEES Section 2.1. General. (a) Subject to the rights of the Participants as provided herein, the Trustees shall have, without other or further authorization, full, exclusive and absolute power, control and authority over the Fund Property and over the affairs of the Fund to the same extent as if the Trustees were the sole and absolute owners of the Fund Property in their own right, and with such powers of delegation as may be permitted by this Declaration of Trust. The Trustees may do and perform such acts and things as in their sole judgment and discretion are necessary and proper for conducting the affairs of the Fund or promoting the interests of the Fund and the Participants. The enumeration of any specific power or authority herein shall not be construed as limiting the aforesaid general power or authority or any specific power or authority. The Trustees may exercise any power authorized and granted to them by this Declaration of Trust. Such powers of the Trustees may be exercised without the necessity of any order of, or resort to, any court. (b) The Trustees shall have the power to conduct, operate and provide an investment program for the investment of funds of Public Agencies; and for such consideration as they may deem proper and as may be required by Law, to subscribe for, invest in, reinvest in, purchase or otherwise acquire or otherwise deal in or dispose of investment instruments constituting “Permitted Investments” as described in Section 4.2. The Trustees shall have the power to enter into contracts and agreements with respect to the purchase and sale of permitted investments. (c) In the exercise of their powers, the Trustees shall not be limited, except as otherwise provided hereunder, to investing in Permitted Investments maturing before the possible termination of the Fund. Except as otherwise provided in this Declaration of Trust, the Trustees shall not be limited by any Law now or hereafter in effect limiting the investments which may be held or retained by trustees or other fiduciaries, and they shall have full authority and power to make any and all Permitted Investments within the limitations of this Declaration of Trust that they, in their absolute discretion, shall determine to be advisable and appropriate. The Trustees shall have no liability for loss with respect to Permitted Investments made within the terms of this Declaration of Trust, even though such investments shall be of a character or in an amount not considered proper for the investment of trust funds by trustees or other fiduciaries. The Trustees shall be permitted only to make Permitted Investments in accordance with Article IV of this Declaration of Trust. Section 2.2. Legal Title. Legal title to all of the Fund Property shall be vested in the Trustees on behalf of the Participants and be held by and transferred to the Trustees, except that the Trustees shall have full and complete power to cause legal title to any Fund Property to be held, on behalf of the Participants, by or in the name of the Fund, or in the name of any other Person as nominee, on such terms, in such manner, and with such powers as the Trustees may determine, so long as in their judgment the interest of the Fund is adequately protected. The right, title and interest of the Trustees in and to the Fund Property shall vest automatically in all persons who may hereafter become Trustees upon their due election and qualification without any further act. Upon the resignation, disability, removal, adjudication as an incompetent, or death of a Trustee, he (and in the event of his death, his estate) shall automatically cease to have any right, title or interest in or to any of the Fund Property, and the right, title and interest of such Trustee in and to the Fund Property shall vest automatically in the remaining Trustees without any further act. Section 2.3. Disposition of Assets. Subject in all respects to Article IV hereof, the Trustees shall have full and complete power to sell, exchange or otherwise dispose of any and all Fund Property free and clear of any and all trusts and restrictions, at public or private sale, for cash or on terms, with or without advertisement, and subject to such restrictions, stipulations, agreements and reservations as they shall deem proper, and to execute and deliver any deed, power, assignment, bill of sale, or other instrument in connection with the foregoing. The Trustees shall also have full and complete power, subject in all respects to Article IV hereof, and in furtherance of the affairs and purposes of the Fund, to give consents and make contracts relating to Fund Property or its use. Section 2.4. Taxes. The Trustees shall have full and complete power: (i) to pay all taxes or assessments, of whatever kind or nature, validly and lawfully imposed upon or against the Fund or the Trustees in connection with the Fund Property or upon or against the Fund Property or income or any part thereof; (ii) to settle and compromise disputed tax liabilities; and (iii) for the foregoing purposes to make such returns and do all such other acts and things as may be deemed by the Trustees to be necessary or desirable. Section 2.5. Rights as Holders of Fund Property. The Trustees shall have full and complete power to exercise on behalf of the Participants all of the rights, powers and privileges appertaining to the ownership of all or any Permitted Investments or other Property forming part of the Fund Property to the same extent that any individual might, and, without limiting the generality of the foregoing, to vote or give any consent, request or notice or waive any notice either in person or by proxy or power of attorney, with or without the power of substitution, to one or more Persons, which proxies and powers of attorney may be for meetings or actions generally, or for any particular meeting or action, and may include the exercise of discretionary powers. Section 2.6. Delegation; Committees. The Trustees shall have full and complete power (consistent with their continuing exclusive authority over the management of the Fund, the conduct of its affairs, their duties and obligations as Trustees, and the management and disposition of Fund Property) to delegate from time to time to such one or more of their number (who may be designated as constituting a Committee of the Trustees) or to officers, employees or agents of the Fund (including, without limitation, the Administrator, the Adviser and the Custodian) the doing of such acts and things and the execution of such instruments either in the name of the Fund, or the names of the Trustees or as their attorney or attorneys, or otherwise as the Trustees may from time to time deem expedient and appropriate in the furtherance of the business affairs and purposes of the Fund. Section 2.7. Collection. The Trustees shall have full and complete power: (i) to collect, sue for, receive and receipt for all sums of money or other property due to the Fund; (ii) to consent to extensions of the time for payment, or to the renewal of any securities, investments or obligations; (iii) to engage or intervene in, prosecute, defend, compromise, abandon or adjust by arbitration or otherwise any actions, suits, proceedings, disputes, claims, demands or things relating to the Fund Property; (iv) to foreclose any collateral, security or instrument securing any investments, notes, bills, bonds, obligations or contracts by virtue of which any sums of money are owed to the Fund; (v) to exercise any power of sale held by them, and to convey good title thereunder free of any and all trusts, and in connection with any such foreclosure or sales to purchase or otherwise acquire title to any property; (vi) to be parties to reorganization and to transfer to and deposit with any corporation, committee, voting trustee or other Person any securities, investments or of any Person which form a part of the Fund Property, for the purpose of such reorganization or otherwise: (vii) to participate in any arrangement for enforcing or protecting the interests of the Trustees as the owners or holders of such securities, investments or obligations and to pay any assessment levied in connection with such reorganization or arrangement; (viii) to extend the time (with or without security) for the payment or delivery of any debts or property and to execute and enter into releases, agreements and other instruments; and (ix) to pay or satisfy any debts or claims upon any evidence that the Trustees shall deem sufficient. Section 2.8. Payment of Expenses. The Trustees shall have full and complete power: (i) to incur and pay any charges or expenses which in the opinion of the Trustees are necessary or incidental to or proper for carrying out any of the purposes of this Declaration of Trust; (ii) to reimburse others for the payment therefor; and (iii) to pay appropriate compensation or fees from the funds of the Fund to Persons with whom the Fund has contracted or transacted business. The Trustees shall fix the compensation, if any, of all officers and employees of the Fund. The Trustees shall not be paid compensation for their general services as Trustees hereunder. The Trustees may pay themselves or any one or more of themselves reimbursement for expenses reasonably incurred by themselves or any one or more of themselves on behalf of the Fund. The Trustees may allocate such expenses among various Series and Classes in such manner and proportion as appropriate in the discretion of the Trustees. Section 2.9. Borrowing and Indebtedness. The Trustees shall not have the power to borrow money or incur indebtedness on behalf of the Fund, or authorize the Fund to borrow money or incur indebtedness, except as provided in paragraph (d) of Section 4.2 of this Declaration of Trust, but only if and to the extent permitted by Law. Section 2.10. Deposits. The Trustees shall have full and complete power to deposit, in such manner as may now and hereafter be permitted by Law, any moneys or funds included in the Fund Property, and intended to be used for the payment of expenses of the Fund or the Trustees, with one or more banks, trust companies or other banking institutions whether or not such deposits will draw interest. Such deposits are to be subject to withdrawal in such manner as the Trustees may determine, and the Trustees shall have no responsibility for any loss which may occur by reason of the failure of the bank, trust company or other banking institution with which the moneys, investments, or securities have been deposited. Each such bank, trust company or other banking institution shall comply, with respect to such deposit, with all applicable requirements of all applicable Laws including, but not limited to, the laws governing each participating Public Agency. Section 2.11. Valuation. The Trustees shall have full and complete power to determine in good faith conclusively the value of any of the Fund Property and to revalue the Fund Property. Section 2.12. Fiscal Year. The Trustees shall have full and complete power to determine the fiscal year of the Fund and the method or form in which its accounts shall be kept and from time to time to change the fiscal year or method or form of accounts. The Trustees may establish different fiscal years for the various Series as appropriate in the discretion of the Trustees. Section 2.13. Concerning the Fund and Certain Affiliates. (a) (b) The Fund may enter into transactions with any Affiliate of the Fund or of the Adviser, the Administrator, the Custodian or any Affiliate of any Trustee, officer, director, employee or agent of the Fund or of the Adviser, the Administrator, or the Custodian if (i) each such transaction (or type of transaction) has, after disclosure of such affiliation, been approved or ratified by the affirmative vote of a majority of the Trustees, including a majority of the Trustees who are not Affiliates of any Person (other than the Fund) who is a party to the transaction or transactions with the Fund and (ii) such transaction (or type of transaction) is, in the opinion of the Trustees, on terms fair and reasonable to the Fund and the Participants and at least as favorable to them as similar arrangements for comparable transactions (of which the Trustees have knowledge) with organizations unaffiliated with the Fund or with the Person who is a party to the transaction or transactions with the Fund. Except as otherwise provided in this Declaration of Trust or in the Laws of the State of Illinois, in the absence of fraud, a contract, act or other transaction, between the Fund and any other Person, or in which the Fund is interested, is valid and no Trustee, officer, employee or agent of the Fund has any liability as a result of entering into any such contract, act or transaction even though (i) one or more of the Trustees, officers, employees or agents of such other Person, or (ii) one or more of the Trustees, officers, employees, or agents of the Fund, individually or jointly with others, is a party or are parties to or directly interested in, or affiliated with, such contract, act or transaction, provided that (i) such interest or affiliation is disclosed to the Trustees and the Trustees authorize such contract, act or other transaction by a vote of a majority of the unaffiliated Trustees, or (ii) such interest or affiliation is disclosed to the Participants, and such contract, act or transaction is approved by a majority of the Participants. (c) (d) (e) (f) Any Trustee or officer, employee, or agent of the Fund may, in his personal capacity, or in a capacity as trustee, officer, director, stockholder, partner, member, agent, adviser or employee of any Person, have business interests and engage in business activities in addition to those relating to the Fund, which interests and activities may be similar to those of the Fund and include the acquisition, syndication, holding, management, operation or disposition of securities, investments and funds, for his own account or for the account of such Person. Each Trustee, officer, employee and agent of the Fund shall be free of any obligation to present to the Fund any investment opportunity which comes to him in any capacity other than solely as Trustee, officer, employee or agent of the Fund, even if such opportunity is of a character which, if presented to the Fund, could be taken by the Fund. Subject to the provisions of Article III hereof, any Trustee or officer, employee or agent of the Fund may be interested as trustee, officer, director, stockholder, partner, member, agent, adviser or employee of, or otherwise have a direct or indirect interest in, any Person who may be engaged to render advice or services to the Fund, and may receive compensation from such Person as well as compensation as Trustee, officer, employee or agent of the Fund or otherwise hereunder. None of the activities and interests referred to in this paragraph (d) shall be deemed to conflict with his duties and powers as Trustee, officer, employee or agent of the Fund. To the extent that any other provision of this Declaration of Trust conflicts with, or is otherwise contrary to the provisions of, this Section 2.13, the provisions of this Section 2.13 shall be deemed controlling. Notwithstanding the foregoing provisions of this Section 2.14, the Trustees shall not have the power to engage in any transaction with any Affiliate that would be inconsistent with the Laws of the State of Illinois concerning public ethics and conflicts of interest, and the By-Laws of the Fund may contain provisions more restrictive than those set forth in this Section 2.13. Section 2.14. Investment Program. The Trustees shall use their best efforts to obtain through the Adviser or other qualified persons a continuing and suitable investment program, consistent with the investment policies and objectives of the Fund set forth in Article IV of this Declaration of Trust, and the Trustees shall be responsible for reviewing and approving or rejecting the investment program presented by the Adviser or such other Persons. Subject to the provisions of Section 2.6 and Section 3.1 hereof, the Trustees may delegate functions arising under this Section 2.14 to one or more of their number or to the Adviser. The Trustees also shall have full and complete power to contract for or to otherwise obtain from or through the Adviser, the Administrator or other qualified Persons for the benefit of, and to make available to, the Participants of the Fund from time to time, additional investment and non-investment programs and services distinct from the Fund’s program of investments measured by Shares, but consistent with the investment goals and objectives of the Fund and the general purposes of this Declaration of Trust. The Trustees shall have the power to review and approve or reject, in their sole discretion, such additional investment and non-investment programs as may be presented to the Trustees by the Adviser, the Administrator or any other qualified Persons. Section 2.15. Power to Contract, Appoint, Retain and Employ. Subject to the provisions of Section 2.6 and Section 3.1 hereof with respect to delegation of authority by the Trustees, the Trustees shall have full and complete power to appoint, employ, retain, or contract with any Person of suitable qualifications and high repute (including one or more of themselves and any corporation, partnership, trust or other entity of which one or more of them may be an Affiliate, subject to the applicable requirements of Section 2.13 hereof) as the Trustees may deem necessary, or desirable for the transaction of the affairs of the Fund, or the transaction of the affairs of any additional investment programs or services or non-investment programs or services of any nature affiliated with the Fund or otherwise contracted for or by the Fund, including any Person or Persons who, under the supervision of the Trustees, may, among other things: (i) serve as the Fund’s investment adviser and consultant in connection with policy decisions made by the Trustees; (ii) serve as the Fund’s administrator; (iii) serve as the Fund’s distributor; (iv) furnish reports to the Trustees and provide research, economic and statistical data in connection with the Fund’s investments; (v) act as consultants, accountants, technical advisers, attorneys, brokers, underwriters, corporate fiduciaries, escrow agents, depositaries, custodians or agents for collection, insurers or insurance agents, registrars for Shares or in any other capacity deemed by the Trustees to be necessary or desirable; (vi) investigate, select and, on behalf of the Fund, conduct relations with Persons acting in such capacities and pay appropriate fees to, and enter into appropriate contracts with, or employ, or retain services performed or to be performed by, any of them in connection with the investments acquired, sold, or otherwise disposed of, or committed, negotiated, or contemplated to be acquired, sold or otherwise disposed of; (vii) substitute any other Person for any such Person; (viii) act as attorney-in-fact or agent in the purchase or sale or other disposition of investments, and in the handling, prosecuting or other enforcement of any lien or security securing investments; (ix) assist in the performance of such ministerial functions necessary in the management of the Fund as may be agreed upon with the Trustees; and (x) any of the foregoing as may be agreed upon by the Trustees with regard to any additional investment and non-investment programs and services for the benefit of the Participants. Section 2.16. Insurance. The Trustees shall have full and complete power to purchase and pay for, entirely out of Fund Property, insurance policies insuring the Fund and the Trustees, officers, employees and agents, of the Fund individually against all claims and liabilities of every nature arising by reason of holding or having held any such office or position, or by reason of any action alleged to have been taken or omitted by the Fund or any such Person as Trustee, officer, employee and agent, including any action taken or omitted that may be determined to constitute negligence, whether or not the Fund would have the power to indemnify such Person against such liability. Section 2.17. Indemnification. In addition to the mandatory indemnification provided for in Section 5.3 hereof, the Trustees shall have full and complete power, to the extent permitted by applicable Laws, to indemnify or enter into agreements with respect to indemnification with any Person with whom the Fund has dealings, including, without limitation, the Adviser, the Administrator and the Custodian, to such extent as the Trustees shall determine, subject to such limitations as may arise under law. Section 2.18. Remedies. Notwithstanding any provision in this Declaration of Trust, when the Trustees deem that there is a significant risk that an obligor to the Fund may default or is in default under the terms of any obligation to the Fund, the Trustees shall have full and complete power to pursue any remedies permitted by Law which, in their sole judgment, are in the interests of the Fund, and the Trustees shall have full and complete power to enter into any investment, commitment or obligation of the Fund resulting from the pursuit of such remedies as are necessary or desirable to dispose of property acquired in the pursuit of such remedies. Section 2.19. Information Statement. The Trustees shall have full and complete power to authorize the distribution of an Information Statement regarding the Fund which may be prepared by advisers to the Fund and to authorize the amendment of or supplement of the same from time to time. Section 2.20. Further Powers. The Trustees shall have full and complete power to take all such actions, do all such matters and things and execute all such instruments as they deem necessary, proper or desirable in order to carry out, promote or advance the interests and purposes of the Fund although such actions, matters or things are not herein specifically mentioned. Any determination as to what is in the best interests of the Fund made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. The Trustees shall not be required to obtain any court order to deal with the Fund Property. ARTICLE III. THE INVESTMENT ADVISER ,THE ADMINISTRATOR, THE DISTRIBUTOR AND THE INDEPENDENT ACCOUNTANT Section 3.1. Appointment of Adviser, Administrator and Distributor. The Trustees are responsible for the general investment policy and program of the Fund and for the general supervision and administration of the business and affairs of the Fund conducted by the officers, agents, employees, investment advisers, administrators, distributors, or independent contractors of the Fund. However, the Trustees are not required personally to conduct all of the routine business of the Fund and, consistent with their ultimate responsibility as stated herein, the Trustees may appoint, employ or contract with the Adviser as an investment adviser to the Fund, the Administrator as an administrator for the Fund, and the Distributor as the distribution agent for the Fund and may grant or delegate such authority to the Adviser, the Administrator (pursuant to the terms of Section 2.15 hereof), the Distributor or to any other Person the services of whom are obtained by the Adviser, the Administrator or the Distributor, as the Trustees may, in their sole discretion, deem necessary or desirable, for the efficient management of the Fund, without regard to whether such authority is normally granted or delegated by trustees or other fiduciaries. The same Person may serve simultaneously as the Administrator, as the Adviser and as the Distributor, but no Person serving as the Administrator, the Adviser or the Distributor may serve as the Custodian. Section 3.2. Duties of the Adviser. The duties of the Adviser shall be those set forth in the Investment Advisory Agreement to be entered into between the Fund and the Person or Persons designated pursuant to Section 3.1 as the Adviser. Such duties may be modified by the Trustees, from time to time, by the amendment of the Investment Advisory Agreement. Subject to Article IV hereof, the Trustees may authorize the Adviser to effect purchases, sales or exchanges of Fund Property on behalf of the Trustees or may authorize any officer, employee, agent or Trustee to effect such purchases, sales, or exchanges pursuant to recommendations of the Adviser, all without further action by the Trustees. Any and all of such purchases, sales, and exchanges shall be deemed to be authorized by all the Trustees. The Investment Advisory Agreement may authorize the Adviser to employ other persons to assist it in the performance of its duties. Section 3.3. Duties of the Administrator. The duties of the Administrator shall be those set forth in the Administration Agreement to be entered into between the Fund and the Person or Persons designated pursuant to Section 3.1 as the Administrator. Such duties may be modified by the Trustees, from time to time, by the amendment of the Administration Agreement. The Administration Agreement may authorize the Administrator to employ other persons to assist it in the performance of its duties. Section 3.4. Duties of the Distributor. The duties of the Distributor shall be those set forth in the Distribution Agreement to be entered into between the Fund and the Person or Persons designated pursuant to 3.1 as the Distributor. Such duties may be modified by the Trustees, from time to time, by the amendment of the Distribution Agreement. The Distribution Agreement may authorize the Distributor to employ other persons to assist it in the performance of its duties. Section 3.5. Successors. In the event that, at any time, the position of Adviser or of Administrator or of the Distributor shall become vacant for any reason, the successor shall not be appointed without a vote of the Participants as set forth in Section 8.1. Section 3.6. Appointment and Duties of the Independent Accountant. The Trustees shall appoint an independent accountant for each fiscal year of the Fund and its various Series. Such independent accountant shall perform such duties as may be directed by the Trustees, including, without limitation, conducting examinations of the Fund and the rendering of opinions and reports concerning the Fund. ARTICLE IV. INVESTMENTS Section 4.1. Statement of Investment Policy and Objective. Subject to the prohibitions and restrictions contained in Section 4.2 hereof, the general investment policy and objective of the Trust and each Series shall be to invest the Fund in Permitted Investments as set forth below and any other applicable provisions of Law as may be set forth more fully in the Fund’s Information Statement, as the same may be amended from time to time. Section 4.2. Permitted Investments. In accordance with Article II, Permitted Investments shall constitute the following: (a) bonds, notes, certificates of indebtedness, treasury bills or other securities now, or hereafter issued, which are guaranteed by the full faith and credit of the United States of America as to principal and interest; (b) bonds, notes, debentures or other similar obligations of the United States of America or its agencies; (c) interest-bearing savings accounts, interest-bearing certificates of deposit or interest-bearing time deposits or any other investments constituting direct obligations of any bank as defined by the Illinois Banking Act (205 ILCS 511, et. seq.); provided, however, that such bank is federally insured; (d) short-term obligations of corporations organized in the United States of America with assets exceeding $500,000,000, provided that such obligations are rated at the time of purchase within one of the three highest classifications established by at least two standard rating services, such obligations mature not later than 180 days from the date of purchase, and such purchases do not exceed 10% of the applicable corporation’s outstanding obligations; (e) short-term discount obligations of the Federal National Mortgage Association or shares or other forms of securities legally issuable by savings and loan associations incorporated under the Laws of Illinois or any other state or under the Laws of the United States of America, provided that the shares or investment certificates of such savings and loan associations are federally insured, any such securities are purchased at the offering or market price thereof at the time of such purchase, and all such securities so purchased shall mature or be redeemable on a date or dates prior to the time when, in the judgment of the Trustees, the funds so invested will be required for the payment of funds to Participants upon the withdrawal of moneys from the Fund; (f) money market mutual funds registered under the Investment Company Act of 1940, provided that the portfolio of any such money market mutual fund is limited to obligations described in paragraphs (a) or (b) of this Section 4.2 and to agreements to repurchase such obligations; and (g) any other investment instruments now permitted by the provisions of Section 2 of the Public Funds Investment Act or any other applicable statutes or hereafter permitted by reason of the amendment of Section 2 of the Public Funds Investment Act or the adoption of any other statute applicable to the investment of Public Agency funds. Section 4.3. Restrictions Fundamental to the Fund. Notwithstanding anything in this Declaration of Trust which may be deemed to authorize the contrary, the Fund: (a) (b) May not make any investment other than investments authorized by Section 4.2 or any other applicable provisions of Law, as the same may be amended from time to time, and in the case of investments made jointly with funds of other Public Agencies, may not make any investment other than investments authorized by Law for the investment of each such Public Agency; May not purchase any Permitted Investment which has a maturity date more than 397 days from the date of the Fund’s purchase thereof, unless subject, at the time of such purchase by the Fund, to an irrevocable agreement on the part of a Responsible Person to purchase such Permitted Investment from the Fund within 397 days; provided, however, that the Trustees may, in their discretion, by an action set forth by resolution of the Trustees and included in the Information Statement, waive such 397 day limitation with respect to any one or more Series of Shares. For the purposes of this provision: (i) A variable rate security which has its rate of interest readjusted no less frequently than every 397 days shall be deemed to have a maturity equal to the period remaining until the next readjustment of the interest rate or earlier maturity. (ii) A floating rate security shall be deemed to have a remaining maturity of one day. (c) May not purchase any Permitted Investment if the effect of such purchase by the Fund would be to make the average dollar weighted maturity of the Fund’s investment portfolio greater than the period designated by the Trustees with respect to the Series to which such purchase of such Permitted Investment relates; provided, however, that in making such determination any Permitted Investment which is subject to an irrevocable agreement of the nature referred to in the preceding clause (b) shall be deemed to mature on the day on which the Fund is obligated to sell such Permitted Investment back to a Responsible Person or the day on which the Fund may exercise its rights under such agreement to require the purchase of such Permitted Investment by a Responsible Person; (d) (i) (ii) (e) May not borrow money or incur indebtedness, whether or not the proceeds thereof are intended to be used to purchase Permitted Investments, except as a temporary measure to facilitate withdrawal requests which might otherwise require unscheduled dispositions of portfolio investments, including, without limitation, to facilitate withdrawal requests made by Participants and received by the Custodian after the Fund has already sold, or entered sell orders for, portfolio investments to cover the withdrawal requests previously made on that date, and only to the extent permitted by Law; or as a temporary measure (not to exceed one business day) from the Custodian to provide for the purchase of portfolio securities pending receipt by the Custodian of collected funds from a Participant who has notified the Fund before such purchase that it has wire transferred funds (or otherwise transferred immediately available funds) to the Fund in an amount sufficient to pay the purchase price of such securities, and only as and to the extent permitted by Law. provided, however, that nothing contained in this paragraph (d) shall permit, or be construed as permitting, the pledge of the assets of the Fund to secure any such borrowing except for the pledge of amounts, limited to the amount of such borrowing, held in the specific Participant’s account with the Fund for whom such borrowing was incurred; May not make loans, provided that the Fund may make Permitted Investments; and (f) May not hold or provide for the custody of any Fund Property in a manner not authorized by Law or by any institution or Person not authorized by Law. For the purposes of this Section 4.3, the phrase “Responsible Person” shall mean a Person listed on the United States Treasury Department List of Primary Government Securities Dealers or any equivalent successor to such list or a bank organized and existing under the Laws of the United States of America or any state thereof having assets in excess of $500,000,000. Section 4.4. Amendment of Restrictions. The restrictions set forth in Section 4.2 hereof are fundamental to the operation and activities of the Fund and may not be changed without the affirmative vote of a majority of the Participants entitled to vote, except that such restrictions may be changed by the Trustees so as to make them more restrictive when necessary to conform the investment program and activities of the Fund to the Laws of the State of Illinois and the United States of America as they may from time to time be amended. ARTICLE V. LIMITATIONS OF LIABILITY Section 5.1. Liability to Third Persons. No Participant shall be subject to any personal liability whatsoever, in tort, contract or otherwise, to any other Person or Persons in connection with Fund Property or the affairs of the Fund; and no Trustee, officer, or employee of the Fund shall be subject to any personal liability whatsoever in tort, contract or otherwise, to any other Person or Persons in connection with Fund Property or the affairs of the Fund, and all such other Persons shall look solely to the Fund Property for satisfaction of claims of any nature arising in connection with the affairs of the Fund. If any Participant, Trustee, officer or employee, as such, of the Fund is made a party to any suit or proceedings to assert or enforce any such liability, he shall not on account thereof be held to any personal liability. Section 5.2. Liability to the Fund or to the Participants. No Trustee, officer or employee of the Fund shall be liable to the Fund or to any Participant for any action or failure to act (including, without limitation, the failure to compel in any way any former or acting Trustee to redress any breach of trust) except for his own bad faith, willful misfeasance, gross negligence or reckless disregard of his duties provided, however, that the provisions of this Section 5.2 shall not limit the liability of any Person with respect to breaches by it of a contract between it and the Fund. Section 5.3. Indemnification. (a) The Fund shall indemnify and hold each Participant harmless from and against all claims and liabilities, whether they proceed to judgment or are settled or otherwise brought to a conclusion, to which such Participant may become subject solely by reason of its being or having been a Participant, and shall reimburse such Participant for all legal and other expenses reasonably incurred by it in connection with any such claim or liability. The rights accruing to a Participant under this Section 5.3 shall not exclude any other right to which such Participant may be lawfully entitled, nor shall anything herein contained restrict the right of the Fund to indemnify or reimburse a Participant in any appropriate situation even though not specifically provided herein. (b) The Fund shall indemnify each of its Trustees and officers, and employees and other Persons designated by the Board of Trustees to receive such indemnification, against all liabilities and expenses (including, without limitation, amounts paid in satisfaction of judgments, in compromise or as fines and penalties, and counsel fees) reasonably incurred by him in connection with the defense or disposition of any action, suit or other proceeding by the Fund or any other Person, whether civil or criminal, in which he may be involved or with which he may be threatened, while in office or thereafter, by reason of his being or having been such a Trustee, officer, employee or other designated Person, except as to any matter as to which he shall have been adjudicated to have acted in bad faith or with willful misfeasance or reckless disregard of his duties or gross negligence; provided, however, that the provisions of this Section 5.3 shall not be construed to permit the indemnification of any Person with respect to breaches by it of a contract between it and the Fund; and further provided, however, that as to any matter disposed of by a compromise payment by such Trustee, officer, employee or other designated Person, pursuant to a consent decree or otherwise, no indemnification either for said payment or for any other expenses shall be provided unless the Fund shall have received a written opinion from independent counsel approved by the Trustees to the effect that if the foregoing matters had been adjudicated, the defenses that could have been presented on behalf of such Trustee, officer, employee or other designated Person were meritorious. The rights accruing to any Trustee, officer, employee or other designated Person under the provisions of this paragraph (b) of this Section 5.3 shall not exclude any other right to which he may be lawfully entitled; provided, however, that no Trustee, officer, employee or other designated Person may satisfy any right of indemnity or reimbursement granted herein or to which he may be otherwise entitled except out of the Fund Property, and no Participant shall be personally liable to any Person with respect to any claim for indemnity or reimbursement or otherwise. The Trustees may make advance payments in connection with indemnification under this paragraph (b) of this Section 5.3, provided that the indemnified Trustee, officer, employee or other designated Person shall have given a written undertaking to reimburse the Fund in the event that it is subsequently determined that he is not entitled to such indemnification. (c) Any action taken by, or conduct on the part of, a Trustee, an officer, or an employee of the Fund or other Person designated by the Trustees in conformity with, or in good faith reliance upon, the provisions of Section 2.13 or Section 5.7 hereof shall not, for the purpose of this Declaration of Trust (including, without limitation, Sections 5.1 and 5.2 and this Section 5.3) constitute bad faith, willful misfeasance, gross negligence or reckless disregard of his duties. Section 5.4. Surety Bonds. No Trustee shall, as such, be obligated to give any bond or surety or other security for the performance of any of his duties. Section 5.5. Apparent Authority. No purchaser, seller, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Fund shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustee or by such officer, employee or agent or make inquiry concerning or be liable for the application of money or property paid, transferred or delivered to or on the order of the Trustees or of such officer, employee or agent. Section 5.6. Recitals. Any written instrument creating an obligation of the Fund shall be conclusively taken to have been executed by a Trustee or an officer, employee or agent of the Fund only in his capacity as a Trustee under this Declaration of Trust or in his capacity as an officer, employee or agent of the Fund. Any written instrument creating an obligation of the Fund shall refer to this Declaration of Trust and contain a recital to the effect that the obligations thereunder are not personally binding upon, nor shall resort be had to the property of, any of the Trustees, Participants, officers, employees or agents of the Fund, and that only the Fund Property or a specific portion thereof shall be bound, and such written instrument may contain any further similar recital which may be deemed appropriate; provided, however, that