Loading...
Ordinance 2021-12 STATE OF ILLINOIS COUNTY OF KENDALL - FILED - MAY 2 7 2021 COUNTY CLERK Aai KENDALL COUNTY UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2021-12 AN ORDINANCE authorizing and providing for the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2021, of the United City of Yorkville, Kendall County, Illinois, in the aggregate principal amount of $8,250,000, for the purposes of acquiring the real property located within the City at 651 Prairie Pointe Drive and the vacant Lot 2 adjacent thereto, converting the existing building at 651 Prairie Pointe Drive into a new Yorkville City Hall and acquiring fixtures, furnishings and equipment for use therein, constructing and repairing roads, and renovating and repurposing the existing Yorkville City Hall, prescribing all the details of said bonds and providing for the imposition of taxes to pay principal of and interest on such bonds Adopted by the City Council on the I I'day of May,2021 ORDINANCE No.2021-12 AN ORDINANCE authorizing and providing for the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2021, of the United City of Yorkville, Kendall County, Illinois, in the aggregate principal amount of$8,250,000, for the purposes of acquiring the real property located within the City at 651 Prairie Pointe Drive and the vacant Lot 2 adjacent thereto, converting the existing building at 651 Prairie Pointe Drive into a new Yorkville City Hall and acquiring fixtures, furnishings and equipment for use therein, constructing and repairing roads, and renovating and repurposing the existing Yorkville City Hall, prescribing all the details of said bonds and providing for the imposition of taxes to pay principal of and interest on such bonds. WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized and existing municipality incorporated and existing under the provisions of the laws of the State of Illinois, is now operating under the provisions of the Illinois Municipal Code, as amended (the "Code"), and all laws amendatory thereof and supplementary thereto, including the Local Government Debt Reform Act, 30 Illinois Compiled Statues 350 (the "Debt Reform Act"); and WHEREAS,the City by its City Council (the "Corporate Authorities")has determined that it is advisable, necessary and in the best interests of the City to finance the following capital projects (hereinafter collectively referred to as the "Project'): (i) the acquisition of the real property located within the City at 651 Prairie Pointe Drive and the vacant Lot 2 adjacent thereto; (ii) the conversion of the existing building at 651 Prairie Pointe Drive into a new Yorkville City Hall and the acquisition of fixtures, furnishings and equipment for use therein; (iii) the construction and repair of roads; and (iv) the renovation and repurposing of the existing Yorkville City Hall at 800 Game Farm Road; and WHEREAS, the costs of the Project, including, without limitation, legal, financial, bond registrar and other related banking fees, printing and publication costs and other expenses and costs, are estimated by the Corporate Authorities to be not more than $8,250,000, but the City does not currently have sufficient funds on hand and lawfully available to pay such costs, nor does it expect to have sufficient funds on hand and lawfully available to pay such costs; and WHEREAS, pursuant to the provisions of Section 15 of the Debt Reform Act, whenever there exists a revenue source(as defined in the Debt Reform Act)for the City,the City may issue its "Alternate Bonds", being general obligation bonds of the City payable from such revenue source; and WHEREAS, for the purpose of providing funds to pay the costs of the Project and in accordance with the provisions of Section 15 of the Debt Reform Act, the Corporate Authorities, on the 24t' day of November, 2020, adopted Ordinance No. 2020-56 (the "Authorizing Ordinance"), authorizing the issuance of its general obligation alternate revenue bonds, as provided in the Debt Reform Act, in an aggregate principal amount not to exceed$8,250,000 and payable from (i) all collections distributed to the City from those taxes imposed by the City pursuant to the Non-Home Rule Municipal Retailers' Occupation Tax Act and the Non-Home Rule Municipal Service Occupation Tax Act, each as supplemented and amended from time to time, or substitute taxes therefor as provided by the State of Illinois or the City in the future, and (ii) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose (collectively, the "Pledged Revenues"), and, if the Pledged Revenues are insufficient to pay such bonds, payable also from ad valorem property taxes upon all taxable property in the City without limitation as to rate or amount(the"Pledged Taxes"); and -2- WHEREAS, on the 27d' day of November, 2020, a notice of the adoption of the Authorizing Ordinance (the "Notice"), in statutory form, was published in the Aurora Beacon- News, the same being a newspaper of general circulation in the City, and an affidavit evidencing the publication of the Notice has heretofore been presented to the Corporate Authorities and made a part of the permanent records of the City; and WHEREAS, on the 2nd day of December, 2020, the Authorizing Ordinance was published in the Aurora Beacon-News, the same being a newspaper of general circulation