the omission of any recital pursuant to this Section 5.6 shall not operate to impose personal liability on any of the Trustees, Participants, officers, employees or agents of the Fund. Section 5.7. Reliance on Experts, Etc. Each Trustee and each officer of the Fund shall, in the performance of his duties, be fully and completely justified and protected with regard to any act or any failure to act resulting from reliance in good faith upon the books of account or other records of the Fund, upon an opinion of counsel or upon reports made to the Fund by any of its officers or employees or by the Adviser, the Administrator, the Custodian, accountants, appraisers or other experts or consultants selected with reasonable care by the officers of the Fund. ARTICLE VI. CHARACTERISTICS OF SHARES Section 6.1. Beneficial Interest. The beneficial interest of the Participants hereunder in the Fund Property and the earnings thereon shall be divided into Shares, which shall be used as units to measure the proportionate allocation to the respective Participants of the beneficial interest hereunder. The number of Shares that may be used to measure and represent the proportionate allocation of beneficial interest among the Participants is unlimited. Section 6.2. Rights of Participants. The beneficial interest hereunder measured by the Shares shall not entitle a Participant to which Shares relate to preference, preemptive, appraisal, conversion, or exchange rights of any kind with respect to the Fund or the Fund Property, except as the Trustees may determine with respect to any Class or Series. Title to the Fund Property of every description and the right to conduct any affairs herein described are vested in the Trustees on behalf, and for the beneficial interest, of the Participants, and the Participants shall have no interest therein other than the beneficial interest conferred hereby and measured by their Shares, and they shall have no right to call for any partition or division of any property, profits, rights or interests of the Fund nor can they be called upon to share or assume any losses of the Fund or suffer an assessment of any kind by virtue of the allocation of Shares to them, except as provided in Article IX hereof. Section 6.3. Series or Class Designation. The Trustees may, from time to time, authorize the division of Shares into separate Series and the division of any Series into two or more separate Classes of Shares, as they deem necessary and desirable. The different Series or Classes shall be established and designated, and the variations in the relative rights and preferences as between the different Series or Classes, such as the purchase price, right of redemption and the price, terms and manner of redemption, special and relative rights as to distributions on liquidation, conversion rights, and conditions under which the several series or classes shall have separate voting rights and separate investment restrictions, shall be fixed and determined, by the Trustees, without the requirement of Participant approval. Section 6.4. Allocation of Shares. (a) (b) (c) The Trustees, in their discretion, may, from time to time, without vote of the Participants, allocate Shares, in addition to the then allocated Shares, to such party or parties, for such amount and such type of consideration (including, without limitation, income from the investment of Fund Property), at such time or times (including, without limitation, each business day in accordance with the maintenance of a constant net asset value per Share as permitted by Section 9.1 hereof), and on such terms as the Trustees may deem best. In connection with any allocation of Shares, the Trustees may allocate fractional Shares. The Trustees may from time to time adjust the total number of Shares allocated without thereby changing the proportionate beneficial interests in the Fund. Reductions or increases in the number of allocated Shares may be made in order to maintain a constant net asset value per Share as permitted by Section 9.1 hereof. Shares shall be allocated and redeemed as whole Shares and/or one hundredths (1/100ths) of a Share or multiples thereof. Shares may be allocated only to a Public Agency that has become a Participant of the Fund in accordance with Section 1.2 hereof and who is acting with respect to the funds of a Public Agency. Each Participant may divide its Shares administratively among more than one account within the Fund or Series or Class for such Participant’s convenience in accordance with such procedures as the Trustees may establish. The minimum amount of funds which may be placed in the Fund by a Participant at any one time shall be as determined by the Trustees from time to time. Unless otherwise determined by the Trustees pursuant to this paragraph (c) of this Section 6.4, the minimum amount of funds which may be placed in the Fund by a Participant at any one time shall be One Dollar ($1.00). Section 6.5. Evidence of Share Allocation. Evidence of Share allocation shall be reflected in the Share Register maintained by or on behalf of the Fund pursuant to Section 7.1 hereof, and the Fund shall not be required to issue certificates as evidence of Share allocation. Section 6.6. Redemption to Maintain Constant Net Asset Value. If so determined by the Trustees, the Shares of one or more Series of the Fund shall be subject to redemption pursuant to the procedure for reduction of outstanding Shares as permitted by Section 9.1 hereof in order to maintain the constant net asset value per Share. Section 6.7. Redemptions. Payments by the Fund to Participants, and the reduction of Shares resulting therefrom, are referred to in this Declaration of Trust as “redemptions.” Any and all allocated Shares may be redeemed at the option of the Participant whose beneficial interest hereunder is measured by such Shares, upon and subject to the terms and conditions provided in this Declaration of Trust. The Fund shall, upon application of any Participant, promptly redeem from such Participant allocated Shares for an amount per Share equivalent to the proportionate interest measured by each Share in the net assets of the Fund at the time of the redemption. The procedures for effecting redemption shall be as adopted by the Trustees and as set forth in the Information Statement of the Fund, as the same may be amended from time to time; provided, however, that such procedures shall not be structured so as to substantially and materially restrict the ability of the Participants to withdraw funds from the Fund by the redemption of Shares; provided further however, that the Trustees shall have the power to provide for redemption procedures relating to any particular Series or Class which are consistent with the purpose and intent of this Declaration of Trust and consistent with the Information Statement . Such procedures may, among other things, establish periods during which funds relating to Shares of such Series or Class may either not be withdrawn from the Fund or be withdrawn upon payment of a redemption penalty. Section 6.8. Suspension of Redemption; Postponement of Payment. Each Participant, by its adoption of this Declaration of Trust, agrees that the Trustees may, without the necessity of a formal meeting of the Trustees, temporarily suspend the right of redemption or postpone the date of payment for redeemed Shares for all Series or Classes or any one or more Series or Classes for the whole or any part of any period (i) during which there shall have occurred any state of war, national emergency, banking moratorium or suspension of payments by banks in the State of Illinois or any general suspension of trading or limitation of prices on the New York or American Stock Exchange (other than customary weekend and holiday closings) or (ii) during which any financial emergency situation exists as a result of which disposal by the Fund of Fund Property is not reasonably practicable because of the substantial losses which might be incurred or it is not reasonably practicable for the Fund fairly to determine the value of its net assets. Such suspension or postponement shall not alter or affect a Participant’s beneficial interest hereunder as measured by its Shares or the accrued interest and earnings thereon. Such suspension or payment shall take effect at such time as the Trustees shall specify but not later than the close of business on the business day next following the declaration of suspension, and thereafter there shall be no right of redemption or payment until the Trustees shall declare the suspension or postponement at an end, except that the suspension or postponement shall terminate in any event on the first day on which the period specified in clause (i) or (ii) above shall have expired (as to which, the determination of the Trustees shall be conclusive). In the case of a suspension of the right of redemption or a postponement of payment for redeemed Shares, a Participant may either (i) withdraw its request for redemption or (ii) receive payment based on the net asset value existing after the termination of the suspension. Section 6.9. Minimum Redemption. There shall be no minimum number of Shares which may be redeemed at any one time at the option of a Participant, unless authorized by a resolution of the Board of Trustees and specified in the Information Statement; provided, however, that no request by a Participant for the redemption of less than one whole Share need be honored. Section 6.10. Defective Redemption Requests. In the event that a Participant shall submit a request for the redemption of a greater number of Shares than are then allocated to such Participant, such request shall not be honored and each Participant, by its adoption of this Declaration of Trust, agrees that the Trustees shall have full and complete power to redeem an amount of the Shares allocated to such Participant, at a redemption price determined in accordance with Section 6.7 hereof, sufficient to reimburse the Fund for any fees, expenses, costs or penalties actually incurred by the Fund as a result of such defective redemption request. ARTICLE VII. RECORD OF SHARES Section 7.1. Share Register. The Share Register shall be kept by or on behalf of the Trustees, under the direction of the Trustees, and shall contain for each series (i) the names and addresses of the Participants, (ii) the number of Shares representing their respective beneficial interests hereunder and (iii) a record of all allocations and redemptions thereof. Such Share Register shall be conclusive as to the identity of the Participants to which the Shares are allocated. Only Participants whose allocation of Shares is recorded on such Share Register shall be entitled to receive distributions with respect to Shares or otherwise to exercise or enjoy the rights and benefits related to the beneficial interest hereunder represented by the Shares. No Participant shall be entitled to receive any distribution, nor to have notices given to it as herein provided, until it has given its appropriate address to such officer or agent of the Fund as shall keep the Share Register for entry thereon. Section 7.2. Registrar. The Trustees shall have full and complete power to employee a registrar. Unless otherwise determined by the Trustees, the Share Register shall be kept by the Administrator which shall serve as the registrar for the Fund. The registrar shall record the original allocations of Shares in the Share Register. Such registrar shall perform the duties usually performed by registrars of certificates and shares of stock in a corporation, except as such duties may be modified by the Trustees. Section 7.3. Owner of Record. No Person becoming entitled to any Shares in consequence of the merger, reorganization, consolidation, bankruptcy or insolvency of any Participant or otherwise, by operation of Law, shall be recorded as the Participant to which such Shares are allocated and shall only be entitled to the redemption value of such Shares. Until the Person becoming entitled to such redemption value shall apply for the payment thereof and present any proof of such entitlement as the Trustees may in their sole discretion deem appropriate, the Participant of record to which such Shares are allocated shall be deemed to be the Participant to which such Shares are allocated for all purposes hereof, and neither the Trustees nor the registrar nor any officer or agent of the Fund shall be affected by any notice of such merger, reorganization, consolidation, bankruptcy, insolvency or other event. Section 7.4. No Transfers of Shares. The beneficial interests measured by the Shares shall not be transferable, in whole or in part, other than to the Fund itself for purposes of redemption. Section 7.5. Limitation of Fiduciary Responsibility. The Trustees shall not, nor shall the Participants or any officer, registrar or other agent of the Fund, be bound to see to the execution of any trust, express, implied or constructive, or of any charge, pledge or equity to which any of the Shares or any interest therein are subject, or to ascertain or inquire whether any redemption of such Shares by any Participant or its representatives is authorized by such trust, charge, pledge or equity, or to recognize any Person as having any interest therein except the Participant recorded as the Participant to which such Shares are allocated. The receipt of the Participant in whose name any Share is recorded or of the duly authorized agent of such Participant shall be a sufficient discharge for all moneys payable or deliverable in respect of such Shares and from all liability to see to the proper application thereof. Section 7.6. Notices. Any and all notices to which Participants hereunder may be entitled and any and all communications shall be deemed duly served or given if mailed, postage prepaid, addressed to Participants of records at their last known post office addresses as recorded on the Share Register provided for in Section 7.1 hereof. ARTICLE VIII. TRUSTEES AND OFFICERS Section 8.1. Number and Qualification. The governing body of the Fund shall be the Board of Trustees, the membership of which shall be determined as hereinafter provided. The number of Trustees shall be fixed from time to time by resolution of a majority of the voting Trustees then in office; provided, however, that the number of voting Trustees shall in no event be less than two or more than fifteen. Any vacancy created by an increase in the number of Trustees may be filled by the appointment of an individual having the qualifications described in this Section 8.1 made by a resolution of a majority of the Trustees then in office. Any such appointment shall not become effective, however, until the individual named in the resolution of appointment shall have (i) accepted in writing such appointment, (ii) agreed in writing to be bound by the terms of this Declaration of Trust, and (iii) if he is affiliated with a Public Agency, presented evidence in writing of the granting of an authorization by the Public Agency for him to serve as a Trustee. No reduction in the number of Trustees shall have the effect of removing any Trustee from office prior to the expiration of his term. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled as provided in Section 8.5 hereof, the Trustees or Trustee continuing in office, regardless of their number, shall have all the power granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration of Trust. A Trustee shall be an individual who is not under legal disability and who is either (i) a member of the corporate authorities of a Participant, (ii) a Treasurer, or other financial officer of a Participant, or (iii) any other duly authorized individual affiliated with a Participant. There shall be no more than one Trustee affiliated with any one Public Agency; provided, however, that no Trustee shall be disqualified from serving out an unexpired term by reason of such prohibition. The Trustees, in their capacity as Trustees, shall not be required to devote their entire time to the business and affairs of the Fund. Section 8.2. Organizational Trustees. By the initial execution of this Declaration of Trust, the Initial Participants appointed the following two individuals to serve as Trustees until the first annual meeting or vote of the Participants and until their successors had been elected and qualified. Name Address Affiliation William R. Farley 130 West Park Avenue Wheaton, IL 60187 Community Unit School District 200 Arnold C. Uhlig 10114 Gladstone Westchester, IL 60154 Proviso Township Schools Section 8.3. Term and Election. Each Trustee named herein, or elected or appointed as provided in Section 8.1 or 8.3 hereof, shall (except in the event of resignations or removals or vacancies pursuant to Section 8.4 or 8.5 hereof) hold office until his successor has been elected at such meeting or pursuant to such vote and has qualified to serve as Trustee. The Trustees shall be divided into three classes, as equal in number as practicable, so arranged that the term of one class shall expire at the respective annual meetings or votes of Participants held following the conclusion of each fiscal year of the Fund. At all annual meetings or votes a class of Trustees shall be elected to serve for a term of three (3) years and until their successors shall be elected and qualify. Any addition made to the number of Trustees, except at a meeting or pursuant to a vote of the Participants, shall be made only for a term expiring at the next annual meeting or vote of the Participants or until a successor shall be elected and qualify. At the annual meeting or vote of the Participants next following any addition to the number of Trustees, or, in the case of any addition to the number of Trustees made at an annual meeting or pursuant to such vote of the Participants, at such meeting or pursuant to such vote, the terms of the additional Trustees shall be fixed so that, as nearly as shall be practicable, an equal number of terms shall expire at each annual meeting or vote of the Participants. Trustees may succeed themselves in office. Election of Trustees at an annual meeting or in an annual vote shall be by the affirmative vote of at least a majority of the Participants entitled to vote present in person or by proxy at such meeting or voting in such annual vote. The election of any Trustee (other than an individual who was serving as a Trustee immediately prior to such election) pursuant to this Section 9.3 shall not become effective unless and until such person shall have (i) in writing accepted his election, (ii) agreed in writing to be bound by the terms of this Declaration of Trust, and (iii) if he is affiliated with a Public Agency, presented evidence in writing of the granting of an authorization by the Public Agency for him to serve as a Trustee. Section 8.4. Resignation and Removal. Any Trustee may resign (without need for prior or subsequent accounting) by an instrument in writing signed by him and delivered to the chairperson, the vice chairperson or the secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the notice. Any of the Trustees may be removed (provided that the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 8.1 hereof) with cause, by the action of two-thirds of the remaining Trustees. Upon the resignation or removal of a Trustee, or his otherwise ceasing to be a Trustee, he shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Fund or the remaining Trustees shall require for the purpose of conveying to the Fund or the remaining Trustees any Fund Property held in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his legal representative shall execute and deliver on his behalf such documents as the remaining Trustees shall require as provided in the preceding sentence. Section 8.5. Vacancies. (a) The term of office of a Trustee shall terminate and a vacancy shall occur in the event of the death, resignation, bankruptcy, adjudicated incompetence or other incapacity to exercise the duties of the office, or removal of a Trustee. In addition, a Person shall no longer be a Trustee and a vacancy shall be deemed to have occurred if: (i) a Trustee who is affiliated with a Public Agency ceases to be affiliated with the Public Agency, or (ii) the Public Agency with which the Trustee is affiliated ceases to be a Participant. If a Trustee who is affiliated with a Public Agency shall no longer be affiliated with the Public Agency, or the Public Agency with which the Trustee is affiliated shall no longer be a Participant, such Person shall, upon the expiration of a sixty (60) day period following the occurrence of such event, no longer be a Trustee and a vacancy will be deemed to have occurred, unless such person shall have become affiliated with another Public Agency which is a Participant, within such sixty (60) day period and shall have presented evidence in writing of the granting of an authorization by the Public Agency with which he is then affiliated for him to serve as a Trustee. (b) (c) No such vacancy shall operate to annul this Declaration of Trust or to revoke any existing agency created pursuant to the terms of this Declaration of Trust, and title to any Fund Property held in the name of such Trustee and the other Trustees, or otherwise, shall, in the event of the death, resignation, removal, bankruptcy, adjudicated incompetence or other incapacity to exercise the duties of the office of such Trustee, vest in the continuing or surviving Trustees without necessity of any further act or conveyance. In the case of an existing vacancy (other than by reason of an increase in the number of Trustees) at least a majority of the Participants entitled to vote, acting at any meeting or vote of the Participants called for the purpose, or a majority of the Trustees continuing in office acting by resolution, may fill such vacancy, and any Trustee so elected by the Trustees shall hold office for the remaining balance of the term for which vacancy said Trustee was elected to fill. Upon the effectiveness of any such appointment as provided in this Section 8.5, the Fund Property shall vest in such new Trustee jointly with the continuing or surviving Trustees without the necessity of any further act or conveyance; provided, however, that no such election or appointment as provided in this Section 8.5 shall become effective unless or until the new Trustee shall have (i) accepted in writing for his appointment, (ii) agreed to be bound by the terms of this Declaration of Trust, and (iii) if he is affiliated with a Public Agency, presented evidence in writing of the granting of an authorization by the Public Agency for him to serve as a Trustee. Section 8.6. By-Laws. The Trustees may adopt and, from time to time, amend or repeal By-Laws for the conduct of the business of the Fund, and in such By-Laws, among other things, may define the duties of the respective officers, agents, employees and representatives of the Fund. ARTICLE IX. DETERMINATION OF NET ASSET VALUE AND NET INCOME DISTRIBUTIONS TO PARTICIPANTS Section 9.1. By-Laws to Govern Net Asset Value, Net Income and Distribution Procedures. The Trustees, in their absolute discretion, may prescribe and shall set forth in the By-Laws such basis and time for determining the per Share of Beneficial Interest net asset value of the Shares or net income, or the declaration and payment of distributions, as they may deem necessary or desirable. The methods of determining net asset value of Shares of each Series shall also be set forth in the Information Statement. The duty to make the calculations may be delegated by the Trustees to the Adviser, the Administrator, the Custodian or such other Person as the Trustees by resolution may designate. The Trustees may adopt different methods for the determination of the net asset value of different Series of Shares. ARTICLE X. CUSTODIAN Section 10.1. Duties. The Trustees shall employ a bank or trust company organized under the Laws of the United States of America or the State of Illinois having an office in the State of Illinois and having a capital and surplus aggregating at least twenty-five million dollars ($25,000,000) as Custodian with authority as its agent, but subject to such restrictions, limitations and other requirements, if any, as may be contained in the By-Laws of the Fund to perform the duties set forth in the Custodian Agreement to be entered into between the Fund and the Custodian. Section 10.2. Appointment. The Trustees shall have the power to select and appoint the Custodian for the Fund. The Custodian Agreement shall provide that it may be terminated at any time without cause and without the payment of any penalty by the Fund on no less than ninety (90) days’ and no more than one hundred eighty (180) days’ written notice to the Custodian. Section 10.3. Sub-Custodians. The Trustees may also authorize the Custodian to employ one or more Sub-Custodians from time to time to perform such of the acts and services of the Custodian and upon such terms and conditions, as may be agreed upon between the Custodian and such Sub-Custodians and approved by the Trustees; provided, however, that, in every case, such Sub-Custodian shall be a bank or trust company organized under the Laws of the United States of America or one of the States thereof having capital and surplus aggregating at least twenty-five million dollars ($25,000,000). Section 10.4. Successors. In the event that, at any time, the Custodian shall resign or shall be terminated pursuant to the provisions of the Custodian Agreement, the Trustees shall appoint a successor thereto. Section 10.5. Additional Custodians. The Trustees may in their discretion employ one or more Custodians in addition to the Custodian referred to in Section 10.1. Such additional Custodians shall be banks or trust companies organized under the Laws of the United States of America or any state thereof and having capital and surplus aggregating at least twenty-five million dollars ($25,000,000). Such additional Custodian shall perform such duties (including duties applicable only to designated Series or Classes) as may be set forth in an agreement between the Fund and the additional Custodian. RECORDING OF DECLARATION OF TRUST ARTICLE XI. Section 11.1. Recording. This Declaration of Trust and any amendment hereto shall be filed, recorded or lodged as a document of public record in such place or places and with such official or officials as may be required by Law or as the Trustees may deem appropriate. Each amendment so filed, recorded or lodged shall be accompanied by a certificate signed and acknowledged by a Trustee stating that such action was duly taken in the manner provided for herein; and unless such amendment or such certificate sets forth some earlier or later time for the effectiveness of such amendment, such amendment shall be effective upon its filing. An amended Declaration of Trust, containing or restating the original Declaration and all amendments theretofore made, may be executed any time or from time to time by a majority of the Trustees and shall, upon filing, recording or lodging in the manner contemplated hereby, be conclusive evidence of all amendments contained therein and may thereafter be referred to in lieu of the original Declaration of Trust and the various amendments thereto. Notwithstanding the foregoing provisions of this Section 11.1, no filing or recordation pursuant to the terms of this Section 11.1 shall be a condition precedent to the effectiveness of this Declaration of Trust or any amendment hereto. ARTICLE XII. AMENDMENT OR TERMINATION OF FUND; DURATION OF FUND Section 12.1. Amendment or Termination. (a) The provisions of this Declaration of Trust may be amended or altered (except as to the limitations on personal liability of the Participants and Trustees and the prohibition of assessments upon Participants), or the Fund may be terminated, at any meeting of the Participants or pursuant to any vote of the Participants called for that purpose, by the affirmative vote of a majority of the Participants entitled to vote, or, if permitted by applicable Law, by an instrument or instruments in writing, without a meeting, signed by a majority of the Trustees and a majority of the Participants; provided, however, that the Trustees may, from time to time, by a two-thirds vote of the Trustees, and after fifteen (15) days’ prior written notice to the Participants, amend or alter the provisions of this Declaration of Trust, without the vote or assent of the Participants, to the extent deemed by the Trustees in good faith to be necessary to conform this Declaration to the requirements of applicable Laws or regulations or any interpretation thereof by a court or other governmental agency of competent jurisdiction, but the Trustees shall not be liable for failing so to do, and the Trustees may, from time to time and without notice to nor the vote or assent of the Participants, make changes that do not adversely affect the rights of any Participant, to supply any omissions, or to cure, correct or supplement any ambiguous, defective or inconsistent provision hereof. In addition, a Series may be terminated by vote or written consent of not less than a majority of the Participants of that Series. Notwithstanding the foregoing, (i) no amendment may be made pursuant to this Section 12.1 which would change any rights with respect to any allocated Shares of the Fund by reducing the amount payable thereon upon liquidation of the Fund or which would diminish or eliminate any voting rights of the Participants, except with the vote or written consent of two-thirds of the Participants entitled to vote thereon; and (ii) no amendment may be made which would cause any of the investment restrictions contained in Section 4.2 hereof to be less restrictive without the affirmative vote of a majority of the Participants entitled to vote thereon. (b) (i) (ii) Upon the termination of the Fund pursuant to this Section 12.1: The Fund shall carry on no business except for the purpose of winding up its affairs; The Trustees shall proceed to wind up the affairs of the Fund and all of the powers of the Trustees under this Declaration of Trust shall continue until the affairs of the Fund shall have been wound up, including, without limitation, the power to fulfill or discharge the contracts of the Fund, collect its assets, sell, convey, assign, exchange, transfer or otherwise dispose of all or any part of the remaining Fund Property to one or more persons at public or private sale for consideration which may consist in whole or in part of cash, securities or other property of any kind, discharge or pay its liabilities, and do all other acts appropriate to liquidate its affairs; provided, however, that any sale, conveyance, assignment, exchange, transfer or other disposition of all or substantially all of the Fund Property shall require approval of the principal terms of the transaction and the nature and amount of the consideration by affirmative vote of not less than a majority of the Participants entitled to vote thereon; and (iii) (c) (d) After paying or adequately providing for the payment of all liabilities, and upon receipt of such releases, indemnities and refunding agreements as they deem necessary for their protection, the Trustees may distribute the remaining Fund Property of any Series, in cash or in kind or partly in each, among the Participants of such Series and each Class of such Series according to their respective proportionate allocation of Shares, taking into account their respective net asset values and the proper allocation of expenses being borne solely by any Series or any Class of Shares of a Series. Upon termination of the Fund and distribution to the Participants as herein provided, a majority of the Trustees shall execute and lodge among the records of the Fund an instrument in writing setting forth the fact of such termination, and the Trustees shall thereupon be discharged from all further liabilities and duties hereunder, and the right, title and interest of all Participants shall cease and be canceled and discharged. A certification in recordable form signed by a majority of the Trustees setting forth an amendment and reciting that it was duly adopted by the Participants or by the Trustees as aforesaid or a copy of the Declaration, as amended, in recordable form, and executed by a majority of the Trustees, shall be conclusive evidence of such amendment. Section 12.2. Power to Effect Reorganization. If permitted by applicable Law, the Trustees, by vote or written approval of a majority of the Trustees, may select, or direct the organization of, a corporation, association, trust or other Person with which the Fund may merge, or which shall take over the Fund Property and carry on the affairs of the Fund, and after receiving an affirmative vote of not less than a majority of the Participants entitled to vote at any meeting of the Participants, the notice for which includes a statement of such proposed action, the Trustees may effect such merger or may sell, convey and transfer the Fund Property to any such corporation, association, trust or other Person in exchange for cash or shares for securities thereof, or beneficial interest therein with the assumption by such transferee of the liabilities of the Fund; and thereupon the Trustees shall terminate the Fund and deliver such cash, shares, securities or beneficial interest ratably among the Participants of this Fund in redemption of their Shares. Section 12.3. Duration. The Fund shall continue in existence in perpetuity, subject in all respects to the provisions of this Article XII. ARTICLE XIII. MISCELLANEOUS Section 13.1. Governing Law. This Declaration of Trust is adopted by the Participants and delivered in the State of Illinois and with reference to the Laws thereof, and the rights of all parties and the validity, construction and effect of every provision hereof shall be subject to and construed according to the Laws of said State of Illinois. Section 13.2. Counterparts. This Declaration of Trust may be executed in several counterparts, each of which when so executed shall be deemed to be an original, and such counterparts, together, shall constitute but one and the same instrument, which shall be sufficiently evidenced by any such original counterpart. Section 13.3. Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Fund or of any official or public body or office in which this Declaration of Trust may be recorded, appears to be a Trustee hereunder or the Secretary or the Treasurer of the Fund, certifying to: (i) the number or identity of Trustees or Participants; (ii) the due authorization of the execution of any instrument or writing; (iii) the form of any vote passed at a meeting of Trustees or Participants; (iv) the fact that the number of Trustees or Participants present at any meeting or executing any written instrument satisfies the requirements of this Declaration of Trust; (v) the form of any By-Law adopted by or the identity of any officers elected by the Trustees; or (vi) the existence of any fact or facts which in any manner relate to the affairs of the Fund, shall be conclusive evidence as to the matters so certified in favor of any Person dealing with the Trustees or any of them or the Fund and the successors of such Person. Section 13.4. Provisions in Conflict with Law. The provisions of this Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any one or more of such provisions (the “Conflicting Provisions”) are in conflict with applicable federal or Illinois Laws, the Conflicting Provisions shall be deemed never to have constituted a part of this Declaration of Trust; provided, however, that such determination by the Trustees shall not affect or impair any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted (including, but not limited to, the election of Trustees) prior to such determination. Section 13.5. Gender; Section Headings. (a) (b) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders, and words importing the singular number shall mean and include the plural number and vice versa. Any headings preceding the texts of the several Articles and Sections of this Declaration of Trust, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall neither constitute a part of this Declaration of Trust nor affect its meaning, construction or effect. Section 13.6. Adoption by Public Agencies Electing to Become Additional Participants; Resignation of Participants. (a) Subject to Section 13.6(b) any Public Agency meeting the requirements of Section 1.2 hereof, may become an additional Participant of this Fund by (i) taking any appropriate official action to adopt this Declaration of Trust, (ii) furnishing the Trustees with evidence of appropriate official action authorizing its treasurer or other duly authorized official of the Public Agency to act on its behalf with respect to the funds of the Public Agency, (iii) furnishing the Trustees with a certificate of a duly authorized officer of the Public Agency setting forth the names and specimen signatures of the officials of such Public Agency authorized at the time of delivery of such certificate to act on behalf of such Public Agency in connection with the Public Agency’s participation in the Fund, and (iv) furnishing the Trustees with a counterpart signature to this document, which signature shall evidence such additional Participant’s entry into this intergovernmental agreement with the other Participants hereto. A copy of this Declaration of Trust may be adopted by executing a written instrument of adoption in such form as may be prescribed by the Trustees. Adoption of a written investment policy that permits investment in the Fund will be deemed by the Trustees to constitute an adoption of this Declaration of Trust. Delivering an acknowledged copy of an instrument adopting the Declaration of Trust or the written investment policy shall constitute satisfactory evidence of the adoption contemplated by this Section 13.6. (b) (c) A Public Agency’s admission as a Participant shall be subject to the approval of the Trustees, or of a duly appointed designee of the Trustees, but such approval shall not be unreasonably withheld. Any Participant may resign and withdraw from the Fund by sending a written notice to such effect to the Administrator and by requesting the redemption of all Shares then held by it. Such resignation and withdrawal shall become effective upon the receipt thereof by the Administrator. No resignation and withdrawal by a Participant shall operate to annul this Declaration of Trust and terminate the existence of the Fund. ILLINOIS INSTITUTIONAL INVESTORS TRUST INTERGOVERNMENTAL COOPERATION COUNTERPART SIGNATURE PAGE Acting in accordance with Section 13.6(a) of the Declaration, the undersigned delivers this counterpart signature page evidencing the undersigned’s entry into an intergovernmental agreement with the other Participants to the Declaration. Executed this ___ day of ___________, 20__. Signature Name: Agency Name: ______________________ Title: September 27, 2018 BANK 36.2% GOV-AGCY 23.8% CP 16.7% CORP 10.2% ABS 5.3% TREAS 4.4% REPO 3.4% BANK - Bank Deposits; GOV-AGCY - Agency and Government; CP - Commercial Paper; CORP - Corporate; ABS - Asset-backed security; TREAS - Treasury; REPO - Repurchase Agreement Portfolio Composition as of September 27, 2018 www.spratings.com and federal agency securities and repurchase agreements secured by such obligations, money- market mutual funds registered under the Investment Company Act of 1940, commercial paper, and certificates of deposits. The weighted average maturity to reset (WAM(R)) of the fund's portfolio is managed at 60 days or less to help provide liquidity for redemptions and to limit market price exposure. PFM Asset Management LLC Stable NAV Government Investment Pool U.S. Bank, N.A. Michael Varano Rationale Overview Management Portfolio Assets Participants should consider the investment objectives, risks and charges and expenses of the pool before investing. The investment guidelines which can be obtained from your broker-dealer, contain this and other information about the pool and should be read carefully before investing. Illinois Trust is rated 'AAAm' by S&P Global Ratings. The rating is based on S&P Global Ratings' analysis of the portfolio's credit quality, investment policies, market price exposure, and management. The rating signifies our forward- looking opinion about a fixed-income fund's ability to maintain principal value (i.e., stable net asset value, or 'NAV'). The Illinois Trust is organized under the laws of the state of Illinois. The trust was established for the purpose of allowing various public agencies-- including counties, townships, cities, towns, villages, school districts, housing authorities, and public water supply districts--to jointly invest funds in accordance with the laws of the state of Illinois. The fund seeks to provide investors with strong current income that is consistent with the preservation of capital and the maintenance of liquidity. The fund's investment adviser is PFM Asset Management LLC (PFM). As adviser, PFM is responsible for the purchase and sale of all portfolio assets. PFM and Public Financial Management Inc., which is under common ownership with PFM, have managed funds since 1981. The two firms act as financial advisers and/or investment advisers to cities, townships, boroughs, counties, school districts, authorities, and financial institutions throughout the country, providing clients with financial, investment advisory, and cash management services. The fund invests in fixed-income investments authorized by the Illinois Public Funds Investment Act, which governs the investment of public funds in Illinois. These instruments include U.S. Treasury PFM Fund Distributors, Inc. AAAm AAm Am BBBm BBm Dm Plus (+) or Minus (-) Principal Stability Fund Ratings Definitions A fund rated 'AAAm' demonstrates extremely strong capacity to maintain principal stability and to limit exposure to principal losses due to credit risk. 'AAAm' is the highest principal stability fund rating Phone 1-800-731-6870 assigned by S&P Global Website www.iiit.us Ratings A fund rated 'AAm' demonstrates very strong capacity to maintain principal stability and to limit exposure to principal losses due to credit risk. It differs from the highest-rated funds only to a small degree. A fund rated 'Am' demonstrates strong capacity to maintain principal stability and to limit exposure to principal losses due to credit risk, but is somewhat more susceptible to the adverse effects of changes in circumstances and economic conditions than funds in higher-rated categories A fund rated 'BBm' demonstrates speculative characteristics and uncertain capacity to maintain principal stability. It is vulnerable to principal losses due to credit risk. While such funds will likely have some quality and protective characteristics, these may be outweighed by large uncertainties or major exposures to adverse conditions. A fund rated 'Dm' has failed to maintain principal stability resulting in a realized or unrealized loss of principal. The ratings may be modified by the addition of a plus (+) or minus (-) sign to show relative standing within the rating categories. A fund rated 'BBBm' demonstrates adequate capacity to maintain principal stability and to limit exposure to principal losses due to credit risk. However, adverse economic conditions or changing circumstances are more likely to lead to a reduced capacity to maintain principal stability. AAAm October 2002 About the Pool Pool Rating Pool Type Investment Adviser Portfolio Manager Pool Rated Since Custodian Distributor Illinois Trust POOL PROFILE S &P Global Ratings Analyst:Joseph Giarratano - 1 (212) 438 8942 AAAm 0 20 40 60 80 100 Days Portfolio Maturity Distribution as of September 27, 2018 *S&P 'AAAm' Money Fund Indices are calculated weekly by iMoneyNet, Inc., and are comprised of funds rated or assessed by S&P Global Ratings to within the specific rating categories. The S&P Global Ratings Rated LGIP Indices are calculated weekly by S&P Global Ratings and are comprised of 'AAAm' and 'AAm' government investment pools. The yield quoted represents past performance. Past performance does not guarantee future results. Current yield may be lower or higher than the yield quoted. 0.0% 0.6% 1.2% 1.8% 2.4% 3.0% S&P Rated GIP Index/All Fund Portfolio 7 Day Net-Yield Comparison * Principal Stability Rating Approach and Criteria *As assessed by S&P Global Ratings A-1+ 66.8% A-1 33.2% Portfolio Credit Quality as of September 27, 2018 * A S&P Global Ratings principal stability fund rating, also known as a "money market fund rating", is a forward-looking opinion about a fixed income fund's capacity to maintain stable principal (net asset value). When assigning a principal stability rating to a fund, S&P Global Ratings analysis focuses primarily on the creditworthiness of the fund's investments and counterparties, and also its investments' maturity structure and management's ability and policies to maintain the fund's stable net asset value. Principal stability fund ratings are assigned to funds that seek to maintain a stable or an accumulating net asset value. Generally, when faced with an unanticipated level of redemption requests during periods of high market stress, the manager of any fund may suspend redemptions for up to five business days or meet redemption requests with payments in-kind in lieu of cash. A temporary suspension of redemptions or meeting redemption requests with distributions in-kind does not constitute a failure to maintain stable net asset values. However, higher rated funds are expected to have stronger capacities to pay investor redemptions in cash during times of high market stress because they generally comprise shorter maturity and higher quality investments. Principal stability fund ratings, or money market fund ratings, are identified by the 'm' suffix (e.g., 'AAAm') to distinguish the principal stability rating from a S&P Global Ratings traditional issue or issuer credit rating. A traditional issue or issuer credit rating reflects S&P Global Ratings view of a borrower's ability to meet its financial obligations. Principal stability fund ratings are not commentaries on yield levels. 0 133 267 400 533 667 800 0 20 40 60 80 100 120 Net Assets WAM (R) *WAM (F) ** Net Assets, WAM (R) and WAM (F) Illinois Trust Pool portfolios are monitored weekly for developments that could cause changes in the ratings. Rating decisions are based on periodic meetings with senior pool executives and public information. Data Bank as of September 27, 2018 $1.00005 $451.99 41 days 70 days 2.13% Net Asset Value per Share.............. WAM (R) * ....................................... * Weighted Average Maturity (Reset) 7 Day Yield............................. Net Assets (millions)................... WAM (F) **.................................. ** Weighted Average Maturity (Final) Inception Date....................... 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Portfolio Characteristics as of February 28, 2019 Illinois Portfolio -IIIT Class Fact Sheet 15.49% 25.16% 17.57% 19.24% 9.61% 9.82% 3.11% U.S. Treasuries Federal Agencies Commercial Paper Certificate of Deposit Certificate of Deposit - FDIC Insured Repurchase Agreements Supranationals Cert. of Deposit - FHLB Letter of Credit Corporate Notes 9.61% 3.58% 0.48% 32.37% 51.33% AAA AA+ A+A A-1+ Short Term A-1 Short Term Not Rated 30-Day Net Yield3 Feb-19 2.52% Jan-19 2.52% Dec-18 2.39% Nov-18 2.29% Oct-18 2.20% Sep-18 2.09% Aug-18 2.07% Jul-18 2.05% Jun-18 1.98% May-18 1.92% Apr-18 1.79% Mar-18 1.56% 1 The 7-Day yield is computed in accordance with methods prescribed by the SEC. The 7-Day SEC yield excludes distributed capital gains/losses. The current 7-day net yield more closely reflects the current earnings of the Fund than the average annual returns. 2 Weighted Average Maturity: Calculated by the final maturity for a security held in the portfolio and the interest rate reset date. This is a way to measure a fund’s sensitivity to potential interest rate changes. 3 As of the last day of the month. Average annualized 30-day yields are based on net investment income and distributed gains or losses for the period shown. The average annual returns are an SEC standardized calculation that represents the annual change in value of an investment over specified periods and assumes sales charges and reinvestment of dividends and capital gains. Past performance is no guarantee of future results. Yields will fluctuate as market conditions change. The current fund performance may be higher or lower than that cited. The yields shown may reflect fee waivers by service providers that subsidize and reduce the total operating expenses of the Fund. Fund yields would be lower if there were no such waivers. The current expense ratio is 0.15%. Average annual returns for historic periods and important disclosure information is provided on the following page. . Current 7-Day Net Yield1 Weighted Average Maturity2 Standard and Poor’s Fund Rating Investment Adviser 2.50% 37 days AAAm PFM Asset Management LLC Illinois Trust is a diversified, actively managed investment trust designed to address the short-term cash and investment needs of municipalities, school districts and other local governments. Illinois Trust is directed by a Board of Trustees, which is made up of experienced local government finance directors, treasurers and elected officials. Illinois Trust offers a range of services*** to assist Investors with their investment needs, Including: •The Illinois Portfolio which is rated AAAm by Standard & Poor’s4 •The Illinois Term portfolio which is rated AAAf by Fitch5 •Separately managed portfolios •Specialized services for bond proceeds management •Investment advice provided by PFM Asset Management LLC •Custody services from US Bank •Arbitrage rebate analysis and calculation ***PFMAM provides services separately from the Trust. As of February 28, 2019IIITClass Statistics Performance (30-Day Yield %) Fund Diversification Credit Quality Distribution (Standard & Poor’s Fund Ratings)Sector Composition** *In accordance with Illinois Public Funds Investment Act, sector percentages are applicable only at the date of purchase. **Percentages may not total to 100% due to rounding. 4Standard & Poor’s fund ratings are based on analysis of credit quality, market price exposure, and management. According to Standard & Poor’s rating criteria, the AAAm rating signifies excellent safety of investment principal and a superior capacity to maintain a $1.00 per share net asset value. However, it should be understood that the rating is not a “market” rating nor a recommendation to buy, hold or sell the securities. For a full description on rating methodology, visit Standard & Poor’s website (http://www.standardandpoors.com/en_US/web/guest/home). 5The AAAf rating reflects Fitch Ratings ("Fitch") review of the Term program's investment and credit guidelines, the portfolio's credit quality and diversification, as well as the capabilities of PFM Asset Management LLC as investment adviser. It indicates the highest underlying credit quality (or lowest vulnerability to default). However, it should be understood that this rating is not a "market" rating nor a recommendation to buy, hold or sell the securities. For a full description on rating methodology visit www.fitchratings.com. Portfolio Characteristics as of February 28, 2019 Illinois Portfolio -IIIT Class Fact Sheet Must be preceded or accompanied by an Information Statement. For a current Information Statement, which contains more complete information, please visit www.iiit.us or call 800-731-6870. Before investing, consider the investment objectives, risks, charges and expenses of the fund carefully. This and other information can be found in the Trust’s Information Statement. Read the Information Statement carefully before you invest or send money. 1Source: Returns calculated using the 30-day net yield as of the last day of the month. The current 7-day net yield more closely reflects the current earnings of the Class than the trailing returns. Returns for less than a full calendar year are annualized. 2Source: iMoneyNetPrime Institutional Money Market Fund Index Average. This index is comprised of funds rated in the top grade that invest in high-quality financial instruments with dollar-weighted average maturities of less than 60 days. It is not possible to invest directly in such an index. 3Source: iMoneyNetGovernmentInstitutional Money Market Fund Index Average. This index is comprised of funds rated in the top grade that invest in high-quality financial instruments with dollar-weighted average maturities of less than 60 days. It is not possible to invest directly in such an index. This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the Trust’s investment objectives, risks, charges and expenses before investing in the Trust. This and other information about the Trust is available in the Trust’s current Information Statement, which should be read carefully before investing. A copy of the Trust’s Information Statement may be obtained by calling 1-800-731- 6870 for the IIIT Class and 1-800-731-6830 for the IPDLAF+ Class and is also available on the Trust’s websites at www.iiit.us and www.ipdlaf.org. While both the IIIT and IPDLAF+ Classes of the Illinois Portfolio seek to maintain a stable net asset value of $1.00 per share and the Illinois TERM series seek to achieve a net asset value of $1.00 per share at its stated maturity, it is possible to lose money investing in the Trust.An investment in the Trust is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Trust are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection Investment Objective Preserve principal, provide liquidity, provide as high a level of current income as is consistent with preserving principal and maintaining liquidity. Investment Philosophy The Trust’s adviser seeks to optimize investment returns through careful analysis of and investment in short-term governmental securities and other high-quality money market instruments while preserving the safety and liquidity of the underlying principal. Service Providers Investment Adviser and Administrator PFM Asset Management LLC 190 South LaSalle Street Suite 2000 Chicago, IL 60603 Distributor PFM Fund Distributors, Inc. 213 Market Street Harrisburg, PA 17101 Custodian U.S. Bank, N.A. 800 Nicollet Mall Minneapolis, MN 55402 Independent Auditor Ernst & Young LLP 2005 Market Street Suite 700 Philadelphia, PA 19103 Legal Counsel Schiff Hardin LLP 6600 Willis Tower Chicago, IL 60606 Average Annual Return1 As of February 28, 2019 For more information, visit www.iiit.us or contact the Trust’s Investment Adviser at 800.731.6870 Month 3-Month 1-Year 3-Year 5-Year Illinois Portfolio - IIIT Class 2.52%2.50%2.13%1.24%0.76% iMoneyNet Prime Money Market Fund Index2 2.34%2.32%1.96%1.09%0.67% iMoneyNet Government Money Market Fund Index3 2.10%2.09%1.71%0.85%0.52% 0.00% 0.25% 0.50% 0.75% 1.00% 1.25% 1.50% 1.75% 2.00% 2.25% 2.50% 2.75%Illinois Portfolio - IIIT Class iMoneyNet Prime Money Market Fund Index2 iMoneyNet Government Money Market Fund Index3 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Administration Committee #5 Tracking Number ADM 2019-44 Resolution Approving Investment Services with Illinois Public Reserves Investment Management Trust (IPrime) City Council – August 27, 2019 ADM 08-21-19 Moved forward to City Council agenda. ADM 2019-44 Majority Approval Please see attached memo. Rob Fredrickson Finance Name Department Summary Adopt a resolution approving the Declaration of Trust of the Illinois Public Reserves Investment Management Trust (i.e. IPrime - Exhibit B). Background PMA Financial Network, Inc. (PMA) is a financial services company that specializes in investment (fixed income investments, cash flow management, bond proceeds management, etc.) and bond issuance services for over 2,500 local government clients in eleven states. PMA is headquartered in Naperville and currently has over $25.4 billion in public assets under administration. Currently the City utilizes two investment vehicles through PMA: a collateralized savings deposit account for liquid funds (i.e. cash); and brokered FDIC insured certificates of deposit (CD’s) for longer term investments. Recently staff was notified by PMA that they are in process of converting existing clients over to their new I-Prime investment platform, as their existing platform will be discontinued at the end of 2019. From the City’s perspective, the only difference between the two platforms will be the mechanism by which funds are moved in and out of the savings deposit account (SDA). Currently PMA uses BMO Harris Bank to facilitate the flow of funds. Under the new platform, PMA will use their new local government investment pool, IPrime, to conduct transfers. In addition, the new platform will allow for additional investment options, which are explained in greater detail below. As shown on Exhibit C, the Illinois Public Reserves Investment Management Trust (IPrime) is an overall platform that encompasses several investment options for local governments. The primary product of the new investment platform is the Investment Shares Series (commonly referred to as IPrime), which is a local government investment pool comprised of short-term money market instruments. IPrime is rated AAAm (highest rating) by Standard & Poor’s Global Ratings (please see Exhibit D); and its investment objectives focus on offering the highest possible investment yield, while protecting principal and preserving liquidity. IPrime is similar in both form and composition to the Illinois Funds (both Funds are rated AAAm by S&P) and would be an appropriate alternative to the Illinois Funds, depending on each Funds respective yields. Memorandum To: Administration Committee From: Rob Fredrickson, Finance Director Date: May 8, 2019 Subject: I-Prime – (PMA) New Investment Platform The new investment platform also offers a Term Series Pool option, whereby funds can be invested for a fixed period of time ranging from 30 days to three years; in addition to the existing savings deposit account and brokered CD options. Recommendation Staff recommends approval of the attached resolution (Exhibit A). Resolution No. 2019-____ Page 1 Resolution No. 2019-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING INVESTMENT SERVICES WITH ILLINOIS PUBLIC RESERVES INVESTMENT MANAGEMENT TRUST WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of this State; and, WHEREAS, the City passed Resolution Number 2015-02, on January 13, 2015, approving investment services with PMA Financial Network, Inc. and PMA Securities, Inc. (“PMA”); and, WHEREAS, effective on or before January 1, 2019 the existing investment platform will be replaced by PMA with a new investment platform utilizing Illinois Public Reserves Investment Management Trust (“IPRIME”) which will provide more online reporting options and the ability to transfer funds on-line including direct deposit of tax revenue; and, WHEREAS, the Finance Director has recommended that the City approve the new investment platform with IPRIME. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the IPRIME investment platform option and its DECLARATION OF TRUST is hereby approved and the Finance Director is authorized to execute such instruments necessary for the City’s approval of the IPRIME investment platform. Section 2. This Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this ______ day of ___________________, 2019. ______________________________ CITY CLERK Resolution No. 2019-____ Page 2 KEN KOCH ________ DAN TRANSIER ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _______ day of ___________________, 2019. ____________________________________ MAYOR Attest: ______________________________ CITY CLERK CHICAGO/#3198044.6 Prepared by and Return to: Joseph M. Mannon, Esq. Vedder Price P.C. 222 N. LaSalle Street Chicago, Illinois 60601 ILLINOIS PUBLIC RESERVES INVESTMENT MANAGEMENT TRUST (an Illinois Entity formed pursuant to the Intergovernmental Cooperation Act, as amended, and the Illinois Municipal Code, as amended) DECLARATION OF TRUST Dated December 5, 2018 TABLE OF CONTENTS Page -i- ARTICLE I DEFINITIONS ................................................................................................. 3 ARTICLE II THE FUND ...................................................................................................... 6 Section 2.1 Name .................................................................................................... 6 Section 2.2 Purpose; Authorization; Changes of Incumbent in Office ................... 6 Section 2.3 Location ............................................................................................... 7 Section 2.4 Nature of Fund; Duration ..................................................................... 7 ARTICLE III POWERS OF THE TRUSTEES ...................................................................... 7 Section 3.1 General ................................................................................................. 7 Section 3.2 Permitted Investments .......................................................................... 8 Section 3.3 Legal Title ............................................................................................ 9 Section 3.4 Disposition of Assets ........................................................................... 9 Section 3.5 Taxes .................................................................................................. 10 Section 3.6 Rights as Holders of Fund Property ................................................... 10 Section 3.7 Delegation; Committees..................................................................... 10 Section 3.8 Collection ........................................................................................... 10 Section 3.9 Payment of Expenses ......................................................................... 11 Section 3.10 Borrowing and Indebtedness .............................................................. 11 Section 3.11 Deposits.............................................................................................. 11 Section 3.12 Valuation ............................................................................................ 11 Section 3.13 Fiscal Year; Accounts ........................................................................ 11 Section 3.14 Concerning the Fund and Certain Affiliates ...................................... 11 Section 3.15 Investment Program ........................................................................... 13 Section 3.16 Power to Contract, Appoint, Retain and Employ .............................. 13 Section 3.17 Insurance ............................................................................................ 13 Section 3.18 Seal ..................................................................................................... 14 Section 3.19 Indemnification .................................................................................. 14 Section 3.20 Remedies ............................................................................................ 14 Section 3.21 Further Powers ................................................................................... 14 ARTICLE IV SERVICE CONTRACTS .............................................................................. 14 Section 4.1 Appointment of Adviser, Administrator and Distributor ................... 14 Section 4.2 Duties of the Adviser ......................................................................... 15 Section 4.3 Registration of the Adviser ................................................................ 15 Section 4.4 Duties of the Administrator ............................................................... 15 Section 4.5 Duties of the Distributor .................................................................... 15 Section 4.6 Sub-Adviser, Sub-Administrator; Sub-Distributor ............................ 15 Section 4.7 Appointment and Duties of the Independent Accountant .................. 16 ARTICLE V INVESTMENTS ............................................................................................ 16 Section 5.1 Statement of Investment Policy and Objective .................................. 16 Section 5.2 Restrictions, Fundamental to the Fund .............................................. 16 Section 5.3 Amendment of Restrictions ............................................................... 17 TABLE OF CONTENTS (continued) Page -ii- ARTICLE VI LIMITATIONS OF LIABILITY ................................................................... 17 Section 6.1 Liability of Participants ...................................................................... 17 Section 6.2 Liability to Third Parties .................................................................... 17 Section 6.3 Liability to the Fund or to the Participants ........................................ 18 Section 6.4 Indemnification .................................................................................. 18 Section 6.5 Surety Bonds ...................................................................................... 19 Section 6.6 Apparent Authority ............................................................................ 19 Section 6.7 Recitals ............................................................................................... 19 Section 6.8 Trustees Not Experts .......................................................................... 19 Section 6.9 Reliance on Experts, Etc .................................................................... 20 Section 6.10 Liability Insurance ............................................................................. 20 ARTICLE VII INTERESTS OF PARTICIPANTS ............................................................... 20 Section 7.1 General ............................................................................................... 20 Section 7.2 Allocation of Shares ........................................................................... 23 Section 7.3 Evidence of Share Allocation ............................................................ 24 Section 7.4 Redemption to Maintain Constant Net Asset Value .......................... 24 Section 7.5 Redemptions ...................................................................................... 24 Section 7.6 Suspension of Redemption; Postponement of Payment .................... 24 Section 7.7 Minimum Purchase or Redemption ................................................... 25 Section 7.8 Defective Redemption Requests ........................................................ 25 ARTICLE VIII RECORD OF SHARES ................................................................................. 25 Section 8.1 Share Register .................................................................................... 25 Section 8.2 Registrar ............................................................................................. 25 Section 8.3 Owner of Record ................................................................................ 26 Section 8.4 No Transfers of Shares....................................................................... 26 Section 8.5 Limitation of Fiduciary Responsibility .............................................. 26 Section 8.6 Notices ............................................................................................... 26 ARTICLE IX PARTICIPANTS ........................................................................................... 26 Section 9.1 Voting ................................................................................................ 26 Section 9.2 Right to Initiate a Vote of the Participants ......................................... 27 Section 9.3 Inspection of Records ........................................................................ 27 Section 9.4 Meetings of Participants; Quorum ..................................................... 27 Section 9.5 Notice of Meetings and Votes............................................................ 27 Section 9.6 Record Date for Meetings and Votes ................................................. 27 Section 9.7 Proxies................................................................................................ 28 Section 9.8 Number of Votes ................................................................................ 28 Section 9.9 Reports ............................................................................................... 28 Section 9.10 Resignation or Participants ................................................................ 28 ARTICLE X ADDITION OF PARTICIPANTS ................................................................. 29 Section 10.1 Adoption by Public Agency Treasurers Electing to Become Additional Participants....................................................................... 29 TABLE OF CONTENTS (continued) Page -iii- ARTICLE XI BOARD OF TRUSTEES AND OFFICERS ................................................. 29 Section 11.1 Generally; Number ............................................................................. 29 Section 11.2 Initial Trustees ................................................................................... 30 Section 11.3 Time Commitment ............................................................................. 30 Section 11.4 Qualifications ..................................................................................... 30 Section 11.5 Term and Election .............................................................................. 30 Section 11.6 Resignation and Removal .................................................................. 31 Section 11.7 Vacancies ........................................................................................... 31 Section 11.8 Meetings ............................................................................................. 32 Section 11.9 Chairperson ........................................................................................ 32 Section 11.10 Secretary ............................................................................................ 32 Section 11.11 Treasurer ............................................................................................ 32 Section 11.12 By-laws .............................................................................................. 33 Section 11.13 Officers .............................................................................................. 33 ARTICLE XII DETERMINATION OF NET ASSET VALUE AND NET INCOME; DISTRIBUTIONS TO PARTICIPANTS ...................................................... 33 Section 12.1 Net Asset Value ................................................................................. 33 Section 12.2 Constant Net Asset Value; Reduction of Allocated Shares ............... 33 Section 12.3 Supplementary Distributions to Participants ..................................... 34 Section 12.4 Retained Reserves .............................................................................. 34 ARTICLE XIII CUSTODIAN ................................................................................................ 34 Section 13.1 Duties ................................................................................................. 34 Section 13.2 Appointment ...................................................................................... 35 Section 13.3 Sub-Custodians .................................................................................. 35 Section 13.4 Successors .......................................................................................... 35 Section 13.5 Additional Custodians ........................................................................ 35 ARTICLE XIV RECORDING OF DECLARATION OF TRUST ......................................... 35 Section 14.1 Recording ........................................................................................... 35 ARTICLE XV AMENDMENT OF DECLARATION .......................................................... 36 Section 15.1 Amendment or Termination ............................................................... 36 ARTICLE XVI TERMINATION OF FUND .......................................................................... 36 Section 16.1 Termination ........................................................................................ 36 Section 16.2 Winding Up ........................................................................................ 36 Section 16.3 Power to Effect Reorganization ......................................................... 37 ARTICLE XVII MISCELLANEOUS ...................................................................................... 37 Section 17.1 Agreement to Be Bound..................................................................... 37 Section 17.2 Governing Law .................................................................................. 38 Section 17.3 Jurisdiction and Waiver of Jury Trial ................................................ 38 Section 17.4 Counterparts ....................................................................................... 38 TABLE OF CONTENTS (continued) Page -iv- Section 17.5 Reliance by Third Parties ................................................................... 38 Section 17.6 Provisions in Conflict with Law ........................................................ 39 Section 17.7 Rules of Construction; Headings ....................................................... 39 1 CHICAGO/#3198044.6 This DECLARATION OF TRUST is made as of the 5th day of December, 2018, by the parties signatory hereto, as trustee(s) (such person or persons, so long as they shall continue in office in accordance with the terms of this Declaration of Trust, and all other persons who at the time in question have been duly elected or appointed as trustees in accordance with the provisions of this Declaration of Trust and are then in office, being hereinafter called the “Trustees”). W I T N E S S E T H: WHEREAS, certain political corporations and subdivisions of the State of Illinois (the “State”) desire to form a trust fund under the laws of the State for the purpose of combining their respective available investment funds so as to enhance the investment opportunities available to them and increase the investment earnings accruing to the benefit of the respective municipalities on behalf of which they acted, pursuant to the ensuing constitutional and statutory authority; and WHEREAS, the aforementioned entity for joint investment will be for the exclusive benefit of political corporations or subdivisions of the State excluding school districts, community college districts and educational service regions (the “Participants”); and WHEREAS, the authority for the Participants to jointly invest their funds comes from the following sources:  Article VII, Section 10 of the Constitution of the State of Illinois provides, among other things, that the State shall encourage intergovernmental cooperation and use its technical and financial resources to assist intergovernmental activities among its units of local government; and  The Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), as amended (the “Cooperation Act”), provides a statutory framework that supplements the constitutional grant of intergovernmental cooperation powers found in said Article VII, Section 10; and  Section 3 of the Cooperation Act provides that “[a]ny power or powers, privileges, functions, or authority exercised or which may be exercised by a public agency of [the] State may be exercised, combined, transferred, and enjoyed jointly with any other public agency of [the] State … except where specifically and expressly prohibited by law”; and  Section 5 of the Cooperation Act provides that any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract and shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and  The Illinois Municipal Code (65 ILCS 5/1-1-1 et seq.), as amended (the “Municipal Code”), provides, among other things, that the corporate authorities of each 2 CHICAGO/#3198044.6 municipality may exercise jointly, with one or more other municipal corporations or governmental subdivisions or districts, all of the powers set forth in the Municipal Code; and  Section 3.1-35-50(d) of the Municipal Code provides, among other things, the following: (d) Notwithstanding any other provision of this Act or any other law, each official custodian of municipal funds, including, without limitation, each municipal treasurer or finance director or each person properly designated as the official custodian for municipal funds, including, without limitation, each person properly designated as official custodian for funds held by an intergovernmental risk management entity, self-insurance pool, waste management agency, or other intergovernmental entity composed solely of participating municipalities, is permitted to: (i) combine moneys from more than one fund of a single municipality, risk management entity, self-insurance pool, or other intergovernmental entity composed solely of participating municipalities for the purpose of investing such moneys; (ii) join with any other official custodians or treasurers of municipal, intergovernmental risk management entity, self-insurance pool, waste management agency, or other intergovernmental entity composed solely of participating municipalities for the purpose of jointly investing the funds of which the official custodians or treasurers have custody; and (iii) enter into agreements of any definite or indefinite term regarding the redeposit, investment, or withdrawal of municipal, risk management entity, self-insurance agency, waste management agency, or other intergovernmental entity funds. When funds are combined for investment purposes as authorized in this Section, the moneys combined for those purposes shall be accounted for separately in all respects, and the earnings from such investment shall be separately and individually computed, recorded, and credited to the fund, municipality, intergovernmental risk management entity, self-insurance pool, waste management agency, or other intergovernmental entity, as the case may be, for which the investment was acquired. Joint investments shall be made only in investments authorized by law for investment of municipal funds. The grant of authority contained in this subsection is cumulative, supplemental, and in addition to all other power or authority granted by any other law and shall not be construed as a limitation of any power and authority otherwise granted. 3 CHICAGO/#3198044.6  The Local Government Debt Reform Act (30 ILCS 350/1 et seq.) (the “Debt Reform Act”), as amended, provides in Section 12 that “a governing body may authorize and upon such authorization the treasurer of any governmental unit may . . . join with the treasurers of other governmental units for the purpose of jointly investing the funds of which the treasurer has custody.” NOW, THEREFORE, the Participants hereby declare that all moneys, assets, securities, funds and property now or hereafter acquired by the Trustees, and their successors and assigns, shall be held and managed in trust for the proportionate benefit of the holders of record from time to time of shares of beneficial interest issued and to be issued hereunder, without privilege, priority or distinction among such holders, except as otherwise specifically provided herein, and subject to the terms, covenants, conditions, purposes and provisions hereof. ARTICLE I DEFINITIONS Section 1.1 Wherever used in this Declaration of Trust, unless the context clearly indicates otherwise, the following words shall have the following meanings: (a) “Administration Agreement” shall mean the agreement with the Administrator referred to in Section 4.4 hereof, as the same may be amended from time to time. (b) “Administrator” shall mean any Person or Persons appointed, employed or contracted with by the Trustees under the applicable provisions of Section 4.1 and Section 4.4 hereof. (c) “Adviser” shall mean any Person or Persons appointed, employed or contracted with by the Trustees under the applicable provisions of Section 4.1 and Section 4.2 hereof. (d) “Affiliate” shall mean, with respect to any Person, another Person directly or indirectly controlled, controlled by or under common control with such Person, or any officer, director, partner or employee of such Person. (e) “Board” shall mean the Board of Trustees elected pursuant to Article XI hereof. (f) “By-laws” shall mean the by-laws of the Trust as adopted pursuant to Section 11.12 hereof. (g) “Certificate of Designation” shall mean a Certificate of Designation adopted by the Trustees pursuant to Section 7.1(b) hereof with respect to a Series of Shares. (h) “Chairperson” shall have the meaning given to it in Section 11.9 hereof. (i) “Class” shall mean each class of Shares of the Fund or of a Series of the Fund established and designated under and in accordance with the provisions of Article VII hereof. 4 CHICAGO/#3198044.6 (j) “Conflicting Provisions” shall have the meaning given to it in Section 17.6 hereof. (k) “Cooperation Act” shall mean the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), as amended. (l) “Custodian” shall mean any Person or Persons appointed, employed or contracted with by the Trustees under the applicable provisions of Article XIII hereof. (m) “Custodian Agreement” shall mean any agreement with a Custodian referred to in Article XIII hereof, as such agreement may be amended from time to time. (n) “Debt Reform Act” shall mean the Local Government Debt Reform Act (30 ILCS 350/1 et seq.), as amended. (o) “Declaration of Trust” shall mean this Declaration of Trust as amended, restated or modified from time to time. References in this Declaration of Trust to “Declaration,” “hereof,” “herein,” “hereby” and “hereunder” shall be deemed to refer to this Declaration of Trust and shall not be limited to the particular text, article or section in which such words appear. (p) “Distributor” shall mean any Person or Persons appointed, employed or contracted with by the Trustees under the applicable provisions of Section 4.1 and Section 4.5 hereof. (q) “Distribution Agreement” shall mean the agreement with the Distributor referred to in Section 4.5 hereof, as the same may be amended from time to time. (r) “Eligible Participants” shall mean (i) Public Agency Treasurers acting on behalf of their Municipalities (as defined in the Municipal Code), (ii) each official custodian of Public Funds, whose intergovernmental risk management entity, self-insurance pool, waste management agency or other intergovernmental entity is composed solely of participating Municipalities (as defined in the Municipal Code) organized under the Laws of the State and (iii) each official custodian of funds of a Public Agency, in each case with the exception of school districts, community college districts and educational service regions. As used in this definition and hereinafter in this Declaration, the phrase “official custodian” shall refer to such officer or officers only in their official capacity as such, and not individually or personally. (s) “Fund” shall mean the common-law trust created by this Declaration, also referred to as the Illinois Public Reserves Investment Management Trust. (t) “Fund Property” shall mean, as of any particular time, any and all property, real, personal or otherwise, tangible or intangible, which is transferred, conveyed or paid to the Fund or the Trustees and all income, profits and gains therefrom and which, at such time, is owned or held by, or for the account of, the Fund or the Trustees. (u) “Information Statement” shall mean the information statement or other descriptive document or documents adopted as such by the Trustees and distributed by the Fund 5 CHICAGO/#3198044.6 to Participants and potential Participants of the Fund, as the same may be amended by the Trustees from time to time. (v) “Investment Advisory Agreement” shall mean the agreement with the Adviser referred to Section 4.2 hereof, as the same may be amended from time to time. (w) “Laws” shall mean common law and all ordinances, statutes, rules, regulations, orders, injunctions, decisions, opinions or decrees of any government or political subdivision or agency thereof, or any court or similar entity established by any thereof. (x) “Municipal Code” shall mean the Illinois Municipal Code (65 ILCS 5/1-1- 1 et seq.), as amended. (y) “Participants” shall mean the Eligible Participants who adopt this Declaration pursuant to Article X hereof, notwithstanding its usage in the preamble of this Declaration. (z) “Permitted Investments” shall mean the investments referred to in Section 3.2(b) hereof. (aa) “Person” shall mean and include individuals, corporations, limited partnerships, general partnerships, joint stock companies or associations, joint ventures, associations, companies, trusts, banks, trust companies, land trusts, business trusts or other entities (whether or not legal entities), and governments and agencies and political subdivisions thereof. (bb) “Public Agency” shall mean (i) a political corporation or subdivision of the State, (ii) any entity as set forth in Section 2 of the Cooperation Act or (iii) any “governmental unit” as set forth in Section 3 of the Debt Reform Act. (cc) “Public Agency Treasurer” shall mean an individual officially charged with the performance or supervision of one or more of the following fiscal responsibilities: collection, receipt, tabulation, custody, deposit, investment or disbursement of Public Funds. The term shall include those Persons with the title “Finance Director,” or any similar title, if the Person performs or supervises the aforementioned fiscal responsibilities. The term shall refer to such officer or officers only in their official capacity as such, and not individually or personally. (dd) “Public Funds” shall mean monies subject to the Public Funds Investment Act. (ee) “Public Funds Investment Act” shall mean the Public Funds Investment Act (30 ILCS 235/0.01 et seq.), as amended. (ff) “Secretary” shall have the meaning given to it in Section 11.10 hereof. (gg) “Series” shall mean a category of the Shares authorized by the Trustees pursuant to Article VII hereof. 6 CHICAGO/#3198044.6 (hh) “Share” shall mean the unit used to denominate and measure the respective pro rata beneficial interests of the Participants in the Fund (or any Series thereof) as described in Article VII hereof. (ii) “Share Register” shall mean the register of Shares maintained pursuant to Section 8.1 hereof. (jj) “State” shall mean the State of Illinois. (kk) “Treasurer” shall have the meaning given to it in Section 11.11 hereof. (ll) “Trustees” shall mean the Persons who become fiduciaries of the Fund pursuant to Article XI hereof, notwithstanding its usage in the preamble of this Declaration. ARTICLE II THE FUND Section 2.1 Name. The name of the common-law trust created by this Declaration shall be Illinois Public Reserves Investment Management Trust (the “Fund”) and, so far as may be practicable, the Trustees shall conduct the Fund’s activities, execute all documents and sue or be sued under that name, which name (and the word “Fund” wherever used in this Declaration, except where the context otherwise requires) shall refer to the Trustees in their capacity as Trustees, and not individually or personally, and shall not refer to the officers, agents, employees, counsel, advisers, consultants, accountants or Participants of the Fund or of such Trustees. Should the Trustees determine that the use of such name is not practicable, legal or convenient, they may use such other designation or they may adopt such other name for the Fund as they deem proper, and the Fund may hold Property and conduct its activities under such other designation or name. The Trustees shall take such action as they, acting with the advice of counsel, shall deem necessary or appropriate to file or register such name in accordance with the laws of the State or the United States of America so as to protect and reserve the right of the Fund in and to such name. The Trustees shall have full and complete power and absolute discretion to change the name, without the affirmative vote of the Participants as set forth in Section 9.4(b) hereof, provided, however, that notice of any such change of name shall be promptly given to the Participants. Section 2.2 Purpose; Authorization; Changes of Incumbent in Office. (a) The purpose of the Fund is to provide an instrumentality and agency through which each Eligible Participant may jointly act, agree and cooperate in accordance with the Laws of the State in the performance of their responsibilities to invest available funds so as to enhance their investment opportunities pursuant to an investment program conducted in accordance with the Laws of the State, from time to time in effect, governing the investment of funds of Eligible Participants. Only Eligible Participants may become Participants. (b) No Eligible Participant shall become a Participant unless and until the corporate authorities or governing body of such Eligible Participant has adopted this Declaration in accordance with Article X hereof and identified the Eligible Participant with respect to the funds of which he is acting except as set forth in paragraph (c) below. It is not necessary for a Public Agency Treasurer or an official custodian to place any funds in the Fund to become a Participant, 7 CHICAGO/#3198044.6 and no minimum investment balance must be maintained by a Public Agency Treasurer or an official custodian that has become a Participant in order for such Eligible Participant to continue to be a Participant. (c) In the event that a Public Agency Treasurer or an official custodian, as applicable, shall die, resign or be removed from office, or the office shall otherwise become vacant, any funds placed by the Public Agency Treasurer in the Fund shall be held hereunder for the benefit of the Eligible Participant for which he was acting at the time the vacancy occurred. Any Public Agency Treasurer or official custodian from time to time assuming office as such either to fill a vacancy in such office or to begin a new term following the expiration of the term in office of a predecessor shall be a Participant, as the successor of the predecessor in office, without further action, unless and until the successor shall have resigned and withdrawn from the Fund pursuant to Section 9.10 hereof. Section 2.3 Location. The Fund shall maintain an office of record in the State and may maintain such other offices or places of business as the Trustees may from time to time determine. The initial office of record of the Fund shall be: 2135 CityGate Lane, 7th Floor, Naperville, Illinois 60563. The office of record may be changed from time to time by resolution of the Trustees, and notice of such change of the office of record shall be given to each Participant. Section 2.4 Nature of Fund; Duration. (a) The Fund shall be a common-law trust organized under the laws of the State. The Fund is not intended to be, shall not be deemed to be and shall not be treated as a general partnership, limited partnership, joint venture, corporation, investment company or joint stock company. The Participants shall be beneficiaries of the Fund, and their relationship to the Trustees shall be solely in their capacity as Participants and beneficiaries in accordance with the rights conferred upon them hereunder. (b) This Declaration is an agreement of indefinite term regarding the deposit, redeposit, investment, reinvestment and withdrawal of Public Funds within the meaning of the Laws of the State. The Fund shall continue in existence in perpetuity, subject in all respects to the provisions of this Declaration. ARTICLE III POWERS OF THE TRUSTEES Section 3.1 General. Subject to the rights of the Participants as provided herein, the Trustees shall have, without other or further authorization, full, exclusive and absolute power, control and authority over the Fund Property and over the affairs of the Fund to the same extent as if the Trustees were the sole and absolute owners of the Fund Property in their own right, and with such powers of delegation as may be permitted by this Declaration. The Trustees may do and perform such acts and things as in their sole judgment and discretion are necessary and proper for conducting the affairs of the Fund or promoting the interests of the Fund and the Participants. The enumeration of any specific power or authority herein shall not be construed as limiting the aforesaid general power or authority or any specific power or authority. The Trustees may exercise any power authorized and granted to them by this Declaration. 8 CHICAGO/#3198044.6 Section 3.2 Permitted Investments. The Trustees shall have full and complete power, subject in all respects to Article V hereof: (a) to conduct, operate and provide an investment program for all Eligible Participants; and (b) for such consideration as they may deem proper and as may be required by Law, to subscribe for, invest in, reinvest in, purchase or otherwise acquire, hold, pledge, sell, assign, transfer, exchange, distribute or otherwise deal in or dispose of investment instruments of the following type and nature, which shall hereinafter be collectively referred to as “Permitted Investments”: (i) bonds, notes, certificates of indebtedness, treasury bills or other securities now or hereafter issued, which are guaranteed by the full faith and credit of the United States of America as to principal and interest; (ii) bonds, notes, debentures or other similar obligations of the United States of America or its agencies and instrumentalities; (iii) interest-bearing savings accounts, interest-bearing certificates of deposit or interest-bearing time deposits or other instruments constituting direct obligations of any bank as defined by the Illinois Banking Act (205 ILCS 5/1 et seq.), provided, however, that such bank is insured by the Federal Deposit Insurance Corporation; (iv) short-term obligations of corporations organized in the United States of America with assets exceeding $500,000,000, provided, however, that such obligations are rated at the time of purchase within one of the three highest classifications established by at least two standard rating services, such obligations mature not later than 397 days from the date of purchase, and such purchases do not exceed 10% of the applicable corporation’s outstanding obligations and further provided, however, that no more than one-third of the Fund’s assets shall be invested in such short-term obligations at any one time; (v) money market mutual funds registered under the Investment Company Act of 1940, as from time to time amended, provided, however, that the portfolio of any such money market mutual funds is limited to obligations described in paragraph (i) or (ii) of this Section 3.2(b) and to agreements to repurchase such obligations; (vi) short-term discount obligations of the Federal National Mortgage Association or shares or other forms of securities legally issuable by savings banks or savings and loan associations incorporated under the Laws of the State or any other state or under the Laws of the United States of America, provided, however, that investments may be made only in those savings banks or savings and loan associations the shares, or investment certificates, of which are insured by the Federal Deposit Insurance Corporation, any such securities are purchased at the offering or market price thereof at the time of such purchase, and all such securities so purchased shall mature or be redeemable on a date or dates prior to the time when, in the judgment of the Trustees, the funds so invested will be 9 CHICAGO/#3198044.6 required for the payment of funds to Participants upon the withdrawal of moneys from the Fund; (vii) a Public Treasurer’s Investment Pool created under Section 17 of the State Treasurer Act (15 ILCS 505/17); and (viii) any other investment instruments now or hereafter permitted by the provisions of the Public Funds Investment Act or any other applicable statutes or hereafter permitted by reason of the amendment of the Public Funds Investment Act or the adoption of any other statute applicable to the investment of the funds of a Public Agency; and (c) to contract for, and enter into agreements with respect to, the purchase and sale or redemption of Permitted Investments. In the exercise of their powers, the Trustees shall not be limited, except as otherwise provided hereunder, to investing in Permitted Investments maturing before the possible termination of the Fund. Except as otherwise provided in this Declaration, the Trustees shall not be limited by any Law now or hereafter in effect limiting the investments which may be held or retained by trustees or other fiduciaries, and they shall have full authority and power to make any and all Permitted Investments within the limitations of this Declaration that they, in their absolute discretion, shall determine to be advisable and appropriate. The Trustees shall have no liability for loss with respect to Permitted Investments made within the terms of this Declaration, even though such investments shall be of a character or in an amount not considered proper for the investment of trust funds by trustees or other fiduciaries. The Trustees shall be permitted to make Permitted Investments only in accordance with Article V of this Declaration. Section 3.3 Legal Title. (a) Legal title to all of the Fund Property shall be vested in the Trustees on behalf of the Participants and be held by and transferred to the Trustees, except that the Trustees shall have full and complete power to cause legal title to any Fund Property to be held, on behalf of the Participants, by or in the name of the Fund, or in the name of any other Person as nominee, on such terms, in such manner and with such powers as the Trustees may determine, so long as in their judgment the interest of the Fund is adequately protected. (b) The right, title and interest of the Trustees in and to the Fund Property shall vest automatically in all persons who may hereafter become Trustees upon their due election and qualification without any further act. Upon the resignation, disability, removal, adjudication as an incompetent, or death of a Trustee, the Trustee (and, in the event of the Trustee’s death, the Trustee’s estate) shall automatically cease to have any right, title or interest in or to any of the Fund Property, and the right, title and interest of such Trustee in and to the Fund Property shall vest automatically in the remaining Trustees without any further act. Section 3.4 Disposition of Assets. Subject in all respects to Article V hereof, the Trustees shall have full and complete power to sell, exchange or otherwise dispose of any and all Fund Property free and clear of any and all trusts and restrictions, at public or private sale, for cash or on terms, with or without advertisement, and subject to such restrictions, stipulations, agreements and reservations as they shall deem proper, and to execute and deliver any deed, power, assignment, bill of sale or other instrument in connection with the foregoing. The Trustees shall 10 CHICAGO/#3198044.6 also have full and complete power, subject in all respects to Article V hereof, and in furtherance of the affairs and purposes of the Fund, to give consents and make contracts relating to Fund Property or its use. Section 3.5 Taxes. The Trustees shall have full and complete power: (i) to pay all taxes or assessments, of whatever kind or nature, validly and lawfully imposed upon or against the Fund or the Trustees in connection with the Fund Property or upon or against the Fund Property or income or any part thereof; (ii) to settle and compromise disputed tax liabilities; and (iii) for the foregoing purposes to make such returns and do all such other acts and things as may be deemed by the Trustees to be necessary or desirable. All said expenditures shall be made from Fund Property. Section 3.6 Rights as Holders of Fund Property. The Trustees shall have full and complete power to exercise on behalf of the Participants all of the rights, powers and privileges appertaining to the ownership of all or any Permitted Investments or other property forming part of the Fund Property to the same extent that any individual might, and, without limiting the generality of the foregoing, to vote or give any consent, request or notice or waive any notice either in person or by proxy or power of attorney, with or without the power of substitution, to one or more Persons, which proxies and powers of attorney may be for meetings or actions generally, or for any particular meeting or action, and may include the exercise of discretionary powers. Section 3.7 Delegation; Committees. The Trustees shall have full and complete power (consistent with their continuing exclusive authority over the management of the Fund, the conduct of its affairs, their duties and obligations as Trustees, and the management and disposition of the Fund Property), to delegate from time to time to such one or more of their number (who may be designated as constituting a committee of the Trustees) or to officers, employees or agents of the Fund (including, without limitation, the Administrator, the Adviser and the Custodian), the doing of such acts and things and the execution of such instruments either in the name of the Fund, or in the names of the Trustees or as their attorney or attorneys, or otherwise, as the Trustees may from time to time deem expedient and appropriate in the furtherance of the business affairs and purposes of the Fund. Section 3.8 Collection. The Trustees shall have full and complete power: (i) to collect, sue for, receive and receipt for all sums of money or other property due to the Fund; (ii) to consent to extensions of the time for payment, or to the renewal of any securities, investments or obligations; (iii) to engage or intervene in, prosecute, defend, compromise, abandon or adjust by arbitration or otherwise any actions, suits, proceedings, disputes, claims, demands or things relating to the Fund Property; (iv) to foreclose any collateral, security or instrument securing any investments, notes, bills, bonds, obligations or contracts by virtue of which any sums of money are owed to the Fund; (v) to exercise any power of sale held by them, and to convey good title thereunder free of any and all trusts, and in connection with any such foreclosure or sales to purchase or otherwise acquire title to any property; (vi) to be parties to reorganization and to transfer to and deposit with any corporation, committee, voting trustee or other Person any securities, investments or obligations of any Person which form a part of the Fund Property, for the purpose of such reorganization or otherwise; (vii) to participate in any arrangement for enforcing or protecting the interests of the Trustees as the owners or holders of such securities, investments or obligations, and to pay any assessment levied in connection with such 11 CHICAGO/#3198044.6 reorganization or arrangement; (viii) to extend the time (with or without security) for the payment or delivery of any debts or property, and to execute and enter into releases, agreements and other instruments; and (ix) to pay or satisfy any debts or claims upon any evidence that the Trustees shall deem sufficient. Section 3.9 Payment of Expenses. The Trustees shall have full and complete power: (i) to incur and pay any charges or expenses which in the opinion of the Trustees are necessary or incidental to or proper for carrying out any of the purposes of this Declaration; (ii) to reimburse others for the payment therefor; and (iii) to pay appropriate compensation or fees from the funds of the Fund to Persons with whom the Fund has contracted or transacted business. The Trustees shall fix the compensation, if any, of all officers and employees of the Fund. The Trustees shall not be paid compensation for their general services as Trustees hereunder. The Trustees may receive reimbursement for expenses reasonably incurred by themselves or any one or more of themselves on behalf of the Fund. The Trustees may allocate such expenses among various Series in such manner and proportion as appropriate in the discretion of the Trustees. The Trustees shall periodically review the expenses of the Fund. Section 3.10 Borrowing and Indebtedness. The Trustees shall not have the power to borrow money or incur indebtedness on behalf of the Fund, or authorize the Fund to borrow money or incur indebtedness, except as provided in Section 5.2(c) of this Declaration, but only if and to the extent permitted by Law. Section 3.11 Deposits. The Trustees shall have full and complete power to deposit, in such manner as may now and hereafter be permitted by Law, any moneys or funds included in the Fund Property, and intended to be used for the payment of expenses of the Fund or the Trustees, with one or more banks, trust companies or other banking institutions whether or not such deposits will draw interest. Such deposits are to be subject to withdrawal in such manner as the Trustees may determine, and the Trustees shall have no responsibility for any loss which may occur by reason of the failure of the bank, trust company or other banking institution with which the moneys, investments or securities have been deposited. Each such bank, trust company or other banking institution shall comply, with respect to such deposit, with all applicable requirements of all applicable Laws including, but not limited to, the Municipal Code. Section 3.12 Valuation. Subject to Article XII hereof, the Trustees shall have full and complete power to determine in good faith conclusively the value of any of the Fund Property and to revalue the Fund Property. Section 3.13 Fiscal Year; Accounts. The Trustees shall have full and complete power to determine the fiscal year of the Fund and the method or form in which its accounts shall be kept and from time to time to change the fiscal year or method or form of accounts. Unless otherwise determined by the Trustees pursuant to this Section, the fiscal year of the Fund shall terminate on April 30 and commence on May 1 of each calendar year. Section 3.14 Concerning the Fund and Certain Affiliates. (a) The Fund may enter into transactions with any Affiliate of the Fund or of the Adviser, the Administrator, the Custodian or any Affiliate of any Trustee, officer, director, employee or agent of the Fund or of the Adviser, the Administrator or the Custodian if (i) each such transaction (or type of transaction) has, after 12 CHICAGO/#3198044.6 disclosure of such affiliation, been approved or ratified by the affirmative vote of a majority of the Trustees, including a majority of the Trustees who are not Affiliates of any Person (other than the Fund) who is a party to the transaction or transactions with the Fund and (ii) such transaction (or type of transaction) is, in the opinion of the Trustees, on terms fair and reasonable to the Fund and the Participants and at least as favorable to them as similar arrangements for comparable transactions (of which the Trustees have knowledge) with organizations unaffiliated with the Fund or with the Person who is a party to the transaction or transactions with the Fund. (b) Except as otherwise provided in this Declaration or in the Laws of the State, in the absence of fraud, a contract, act or other transaction between the Fund and any other Person, or in which the Fund is interested is valid and no Trustee, officer, employee or agent of the Fund has any liability as a result of entering into any such contract, act or transaction even though (i) one or more of the Trustees, officers, employees or agents of such other Person, or (ii) one or more of the Trustees, officers, employees or agents of the Fund, individually or jointly with others, is a party or are parties to or directly interested in, or affiliated with, such contract, act or transaction, provided, however, that (i) such interest or affiliation is disclosed to the Trustees, and the Trustees authorize such contract, act or other transaction by a vote of a majority of the unaffiliated Trustees, or (ii) such interest or affiliation is disclosed to the Participants, and such contract, act or transaction is approved by the Participants as provided in Section 9.4(b) hereof. (c) Any Trustee, officer, employee, or agent of the Fund may, in his personal capacity, or in a capacity as trustee, officer, director, stockholder, partner, member, agent, adviser or employee of any Person, have business interests and engage in business activities in addition to those relating to the Fund, which interests and activities may be similar to those of the Fund and include the acquisition, syndication, holding, management, operation or disposition of securities, investments and funds, for his own account or for the account of such Person. Each Trustee, officer, employee and agent of the Fund shall be free of any obligation to present to the Fund any investment opportunity which comes to him in any capacity other than solely as Trustee, officer, employee or agent of the Fund, even if such opportunity is of a character which, if presented to the Fund, could be taken by the Fund. (d) Subject to the provisions of Article IV hereof, any Trustee, officer, employee or agent of the Fund may be interested as trustee, officer, director, stockholder, partner, member, agent, adviser or employee of, or otherwise have a direct or indirect interest in, any Person who may be engaged to render advice or services to the Fund, and may receive compensation from such Person as well as compensation as Trustee, officer, employee or agent of the Fund or otherwise hereunder. None of the activities and interests referred to in this paragraph (d) shall be deemed to conflict with his duties and powers as Trustee, officer, employee or agent of the Fund. (e) To the extent that any other provision of this Declaration conflicts with, or is otherwise contrary to the provisions of, this Section 3.14, the provisions of this Section 3.14 shall be deemed controlling. (f) Notwithstanding the foregoing provisions of this Section 3.14, the Trustee shall have the power to engage in any transaction with any Affiliate that would not be inconsistent with the Laws of the State or the United States concerning public ethics and conflicts of interest, 13 CHICAGO/#3198044.6 and the By-laws of the Fund may contain provisions more restrictive than those set forth in this Section 3.14. Section 3.15 Investment Program. The Trustees shall use their best efforts to obtain through the Adviser or other qualified persons a continuing and suitable investment program, consistent with the investment policies and objectives of the Fund set forth in Article V of this Declaration. Subject to the provisions of Section 3.7 and Section 4.1 hereof, the Trustees may delegate functions arising under this Section 3.15 to one or more Adviser or other Persons. The Trustees also shall have full and complete power to contract for or to otherwise obtain from or through the Adviser, the Administrator or other qualified Persons for the benefit of, and to make available to, the Participants of the Fund from time to time, additional investment and non- investment programs and services distinct from the Fund’s program of investments measured by Shares, but consistent with the investment goals and objectives of the Fund and the general purposes of this Declaration. Section 3.16 Power to Contract, Appoint, Retain and Employ. Subject to the provisions of Section 3.7 and Section 4.1 hereof with respect to delegation of authority by the Trustees, the Trustees shall have full and complete power to appoint, employ, retain or contract with any Person of suitable qualifications and high repute (including any corporation, partnership, trust or other entity of which one or more of them may be an Affiliate, subject to the applicable requirements of Section 3.14 hereof) as the Trustees may deem necessary or desirable for the transaction of the affairs of the Fund, or the transaction of the affairs of any additional investment programs or services or non-investment programs or services of any nature affiliated with the Fund or otherwise contracted for or by the Fund, including any Person or Persons who, under the supervision of the Trustees, may, among other things (i) serve as the Fund’s investment adviser; (ii) serve as the Fund’s administrator or co-administrator; (iii) furnish reports to the Trustees and provide research, economic and statistical data in connection with the Fund’s investments; (iv) act as auditors, distributors, consultants, accountants, technical advisers, attorneys, brokers, underwriters, corporate fiduciaries, escrow agents, depositories, custodians or agents for collection, insurers or insurance agents, registrars for Shares or in any other capacity deemed by the Trustees to be necessary or desirable; (v) investigate, select and, on behalf of the Fund, conduct relations with Persons acting in such capacities, and pay appropriate fees to, and enter into appropriate contracts with, or employ, or retain services performed or to be performed by, any of them in connection with the investments acquired, sold or otherwise disposed of, or committed, negotiated or contemplated to be acquired, sold or otherwise disposed of; (vi) substitute any other Person for any such Person; (vii) act as attorney-in-fact or agent in the purchase or sale or other disposition of investments, and in the handling, prosecuting or other enforcement of any lien or security securing investments; (viii) assist in the performance of such ministerial functions necessary in the management of the Fund as may be agreed upon with the Trustees; and (ix) any of the foregoing as may be agreed upon by the Trustees with regard to any additional investment and non- investment programs and services for the benefit of the Participants. Section 3.17 Insurance. The Trustees shall have full and complete power to purchase and pay for, entirely out of Fund Property, insurance policies insuring the Fund and the Trustees, officers, employees and agents of the Fund individually against all claims and liabilities of every nature arising by reason of holding or having held any such office or position, or by reason of any action alleged to have been taken or omitted by the Fund or any such Person as Trustee, officer, 14 CHICAGO/#3198044.6 employee or agent, including any action taken or omitted that may be determined to constitute negligence, whether or not the Fund would have the power to indemnify such Person against such liability. Section 3.18 Seal. The Trustees shall have full and complete power to adopt and use a seal for the Fund, but, unless otherwise required by the Trustees, it shall not be necessary for the seal to be placed on, and its absence shall not impair the validity of, any document, instrument or other paper executed and delivered by or on behalf of the Fund. Section 3.19 Indemnification. In addition to the mandatory indemnification provided for in Section 6.4 hereof, the Trustees shall have full and complete power, to the extent permitted by applicable Laws, to indemnify or enter into agreements with respect to indemnification with any Person with whom the Fund has dealings, including, without limitation, the Adviser, the Administrator and the Custodian, to such extent as the Trustees shall determine. Section 3.20 Remedies. Notwithstanding any provision in this Declaration, when the Trustees deem that there is a significant risk that an obligor to the Fund may default or is in default under the terms of any obligation to the Fund, the Trustees shall have full and complete power to pursue any remedies permitted by Law which, in their sole judgment, are in the interests of the Fund, and the Trustees shall have full and complete power to enter into any investment, commitment or obligation of the Fund resulting from the pursuit of such remedies as are necessary or desirable to dispose of property acquired in the pursuit of such remedies. Section 3.21 Further Powers. The Trustees shall have full and complete power to take all such actions, do all such matters and things, and execute all such instruments as they deem necessary, proper or desirable in order to carry out, promote or advance the interests and purposes of the Fund although such actions, matters or things are not herein specifically mentioned. Any determination as to what is in the best interests of the Fund made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration, the presumption shall be in favor of a grant of power to the Trustees. The Trustees shall not be required to obtain any court order to deal with the Fund Property or exercise their duties. ARTICLE IV SERVICE CONTRACTS Section 4.1 Appointment of Adviser, Administrator and Distributor. The Trustees are responsible for the general investment policy and program of the Fund and for the general supervision and administration of the business and affairs of the Fund conducted by the officers, agents, employees, investment advisers, administrators, consultants, distributors or independent contractors of the Fund. However, the Trustees are not required personally to conduct all of the routine business of the Fund and, consistent with their ultimate responsibility as stated herein, the Trustees shall appoint, employ or contract with the Adviser as an investment adviser to the Trustees, the Administrator as an administrator for the Fund and the Distributor as the distributor of Shares, and may grant or delegate such authority to the Adviser, Administrator or Distributor (pursuant to the terms of Section 3.16 hereof), or to any other Person the services of whom are obtained by the Adviser, Administrator or Distributor, as the Trustees may, in their sole discretion, 15 CHICAGO/#3198044.6 deem necessary or desirable, for the efficient management of the Fund, without regard to whether such authority is normally granted or delegated by trustees or other fiduciaries. The Trustees may appoint one or more Persons to serve jointly as co-advisers, co-administrators, or co-distributors; provided, however, that the Adviser must agree to the appointment of any co-advisers, that the Administrator must agree to the appointment of any co-administrators and that the Distributor must agree to the appointment of any co-distributors. Section 4.2 Duties of the Adviser. The duties of the Adviser shall be those set forth in the Investment Advisory Agreement entered into between the Fund and the Person or Persons designated pursuant to Section 4.1 as the Adviser or co-advisers. Such duties may be modified by the Trustees, from time to time, by the amendment of the Investment Advisory Agreement. Subject to Article V hereof, the Trustees may authorize the Adviser to effect purchases, sales or exchanges of Fund Property on behalf of the Trustees or may authorize any officer, employee, agent or Trustee to effect such purchases, sales or exchanges pursuant to recommendations of the Adviser, all without further action by the Trustees. Any and all of such purchases, sales and exchanges shall be deemed to be authorized by all the Trustees. The Investment Advisory Agreement may authorize the Adviser to employ other persons to assist in the performance of its duties. Section 4.3 Registration of the Adviser. The Adviser shall be registered as an investment adviser under the Investment Advisers Act of 1940 and shall maintain such registration in effect at all times during the term of the Investment Advisory Agreement. In the event that the Adviser is no longer registered as an investment adviser or such registration is suspended, the Trustees may, in their sole discretion, contract with an interim investment adviser for a period of up to two (2) years. If, at the conclusion of said period, the Adviser is still unable to serve as the investment adviser to the Fund due to its registration status or for any other reason, then the Fund may contract with a replacement Adviser. Section 4.4 Duties of the Administrator. The duties of the Administrator shall be those set forth in the Administration Agreement entered into between the Fund and the Person or Persons designated pursuant to Section 4.1 as the Administrator or co-administrator. Such duties may be modified by the Trustees, from time to time, by the amendment of the Administration Agreement. The Administration Agreement may authorize the Administrator to employ other persons to assist it in the performance of its duties. Section 4.5 Duties of the Distributor. The duties of the Distributor shall be those set forth in the Distribution Agreement entered into between the Fund and the Person or Persons designated pursuant to Section 4.1 as the Distributor. Such duties may be modified by the Trustees, from time to time, by the amendment of the Distribution Agreement. The Distribution Agreement may authorize the Distributor to employ other persons to assist it in the performance of its duties. Section 4.6 Sub-Adviser, Sub-Administrator; Sub-Distributor. Subject to Section 4.1, the Trustees may also authorize the Adviser, Administrator or Distributor to employ one or more sub-advisers, sub-administrators or sub-distributors from time to time to perform such of the acts and services of the Adviser, Administrator or Distributor, as applicable, and upon such terms and conditions, as may be agreed upon between the Adviser, Administrator or Distributor and such sub-adviser, sub-administrator or sub-distributor, as applicable, and approved by the Trustees; 16 CHICAGO/#3198044.6 provided, however, that such sub-advisers, sub-administrators or sub-distributors, as applicable, are agents of the Adviser, Administrator or Distributor respectively, and not of the Fund, and will be liable and responsible to the Adviser, Administrator or Distributor, as applicable, for performance of their respective services and that the Adviser, Administrator or Distributor, as applicable, shall acknowledge that the employment of a sub-adviser, sub-administrator or sub- distributor, as applicable, to perform such services does not relieve the Adviser, Administrator or Distributor, as applicable, of its respective liability and responsibility to the Fund, including (without limitation) for the failure of such sub-advisers, sub-administrators or sub-distributors, as applicable, to perform their duties. Section 4.7 Appointment and Duties of the Independent Accountant. The Trustees shall appoint an independent accountant for each fiscal year of the Fund. Such independent accountant shall perform such duties as may be directed by the Trustees, including, without limitation, the rendering of the opinions and reports and the making of the examinations referred to in Section 9.9 hereof in accordance with the standards referred to in such section. ARTICLE V INVESTMENTS Section 5.1 Statement of Investment Policy and Objective. Subject to the prohibitions and restrictions contained in Section 5.2 hereof, the general investment policy and objective of the Trustees shall be to provide a high current yield for the Participants of the Fund while maintaining safety and liquidity and to offer participation in a diversified portfolio of high-quality fixed-income instruments by investing in Permitted Investments in accordance with the Public Funds Investment Act and any other applicable provisions of Law as may be set forth more fully in the Fund’s Information Statement, as the same may be amended from time to time. Section 5.2 Restrictions, Fundamental to the Fund. Notwithstanding anything in this Declaration which may be deemed to authorize the contrary, the Fund: (a) may not make any investment other than investments authorized by the Public Funds Investment Act or any other applicable provisions of Law, as the same may be amended from time to time; (b) may not purchase any Permitted Investment if the effect of such purchase by the Fund would be to make the average dollar weighted maturity of the Fund’s investment portfolio greater than the period designated by the Trustees in the with respect to the Series to which such purchase of such Permitted Investment relates as set forth in the applicable Certificate of Designation; (c) may not borrow money or incur indebtedness whether or not the proceeds thereof are intended to be used to purchase Permitted Investments, except: (i) as a temporary measure to facilitate withdrawal requests which might otherwise require unscheduled dispositions of portfolio investments, including, without limitation, to facilitate withdrawal requests made by Participants and received by the Custodian after the Fund has already sold, or entered sell orders 17 CHICAGO/#3198044.6 for, portfolio investments to cover the withdrawal requests previously made on that date, and only to the extent permitted by Law; or (ii) as a temporary measure (not to exceed one (1) business day) from the Custodian to provide for the purchase of portfolio securities pending receipt by the Custodian of collected funds from a Participant who has notified the Fund before such purchase that it has wire transferred funds (or otherwise transferred immediately available funds) to the Fund in an amount sufficient to pay the purchase price of such securities, and only as and to the extent permitted by Law; provided, however, that nothing contained in this Section 5.2(c) shall permit, or be construed as permitting, the pledge of the assets of the Fund to secure any such borrowing except for the pledge of amounts, limited to the amount of such borrowing, held in the specific Participant’s account with the Fund for whom such borrowing was incurred; (d) may not make loans, provided that the Fund may make Permitted Investments; and (e) may not hold or provide for the custody of any Fund Property in a manner not authorized by Law or by any institution or Person not authorized by Law. Section 5.3 Amendment of Restrictions. The restrictions set forth in Section 5.2 hereof are fundamental to the operation and activities of the Fund and may not be changed without the affirmative vote of the Participants as provided in Section 9.4(b) hereof, except that such restrictions may be changed in the sole discretion of the Trustees so as to make them more restrictive when necessary to conform the investment program and activities of the Fund to the Laws of the State and the United States of America as such Laws may from time to time be amended. ARTICLE VI LIMITATIONS OF LIABILITY Section 6.1 Liability of Participants. No Participant shall be subject to any personal liability whatsoever, in tort, contract or otherwise, to any other Person or Persons in connection with Fund Property or the affairs of the Fund. Section 6.2 Liability to Third Parties. No Trustee, officer or employee of the Fund or any other Person designated by the Trustees shall be subject to any personal liability whatsoever, in tort, contract or otherwise, to any other Person or Persons in connection with Fund Property or the affairs of the Fund, except that each shall be personally liable for his bad faith, willful misconduct, gross negligence or reckless disregard of his duties or for his failure to act in good faith in the reasonable belief that his action was in the best interests of the Fund and except that the Investment Advisory Agreement shall provide for the personal liability of the Adviser for its willful or grossly negligent failure to take reasonable measures to restrict investments of Fund Property to those permitted by Law and this Declaration; and all such other Persons shall look solely to the Fund Property for satisfaction of claims of any nature arising in connection with the 18 CHICAGO/#3198044.6 affairs of the Fund. If any Participant, Trustee, officer or employee, as such, of the Fund or any other Person designated by the Trustees is made a party to any suit or proceedings to assert or enforce any such liability, he shall not on account thereof be held to any personal liability. Section 6.3 Liability to the Fund or to the Participants. No Trustee, officer or employee of the Fund or any other Person designated by the Trustees shall be liable to the Fund or to any Participant, Trustee, officer, employee or agent (including, without limitation, the Adviser, the Administrator, the Distributor and the Custodian) of the Fund for any action or failure to act (including, without limitation, the failure to compel in any way any former or acting Trustee to redress any breach of trust) except for his own bad faith, willful misfeasance, gross negligence or reckless disregard of his duties and except that the Investment Advisory Agreement shall provide for the personal liability of the Adviser for its willful or grossly negligent failure to take reasonable measures to restrict investments of Fund Property to those permitted by Law and this Declaration; provided, however, that the provisions of this Section 6.3 shall not limit the liability of any Person (including, without limitation, the Adviser, Administrator, Distributor and Custodian) with respect to breaches by it of a contract between it and the Fund. Section 6.4 Indemnification. (a) The Fund shall indemnify and hold each Participant harmless from and against all claims and liabilities, whether they proceed to judgment or are settled or otherwise brought to a conclusion, to which such Participant may become subject by reason of its being or having been a Participant, and the Fund shall reimburse such Participant for all legal and other expenses reasonably incurred by it in connection with any such claim or liability. The rights accruing to a Participant under this Section 6.4 shall not exclude any other right to which such Participant may be lawfully entitled, nor shall anything herein contained restrict the right of the Fund to indemnify or reimburse a Participant in any appropriate situation even though not specifically provided herein. (b) The Fund shall indemnify each of its Trustees and officers, and employees and other Persons designated by the Board of Trustees to receive such indemnification (including, without limitation, the Adviser, Administrator, Distributor and Custodian), against all liabilities and expenses (including, without limitation, amounts paid in satisfaction of judgments, amounts paid in compromise or as fines and penalties, and counsel fees) reasonably incurred by him in connection with the defense or disposition of any action, suit or other proceeding by the Fund or any other Person, whether civil or criminal, in which he may be involved or with which he may be threatened, while in office or thereafter, by reason of his being or having been such a Trustee, officer, employee or other designated Person, except as to any matter as to which he shall have been adjudicated to have acted in bad faith or with willful misfeasance or reckless disregard of his duties or gross negligence; provided, however, that the provisions of this Section 6.4 shall not be construed to permit the indemnification of any Person with respect to breaches by it of a contract between it and the Fund; and further provided, however, that, as to any matter disposed of by a compromise payment by such Trustee, officer, employee or other designated Person, pursuant to a consent decree or otherwise, no indemnification either for said payment or for any other expenses shall be provided unless the Fund shall have received a written opinion from independent counsel approved by the Trustees to the effect that if the foregoing matters had been adjudicated, the defenses that could have been presented on behalf of such Trustee, officer, employee or other designated Person were meritorious. The rights accruing to any Trustee, officer, employee or other designated Person under the provisions of this paragraph (b) of this Section 6.4 shall not exclude 19 CHICAGO/#3198044.6 any other right to which he may be lawfully entitled; provided, however, that no Trustee, officer, employee or other designated Person may satisfy any right of indemnity or reimbursement granted herein or to which he may be otherwise entitled except out of the Fund Property, and no Participant shall be personally liable to any Person with respect to any claim for indemnity or reimbursement or otherwise. The Trustees may make advance payments in connection with indemnification under this paragraph (b) of this Section 6.4, provided that the indemnified Trustee, officer, employee or other designated Person shall have given a written undertaking to reimburse the Fund in the event that it is subsequently determined that he is not entitled to such indemnification. (c) Any action taken by, or conduct on the part of, a Trustee, an officer or an employee of the Fund or other Person designated by the Trustees in conformity with, or in good- faith reliance upon, the provisions of Section 3.14 or Section 6.9 hereof shall not, for the purpose of this Declaration (including, without limitation, Section 6.1, Section 6.3 and this Section 6.4) constitute bad-faith, willful misfeasance, gross negligence or reckless disregard of his duties. Section 6.5 Surety Bonds. No Trustee shall, as such, be obligated to give any bond or surety or other security for the performance of any of his duties. Section 6.6 Apparent Authority. No purchaser, seller, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Fund shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustee or by such officer, employee or agent or make inquiry concerning or be liable for the application of money or property paid, transferred or delivered to or on the order of the Trustees or of such officer, employee or agent. Section 6.7 Recitals. Any written instrument creating an obligation of the Fund shall be conclusively taken to have been executed by a Trustee or an officer, employee or agent of the Fund only in his capacity as a Trustee under this Declaration or in his capacity as an officer, employee or agent of the Fund. Any written instrument creating an obligation of the Fund (other than instruments or agreements pertaining to the Fund’s investment on behalf of the Fund by the Adviser) shall refer to this Declaration and contain a recital to the effect that the obligations thereunder are not personally binding upon, nor shall resort be had to the property of, any of the Trustees, Participants, officers, employees or agents of the Fund, and that only the Fund Property or a specific portion thereof shall be bound, and such written instrument may contain any further similar recital which may be deemed appropriate; provided, however, that the omission of any recital pursuant to this Section 6.7 shall not operate to impose personal liability on any of the Trustees, Participants, officers, employees or agents of the Fund. Section 6.8 Trustees Not Experts. The appointment, designation or identification of a Trustee as Chairperson, a member or chair of a committee of the Trustees, as an expert on any topic or in any area, or as having experience, attributes or skills in any area, or any other appointment, designation or identification of a Trustee, shall not impose on that person any standard of care or liability that is greater than that imposed on that person as a Trustee in the absence of such appointment, designation or identification, and no Trustee who has special attributes, skills, experience or expertise, or is appointed, designated or identified as aforesaid, shall be held to a higher standard of care by virtue thereof. In addition, no appointment, 20 CHICAGO/#3198044.6 designation or identification of a Trustee as aforesaid shall affect in any way that Trustee’s rights or entitlement to indemnification or advancement of expenses. Section 6.9 Reliance on Experts, Etc. Each Trustee and each officer of the Fund shall, in the performance of his duties, be fully and completely justified and protected with regard to any act or any failure to act resulting from reliance in good faith upon the books of account or other records of the Fund, upon an opinion of counsel or upon reports made to the Fund by any of its officer or employees or by the Adviser, the Administrator, the Distributor and the Custodian, accountants, appraisers or other experts or consultants selected with reasonable care by the officers of the Fund. Section 6.10 Liability Insurance. The Trustees shall, at all times, maintain insurance for the protection of the Fund Property, and the Trustees, Participants, officers, employees and agents of the Fund, in such amount as the Trustees shall deem adequate to cover all foreseeable tort and contract liability to the extent available at reasonable rates. ARTICLE VII INTERESTS OF PARTICIPANTS Section 7.1 General. (a) The beneficial interest of the Participants hereunder in the Fund Property and the earnings thereon shall, for convenience of reference, be divided into Shares, which shall be used as units to measure the proportionate allocation to the respective Participants of the beneficial interest hereunder. The number of Shares that may be used to measure and represent the proportionate allocation of beneficial interest among the Participants is unlimited. The beneficial interest hereunder measured by the Shares shall not entitle a Participant to which Shares relate to preference, preemptive, appraisal, conversion or exchange rights of any kind with respect to the Fund or the Fund Property. Title to the Fund Property of every description and the right to conduct any affairs herein described are vested in the Trustees on behalf, and for the beneficial interest, of the Participants, and the Participants shall have no interest therein other than the beneficial interest conferred hereby and measured by their Shares, and they shall have no right to call for any partition or division of any property, profits, rights or interests of the Fund, nor can they be called upon to share or assume any losses of the Fund or suffer an assessment of any kind by virtue of the allocation of Shares to them, except as provided in Article XII hereof. The Trustees, in their discretion, from time to time, may authorize the division of Shares into separate and distinct Series of Shares and the division of any Series of Shares into separate Classes of Shares, each Series relating to a separate portfolio of investments. All references to Shares in this Declaration shall be deemed to be Shares of any one Series, any one or more Series or all Series, as the context may require. (b) If the Trustees shall divide the Shares into two or more Series , the following provisions shall be applicable: (i) The number of Shares of each Series that may be used to measure the respective beneficial interests of the Participants in the portfolio of investments to which such Series relates shall be unlimited. 21 CHICAGO/#3198044.6 (ii) The Trustees may authorize the division of any Series of Shares into separate Classes of Shares, each with different distribution, liquidation and other rights. (iii) The Trustees shall have the power to invest and reinvest the Fund Property applicable to each Series or Class in accordance with the investment policies and restrictions set forth in this Declaration, in the By-laws or otherwise. The Trustees may establish more restrictive investment policies and restrictions for any particular Series or Class. (iv) All funds received by the Fund from a Participant with respect to a particular Series or Class, together with all assets in which such funds are invested or reinvested, all income, earnings, profits and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and (except to the extent otherwise determined by the Trustees pursuant to Section 12.4 hereof) any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall irrevocably belong to that Series or Class for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Fund. In the event that there are any assets, income, earnings, profits or payments which are not readily identifiable as belonging to any particular Series or Class, the Trustees shall allocate them among any one or more of the Series or Class (or to a reserve pursuant to Section 12.4 hereof) established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable. Each such allocation by the Trustees shall be conclusive and binding upon the Participants of all Series or Classes for all purposes. (v) The assets belonging to each particular Series or Class shall be charged with the liabilities of the Fund in respect of that Series or Class and all expenses, costs, charges and reserves attributable to that Series or Class in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. Any general liabilities, expenses, costs, charges or reserves of the Fund which are not readily identifiable as attributable to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Class established and designated from time to time in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Participants of all Series or Classes for all purposes. The Trustees shall have full discretion to determine which asset items will be treated as income and which as funds placed in the Fund by Participants and each such determination and allocation shall be conclusive and binding upon the Participants of all Series or Classes. (vi) The net income of the Fund shall be determined separately for each Series or Class and shall be credited to the respective Share account of the Participants in each Series or Class in the manner and at the times provided in Article XII hereof. (vii) The terms designated by the Trustee with respect to a Series or Class may provide that the Shares of such Series or Class shall relate only to a particular Participant or shall relate to all Participants or otherwise provide for a limitation on the 22 CHICAGO/#3198044.6 number and identity of the Participants to which the Shares of such Series or Class shall relate. (viii) The terms designated by the Trustee with respect to a Series or Class may provide that such Series or Class shall be established on a particular date and be terminated on a particular date. (ix) The terms designated by the Trustees with respect to a Series or Class may provide for limitations of time or otherwise with respect to the ability of the Participants participating in such Series or Class to withdraw funds relating to Shares of such Series or Class from the Fund. (x) To effect the division of the Shares into one or more Series or Classes or to establish a Series or Class, the Trustees shall a uthorize and adopt a Certificate of Designation for each such Series. Such Certificate of Designation shall become effective when (a) executed (i) by any two of the Chairperson, Treasurer and Secretary of the Fund or (ii) by such other Trustees or officers of the Fund as shall be determined by the Trustees and (b) lodged in the records of the Fund. Any such Certificate of Designation may be filed or recorded pursuant to Article XIV of this Declaration, but no such recordation or filing shall be a condition precedent to the effectiveness of such Certificate of Designation. No Certificate of Designation shall be, or shall be deemed to be, an amendment of this Declaration within the meaning of Article XV of this Declaration. It shall not be necessary for each Participant to be advised of the adoption of any Certificate of Designation prior to its effectiveness, but the Trustees shall take, or shall cause to be taken, such measures as are reasonably intended to periodically notify the Participants of the authorization and adoption by the Trustees of any Certificate of Designation. (xi) A copy of the Certificate of Designation relating to any Series shall be provided, upon written request therefor, to any Participant whether or not such Participant is participating in such Series. (xii) A Certificate of Designation authorized and adopted by the Trustees pursuant to this Article VII shall be in substantially the following form, with the Trustees being hereby authorized to make such changes in the form set forth in this subsection (xii) as may be necessary from time to time to conform to, or accommodate, changes in Law or regulation or the circumstances applicable or pertaining to a particular Series: ILLINOIS PUBLIC RESERVES INVESTMENT MANAGEMENT TRUST CERTIFICATE OF DESIGNATION The Trustees of the Illinois Public Reserves Investment Management Trust (the “Fund”), by action taken by them on the __ day of _____________, 20__, pursuant to the authority vested in them by the Participants of the Fund in accordance with the Declaration of Trust, do hereby adopt this Certificate of Designation authorizing and establishing a Series of Shares of the Fund. 23 CHICAGO/#3198044.6 The terms of such Series (the “Series”) shall be as follows: 1. Nomenclature. The Series shall be known and referred to as _____________. 2. Date of Establishment. The Series shall be established as of _____________. 3. Duration. The duration of the Series shall be _____________. 4. Classes: The Series shall be divided into ___ distinct classes. The rights and obligations of each Class are as follows: ______________. 5. Participants. The Participant or Participants that may participate (the “Series Participants”) in the Series are _____________. 6. Investments. The nature of the investments in which funds of the Series Participant or Participants placed in the Fund with respect to the Series may be invested is _____________. 7. Deposits and Redemptions. _____________. 8. Diversification. _____________. The Trustees for the purposes of curing any ambiguity or supplying any omission or curing or correcting any defect or inconsistent provision in the Certificate of Designation shall insert such provisions clarifying matters or questions arising under the Certificate of Designation as are necessary or desirable and are not contrary to or inconsistent with the Certificate of Designation theretofore in effect. The Participants participating in the Series to which the amendment relates shall be given notice thereof. Section 7.2 Allocation of Shares. (a) The Trustees, in their discretion, may, from time to time, without vote of the Participants, allocate Shares, in addition to the then-allocated Shares, to such party or parties, for such amount and such type of consideration (including, without limitation, income from the investment of Fund Property), at such time or times (including, without limitation, each business day in accordance with the maintenance of a constant net asset value per Share as set forth in Section 12.2 hereof), and on such terms as the Trustees may deem best. In connection with any allocation of Shares, the Trustees may allocate fractional Shares. The Trustees may from time to time adjust the total number of Shares allocated without thereby changing the proportionate beneficial interests in the Fund. Reductions or increases in the number of allocated Shares may be made in order to maintain a constant net asset value per Share as set forth in Section 12.2 hereof. Shares shall be allocated and redeemed as whole Shares and/or in one thousandths (1/1000ths) of a Share or multiples thereof. (b) Shares may be allocated only to an Eligible Participant in accordance with Section 2.2 hereof. Each Participant may divide its Shares administratively among more than one account within the Fund or Series for such Participant’s convenience in accordance with such procedures as the Trustees may establish. (c) The minimum amount of funds which may be placed in the Fund by a Participant at any one time shall be as determined by the Trustees from time to time. 24 CHICAGO/#3198044.6 Section 7.3 Evidence of Share Allocation. Evidence of Share allocation shall be reflected in the Share Register maintained by or on behalf of the Fund pursuant to Section 8.1 hereof, and the Fund shall not be required to issue certificates as evidence of Share allocation. Section 7.4 Redemption to Maintain Constant Net Asset Value. If so determined by the Trustees, the Shares of one or more Series of the Fund shall be subject to redemption pursuant to the procedure for reduction of outstanding Shares set forth in Section 12.2 hereof in order to maintain a constant net asset value per Share. For the avoidance of doubt, the Trustees are authorized to take any other action the Trustees deem necessary and appropriate to maintain the constant net asset value per Share of any Series, including, but not limited to, creating designated memorandum accounts or otherwise segregating assets of a Series in order to maintain a stable net asset value. Section 7.5 Redemptions. (a) Redemptions by Participants. Payments by the Fund to Participants, and the reduction of Shares resulting therefrom, are, for convenience, referred to in this Declaration as “redemptions.” Any and all allocated Shares may be redeemed at the option of the Participant whose beneficial interest hereunder is measured by such Shares, upon and subject to the terms and conditions provided in this Declaration and the Information Statement. The Fund shall, upon application of any Participant, promptly redeem from such Participant allocated Shares for an amount per Share equivalent to the proportionate interest measured by each Share in the net assets of the Fund at the time of the redemption pursuant to the procedures for effecting redemption as adopted by the Trustees and as set forth in the Information Statement of the Fund, as the same may be amended from time to time, or applicable Certificates of Designation; provided, however, that such procedures shall not be structured so as to substantially and materially restrict the ability of the Participants to withdraw funds from the Fund by the redemption of Shares; provided further, however, that the Trustees shall have the power to provide for redemption procedures relating to any particular Series which are consistent with the purpose and intent of this Declaration and consistent with the terms of the Certificate of Designation of such Series, and such procedures may, among other things, establish periods during which funds relating to Shares of such Series may not be withdrawn from the Fund. (b) Mandatory Redemptions. Not in limitation of Section 7.4 or Section 12.2, at any time the Trustees, in their sole discretion, may redeem the Shares of any Participant, in whole or in part, and in conjunction with any such redemption, shall waive any redemption limitations and penalties applicable to such Shares set forth in the Information Statement and/or the applicable Certificate of Designation. Section 7.6 Suspension of Redemption; Postponement of Payment. Each Participant, by its adoption of this Declaration, agrees that the Trustees may, without the necessity of a formal meeting of the Trustees, suspend the right of redemption or postpone the date of payment for redeemed Shares for all Series or any one or more Series or Class for the whole or any part of any period (i) during which there shall have occurred any state of war, national emergency, banking moratorium or suspension of payments by banks in the State or any general suspension of trading or limitations of prices on the New York Stock Exchange (other than customary weekend and holiday closings) or (ii) during which any financial emergency situation exists as a result of which 25 CHICAGO/#3198044.6 disposal by the Fund of Fund Property is not reasonably practicable because of the substantial losses which might be incurred or it is not reasonably practicable for the Fund fairly to determine the value of its net assets. Such suspension or postponement shall not alter or affect a Participant’s beneficial interest hereunder as measured by its Shares or the accrued interest and earnings thereon. Such suspension or payment shall take effect at such time as the Trustees shall specify but not later than the close of business on the business day next following the declaration of suspension, and thereafter there shall be no right of redemption or payment until the Trustees shall declare the suspension or postponement lifted, except that the suspension or postponement shall terminate in any event on the first day on which the period specified in clause (i) or (ii) above shall have expired (as to which, the determination of the Trustees shall be conclusive). In the case of a suspension of the right of redemption or a postponement of payment for redeemed Shares, a Participant may either (i) withdraw its request for redemption or (ii) receive payment based on the net asset value existing after the termination of the suspension. Section 7.7 Minimum Purchase or Redemption. The Certificate of Designation of each Series may provide for a minimum dollar amount worth of Shares or a minimum number of Shares that may be purchased or redeemed at any one time at the option of a Participant. Section 7.8 Defective Redemption Requests. In the event that a Participant shall submit a request for the redemption of a greater number of Shares than are then allocated to such Participant, such request shall not be honored, and each Participant, by its adoption of this Declaration, agrees that the Trustees shall have full and complete power to redeem a number of the Shares allocated to such Participant, at a redemption price determined in accordance with Section 7.5 hereof, sufficient to reimburse the Fund for any fees, expenses, costs or penalties actually incurred by the Fund as a result of such defective redemption request. ARTICLE VIII RECORD OF SHARES Section 8.1 Share Register. The Share Register shall be kept by or on behalf of the Trustees, under the direction of the Trustees, and shall contain (i) the names and addresses of the Participants (including an e-mail address of the main contact within the Participant), (ii) the number of Shares representing their respective beneficial interests hereunder and (iii) a record of all allocations and redemptions thereof. Such Share Register shall be conclusive as to the identity of the Participants to which the Shares are allocated. Only Participants whose allocation of Shares is recorded on such Share Register shall be entitled to receive distributions with respect to Shares or otherwise to exercise or enjoy the rights and benefits related to the beneficial interest hereunder represented by the Shares. No Participant shall be entitled to receive any distribution, nor to have notices given to it as herein provided, until it has given its appropriate address (including e-mail address) to such officer or agent of the Fund as shall keep the Share Register for entry thereon. Section 8.2 Registrar. The Trustees shall have full and complete power to employ a registrar. Unless otherwise determined by the Trustees, the Share Register shall be kept by the Administrator, which shall serve as the registrar for the Fund. The registrar shall record the original allocations of Shares in the Share Register. Such registrar shall perform the duties usually 26 CHICAGO/#3198044.6 performed by registrars of certificates and shares of stock in a corporation, except as such duties may be modified by the Trustees. Section 8.3 Owner of Record. No Person becoming entitled to any Shares in consequence of the merger, reorganization, consolidation, bankruptcy or insolvency of any Participant or otherwise, or by operation of Law, shall be recorded as the Participant to which such Shares are allocated and shall be entitled only to the redemption value of such Shares. Until the Person becoming entitled to such redemption value shall apply for the payment thereof and present any proof of such entitlement as the Trustees may in their sole discretion deem appropriate, the Participant of record to which such Shares are allocated shall be deemed to be the Participant to which such Shares are allocated for all purposes hereof, and neither the Trustees nor the registrar nor any officer or agent of the Fund shall be affected by any notice of such merger, reorganization, consolidation, bankruptcy, insolvency or other event. Section 8.4 No Transfers of Shares. The beneficial interests measured by the Shares shall not be transferable, in whole or in part, other than to the Fund itself for purposes of redemption. Section 8.5 Limitation of Fiduciary Responsibility. The Trustees shall not, nor shall the Participants or any officer, registrar or other agent of the Fund, be bound to see to the execution of any trust, express, implied or constructive, or of any charge, pledge or equity to which any of the Shares or any interest therein are subject, or to ascertain or inquire whether any redemption of such Shares by any Participant or its representatives is authorized by such trust, charge, pledge or equity, or to recognize any Person as having any interest therein except the Participant recorded as the Participant to which such Shares are allocated. The receipt of the Participant in whose name any Share is recorded or of the duly authorized agent of such Participant shall be a sufficient discharge for all moneys payable or deliverable in respect of such Shares and from all liability to see to the proper application thereof. Section 8.6 Notices. Any and all notices to which Participants hereunder may be entitled and any and all communications shall be deemed duly served or given if (i) mailed, postage prepaid, addressed to Participants of record at their last known post office addresses or (ii) e- mailed to the main contacts of the Participants of record, each as recorded on the Share Register provided for in Section 8.1 hereof. Notice given by e-mail shall be deemed given when the e-mail message is transmitted. ARTICLE IX PARTICIPANTS Section 9.1 Voting. Each Participant shall be entitled to one vote as a matter of right with respect to the following matters: (i) amendment of this Declaration or termination of the Fund as provided in Section 5.3 and Section 15.1 hereof; (ii) reorganization of the Fund as provided in Section 16.3 hereof; and (iii) election of Trustees as provided in Section 11.5 hereof. The Participant shall have a fund balance in its account forty-five (45) days prior to its taking any vote or for any other purpose at any meeting including being considered as a member for the purpose of determining a quorum. Participants shall not be entitled to vote on a Series by Series basis, 27 CHICAGO/#3198044.6 except when the Trustees have determined that the matter affects the interest of only one or more Series or Class, then only shareholders of such Series or Class shall be entitled to vote thereon. Section 9.2 Right to Initiate a Vote of the Participants. The Participants shall, by an instrument or concurrent instruments in writing delivered to the Board of Trustees signed by at least fifty percent (50%) of the Participants, have the right to initiate a vote of the Participants as to any matter described in clause (i) or clause (ii) of Section 9.1 hereof. Within thirty (30) days of receipt of such instrument or instruments, the Board of Trustees shall cause a ballot to be sent to each Participant, setting forth the matter to be voted on and the manner in which such ballots should be executed and delivered. Section 9.3 Inspection of Records. The records of the Fund shall be open to inspection by any Participant at all reasonable times, provided, that ten (10) days’ written notice thereof is given to the Board. Section 9.4 Meetings of Participants; Quorum. (a) Meetings of the Participants may be called at any time by a majority of the Trustees, such request specifying the purpose or purposes for which such meeting is to be called. Any such meeting shall be held within the State at such place, on such day and at such time as the Trustees shall designate. (b) One-quarter of the Participants entitled to vote at such meeting present in person (including, if permitted by applicable Law, participation by conference telephone or similar communications equipment by means of which all Persons participating in the meeting can hear each other) or by proxy shall constitute a quorum at any meeting. Except as provided in Section 15.1 hereof, if a quorum is present, the affirmative vote of a majority of the Participants present in person (including, if permitted by applicable Law, participation by conference telephone or other similar communications equipment by means of which all Persons participating in the meeting can hear each other) or by proxy at the meeting and entitled to vote on the matter shall be the act of the Participants. Section 9.5 Notice of Meetings and Votes. Notice of all meetings of the Participants, stating the time, place and purposes of the meeting, and notice of any vote without a meeting, stating the purpose and method thereof, shall be given by the Trustees by mail or electronic communication to each Participant at its registered address, mailed at least seven (7) days and not more than sixty (60) days before the meeting or the day by which votes must be cast. Alternatively, such notice shall be given during such time period by e-mail to the main contact at each Participant (as such contact is recorded on the Share Register provided for in Section 8.1 hereof). Only the business stated in the notice of a meeting shall be considered at such meeting. Any adjourned meeting may be held as adjourned without further notice. Any notice required by any “open meeting,” “sunshine” or similar law, whether now or hereafter in effect, shall also be given. For the avoidance of doubt, proxies may be voted electronically using any system determined by the Trustees. Section 9.6 Record Date for Meetings and Votes. For the purpose of determining the Participants that are entitled to vote or act at any meeting or any adjournment thereof, or that are entitled to participate in any vote, or for the purpose of any other action, the Trustees may from time to time fix a date not more than thirty (30) days prior to the date of any meeting or vote of 28 CHICAGO/#3198044.6 Participants or other action as a record date for the determination of Participants entitled to vote at such meeting or any adjournment thereof or to cast a ballot in such vote or to be treated at Participants of record for purposes of such other action. Any Participant which was a Participant at the time so fixed shall be entitled to vote at such meeting or any adjournment thereof, or to cast a ballot in such vote, even though it then had no Shares allocated to it or has since that date redeemed its Shares. No Participant becoming such after that date shall be so entitled to vote at such meeting or any adjournment thereof or to cast a ballot in such vote or to be treated as a Participant of record for purposes of such other action. Section 9.7 Proxies. At any meeting of Participants, if permitted by applicable Law, any Participant entitled to vote may vote by proxy, provided that no proxy shall be voted at any meeting unless it shall have been placed on file with the Secretary of the Fund, or with such other officer or agent of the Fund as the Secretary of the Fund may direct, for verification prior to the time at which such vote shall be taken. Pursuant to a resolution of a majority of the Trustees, proxies may be solicited in the name of one or more of the officers of the Fund. All proxies shall be revocable at the option of the Participant. Section 9.8 Number of Votes. Only Participants of record shall be entitled to vote, and each Participant shall be entitled to one vote without regard to the number of Shares allocated to it and without regard to the number of Series in which a Participant participates. A proxy purporting to be executed by or on behalf of a Participant shall be deemed valid unless challenged at or prior to its exercise, and the burden of proving invalidity shall rest on the challenger. Section 9.9 Reports. (a) The Trustees shall cause to be prepared at least annually with respect to any Series of indefinite duration, commencing with the first fiscal year-end after Shares have been purchased for any such Series or Class, (i) financial statements containing at a minimum a statement of assets and liabilities and statements of operations and of changes in net assets of such Series prepared in conformity with generally accepted accounting principles and (ii) an opinion of an independent certified public accountant on such financial statements based on an examination of the books and records of the Fund pertaining to such Series made in accordance with generally accepted auditing standards. A signed copy of such report and opinion shall be filed with the Trustees within such period after the close of the period covered thereby as may be determined by the Trustees. Copies of such reports shall be mailed (or e-mailed) to all Participants of record. The Trustees shall, in addition, furnish to the Participants, at least quarterly but more frequently if provided in the Information Statement, an interim report containing an unaudited balance sheet of the Fund as at the end of such period, and statements of operations and changes in net assets for the period from the beginning of the then-current fiscal year to the end of such period. (b) In addition to any reports and opinions prepared pursuant to paragraph (a) of this Section 9.9, the Trustees may cause to be prepared or conducted by the Fund’s independent accountant such other reports and examinations as the Trustees shall, in their discretion, deem appropriate. Section 9.10 Resignation of Participants. Any Participant may resign and withdraw from the Fund by following the procedures for effecting redemption as set forth in the Information Statement of the Fund, as the same may be amended from time to time, or applicable Certificates 29 CHICAGO/#3198044.6 of Designation. In addition to such procedures, the Participant must send a written notice to the Fund and the Administrator. Such resignation and withdrawal shall become effective upon the later of the withdrawal of Shares or the receipt of the written notice by the Fund and the Administrator. No resignation and withdrawal by a Participant shall operate to annul this Declaration and terminate the existence of the Fund. ARTICLE X ADDITION OF PARTICIPANTS Section 10.1 Adoption by Public Agency Treasurers Electing to Become Additional Participants. (a) Any Eligible Participant meeting the requirements of Section 2.2 hereof may become an additional Participant of this Fund by (i) taking any appropriate official action to adopt this Declaration; (ii) furnishing the Fund and the Administrator with satisfactory evidence that such official action has been taken; and (iii) furnishing the Fund and the Administrator with a certificate of the clerk of such Public Agency setting forth the names and specimen signatures of the officials of such Public Agency authorized at the time of delivery of such certificate to act on behalf of such Public Agency in connection with the Public Agency’s participation in the Fund. A copy of this Declaration may be adopted by executing a written instrument of adoption in such form as may be prescribed by the Trustees. Delivering an acknowledged copy of such instrument shall constitute satisfactory evidence of the adoption contemplated by this Article X. Adoption of a written investment policy that permits investment in the Fund will be deemed by the Fund and the Administrator to constitute an adoption of this Declaration of Trust. (b) Any official custodian meeting the requirements of Section 2.2 hereof, may become an additional Participant of this Fund by (i) taking any appropriate official action to adopt this Declaration; (ii) furnishing the Fund and the Administrator with satisfactory evidence that such official action has been taken; and (iii) furnishing the Fund and the Administrator with a certificate of the recording officer of the Public Agency setting forth the names and specimen signatures of the officials of such Public Agency authorized at the time of delivery of such certificate to act on behalf of such Public Agency in connection with the Public Agency’s participation in the Fund. A copy of this Declaration may be adopted by executing a written instrument of adoption in such form as may be prescribed by the Trustees. Delivering an acknowledged copy of such instrument shall constitute satisfactory evidence of the adoption contemplated by this Article X. ARTICLE XI BOARD OF TRUSTEES AND OFFICERS Section 11.1 Generally; Number. The governing body of the Fund shall be the Board, the membership of which shall be determined as hereinafter provided. As of the effective date of this Declaration of Trust, the Trustees shall be the initial Trustees who have executed this Declaration, and said Trustees shall continue in office in accordance with the provisions of this Article XI. The number of Trustees may be fixed, from time to time, by the vote of not less than a majority of the Trustees; provided, however, that the number of Trustees shall in no event be less than two (2) nor more than eleven (11). The number of Trustees shall not be reduced so as to 30 CHICAGO/#3198044.6 shorten the term of any Trustee then in office. In the event of an increase in the number of Trustees, the then-existing Trustees may appoint a Trustee to fill the new trusteeship, subject to the limitations in Section 11.5 hereof. Section 11.2 Initial Trustees. (a) By the initial execution of this Declaration, the following individuals shall be appointed to serve as the initial Trustees: NAME AFFILIATION Kyle P. Cratty Park District of Oak Park Phillip E. DeRuntz Warren-Waukegan Fire Protection District (b) Each initial Trustee shall furnish the Secretary with a certificate of the clerk of its Public Agency ratifying the appointment of the initial Trustees authorized at the time of delivery of such certificate to act on behalf of such Public Agency in connection with the Public Agency’s participation in the Fund. Section 11.3 Time Commitment. The Trustees shall devote to the affairs of the Fund (including every Series thereof) such time as may be necessary for the proper performance of their duties hereunder, but the Trustees shall not be expected to devote their full time to the performance of such duties. Section 11.4 Qualifications. (a) Each Trustee of the Fund shall be a natural Person. Each Trustee shall be a Participant (with the exception of the initial Trustees). Each Trustee shall have at least two (2) years of experience in the collection, receipt, tabulation, custody, deposit, investment or disbursement of Public Agency Funds. (b) All actions taken by a Trustee not meeting the qualifications as set forth in Section 11.4(a) hereof shall be null and void. Section 11.5 Term and Election. (a) Each Trustee elected or appointed as provided in this Declaration (except in the event of resignations or removals or vacancies) shall hold office until his successor has been elected and has qualified to serve as Trustee. To the extent greater than one-half (50%) of the Trustees shall not have been elected by the Participants (other than the initial Trustees), within one year of the date of such occurrence, the Trustees shall hold a meeting of the Participants to ratify the appointment of Trustees (other than the initial Trustees) so that no more than 50% of the Trustees shall not have been elected by Participants (other than the initial Trustees). At the election of the Trustees, the Trustees may divide the Trustees into one or more classes having such terms as shall be determined by the Trustees. Each Trustee may be reelected to an unlimited number of succeeding terms in accordance with these provisions. To the extent the Trustees have created classes with specific terms, the Trustees chosen to succeed those whose terms then expire shall be of the same class as the Trustees they succeed, unless, by reason of any intervening changes in the authorized number of Trustees, the Board of Trustees shall designate one or more trusteeships whose term then expires as trusteeships of another class in order to more 31 CHICAGO/#3198044.6 nearly achieve equality of number of Trustees among the classes. Further, each Trustee then continuing to serve as such shall nevertheless continue as a Trustee of the class of which such Trustee is a member until the expiration of his current term, or his prior death, resignation or removal. (b) The voting procedures and the number of votes required to elect a Trustee shall be as set forth in the By-laws (as set forth in Section 11.12 hereof). Section 11.6 Resignation and Removal. Any Trustee may resign (without need for a prior or subsequent accounting) by an instrument in writing signed by him and delivered to the Chairperson, and such resignation shall be effective upon delivery or at a later date according to the terms of the notice. Any Trustee may be removed with or without cause by a majority vote of the remaining Trustees. Upon the resignation or removal of a Trustee or his otherwise ceasing to be a Trustee, he shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Fund or the remaining Trustees any Fund Property held in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his legal representative shall execute and deliver on his behalf such documents as the remaining Trustees shall require, as provided in the preceding sentence. Section 11.7 Vacancies. (a) The term of office of a Trustee shall terminate and a vacancy shall occur in the event of the death, resignation, bankruptcy, adjudicated incompetence or other incapacity to exercise the duties of the office, or removal of a Trustee. In the event that a Trustee ceases to be affiliated with the Participant that he was affiliated with upon becoming a Trustee, he may remain a Trustee ex officio with no voting powers for a period of ninety (90) days until a vacancy shall be deemed to have occurred; provided, however, that if the Trustee becomes affiliated with a new Public Agency that is a Participant within the said ninety (90) day period and he shall have presented evidence in writing of the granting of an authorization by the Public Agency, no vacancy shall be deemed to have occurred, and the Trustee will again become a Trustee in good standing. No such vacancy shall operate to annul this Declaration of Trust or to revoke any existing agency created pursuant to the terms of this Declaration of Trust, and title to any Fund Property held in the name of such Trustee and the other Trustees, or otherwise, shall, in the event of the death, resignation, removal, bankruptcy, adjudicated incompetence or other incapacity to exercise the duties of the office of such Trustee, vest in the continuing or surviving Trustees without necessity of any further act or conveyance. (b) In the case of an existing vacancy (other than by reason of an increase in the number of Trustees), a majority of the Trustees continuing in office acting by resolution may fill such vacancy with a Person meeting the qualifications of Section 11.4 hereof, and any Trustee so elected by the Trustees shall hold office until the next meeting of Participants and until his successor has been elected and has qualified to serve as Trustee. To the extent the Trustees have elected classes, the Trustee chosen to succeed shall be of the same class as the Trustee of the original vacancy. 32 CHICAGO/#3198044.6 Upon the effectiveness of any such appointment as provided in this Section 11.7, the Fund Property shall vest in such new Trustee jointly with the continuing or surviving Trustees without the necessity of any further act or conveyance; provided, however, that no such election or appointment as provided in this Section 11.7 shall become effective unless or until the new Trustee shall have (i) accepted in writing his appointment, (ii) agreed to be bound by the terms of this Declaration of Trust and (iii) presented evidence in writing of the granting of an authorization by the Public Agency with which he is affiliated for him to serve as a Trustee. Section 11.8 Meetings. Meetings of the Trustees shall be held from time to time, no less frequently than semi-annually, upon the call of the Chairperson or any two (2) Trustees. Regular meetings of the Trustees may be held without call or notice at a time and place fixed by resolution of the Trustees. The Trustees may act with or without a meeting, if permitted by law. A quorum for all meetings shall be a majority of Trustees entitled to vote. Any agreement or other instrument or writing executed by one or more Trustees or by any authorized persons shall be valid and binding upon the Trustees and upon the Fund when authorized or ratified by action of the Trustees as provided in this Declaration. Any meeting, regular or special, may be held by conference telephone or similar communications equipment, so long as all Trustees participating in the meeting can hear one another; and all such Trustees shall be deemed to be present in person at the meeting. Section 11.9 Chairperson. The Board shall elect a chairperson, or more than one, for the purpose of presiding at meetings of the Board or the Participants (the “Chairperson”). The Chairperson shall exercise and perform such other powers and duties as may be from time to time assigned to the Chairperson. The Chairperson may delegate his powers and duties to the other Trustees or officers of the Fund that he or she deems appropriate, provided that such delegation is consistent with applicable legal and regulatory requirements. In the event of the Chairperson’s absence or inability to act, a Trustee appointed by the remaining Board members, during such absence or inability to act, or until such time as a new Chairperson is chosen, may perform all duties and exercise all powers within the normal purview of the Chairperson. Section 11.10 Secretary. The Board shall appoint a Secretary from time to time (the “Secretary”). The Secretary may be a Trustee, or such other person as the Trustees deem appropriate. The Secretary shall keep or cause to be kept at the offices of the Fund or at such other place as the Board may direct a book of minutes of all meetings and actions (including consents) of the Board, committees of the Board and Participants. The Secretary shall keep a record of the time and place of such meetings, whether regular or special, and if special, how authorized, the notice given, the names of those present at Board meetings or committee meetings, the number of Shares present or represented by proxy at Participant meetings, and the proceedings. The Secretary shall give or cause to be given notice of all meetings of the Participants and of the Board required by this Declaration or by applicable Law to be given and shall have such other powers and perform such other duties as may be prescribed by the Board, or as provided in this Declaration. Any assistant secretary shall have such duties and powers as shall be designated from time to time by the Trustees. Section 11.11 Treasurer. The Board shall appoint a Treasurer from time to time (the “Treasurer”). The Treasurer may be a Trustee, or such other person as the Trustees deem appropriate. The Treasurer shall be the chief financial officer of the Fund and, subject to any 33 CHICAGO/#3198044.6 arrangement made by the Trustees with a bank or trust company or other organization as custodian, shall be in charge of its valuable papers and shall have such other duties and powers as may be designated from time to time by the Trustees. The Treasurer shall also be the chief accounting officer of the Fund and shall be in charge of its books of account and accounting records. The Treasurer shall be responsible for preparation of financial statements of the Fund and shall have such other duties and powers as may be designated from time to time by the Trustees. Any assistant treasurer shall have such duties and powers as shall be designated from time to time by the Trustees. Section 11.12 By-laws. The Trustees may adopt By-laws not inconsistent with this Declaration to provide for the conduct of the business of the Fund and in such By-laws, among other things, may define the duties of the respective officers, agents, employees and representatives of the Fund. The Board may amend or repeal such By-laws to the extent such power is not reserved to the Participants by not less than two-thirds (2/3rds) affirmative vote of the Trustees. The By- laws shall not conflict with the provisions hereof, and to the extent of any such conflict, the provisions of this Declaration of Trust shall be deemed to control. Section 11.13 Officers. The Trustees may, in their sole discretion, appoint one or more officers, who shall have such authority and perform such duties as are provided herein or as the Trustees, or to the extent permitted by the Trustees, may from time to time determine. The Trustees may, in their sole discretion, provide for titles of such officers as the Trustees deem appropriate. ARTICLE XII DETERMINATION OF NET ASSET VALUE AND NET INCOME; DISTRIBUTIONS TO PARTICIPANTS Section 12.1 Net Asset Value. The net asset value of each allocated Share of the Fund shall be determined at such time or times as the Trustees by resolution may determine. The method of determining net asset value shall be established by the Trustees and shall be set forth in the Information Statement as the same may be amended from time to time or in the applicable Certificate of Designation of a Series. The duty to make the calculations may be delegated by the Trustees to the Adviser, the Administrator, the Custodian or such other Person as the Trustees by resolution may designate. The Trustees may adopt different methods for the determination of the net asset value of different Series of Shares. Section 12.2 Constant Net Asset Value; Reduction of Allocated Shares. (a) In furtherance and not in limitation of the provisions of Section 12.1, the Trustees may designate that one or more Series shall be governed by the provisions of this Section 12.2. The Trustees shall have full and complete power to determine the net income (including unrealized gains and losses on the portfolio assets) of the Series once on each business day, and upon each such determination such net income shall be credited proportionately to the accounts of the Participants in such a manner, and with the result, that the net asset value per Share of the Series shall remain at a constant dollar value. The general method used for the determination of the net income of the Series and the crediting thereof proportionately to the respective accounts of the Participants shall be determined by the Trustees and shall be set forth in the Information Statement as the same may be amended from time to time or in the applicable Certificate of Designation. The duty to make the daily calculations may be 34 CHICAGO/#3198044.6 delegated by the Trustees to the Adviser, the Administrator, the Custodian or such other Person as the Trustees may designate. Fluctuations in value will be reflected in the number of Shares allocated to each Participant. If there is a net loss, the Trustees will first offset such amount against income accrued to each Participant. To the extent that such a net loss would exceed such accrued income, the Trustees will reduce the aggregate number of the Series’ allocated Shares in an amount equal to the amount by which the net loss exceeds accrued income by having each Participant contribute to the Fund’s corpus its pro rata portion of the total number of Shares required to be redeemed in order to permit the net asset value per Share of the Series to be maintained at a constant dollar value. Each Participant will be deemed to have agreed to such contributions in these circumstances by its investment in the Fund and the Series and its adoption of this Declaration. The purpose of the foregoing procedure is to permit the net asset value per Share of the Series to be maintained at a constant dollar value per Share. (b) The Trustees may discontinue or amend the practice of attempting to maintain the net asset value per Share at a constant dollar amount at any time, and such modification shall be evidenced by appropriate changes in the Information Statement as the same may be amended from time to time or in the Certificate of Designation. The Trustees are further authorized to take any such action as they may deem necessary and appropriate to maintain the net asset value per Share at a constant dollar amount. Section 12.3 Supplementary Distributions to Participants. In addition to redemptions made at the request of individual Participants pursuant to Section 7.5 hereof, the Trustees may from time to time also declare and make to the Participants, in proportion to their respective allocation of Shares, out of the earnings, profits or assets in the hands of the Trustees, such supplementary distributions as they may determine. The declaration and making of such supplementary distributions and the determination of earnings, profits and other funds and assets available for supplemental distributions and other purposes shall lie wholly in the discretion of the Trustees and may be made at such time and in such manner as the Trustees may in their sole discretion from time to time determine. Any or all such supplementary distributions may be made among the Participants of record at the time of declaring a distribution or among the Participants of record at such other date as the Trustees shall determine. Section 12.4 Retained Reserves. The Trustees may retain from the gross income of the Fund (including, without limitation, reinvestment proceeds described in Section 7.1(b)(iv) hereof) such amount as they may deem necessary to pay the debts and expenses of the Fund and to meet other obligations of the Fund, and the Trustees shall also have the power to establish such reasonable reserves as they believe may be required to protect the Fund and the Participants against contingent liabilities. ARTICLE XIII CUSTODIAN Section 13.1 Duties. The Trustees shall employ a bank or trust company organized under the Laws of the United States of America or the State having an office in the State and having a capital and surplus aggregating at least twenty-five million dollars ($25,000,000) as Custodian with authority as its agent, but subject to such restrictions, limitations and other requirements, if 35 CHICAGO/#3198044.6 any, as may be contained in the By-laws of the Fund to perform the duties set forth in the Custodian Agreement to be entered into between the Fund and the Custodian. Section 13.2 Appointment. The Trustees shall have the power to select and appoint the Custodian for the Fund. The Custodian Agreement shall provide that it may be terminated at any time without cause and without the payment of any penalty by the Fund on no less than ninety (90) days’ written notice to the Custodian. Section 13.3 Sub-Custodians. The Trustees may also authorize the Custodian to employ one or more sub-custodians from time to time to perform such of the acts and services of the Custodian and upon such terms and conditions, as may be agreed upon between the Custodian and such sub-custodians and approved by the Trustees; provided, however, that such sub-custodian will be liable and responsible to the Custodian for performance of its services and that the Custodian shall acknowledge that the employment of a sub-custodian to perform such services does not relieve the Custodian of its liability and responsibility to the Fund, including (without limitation) for the failure of such sub-custodian to perform its duty. Section 13.4 Successors. In the event that, at any time, the Custodian shall resign or shall be terminated pursuant to the provisions of the Custodian Agreement, the Trustees shall appoint a successor thereto. Section 13.5 Additional Custodians. The Trustees may in their discretion employ one or more Custodians in addition to the Custodian referred to in Section 13.1. Such additional Custodians shall be banks or trust companies organized under the laws of the United States of America and the State having an office in the State and having capital and surplus aggregating at least twenty-five million dollars ($25,000,000). Such additional Custodian shall perform such duties (including duties applicable only to designated Series) as may be set forth in an agreement between the Fund and the additional Custodian. ARTICLE XIV RECORDING OF DECLARATION OF TRUST Section 14.1 Recording. This Declaration and any amendment hereto may be filed, recorded or lodged as a document of public record in such place or places and with such official or officials as may be required by Law or as the Trustees may deem appropriate. Each amendment so filed, recorded or lodged shall be effective upon the date set forth in the amendment. An amended Declaration, containing or restating the original Declaration and all amendments theretofore made, may be executed any time or from time to time by a majority of the Trustees and shall, upon filing, recording or lodging in the manner contemplated hereby, be conclusive evidence of all amendments contained therein and may thereafter be referred to in lieu of the original Declaration and the various amendments thereto. Notwithstanding the foregoing provisions of this Section 14.1, no filing or recordation pursuant to the terms of this Section 14.1 shall be a condition precedent to the effectiveness of this Declaration or any amendment hereto. 36 CHICAGO/#3198044.6 ARTICLE XV AMENDMENT OF DECLARATION Section 15.1 Amendment or Termination. The provisions of this Declaration may be amended or altered (except as to the limitations on personal liability of the Participants and the Trustees, the prohibition of assessments upon the Participants and the events triggering termination) by the affirmative vote of a majority of the Trustees entitled to vote, or, if permitted by applicable Law, by an instrument or instruments in writing, without a meeting, signed by a majority of the Trustees when authorized to do so by vote or written consent of the Participants as provided in Section 9.4(b) hereof; provided, however, that the Trustees may, from time to time by a two-thirds (2/3rds) vote of the Trustees, and after fifteen (15) days’ prior written notice to the Participants, amend or alter the provisions of this Declaration, without the vote or assent of the Participants, to expand the categories of Persons that may become Participants in the Fund to the extent permitted by applicable Law and to the extent deemed by the Trustees in good faith to be necessary to conform this Declaration to the requirements of applicable laws or regulations or any interpretation thereof by a court or other governmental agency of competent jurisdiction, but the Trustees shall not be liable for failing so to do. Notwithstanding the foregoing, (i) no amendment may be made pursuant to this Section 15.1 which would change any rights with respect to any allocated Shares of the Fund by reducing the amount payable thereon upon liquidation of the Fund or which would diminish or eliminate any voting rights of the Participants, except with the vote or written consent of two-thirds (2/3rds) of the Participants entitled to vote thereon; and (ii) no amendment may be made which would cause any of the investment restrictions contained in Section 5.2 hereof to be less restrictive without the affirmative vote of the Participants as provided in Section 9.4(b) hereof. ARTICLE XVI TERMINATION OF FUND Section 16.1 Termination. The Fund shall dissolve at any time upon the happening of any of the following events: (i) the affirmative vote of a majority of the Trustees entitled to vote; (ii) a judicial entry of a decree terminating the Fund by a court of proper jurisdiction; (iii) at any time there are no Participants; (iv) the Investment Advisory Agreement with the Adviser is terminated or no longer in effect, and no replacement investment adviser has been appointed within five (5) days of termination; and (v) any other event that makes it unlawful or impossible to carry on the business of the Fund. Section 16.2 Winding Up. (a) Upon the termination of the Fund pursuant to this Article XVI: (i) the Fund shall carry on no business except for the purpose of winding up its affairs; (ii) the Trustees shall proceed to wind up the affairs of the Fund, and all of the powers of the Trustees under this Declaration shall continue until the affairs of the Fund shall have been wound up, including, without limitation, the power to fulfill or 37 CHICAGO/#3198044.6 discharge the contracts of the Fund, collect its assets, sell, convey, assign, exchange, transfer or otherwise dispose of all or any part of the remaining Fund Property to one or more persons at public or private sale for consideration which may consist in whole or in part of cash, securities or other property of any kind, and discharge or pay its liabilities, and all other acts appropriate to liquidate its affairs; provided, however, that any sale, conveyance, assignment, exchange, transfer or other disposition of all or substantially all of the Fund Property shall require approval of the principal terms of the transaction and the nature and amount of the consideration by affirmative vote of the Participants as provided in Section 9.4(b) hereof; and (iii) after paying or adequately providing for the payment of all liabilities, and upon receipt of such releases, indemnities and refunding agreements, as they deem necessary for their protection, the Trustees may distribute the remaining Fund Property, in cash or in kind or partly in each, among the Participants according to their respective proportionate allocation of Shares. (b) Upon termination of the Fund and distribution to the Participants as herein provided, a majority of the Trustees shall execute and lodge among the records of the Fund an instrument in writing setting forth the fact of such termination, and the Trustees shall thereupon be discharged from all further liabilities and duties hereunder, and the right, title and interest of all Participants shall cease and be canceled and discharged. (c) A certification in recordable form signed by a majority of the Trustees setting forth an amendment and reciting that it was duly adopted by the Participants or by the Trustees as aforesaid or a copy of the Declaration, as amended, in recordable form, and executed by a majority of the Trustees, shall be conclusive evidence of such amendment. Section 16.3 Power to Effect Reorganization. If permitted by applicable Law, the Trustees, by vote or written approval of a majority of the Trustees, may select, or direct the organization of, a corporation, association, trust or other Person with which the Fund may merge, or which shall take over the Fund Property and carry on the affairs of the Fund, and after receiving an affirmative vote of the Participants as provided in Section 9.4(b) hereof, the notice for which includes a statement of such proposed action, the Trustees may effect such merger or may sell, convey and transfer the Fund Property to any such corporation, association, trust or other Person in exchange for cash or shares for securities thereof, or beneficial interest therein with the assumption by such transferee of the liabilities of the Fund; and thereupon the Trustees shall terminate the Fund and deliver such cash, shares or beneficial interest ratably among the Participants of this Fund in redemption of their Shares. ARTICLE XVII MISCELLANEOUS Section 17.1 Agreement to Be Bound. EVERY PERSON, BY VIRTUE OF HAVING BECOME A PARTICIPANT IN ACCORDANCE WITH THE TERMS OF THIS DECLARATION OF TRUST AND THE BY-LAWS, AS AMENDED FROM TIME TO TIME, 38 CHICAGO/#3198044.6 SHALL BE DEEMED TO HAVE EXPRESSLY ASSENTED AND AGREED TO THE TERMS OF, AND SHALL BE BOUND BY, THIS DECLARATION OF TRUST AND THE BY-LAWS. Section 17.2 Governing Law. This Declaration is adopted by the Participants and delivered in the State of Illinois and with reference to the laws thereof, and the rights of all parties and the validity, construction and effect of every provision hereof shall be subject to and construed according to the Laws of said State of Illinois. Section 17.3 Jurisdiction and Waiver of Jury Trial. Any suit, action or proceeding brought by or in the right of any Participant or any person claiming any interest in any Shares seeking to enforce any provision of, or based on any matter arising out of, or in connection with, this Declaration of Trust or the Fund, any Series or Class or any Shares, including any claim of any nature against the Fund, any Series or Class, the Trustees or officers of the Fund, shall be brought exclusively in the Circuit Court of DuPage County, Illinois, and all Participants and other such Persons hereby irrevocably consent to the jurisdiction of such courts (and the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waive, to the fullest extent permitted by law, any objection they may make now or hereafter have to the laying of the venue of any such suit, action or proceeding in such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum and further, IN CONNECTION WITH ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN THE CIRCUIT COURT OF DUPAGE COUNTY, ILLINOIS, ALL PARTICIPANTS AND ALL OTHER SUCH PERSONS HEREBY IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW. All Participants and other such Persons agree that service of summons, complaint or other process in connection with any proceedings may be made by registered or certified mail or by overnight courier addressed to such Person at the address shown on the books and records of the Fund for such Person or at the address of the Person shown on the books and records of the Fund with respect to the Shares that such Person claims an interest in. Service of process in any such suit, action or proceeding against the Fund or any Trustee or officer of the Fund may be made at the address of the Fund’s registered agent in the State of Illinois. Any service so made shall be effective as if personally made in the State of Illinois. Section 17.4 Counterparts. This Declaration may be executed in several counterparts, each of which when so executed shall be deemed to be an original, and such counterparts, together, shall constitute but one and the same instrument, which shall be sufficiently evidenced by any such original counterpart. To the extent permitted by the Laws of the State, (i) any document, consent, instrument or notice referenced in or contemplated by this Declaration of Trust or the By-laws that is to be executed by one or more Trustees may be executed by means of original, facsimile or electronic signature and (ii) any document, consent, instrument or notice referenced in or contemplated by this Declaration of Trust or the By-laws that is to be delivered by one or more Trustees may be delivered by facsimile or electronic means (including e-mail), unless, in the case of either clause (i) or (ii), otherwise determined by the Trustees. Section 17.5 Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Fund, or of any official or public body or office in which this Declaration may be recorded, appears to be a Trustee hereunder or the Secretary or the Treasurer of the Fund, certifying to: (i) the number or identity of Trustees or Participants; (ii) the due 39 CHICAGO/#3198044.6 authorization of the execution of any instrument or writing; (iii) the form of any vote passed at a meeting of Trustees or Participants; (iv) the fact that the number of Trustees or Participants present at any meeting or executing any written instrument satisfies the requirements of this Declaration; (v) the form of any by-law adopted by or the identity of any officers elected by the Trustees; or (vi) the existence of any fact or facts which in any manner relate to the affairs of the Fund, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees or any of them or the Fund and the successors of such Person. Section 17.6 Provisions in Conflict with Law. The provisions of this Declaration are severable, and if the Trustees shall determine, with the advice of counsel, that any one or more of such provisions (the “Conflicting Provisions”) are in conflict with applicable federal or State Laws, the Conflicting Provisions shall be deemed never to have constituted a part of this Declaration; provided, however, that such determination by the Trustees shall not affect or impair any of the remaining provisions of this Declaration or render invalid or improper any action taken or omitted (including, but not limited to, the election of Trustees) prior to such determination. Section 17.7 Rules of Construction; Headings. In this Declaration of Trust, references to this Declaration of Trust, and all expressions such as “herein,” “hereof” and “hereunder,” shall be deemed to refer to this Declaration of Trust as a whole and not to any particular article or section unless the context requires otherwise. Whenever the singular number is used herein, the same shall include the plural; and the neuter, masculine and feminine genders shall include each other, as applicable. The terms “include,” “includes” and “including” and any comparable terms shall be deemed to mean “including, without limitation.” Any reference to any statute, law, code, rule or regulation shall be deemed to refer to such statute, law, code, rule or regulation as amended or restated from time to time and any successor thereto. Headings are placed herein for convenience of reference only and shall not be taken as a part hereof or to control or affect the meaning, construction or effect of this Declaration of Trust. [Signature Page Follows] IN WITNESS WHEREOF, the undersigned Trustees of ILLINOIS PUBLIC RESERVES INVESTMENT MANAGEMENT TRUST, acting in th�ir respective capacities as Trustees of the Fund, do hereby make and enter into this Declaration of Trust as of the date first written above. Kyle P! Cratty, Trustee ��Phillip E. DeRuntz, Trustee CHICAG0/#3198044 About IPRIME A Complete Line of Value Added Services The Illinois Public Reserves Investment Management Trust™ (IPRIME™) referred to as “the Fund” is an investment pool for Municipal Treasurers acting on behalf of counties, townships, cities, towns, villages, libraries, park districts, water supply districts, fire protection districts, sanitary districts, housing authorities and other municipal subdivisions of the State of Illinois. The Investment Shares Series is comprised of money market instruments having a maximum remaining maturity of one year (except U.S. government obligations that may have remaining maturities of up to two years). The primary objectives of the Investment Shares Series are to offer the highest possible investment yield, protect principal, preserve liquidity, and maintain Standard & Poor’s highest local government investment pool rating of AAAm. In addition, the fund offers access to PMA Financial Network’s Fixed Income and Deposit Programs. IPRIME Products & Services Investment Shares Series The Investment Shares Series offers a competitive yield, requires no minimum balance, and allows unlimited withdrawals. The portfolio is rated AAAm by Standard & Poor’s and meets the requirements of GASB 79 in order to enable it to value its investments at amortized cost and allow Participants to report the shares at the $1 NAV. The Investment Shares Series is designed to meet your daily liquidity needs. With the experience and expertise of PMA, the Investment Shares Series grants our investors access to a powerful investment management team that functions with a high standard of vision, synergy, and quality. ILLINOIS PUBLIC RESERVES INVESTMENT MANAGEMENT TRUST™ Guarding, guiding and growing your investments PRIME ™ IPRIME BENEFITS • Daily Liquidity • AAAm Rated by Standard & Poor’s • ACH Direct Deposit of County, State and Federal Tax Disbursements • Online Reporting Access • Self-Directed Wire Transfers • Fixed-Income Investment Platform • Cash Flow Management • Bond Proceeds Management (PMA Securities) • Credit Risk Analysis Securities, public finance services and institutional brokerage services are offered through PMA Securities, Inc. PMA Securities, Inc. is a broker-dealer and municipal advisor registered with the SEC and MSRB, and is a member of FINRA and SIPC. Prudent Man Advisors, Inc., an SEC registered investment adviser, provides investment advisory services to local government investment pools. All other products and services are provided by PMA Financial Network, Inc. PMA Financial Network, Inc., PMA Securities, Inc. and Prudent Man Advisors (collectively “PMA”) are under common ownership. Securities and public finance services offered through PMA Securities, Inc. are available in CA, CO, FL, GA, IL, IN, IA, KS, MI, MN, MO, NE, OH, OK, PA, SD, TX and WI. This document is not an offer of services available in any state other than those listed above, has been prepared for informational and educational purposes and does not constitute a solicitation to purchase or sell securities, which may be done only after client suitability is reviewed and determined. All investments mentioned herein may have varying levels of risk, and may not be suitable for every investor. PMA and its employees do not offer tax or legal advice. Individuals and organizations should consult with their own tax and/or legal advisors before making any tax or legal related investment decisions. Additional information available upon request. ©2019 PMA Financial Network, Inc. All rights reserved. For Institutional Use Only ILLINOIS PUBLIC RESERVES INVESTMENT MANAGEMENT TRUST™ Term Series Pools The IPRIME Board of Trustees has authorized the creation of an unlimited number of investment pools labeled Term Series. Each Term Series will be comprised of statute allowable investments and will have a designated maturity of between 30 days and three years. Fixed Income Investments IPRIME Participants also have the option to invest in Certificates of Deposits with FDIC insurance up to the $250,000 limit, Certificates of Deposits secured by a FHLB Letter of Credit (for large block investing), collateralized deposits, U.S. Government Treasury securities, U.S. Government Agency securities, and other fixed rate instrumentalities allowable under Illinois state statute. Cash Flow Management Program Give your municipality a complete and accurate analysis of its cash flow forecast so you can invest confidently and with a purpose. Bond Proceeds Management Program Maximize your bond issuance efficiency with a comprehensive investment and arbitrage management program for bond proceeds through PMA Securities, Inc. Discover the Power of IPRIME PMA Financial Network and its affiliate companies have earned a well- deserved reputation among municipal entities in Illinois. As investment advisor of the Fund, Prudent Man Advisors is known for excellent performance built around the safety, liquidity and yield that public sector officials depend on and expect. Integrity. Commitment. Performance.tm VISIT US AT www.iprimetrust.org www.pmanetwork.com CALL US AT (844) 5-IPRIME (844-547-7463) CONTACTS Courtney Soesbe Vice President, Senior Relationship Officer o 630.657.6421 f 630.718.8701 csoesbe@pmanetwork.com 2135 CityGate Lane, 7th Floor Naperville, IL 60563 www.pmanetwork.com PMA Financial Network, Inc. | PMA Securities, Inc. | Prudent Man Advisors, Inc. Member, FINRA, SIPC | Registered Investment Advisor Erik Stoltz Institutional Investment Sales Manager–IL o 630.657.6434 f 630.718.8701 estoltz@pmanetwork.com 2135 CityGate Lane, 7th Floor Naperville, IL 60563 www.pmanetwork.com PMA Financial Network, Inc. | PMA Securities, Inc. | Prudent Man Advisors, Inc. Member, FINRA, SIPC | Registered Investment Advisor Tim Matthew Associate Vice President , Relationship Management Officer o 630.657.6427 f 630.718.8701 tmatthew@pmanetwork.com 2135 CityGate Lane, 7th Floor Naperville, IL 60563 www.pmanetwork.com PMA Financial Network, Inc. | PMA Securities, Inc. | Prudent Man Advisors, Inc. Member, FINRA, SIPC | Registered Investment Advisor PRIME ™www.iprimetrust.org | (844) 5-IPRIME (844-547-7463) NEW YORK (S&P Global Ratings) Jan. 15, 2019--S&P Global Ratings today said it assigned its 'AAAm' principal stability fund rating on the Illinois Public Reserves Investment Management Trust - Investment Shares Series. The Illinois Public Reserves Investment Management Trust (IPRIME) is an investment opportunity for political corporations or subdivisions of the state of Illinois, excluding school districts, community college districts, and educational service regions. The fund seeks to provide investors with the highest possible investment yield while maintaining liquidity and preserving capital. IPRIME will have a maximum portfolio duration weighted average maturity of 60 days and a maximum weighted average life of 90 days. All participants are voluntary, and the net asset value of the shares will be calculated daily. Prudent Man Advisors (PMA), based in Naperville, Ill., is the investment manager. PMA and its affiliates provide cash and investment management services, administration, distribution, and advisory services for local government investment pools, broker-dealer services, financial planning, bond issue advisory and other public finance services. PMA had $7.2 billion of assets under management as of Sept. 30, 2018. PMA Financial Network Inc. is the administrator. BMO Harris is the custodian. IPRIME seeks to achieve its investment objective by investing various money market instruments, including U.S. government securities, agencies, corporate debt, asset-backed commercial paper, bank obligations, repurchase agreements, municipal securities, government money market funds, and other obligations permitted by applicable Illinois statues. A fund rated 'AAAm' demonstrates extremely strong capacity to maintain principal stability and to limit exposure to principal losses as a result of credit risk. 'AAAm' is the highest principal stability fund rating that we assign. A fund achieves such a rating through conservative investment practices and strict internal controls. We monitor principal stability fund ratings on a weekly basis. RELATED CRITERIA • Fixed-Income Funds: Principal Stability Fund Rating Methodology, June 23, 2016 Certain terms used in this report, particularly certain adjectives used to express our view on rating relevant factors, have specific meanings ascribed to them in our criteria, and should therefore be read in conjunction with such criteria. Please see Ratings Criteria at www.standardandpoors.com for further information. Complete ratings information is available to subscribers of RatingsDirect at www.capitaliq.com. All ratings affected by this rating action can be found on S&P Global Ratings' public website at www.standardandpoors.com. Use the Ratings search box located in the left column. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Action Taken: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Administration Committee #6 Tracking Number ADM 2019-46 City Services Survey 2019 City Council – August 27, 2019 Council Action Previously Taken: Date of Action: ADM 08-21-19 Item Number: ADM 2019-46 Type of Vote Required: Majority Approval Discussion and consideration of the 2019 City Services Questions. Erin Willrett Administration Name Department Moved forward to City Council agenda. Summary Memorandum To: Administration Committee From: Erin Willrett, Assistant City Administrator CC: Bart Olson, City Administrator Date: August 21, 2019 Subject: City Services Survey 2019 Approval of questions and implementation plan for the City Services Survey 2019. Background The City has conducted a comprehensive city services survey in 2012, 2013, 2015 and 2017. The goal of the survey is to yield short-term feedback about priorities and service delivery and long- term data tracked from survey to survey. We recommend performing another survey in 2019. The 2019 survey format is attached. Staff has reviewed the 2017 survey and has recommended no substantial changes to the 2019 survey. The few minor changes are as follows: 1. Question 4 – Added Top 10 2018 City Goals for the resident to rank from Most Important to Least Important. In the past, the questions in this section were general. Staff has updated the question to obtain feedback on the City Goals. Because the survey will be going out in the October Utility Billing, staff will have the opportunity to update this question to reflect the 2019 City Goals. 2. Question 13 – Changed reference to Tri-annual city newsletter (included in Parks and Recreation catalog to “Parks and Recreation catalog” and added “Yorkville Minute Newsletter” 3. Question 15 and 16 – Added: Wine’d Down Wednesday, Cruise Nights, St. Patrick’s Day Celebration, Bunny Breakfast and Egg Hunt, Yorktober Fest, I Love My Grandparents, Yorkville Holiday Celebration and Fourth of July Celebration 4. Question 18 – Updated aldermen names. 5. Closing message – new link will be added Staff proposed to conduct the survey in the same manner used in the past. We would widely distribute the link to the online survey and give each utility billing a unique password on the bottom of their utility bill. Multi-family buildings and rental houses would receive a direct mailer with a unique password. Residents could call City Hall and receive a second unique password if they wished to have a second individual in the home take the survey. Residents could also call City Hall to set up an appointment to take the survey over the phone. Recommendation Staff recommends the 2019 draft survey questions be approved, and requests feedback on whether any new questions should be added. If the Administration Committee recommends approval, and City Council approves the survey at the August 27th City Council meeting, we would expect to open the survey by the end of October. United City of Yorkville City Services Survey 2019 Welcome to the United City of Yorkville City Services Survey 2019. The City Council would like to know what you think about City services, and has commissioned this web survey to gather your opinions. This survey should take less than 15 minutes to complete. Please insert the passcode for the survey (on your utility bill, or obtained from City Hall). 1. What is your survey passcode?* 1 Which services are most important? United City of Yorkville City Services Survey 2019 Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied N/A Quality of police services Response time of police services Maintenance of streets, sidewalks, and infrastructure City communication with public (not from elected officials) Communication with your elected officials Quality of customer service (any department) Flow of traffic / congestion management Quality of stormwater management system Quality of flood prevention Quality of water services Quality of wastewater services Quality of refuse, recycling, and yardwaste collection services Quality of parks 2. Please rate your satisfaction with each City service. 2 Quantity of parks provided Quality of recreation programming offered Quantity of recreation classes offered Quality of special events offered Quality of customer service during building inspections Quality of property maintenance services (weeds, unsafe buildings, etc.) Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied N/A Comments: 3 United City of Yorkville City Services Survey 2019 4 Comments: 3. Which three of the items listed below do you think should receive the most emphasis from City leaders over the next two years? (Choose the three most important) * Quality of police services Maintenance of streets, sidewalks, and infrastructure City communication with public (not from elected officials) Communication with your elected officials Quality of customer service (any department) Flow of traffic / congestion management Quality of stormwater management system Quality of flood prevention Quality of water services Quality of wastewater services Quality of refuse, recycling and yardwaste collection services Quality of parks Quality of parks provided Quantity of recreation programming offered Quality of recreation programming offered Quantity of recreation classes offered Quality of special events offered Quality of customer service during building inspections Quality of property maintenance services (weeds, unsafe buildings, etc.) 5 Most important out of this group - 1 2 3 4 5 6 7 8 9 Least important out of this group - 10 Staffing (Police and Others) Municipal Building Needs & Planning Road Funding Southside Development Downtown & Riverfront Development Water Planning Metra Extension Manufacturing and Industrial Development School Safety (Exterior & Traffic) Expand Economic Development Efforts Comments: 4. Rank these City Council goals in order from most important (1) to least important (6): 6 Value of services? United City of Yorkville City Services Survey 2019 Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied N/A Value you receive for City tax dollars and fees Image of the City Quality of City services Quality of life in the City Comments 5. Approximately six cents of each property tax dollar you pay goes to the City. The City’s portion of property tax pays for the following services: Police, Public Works (street maintenance, snow plowing), Building, Zoning, Planning, Finance, Administration, and Parks and Recreation. The remaining 96 cents goes to the Library, County, Township, School District, Community College, Fire Protection, and Forest Preservation. Please rate your satisfaction with each item. 7 Major Advantage Advantage Neutral Disadvantage Major Disadvantage Schools Location Shopping Transportation Housing Quality Housing Costs Residential Neighborhoods Friendliness of residents Recreational amenities Other (please specify) 6. Please rank the advantages and disadvantages of living in Yorkville. 8 Questions about police services Police services United City of Yorkville City Services Survey 2019 Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied N/A Visibility of police in your neighborhood Visibility of police in retail areas Efforts to prevent major crime Enforce traffic laws on major streets Enforce traffic laws in your neighborhood How quickly police respond Quality of non- enforcement services Comments 7. Please rate your satisfaction for each police service. 9 Comments 8. Which three of the public safety items listed below do you think should receive the most emphasis from City leaders over the next two years? (Choose the three most important) * Visibility of police in your neighborhood Visibility of police in retail areas Efforts to prevent major crime Enforce traffic laws on major streets Enforce traffic laws in your neighborhood How quickly police respond Quality of non-enforcement services Strongly Agree Agree Neutral Disagree Strongly disagree Yorkville is a good place to raise kids. Yorkville is a good place to retire. Yorkville is safer than surrounding communities. Yorkville has a sense of community. I would recommend living in Yorkville. I plan to remain in Yorkville for the next five years. Comments 9. Please read each statement below and rate your level of agreement or disagreement: 10 Public Works questions United City of Yorkville City Services Survey 2019 Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied N/A Maintenance of major City streets (i.e. Game Farm Road, Fox Road, Van Emmon Road) Maintenance of neighborhood streets (entrances to subdivisions, streets in front of your house) Maintenance of City sidewalks Maintenance of street signs Maintenance of City street lighting Snow removal on major streets Snow removal on neighborhood streets Mowing and trimming along major streets Cleanliness of streets and other public areas Comments 10. Please rate your satisfaction for each public works service. 11 Comments 11. Which three of the public works items listed below do you think should receive the most emphasis from City leaders over the next two years? (Choose the three most important) * Maintenance of major City streets (i.e. Game Farm Road, Fox Road, Van Emmon Road) Maintenance of neighborhood streets (entrances to subdivisions, streets in front of your house) Maintenance of City sidewalks Maintenance of street signs Maintenance of City street lighting Snow removal on major streets Snow removal on neighborhood streets Mowing and trimming along major streets Cleanliness of streets and other public areas 12 Public Information Outreach United City of Yorkville City Services Survey 2019 Other (please specify) 12. Which of the following are/were your primary sources of information about City issues, services, and events? (check all that apply) Parks and Recreation catalog Website (includes audio / video files of City meetings) City facebook page City twitter account Utility bill inserts Yorkville Minute Newsletter Govt Access TV (FVTV) Kendall County Record Beacon News Yorkville Patch WSPY Radio Contact with elected officials Other 13. If you do not use any of the communication outlets described in the prior questions, what would be the best avenue to inform you of City issues, news, and events? 13 Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied N/A Efforts to keep you informed about issues Quality of government access TV station Quality of website Quality of City facebook page Quality of City twitter account Quality of City newsletter Comments 14. Please rate your satisfaction with each item below: 14 City events United City of Yorkville City Services Survey 2019 Very Satisfied Satisfied Neutral Dissatisfied Very Dissatisfied N/A Hometown Days Wine'd Down Wednesday Cruise Nights St. Patrick's Day Celebration River Fest 5k runs (Chili Chase, etc.) Outdoor Movies Halloween Egg Hunt Bunny Breakfast and Egg Hunt Yorktober Fest I Love My Grandparents Yorkville Holiday Celebration Fourth of July Celebration Comments 15. Please rate your satisfaction with how each event is run: 15 Most favorite Second most favorite Third most favorite Fourth most favorite The middle Fourth least favorite Third least favorite Second least favorite Least favorite Hometown Days Wine'd Down Wednesday Cruise Nights St. Patrick's Day Celebration River Fest 5k runs (Chili Chase, etc.) Outdoor Movies Halloween Egg Hunt Bunny Breakfast and Egg Hunt Yorktober Fest I Love My Grandparents Yorkville Holiday Celebration Fourth of July Celebration Comments 16. Please rank the events, from your most favorite to least favorite. 17. Are there any types of special events you would like to see the City engage in? 16 Businesses United City of Yorkville City Services Survey 2019 Other (please specify) 18. Which type of businesses or industry would you most like to see in Yorkville? Retail/shopping opportunities Office developments Light manufacturing areas Heavy manufacturing or industrial 19. What specific companies or brands do you want to see open a retail store in Yorkville? 17 United City of Yorkville City Services Survey 2019 20. What suggestions do you have to improve the quality of life in Yorkville? Years in Yorkville? 21. How many years have you lived in Yorkville? 22. In which ward do you currently reside? Ward 1 (Alderman Koch, Alderman Transier) Ward 2 (Alderwoman Milschewski, Alderman Plocher) Ward 3 (Alderman Frieders, Alderman Funkhouser) Ward 4 (Alderman Tarulis, Alderman Peterson) I don't know 23. Which City and State did you live in prior to moving to Yorkville? If you have lived here your entire life, please write "lifelong resident" or similar. 24. Do you own or rent your current residence? Own Rent 18 25. Which is your age group? Under age 10 10-19 20-29 30-39 40-49 50-59 60-69 70 and over Other (please specify) 26. Which of the following best describes your race / ethnicity? White/Caucasian African American/Black Hispanic/Latino Asian/Pacific Islander Native American/Eskimo Multiracial 27. What is your gender? Male Female 28. Is there any way in which this survey can be improved? 19 United City of Yorkville City Services Survey 2019 Thank you for completing this survey. Results for the survey will be published to the City website in the summer of 2020. To review last years results, copy and paste the following link in a new tab: PLACEHOLDER LINK 20 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Administration Committee #7 Tracking Number ADM 2019-48 Clerk/Treasurer Stipend City Council – August 27, 2019 ADM 08-21-19 Moved forward to City Council agenda. ADM 2019-48 Majority Approval See attached memo. Bart Olson Administration Name Department Summary Consideration of City code amendments to reduce the Clerk and Treasurer stipends and to fully implement the appointed Clerk and Treasurer positions. Background This item was last discussed by the City Council in February 2017, when the City Council adopted a resolution codifying the Clerk and Treasurer positions as appointed positions. At the time, no change in the stipends were proposed. Since then, this item has been discussed pre- and post-mayoral transition. In order to fully effectuate the cost savings claims in both the Clerk and Treasurer referendum questions, staff proposes reducing the Clerk and Treasurer annual stipend to $2,000, effective May 1, 2020. This is less than the current $6,000 maximum Clerk and Treasurer stipends ($3,600 base and $2,400 in potential meeting attendance fees) and more than the $1,000 Deputy Clerk and Deputy Treasurer stipends. Additionally, we propose that that the per meeting fees for all of these staff-level positions be eliminated, as the staff members will be receiving their normal salary when they attend meetings. Accordingly, an ordinance has been drafted to reflect those changes. Recommendation Staff recommends approval of the attached ordinance. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: August 12, 2019 Subject: Clerk and Treasurer Stipend Ordinance No. 2019-____ Page 1 Ordinance No. 2019-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE SALARIES FOR APPOINTED MUNICIPAL OFFICERS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, Title 1, Chapter 6, Subsection 5(A) of the Code of Ordinances of the United City of Yorkville, Kendall County, Illinois, establishes annual salaries for municipal officers; and, WHEREAS, the Mayor and the City Council (the “Corporate Authorities”) have reviewed the salaries for the appointed positions of City Clerk, Treasurer, and Deputy Clerk and have decided to reduce these salaries. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Subsection 1-6-5(A)(3), Subsection 1-6-5(A)(4), and Subsection 1-6- 5(A)(5) of the Yorkville City Code, as amended, be and is hereby amended to read: “3. City Clerk: Two thousand dollars ($2000.00).” “4. Treasurer: Two thousand dollars ($2000.00).” “5. Deputy Clerk: One thousand dollars ($1000.00).” Section 2. That Subsection 1-6-5(A)(7) of the Yorkville City Code, as amended, be and is hereby amended to read: “7. Special Meetings: If there is a "special" city council meeting called, there is an additional one hundred thirty-five dollars ($135.00) to the mayor and each alderman attending.” Ordinance No. 2019-____ Page 2 Section 3. This Ordinance shall be in full force and effect on May 1, 2020 upon its passage, approval, and publication. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this ____ day of _________________, A.D. 2019. ______________________________ City Clerk KEN KOCH ________ DAN TRANSIER ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _________________, A.D. 2019. ______________________________ Mayor Attest: _____________________________ City Clerk 1-6-5(A) Salaries: A. Officials; Annual Salaries: 1. Mayor: Eight thousand five hundred dollars ($8,500.00) (includes $1,000.00 liquor control commissioner) plus one hundred dollars ($100.00) for each city council meeting attended. 2. Aldermen: Three thousand six hundred dollars ($3,600.00) (all aldermen) plus one hundred dollars ($100.00) for each city council meeting attended. 3. City Clerk: Two thousand dollars ($2000.00).Three thousand six hundred dollars ($3,600.00) plus one hundred dollars ($100.00) for each city council meeting attended. 4. Treasurer: Two thousand dollars ($2000.00).Three thousand six hundred dollars ($3,600.00) plus one hundred dollars ($100.00) for each city council meeting attended. (Ord. 2008-03, 1-22- 2008) 5. Deputy Clerk: One thousand dollars ($1,000.00) plus one hundred dollars ($100.00) for each city council meeting attended. 6. Deputy Treasurer: One thousand dollars ($1,000.00). 7. Special Meetings: If there is a "special" city council meeting called, there is an additional one hundred thirty five dollars ($135.00) to the mayor, city clerk, deputy clerk, treasurer and each alderman attending. (Ord. 2013-48, 8-13-2013) Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number City Council Report #1 Tracking Number ADM 2018-88 Sale of 111 W. Madison Street (Old Jail) City Council – August 27, 2019 Majority Approval Please see attached. Bart Olson Administration Name Department Page 1 of 3 Summary Consideration of an agreement to sell the old jail at 111 W Madison St. to KCJ Restoration LLC. Background This item was last discussed at the August 6th Economic Development Committee meeting. At that meeting, the committee reviewed the attached term sheet and memo. The committee was generally supportive of the term sheet contents. Since that meeting, the staff has been working with the developer to finalize an actual sale, development, and TIF agreement for the property. The draft agreement is attached for your consideration. The highlights of the agreement are as follows: - Section 1.2 – Legal description of the property under Exhibit A. City is not selling the parking lot to the north of the building. - Sections 1.4, 1.5, and 1.9 – Clarification that TIF incentives will be used in the agreement. - Section 2.1 – Outlines the options for zoning that will allow the developer to have 5 residential apartments (including units on the ground floor) and businesses within the B-1 zoning district. The property is currently zoned B-1, which does not permit residential apartments on the ground floor. The City will need to do a text amendment for special uses within the B-1 zoning district and process a special use request from the developer. However, if the City’s Form Based Code is approved, the code would allow apartments on this property with no further City Council action. - Section 2.2 - The agreed upon purchase price will be the $1,000 as originally proposed by the developer in their first submittal. - Section 2.2 (a) - The City has a right of first refusal on the property, until the project is complete. This protects the City from a scenario where the project is not completed and/or abandoned. Assuming the developer decides to sell the property during that stage, the City would have the option to match the offer and complete the project itself or sell to another developer - Section 2.2 (b) – The City will add a deed restriction that the historic, eastern part of the building may never be torn down. The garage portion of the building has no such restriction going Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: August 8, 2019 Subject: Jail agreement Page 2 of 3 forward. This deed restriction could be lifted by mutual agreement between a future landowner and a future City Council. - Section 2.3 and 3.1 - The developer has right of first refusal on the parking lot to the north of the building for the next 20 years. The building site has no available on-site parking, and so the developer is concerned that a successful project and continued success in the downtown on other properties will create a parking shortage. On the off-chance the City thinks the parking lot should be sold in the future, the developer would like the ability to match the offer and own the parking lot themselves. - Section 3.2 (a) – The developer will receive $30,000 in TIF incentives from the City after the roof is repaired on the entire building, as long as the roof is repaired before December 1st, or within 90 days from permit issuance. We excluded gutters and downspouts on the offchance that the developer can not find historically accurate gutters and downspouts (their intent) immediately (gutters and downspouts are usually a part of a roof permit requirement). This is a guaranteed payment by the City, as long as the conditions of the section are met. This payment is considered overlapping with the City’s demolition costs to tear the building down. - Section 3.2 (b) – The developer will receive $50,000 in TIF incentives from the City after the lead and asbestos is remediated in the building. This is a guaranteed payment by the City, as long as the conditions of the section are met. This payment is considered overlapping with the City’s demolition costs to tear the building down. - Section 3.2 (c) – The developer will receive $17,500 in TIF incentives from the City when the residential portion of the building is complete. This section is modified slightly for a scenario in which the residential units are complete, but the rezoning is not complete. In a normal certificate of occupancy situation, the City would not issue the certificate of occupancy for the four residential units unless the property was in conformance with the zoning code. The intent of this section is for the developer to renovate the garage portion of the building with residential units. This is a guaranteed payment by the City, as long as the conditions of the section are met. This payment is not considered overlapping with the City’s demolition costs to tear the building down. - Section 3.2 (d) – The developer will receive $17,500 in TIF incentives from the City when the commercial portion of the building is complete. This payout is tied only to the commercial units in the historic part of the building, and not the potential one residential unit in the historic part of the building. Additionally, the payout is tied to “vanilla box” construction completion (no tenant is required). This is a guaranteed payment by the City, as long as the conditions of the section are met. This payment is not considered overlapping with the City’s demolition costs to tear the building down. - Section 3.2 (f) – The developer will receive 100% of any property taxes paid on the property for the payments received by the City in calendar years 2020-2024. In the term sheet, this was originally contemplated as “during construction and two years after construction”. So the years of TIF reimbursement would have been variable depending on the length of construction. We changed it to be the five calendar years stipulated above for clarity in administering the agreement in the future. Additionally, if there are any school students living in the property, TIF law requires the City to set aside a portion of the property taxes to send to the school district. In Page 3 of 3 this student scenario, this set aside will occur first and any City payout to the developer will be 100% of this net amount. Finally, this is not a guaranteed payment by the City – as in, if the property taxes are $0 for any of the years listed above, the developer will receive $0 in those years. - Section 3.3 – The developer will receive 90/85/80% of any property taxes paid on the property for the payments received by the City in the calendar years referenced in the agreement. In the term sheet, this was originally contemplated as ~ “after the 100% TIF payouts during construction and post-construction”. So the years of TIF reimbursement would have been variable depending on the length of construction. We changed it to be the defined calendar years in the agreement, for clarity in administering the agreement in the future. Additionally, if there are any school students living in the property, TIF law requires the City to set aside a portion of the property taxes to send to the school district. In this student scenario, this set aside will occur first and any City payout to the developer will be 90/85/80% of this net amount. All of the payments in this section of the agreement are capped at $150,000. Finally, this is not a guaranteed payment by the City – as in, if the property taxes are $0 (or any lesser amount than they had planned for) for any of the years listed above, the developer will receive $0 in those years. - Section 3.4 – The City will waive all building permit, plan review fees, etc. - Section 3.5 – The City will construct the water and sewer services into the building, but the City has the ability to opt out of completing the work and to pay the developer $15,000 instead. - Section 3.6 – The City will construct the residential electric services into the building, but the City has the ability to opt out of completing the work and to pay the developer $5,000 instead. - Section 4.1 and 4.2 – The property currently has adequate on-street and off-street parking under the zoning code for any use within the current B-1 zoning district. As long as the developer does not rezone the property, the property’s parking requirements will be satisfied. - Section 4.3 – The City will work to add additional parking spaces to the east of the existing Madison St diagonal parking spaces. In the event the developer agrees to pay a cost of $2,000 per parking space (roughly the cost of asphalt material for the spaces), the City will construct the spaces and lease the in-right-of-way areas to the developer. Additionally, the City will lease the in-right-of-way areas of the existing parking spaces, since the parking spaces will be half on the private property and half within the right-of-way. This will give the developer a few designated parking spaces adjacent to the building. - Section 5 – Attorney Orr’s standard sections on TIF payment procedures. Recommendation Staff recommends approval of the ordinance and agreement. Ordinance No. 2019-____ Page 1 Ordinance No. 2019-______ A ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS APPROVING A REDVELOPMENT AGREEMENT FOR THE OLD JAIL WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of this State; and, WHEREAS, the City is engaged in the revitalization of its downtown commercial district which includes the property owned by the City commonly known as 111 West Madison which property is improved with a two-story building constructed in 1892 and used as the County Jail and Sheriff’s residence until 1992 (the “Old Jail”) and now remains as an important historic landmark in the City; and, WHEREAS, pursuant to the Tax Increment Allocation Redevelopment Act of the State of Illinois, 65 ILCS 5/11-74.4-1, et seq., as from time to time amended (the “TIF Act”), the Mayor and City Council of the City (collectively, the “Corporate Authorities”) are empowered to undertake the redevelopment of a designated area within its municipal limits in which existing conditions permit such area to be classified as a “blighted area” or a “conservation area” as such terms are defined in the TIF Act; and, WHEREAS, to stimulate and induce redevelopment pursuant to the TIF Act, the City, after giving all required notices, conducting a public hearing and making all findings required by law, on April 10, 2018, pursuant to Ordinance Nos. 2018-23, 2018-4 and 2018-25, approved a Redevelopment Plan (the “Redevelopment Plan”) for an area designated as the Downtown Redevelopment Project Area #2 (the “Project Area”), which Project Area includes the Subject Property, and adopted tax increment financing for the payment and financing of “Redevelopment Ordinance No. 2019-____ Page 2 Project Costs”, as defined by the TIF Act, incurred within the Project Area as authorized by the TIF Act; and, WHEREAS, on July 9, 2019, the City authorized the issuance of a Request for Proposal (the “RFP”) from all parties interested in rehabilitating the Subject Property (with a preference for office or retail use and a secondary preference for multi-family residential use) in a manner respecting the historical significance of the Old Jail; and, WHEREAS, in response to the RFP, the City received a proposal from the Developer to substantially renovate the Subject Property into five (5) residential units and 2,000 to 4,200 square feet of commercial/office retail space while preserving and retaining the historic elements of the Subject Property (“Project”); and, WHEREAS, the Developer has advised the City that it is not economically feasible for the Developer to undertake the Project to improve the Subject Property due to the extraordinary costs required for its redevelopment without financial assistance because of the existence of asbestos and lead base paint and the deteriorating condition of the Old Jail; and, WHEREAS, the City desires to have the Subject Property redeveloped in order to preserve its historic value to the City and to eliminate the blight factors found at the Subject Property while increasing the tax base of the City and affected taxing districts; providing job opportunities for its residents; and, improving the general welfare of the community; and, therefore, is prepared to convey the Subject Property to the Developer and to reimburse the Developer for certain costs associated with the Project, pursuant to a the terms of the Redevelopment Agreement attached hereto. NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Ordinance No. 2019-____ Page 3 Section 1. All of the Preambles hereinabove set forth are incorporated herein as if restated. Section 2. That the Redevelopment Agreement by and between the United City of Yorkville and ___________________, LLC and in the form attached hereto and presented to this meeting is hereby approved and the Mayor is hereby authorized to execute same. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois this ________ day of ____________________, 2019. KEN KOCH ________ DAN TRANSIER ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ APPROVED: ______________________________ Mayor Attest: ___________________________________ City Clerk 1 REDEVELOPMENT AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND KCJ RESTORATION, LLC THIS REDEVELOPMENT AGREEMENT (“Agreement”) is entered into as of the _______ day of _______________, 2019 (“Effective Date”) by and between the United City of Yorkville, Kendall County, Illinois, an Illinois municipal corporation (“City”), and KCJ Restoration, LLC, an Illinois limited liability company (the “Developer”). In consideration of the mutual covenants and agreements set forth in this Agreement, the City and Developer hereby agree as follows: ARTICLE 1: RECITALS 1.1 The City is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State. 1.2 The City is engaged in the revitalization of its downtown commercial district which includes the property commonly known as 111 West Madison (exclusive of the adjacent parking lot), which property is identified by parcel index number 05-32-287-001 and legally described on Exhibit A (the “Subject Property”). 1.3 The City has the authority pursuant to the laws of the State of Illinois, to promote the health, safety, and welfare of its inhabitants, to prevent the spread of blight, to encourage private development in order to enhance the local tax base, to increase job opportunities, and to enter into contractual agreements with third parties for the purpose of achieving these purposes. 1.4 Pursuant to the Tax Increment Allocation Redevelopment Act of the State of Illinois, 65 ILCS 5/11-74.4-1, et seq., as from time to time amended (the “TIF Act”), the Mayor and City Council of the City (collectively, the Corporate Authorities”) are empowered to undertake the redevelopment of a designated area within its municipal limits in which existing conditions permit such area to be classified as a “blighted area” or a “conservation area” as such terms are defined in the TIF Act. 1.5 To stimulate and induce redevelopment pursuant to the TIF Act, the City, after giving all required notices, conducting a public hearing and making all findings required by law, on April 10, 2018, pursuant to Ordinance Nos. 2018-23, 2018-4 and 2018-25, approved a Redevelopment Plan (the “Redevelopment Plan”) for an area designated as the Downtown Redevelopment Project Area #2 (the “Project Area”), which Project Area includes the Subject Property, and adopted tax increment financing for the payment and financing of “Redevelopment Project Costs”, as defined by the TIF Act, incurred within the Project Area as authorized by the TIF Act. 1.6 The Subject Property is improved with a two-story building constructed in 1892 and used as the County Jail and Sheriff’s residence until 1992 (the “Old Jail”) and now remains as an important historic landmark in the City. 2 1.7 On July 9, 2019, the City authorized the issuance of a Request for Proposal (the “RFP”) from all parties interested in rehabilitating the Subject Property (with a preference for office or retail use and a secondary preference for multi-family residential use) in a manner respecting the historical significance of the Old Jail. 1.8 In response to the RFP, the City received a proposal from the Developer to substantially renovate the Subject Property into five (5) residential units and 2,000 to 4,200 square feet of commercial/office retail space while preserving and retaining the historic elements of the Subject Property (“Project”). 1.9 The Developer has advised the City that it is not economically feasible for the Developer to undertake the Project to improve the Subject Property due to the extraordinary costs required for its redevelopment without financial assistance due to the existence of asbestos and lead base paint and the deteriorating condition of the Old Jail. 1.10 The City desires to have the Subject Property redeveloped in order to preserve its historic value to the City and to eliminate the blight factors found within the Subject Property while also increasing the tax base for the City and taxing districts authorized to levy taxes upon the Subject Property; providing job opportunities for its residents; and, improving the general welfare of the community; and, therefore, is prepared to convey the Subject Property to the Developer and to reimburse the Developer for certain costs associated with the Project, subject to the terms of this Agreement, the TIF Act and all other applicable provisions of law. ARTICLE 2: CONVEYANCE OF THE SUBJECT PROPERTY 2.1 The City and the Developer agree that upon approval of the proposed Downtown Overlay Zoning District, no rezoning shall be required for the Subject Property. In the event the Downtown Overlay Zoning District is not approved within six months from the Effective Date, the City agrees to complete the required process to approve a text amendment to the City’s zoning code to provide for two (2) residential units on the first floor in a B-1 zoning district to be a Special Use; and, the Developer agrees to submit a petition to the City for a Special Use at the Subject Property. A list of permitted uses in a B-1 zoning district (as would pertain to the commercial portion of the Subject Property) are attached hereto as Exhibit B. 2.2 Within thirty (30) days of the Effective Date the City shall convey the Subject Property to the Developer for a purchase price of $1,000.00 subject to the following conditions: (a) The deed of conveyance shall provide that the City shall have a right of first refusal in the event of any conveyance, sale, transfer, gift or exchange of the Subject Property by the Developer as “grantee” until such time as the Project has been completed and certificates of occupancy have been issued by the City for both the residential and commercial units constructed within the Subject Property; (b) The deed of conveyance shall provide that title to the Subject Property shall be subject to a covenant running with the land that the historic portion of the Old Jail (as depicted on Exhibit D attached hereto) may not be demolished without the written consent of the City Council; 3 (c) The City shall have received and approved final plans for the development of the Subject Property which plans shall conform to the zoning as to be in effect; and, (d) The City has received and accepted an estimated budget for the Project demonstrating a total investment of no less than $800,000 in the Project. 2.3 The City shall grant the Developer the Right of First Refusal in the event of the conveyance, sale, transfer, gift or exchange of Lots 3 and 4 of Block 28 (the parking lot) for a term of twenty (20) years. ARTICLE 3: CITY OBLIGATIONS 3.1 The City shall grant the Developer a right of first refusal for a period of twenty (20) years from the Effective Date in the event of its conveyance, sale, transfer or exchange of Lots 3 and 4 of Block 28 currently used by the City as a public parking lot. 3.2 Upon satisfaction of the conditions set forth in Sections 2.2(c) and (d) above and the Developer has received any and all permits required to proceed with the Project, the City shall reimburse the Developer for “Redevelopment Project Costs” (as hereinafter defined) subject to the limitations of the TIF Act, Article 4 and 5 of this Agreement, the following amounts: (a) Thirty thousand dollars ($30,000) within thirty (30) days of completion of a new roof in accordance with all applicable code requirements (excluding downspouts and gutters if unavailable) on the condition that said completion of the roof occurs on or before December 1, 2019 or within ninety (90) days of the issuance of the required permit; (b) Fifty thousand dollars ($50,000) within 30 days of completion in accordance with all applicable codes for reimbursement of the cost of abatement of asbestos and remediation of lead-based paint upon completion in accordance with all applicable codes; (c) Seventeen thousand five hundred dollars ($17,500) upon completion of four residential units constructed in that portion of the Old Jail not within the historic part (see Exhibit D) to the extent the four units have met all of the building code requirements to receive a certificate of occupancy but for the final approval of the rezoning of the Subject Property as included in the Downtown Overlay Zoning District or approval of the text amendment to the B-1 Zoning District to permit more than 2 residential units to be constructed on the first floor as a Special Use for the Subject Property; (d) Seventeen thousand five hundred dollars ($17,500) after substantial completion of unleased tenant space for all commercial units, to be defined as roughed -in utilities and drywall (or other code approved wall surfaces) at the Subject Property; 4 (e) As to the obligations of the City to pay the amounts due under paragraphs 3.2(a) thru 3.2(d) hereinabove, such obligation to pay is an absolute payment obligation of the City and is exclusive of the maximum incremental reimbursements from TIF Funds provided hereinafter in this Agreement. (f) One hundred percent (100%) of the “Incremental Taxes” (as hereinafter defined) generated by the Subject Property and distributed to the City in calendar years 2020, 2021, 2022, 2023, and 2024 so long as substantial completion of the Project has occurred on or before December 31, 2023 and no code violations are found at the Subject Property and no students enrolled in Yorkville school districts reside at the Subject Property.  In the event students attending Yorkville school districts reside at the property, the amount due to the school districts pursuant to the TIF Act shall be deducted from the amount of Incremental Taxes due to the Developer as stated in 3.3 below 3.3 So long as no notice of default has been issued and remains outstanding pursuant to Article 7 of this Agreement, following the payment of amounts due to the Developer pursuant to 3.2 above and subject to the procedures set forth in Article 5 hereof, the City shall reimburse the Developer for Redevelopment Project Costs a maximum of $150,000 from Incremental Taxes generated from the Subject Property so long as no students attending Yorkville school districts reside at the Subject Property, payments to be made as follows: (i) Ninety percent (90%) of the Incremental Taxes distributed to the City in calendar years 2025, 2026, 2027, and 2028; (ii) Eighty-five percent (85%) of the Incremental Taxes distributed to the City in calendar years 2029, 2030, and 2031, if necessary; and, (i) Eighty percent (80%) of the Incremental Taxes distrtibuted to the City in calendar years 2032, 2033 and 2034; if necessary. It is understood and agreed that the amounts hereinabove stated to be distributed to the Developer for reimbursement of Redevelopment Project Costs shall be reduced by the amounts due to the Yorkville school districts as required by the TIF Act in the event students attending Yorkville Schools residing at the Subject Property. As used in this Agreement, “Incremental Taxes” shall mean the amount equal to the amount of ad valorem taxes, if any, paid in respect of the Subject Property and its improvements which is attributable to the increase in the equalized assessed value of all the parcels of property located therein over the initial equalized assessed value of said parcel. For purposes of this Agreement, Redevelopment Project Costs shall mean and include all costs and expenses as defined as “redevelopment project costs” in Section 11-74.4-3(q) of the TIF Act. 3.4 The City agrees to waive all rezoning costs, building permit fees (including plan review fees), water meter fees, water connection fees, and sewer connection fees for any component of the Project commenced within 5 years from the Effective Date, and for any 5 additional projects on the historic portion of the Old Jail commenced within 10 years from the Effective Date. 3.5 On or before March 1, 2020, the City shall determine (in its sole discretion) if it intends to construct the water and sewer service line extensions into the Old Jail with the construction of two 1” water service lines and a 6” sanitary service line; or, pay the Developer the sum of fifteen thousand dollars ($15,000). In the event the City determines not to construct said water and sewer service line into the Old Jail, the Developer shall obtain no less than three (3) written quotes for such work and submit the quotes to the City. Within 21 days of review of such written quotes, the City shall pay the Developer the lesser of the lowest written quote or $15,000. 3.6 On or before March 1, 2020, the City shall determine (in its sole discretion) if it intends to construct five residential electrical services into the Old Jail. In the event the City determines not to construct said electrical services into the Old Jail, the Developer shall obtain no less than three (3) written quotes for such work and submit the quotes to the City. Within 21 days of review of such written quotes the City shall pay the Developer the lesser of the lowest written quote or five thousand dollars ($5,000). 6 ARTICLE 4. MUTUAL UNDERSTANDINGS REGARDING PARKING 4.1 The City and the Developer hereby agree to the following: (a) Based upon the mixed use proposal for the development of the Subject Property as the final approved Project, under the current zoning ordinance an estimated maximum twenty-three (23) parking spaces ten (10) stalls for residential and thirteen (13) for all non-residential uses would be required and are available at the site of the Subject Property. (b) Pursuant to the City’s Zoning Ordinance, all required parking spaces are to be located within 1,000 feet of the use served, which are currently available unless the Subject property is used for residential or hotel use which should then be located within 300 feet. (c) The adjacent off-street parking lot to the north of the Old Jail can be utilized to fulfill the site’s residential parking needs (ten (10) spaces). The non-residential parking needs may be fulfilled by other identified off-street and on-street parking spaces within 200 feet of the property. (d) City acknowledges that the above number of parking spaces set forth in paragraphs 4.2 and 4.3 above complies with all City ordinances and building codes and shall at all times be treated as in compliance with City ordinances and codes, so long as the Subject Property retains its current zoning. 4.2 Current available parking on the area of the Subject Property includes the following: Seventeen (17) off-street public parking spaces are located north of the Old Jail, plus an additional (3) on-street public parking spaces to the south (Madison Street) are immediately available to the Subject Property. An additional seven (7) striped on-street public parking stalls northeast of the Subject Property on W. Van Emmon Street are available, as well as a County-owned off-street public parking lot east of the Subject Property on W. Madison Street holding approximately thirteen (13) stalls are available. Total available public parking stalls within 200 feet of the Subject Property are forty (40) stalls. Minimum required parking spaces for the commercial and office uses is three (3) spaces per 1,000 of floor area; one (1) space per lodging unit for the hotel/hospitality use; and two (2) spaces per dwelling unit. Developer and City agree that the handicapped designated spaces shall be in the area for which new parking spaces are provided. 4.3 The City hereby agrees to use its best efforts to construct new parking spaces as depicted on Exhibit C attached hereto it being understood that the construction of such the additional parking spaces shall require cooperation from the Developer and Kendall County in order to proceed. In the event additional parking spaces are constructed, the Developer hereby 7 agrees that the reimbursement of $150,000 to the Developer for Redevelopment Project Costs pursuant to Section 3.3 shall be reduced by two thousand dollars ($2,000) up to a maximum of ten thousand dollars ($10,000) for all parking spaces constructed by the City. The Developer shall have the right to lease the parking spaces, either in-place and those for which a deduction was made from the total reimbursement of $150,000 portions of which are located within the lot line of the subject property, for the term of this Agreement but only upon approval of ¾ (6 members) of the City Council. ARTICLE 5. PROCEDURES TO REIMBURSE THE DEVELOPER 5.1 The City has established a special tax allocation fund solely for the Project Area (the “STAF”) into which the City shall deposit the Incremental Taxes generated from the Project Area. On December 1 of each year [or, if later, that date which is ten (10) days following the date upon which the City receives Incremental Taxes from the final installment of real estate taxes (the “STAF Allocation Date”)],the portion of Incremental Taxes generated from the Subject Property hereof during the period from the immediately preceding STAF Allocation Date to but not including, the current STAF Allocation Date shall be transferred and deposited into the Old Jail Subaccount of the STAF (which Subaccount shall be automatically created by the ordinance approving this Agreement) and used to reimburse the Developer for Project Costs which qualify as Redevelopment Project Costs under the TIF Act pursuant to Sections 3.2 and 3.3, in an amount not to exceed $150,000. 5.2 THE CITY’S OBLIGATION TO REIMBURSE THE DEVELOPER UNDER ARTICLE 3.3 OF THIS AGREEMENT IS A LIMITED OBLIGATION PAYABLE SOLELY FROM INCREMENTAL TAXES DEPOSITED IN THE OLD JAIL SUBACCOUNT OF THE STAF FROM TIME TO TIME AND SHALL NOT BE SECURED BY THE FULL FAITH AND CREDIT OF THE CITY. 5.3 To establish a right of reimbursement for Redevelopment Project Costs in the amount and for the time periods set forth in Article 3.3, the Developer shall submit to the City a written statement in the form attached to this Agreement as Exhibit E (a “Request for Reimbursement”) with such paid bills, paid invoices, lien waivers, or other evidence as the City shall reasonably require to evidence the right of the Developer to reimbursement under Article 3.2 and 3.3 of this Agreement an amount not to exceed $150,000. The City shall have twenty (20) days after receipt of the Request for Reimbursement from the Developer to approve or disapprove the Request for Reimbursement and, if disapproved, to provide the Developer in writing and in detail with an explanation as to why it is not prepared to recommend such reimbursement. The only reasons for disapproval of any expenditure for which reimbursement is sought shall be that such expenditure is not an eligible “Redevelopment Project Costs” under the TIF Act or that it was not incurred and the construction was not completed by the Developer in accordance with all applicable City Code requirements and the provisions of this Agreement. The parties acknowledge that the determination of Redevelopment Project Costs and qualification for reimbursement under this Agreement are subject to the TIF Act, all amendments to the TIF Act, before and after the date of this Agreement, and judicial interpretations of the TIF Act rendered during the term of this Agreement. The City has no obligation to the Developer to attempt to modify such judicial interpretations but will cooperate with the Developer in obtaining approval of Redevelopment Project Costs. 8 ARTICLE 6. REPRESENTATIONS, WARRANTIES, AND COVENANTS 6.1 Developer’s Representations Warranties and Covenants. To induce the City to enter into this Agreement, Developer represents, covenants, warrants, and agrees that: (a) Recitals. All representations and understanding as set forth in Article 1 are true, complete, and accurate in all respects. (b) Organization and Authorization. Developer is an Illinois limited liability company duly formed and existing under the laws of the State of Illinois authorized to do business in Illinois, and Developer has the power to enter into, and by proper action has been duly authorized to execute, deliver, and perform, this Agreement. Developer will do, or cause to be done, all things necessary to preserve and keep in full force and effect its existence and standing as a limited liability company authorized to do business in the State of Illinois for so long as Developer is developing and constructing the Project. (c) Non-Conflict or Breach. The execution, delivery, and performance of this Agreement by Developer, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement shall not conflict with or result in a violation or breach of any of the terms, conditions, or provisions of any offering or disclosure statement made, or to be made, on behalf of Developer, or any restriction, organizational document, agreement, or instrument to which Developer, or any of its partners or venturers, is now a party or by which Developer, or any of its partners or venturers, is bound, or constitute a default under any of the foregoing. Any claim of Conflict or Breach made by either party in this Agreement shall be subject to all enforcement and cure provisions provided in Article 7 in this Agreement. (d) Pending Lawsuits. There are no actions at law or similar proceedings either pending or, to the best of Developer' s knowledge, threatened against Developer that would materially or adversely affect: (i) The ability of Developer to proceed with the construction and development of the Subject Properties; (ii) Developer's financial condition; (iii) The level or condition of Developer's assets as of the date of this Agreement; or (i) Developer' s reputation 6.2 City’s Representations, Warranties and Covenants. To induce Developer to enter into this Agreement and to undertake the performance of its obligations under this Agreement, the City represents, covenants, warrants and agrees as follows: 9 (a) Recitals. All representations and agreements made by the City in Article 1 are true, complete, and accurate in all respects. (b) Authorizations. The City has the power to enter into and perform its obligations under this Agreement and by proper action has duly authorized the Mayor and City Clerk to execute and deliver this Agreement (c) Non-Conflict or Breach. The execution, delivery, and performance of this Agreement by the City, the consummation of the transactions contemplated hereby and the fulfillment of or compliance with the terms and conditions of this Agreement shall not conflict with or result in a violation or breach of the terms of any order, agreement, or other instrument to which the City is a party or by which the City is now bound. (d) Pending Lawsuits. There are no actions at law or similar proceedings either pending or to the best of the City's knowledge being threatened against the City that would materially or adversely affect: (i) The ability of Developer to proceed with the construction of the Development. (ii) The ability of the City to perform its obligations under this Agreement. ARTICLE 7: ENFORCEMENT AND REMEDIES 7.1 Enforcement: Remedies. The parties may enforce or compel the performance of this Agreement, in law or in equity, by suit, action, mandamus, or any other proceeding, including specific performance. Notwithstanding the foregoing, Developer agrees that it will not seek, and does not have the right to seek, to recover a judgment for monetary damages against the City or any elected or appointed officials, officers, employees, agents, representatives, engineers, consultants, or attorneys thereof, on account of the negotiation, execution, or breach of any of the terms and conditions of this Agreement. Subject to the cure provisions provided to each party in paragraph 7.2 hereof. 7.2 Notice; Cure; Self-Help. In the event of a breach of this Agreement, the parties agree that the party alleged to be in breach shall have, unless specifically provided otherwise by any other provision of this Article 7, 30 days after notice of any breach delivered in accordance with Section 9.10 to correct the same prior to the non-breaching party's pursuit of any remedy provided for in Section 7.4 and 7.7; provided, however, that the 30-day period shall be extended, but only (i) if the alleged breach is not reasonably susceptible to being cured within the 30-day period, and (ii) if the defaulting party has promptly initiated the cure of the breach, and (iii) if the defaulting party diligently and continuously pursues the cure of the breach until its completion. If any party shall fail to perform any of its obligations under this Agreement, and if the party affected by the default shall have given written notice of the default to the defaulting party, and if the defaulting party shall have failed to cure the default as provided in this Section 7.2, then, except as specifically provided otherwise in the following sections of this Article 7 and in addition to any and all other remedies that may be available either in law or equity, the party affected by the default 10 shall have the right (but not the obligation) to take any action as in its discretion and judgment shall be necessary to cure the default. In any event, the defaulting party hereby agrees to pay and reimburse the party affected by the default for all costs and expenses reasonably incurred by it in connection with action taken to cure the default, including attorney’s fees and court costs. 7.3 Events of Default by Developer. Any of the following events or circumstances shall be an event of default by Developer with respect to this Agreement: (a) If any material representation made by Developer in this Agreement, or in any certificate; notice, demand to the City; or request made by the City in connection with any of documents, shall prove to be untrue or incorrect in any material respect as of the date made. (b) Default by Developer in the performance or breach of any material covenant contained in this Agreement concerning the existence, structure, or financial condition of Developer. (c) Developer's default in the performance or breach of any material covenant, warranty, or obligation contained in this Agreement. (d) The entry of a decree or order for relief by a court having jurisdiction in the premises in respect of Developer in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal bankruptcy, or appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator, or similar official of Developer for any substantial part of its property, or ordering the winding-up or liquidation of its affairs and the continuance of any such decree or order un-stayed and in effect for a period of 60 consecutive days. There shall be no cure period for this event of default. (e) The commencement by Developer of a voluntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal bankruptcy, insolvency, or the consent by Developer to the appointment of or taking possession, by a receiver, liquidator, assignee, trustee, custodian, sequestrator, or similar official of Developer or of any substantial part of Developer' s property, or the making by any such entity of any assignment for the benefit of creditors or the failure of Developer generally to pay such entity's debts as such debts become due or the taking of action by Developer in furtherance of any of the foregoing. There shall be no cure period for this event of default. 7.4 Remedies for Default By Developer. (a) Subject to the provisions of this Agreement, in the case of an event of default by Developer, the City, pursuant to Section 7.1, may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach, including proceedings to compel specific performance of Developer of its obligations under this 11 Agreement. Subject to the cure provisions in paragraph 7.2 of this Agreement. (b) In case the City shall have proceeded to enforce its rights under this Agreement and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the City, then, and in every such case, Developer and the City shall be restored respectively to their several positions and rights hereunder, and all rights, remedies and powers of Developer and the City shall continue as though no such proceedings had been taken. Subject to the cure provisions in paragraph 7.2 of this Agreement. 7.5 Indemnification by Developer: Agreement to Pay Attorneys' Fees and Expenses. Developer agrees to indemnify the City, and all of its elected and appointed officials, officers, employees, agents, representatives, engineers, consultants, and attorneys, against any and all claims that may be asserted at any time against any of such parties in connection with or as a result of (i) Developer's development, construction, maintenance, or use of the Subject Properties; or (ii) Developer's default under the provisions of this Agreement. Such indemnification obligation, however, shall not extend to claims asserted against the City or any of the aforesaid parties in connection with or as a result of: (i) the performance of the City's representations, warranties and covenants under Article 6 of this Agreement; (ii) the City's default under the provisions of this Agreement; or (iii) the act, omission, negligence or misconduct of the City or any of the aforesaid parties. If Developer shall commit an event of default and the City should employ an attorney or attorneys or incur other expenses for the collection of the payments due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of Developer herein contained, Developer, on the City's demand, shall pay to the City the reasonable fees of such attorneys and such other reasonable expenses so incurred by the City, in the event the City is determined to the be prevailing party. 7.6 Events of Default by City. Any of the following events or circumstances shall be an event of default by the City with respect to this Agreement: (a) A default of any term, condition, or provision contained in any agreement or document relating to the Project (other than this Agreement), that would materially and adversely impair the ability of the City to perform its obligations under this Agreement, and the failure to cure such default within the earlier of 30 days after Developer's written notice of such default or in a time period reasonably required to cure such default or in accordance with the time period provided therein. (b) Failure to comply with any material term, provision, or condition of this Agreement within the time herein specified and failing to cure such noncompliance within 30 days after written notice from Developer of each failure or in a time period reasonably required to cure such default. (c) A representation or warranty of the City contained herein is not true and correct in any material respect for a period of 30 days after written notice to the City by Developer. If such default is incapable of being cured within 30 days, but the City begins reasonable efforts to cure within 30 days, then such default shall not be 12 considered an event of default hereunder for so long as the City continues to diligently pursue its cure. 7.7 Remedies for Default by City. Subject to the provisions of this Agreement, in the case of an event of default by the City, Developer, pursuant to Section 7.1, may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach, including proceedings to compel the City's specific performance of its obligations under this Agreement; provided, however, no recourse under any obligation contained herein or for any claim based thereon shall be had against the City, its officers, agents, attorneys, representatives in any amount in excess of the specific sum agreed to be paid by the City hereunder, and no liability, right or claim at law or in equity shall be attached to or incurred by the City, its officers, agents, attorneys, representatives or employees in any amount in excess of specific sums agreed by the City to be paid hereunder and any such claim is hereby expressly waived and released as a condition of and as consideration for the execution of this Agreement by the City. In the event any action is maintained by the City against Developer, and the City is found to the non-prevailing party, the City shall reimburse Developer for any costs and reasonable Attorneys fees incurred in enforcing claim under this Agreement as the prevailing party. ARTICLE 8: GENERAL PROVISIONS 8.1 Maintain Improvements in Good and Clean Condition: Developer shall maintain the Subject Property in reasonably good and clean condition at all times during the development by Developer of the Subject Property, which shall include promptly removing all mud, dirt, and debris that is deposited on any street, sidewalk, or other public property in or adjacent to the Subject Properties by Developer or any agent of or contractor hired by, or on behalf of Developer and repair any damage to any public property that may be caused by the activities of Developer or any agent of or contractor hired by, or on behalf of, Developer. 8.2 Liability and Indemnity of City. (a) No liability for City Review. Developer acknowledges and agrees that (i) the City is not, and shall not be, in any way liable for any damages or injuries that may be sustained as the result of the City's review and approval of any plans or improvements or as a result of the issuance of any approvals, permits, certificates, or acceptances for the development or use of any portion of the Subject Properties or the improvements and (ii) the City's review and approval of any plans and the issuance of any approvals, permits, certificates, or acceptances does not, and shall not, in any way be deemed to insure Developer, or any of its successors, assigns, tenants, or licensees, or any third party, against violations or damage or injury of any kind at any time. (b) Hold Harmless and Indemnification. Developer shall hold harmless the City, and all of its elected and appointed officials, employees, agents, representatives, engineers, consultants, and attorneys from any and all claims that may asserted at any time against any of such parties in connection with (i) the City's review and approval of any plans or improvements or (ii) the City's issuance of any approval, permit or certificate. The foregoing provision, however, shall not apply to claims made against the City as a result of a City event of default under this Agreement, 13 claims that are made against the City that relate to one or more of the City's representations, warranties, or covenants under Article 5 and claims that the City, either pursuant to the terms of this Agreement or otherwise explicitly has agreed to assume. (c) Defense Expenses. Developer shall pay all expenses, including legal fees and administrative expenses, incurred by the City in defending itself with regard to any and all of the claims identified in the first sentence of Subsection (b) above. The City agrees that upon a successor becoming bound to the obligations created herein in the manner provided herein and providing the financial assurances required herein, the liability of Developer shall be released to the extent of the transferee's assumption of such liability. 8.6 No Implied Waiver of City Rights. The City shall be under no obligation to exercise rights granted to it in this Agreement except as it shall determine to be in its best interest from time to time. Except to the extent embodied in a duly authorized and written waiver of the City, no failure to exercise at any time any right granted herein to the City shall be construed as a waiver of that or any other right. 8.7 Force Majeure. Time is of the essence of this Agreement, provided, however, a party shall not be deemed in material breach of this Agreement with respect to any of its obligations under this Agreement on such party’s part to be performed if such party fails to timely perform the same and such failure is due in whole or in part to any strike, lock-out, labor trouble (whether legal or illegal), civil disorder, weather conditions, failure or interruptions of power, restrictive governmental laws and regulations, condemnations, riots, insurrections, acts of terrorism, war, fuel shortages, accidents, casualties, floods, earthquakes, fires, acts of Gods, epidemics, quarantine restrictions, freight embargoes, acts caused directly or indirectly by the other party (or the other party’s agents, employees or invitees) or similar causes beyond the reasonable control of such party (“Force Majeure”). If one of the foregoing events shall occur or either party shall claim that such an event shall have occurred, the party to whom such claim is made shall investigate same and consult with the party making such claim regarding the same and the party to whom such claim is made shall grant any extension for the performance of the unsatisfied obligation equal to the period of the delay, which period shall commence to run from the time of the commencement of the Force Majeure; provided that the failure of performance was reasonably caused by such Force Majeure. ARTICLE 9. TERM Term. This Agreement shall be in full force and effect upon its execution by the parties and terminate December 31, 2041. ARTICLE 10. NOTICES 10.1 Notices. All notices and other communications in connection with this Agreement shall be in writing and shall be deemed delivered to the addressee thereof (a) when delivered in person on a business day at the address set forth below, or (b) on the third business day after being deposited in any main or branch United States post office, for delivery by properly addressed, postage prepaid, certified or registered mail, return receipt requested, at the address set forth 14 below, or (c) by facsimile or email transmission, when transmitted to either the facsimile telephone number or email address set forth below, when actually received. Notices and communications to Developer shall be addressed to, and delivered at, the following addresses: With a copy to: KCJ Restoration, LLC Daniel Kramer ______________________ 1107 South Bridge Street, Suite A ______________________ Yorkville, Illinois 60560 15 Notices and communications to the City shall be addressed to and delivered at these addresses: With a copy to: United City of Yorkville Kathleen Field Orr 800 Game Farm Road Kathleen Field Orr & Associates Yorkville, Illinois 60560 2024 Hickory Road, Suite 205 Homewood, Illinois 60430 By notice complying with the requirements of this Section, each party shall have the right to change the address or addressee, or both, for all future notices and communications to such party, but no notice of a change of address or addressee shall be effective until actually received. ARTICLE 11. IN GENERAL 11.1 Amendments and Waiver. No modification, addition, deletion, revision, alteration, or other change to this Agreement shall be effective unless and until the change is reduced to writing and executed and delivered by the City and the Developer. No term or condition of this Agreement shall be deemed waived by any party unless the term or condition to be waived, the circumstances giving rise to the waiver and, where applicable, the conditions and limitations on the waiver are set forth specifically in a duly authorized and written waiver of such party. No waiver by any party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition of this Agreement, nor shall waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or different provisions of this Agreement. 11.2 No Third Party Beneficiaries. No claim as a third party beneficiary under this Agreement by any person, firm, or corporation shall be made, or be valid, against the City or Developer. 11.3 Entire Agreement. This Agreement shall constitute the entire agreement of the Parties; all prior agreements between the Parties, whether written or oral, are merged into this Agreement and shall be of no force and effect. 11.4 Counterparts. This Agreement is to be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below their respective signatures, to be effective as of the Effective Date. United City of Yorkville Attest: By: __________________________ By: _____________________________ Mayor City Clerk Date: ___________________, 2019 KCJ Restoration, LLC By: __________________________ Its President 17 Exhibit A Legal Description 18 19 Exhibit B List of permitted uses within the B-1 zoning district  Multi-family dwelling above first for business or live work space with maximum of two apartments  College, junior college  Library  Religious institution  Advertising Agency  Antique Sales  Bakery  Bank  Beauty/Barber Shop  Bookkeeping Services  Boat Sales  Bookstore  Clothes-Pressing and Repair  Private Club  Coffee Shop  Commercial Laboratory  Trade school  Detective Agency  Dressmaker  Dry Cleaning  Employment Office  Funeral Home  Grocery Store  Liquor Store  Massage Establishment  Medical Clinic  Microbrewery  Pawnbrokers  Photography  Post Office  Professional Services  Radio and Television Studio  Recreation Center  Resale Dealers  Restaurant  Retail Store  Shoe Repair  Tattoo Establishment  Treatment Center 20 Exhibit C Potential new parking spaces 21 Exhibit D Boundaries of historic portion of building 22 Exhibit E Request for Reimbursement United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Redevelopment Agreement, dated ___________________________, by and between the United City of Yorkville, Kendall County, Illinois, and KCJ Restoration, LLC (“Developer”) Dear Sir: You are requested to disburse funds from the Old Jail Sub-Account pursuant to the Redevelopment Agreement described above in the amount(s), and for the purpose(s) set forth in this Request for Reimbursement. The terms used in this Request for Reimbursement shall have the meanings given to those terms in the Redevelopment Agreement. 1. Amount to be Disbursed: $ ___________________ 2. The amount requested to be disbursed pursuant to this Request for Reimbursement will be used to reimburse the Developer for eligible Redevelopment Project Costs. 3. The undersigned certifies that: (i) the amounts included in 1 above were necessary for the Project and were made or incurred in accordance with the construction contracts, plans and specifications heretofore in effect; (ii) the amounts paid or to be paid, as set forth in this Request for Reimbursement, represent a part of the funds due and payable for Redevelopment Project Costs; (iii) the moneys requisitioned are not greater than those necessary to meet obligations due and payable or to reimburse the Developer for its funds actually advanced for Redevelopment Project Costs; (iv) the amount of Redevelopment Project Costs to be reimbursed in accordance with this Request for Reimbursement, together with all amounts reimbursed to the Developer pursuant to the Agreement, is not in excess of $150,000.00. (v) the Developer is not in default under the Redevelopment Agreement and nothing has occurred to the knowledge of the Developer that would prevent the performance of its obligations under the Redevelopment Agreement. 4. Attached to this Request for Reimbursement are copies of invoices or bills of sale and Mechanic’s Lien Waivers for the Project. Date: By: KCJ Restoration, LLC ______________________________________________ Its President APPROVED: United City of Yorkville, an Illinois municipal corporation Date: ___________________________________ S Main StW Madison St W Van Emmon St JAIL PROPERTY OLSON/KENDALL COUNTY PROPERTY 3 Potential New Spaces (Angled) 3 Potential New Spaces (Angled) 4 Potential New Spaces (Parallel) 4 Potential New Spaces (Parallel) 0 50 100 150 200 25025 Feet United City of Yorkville, Illinois COUNTY JAIL ADDITIONAL POTENTIAL PARKING ADDRESS: 800 Game Farm Road, Yorkville Illinois DATA: All permit data and geographic data are property of the United City of Yorkville LOCATION: (I:)//Community Development/Jail Map.pdf DATE: August 6, 2019 25’ 37’ 32’ 7’73’ 30’ 37’ BREEZEWAYADDITION 350 SQ. FT. RESIDENTIALADDITION 925 SQ. FT.7’ 7’ HISTORIC JAIL 2,300 SQ. FT.S Main StW Madison St W Van Emmon St OLD COUNTY JAIL | Approximate Distances and Building Footprint Areas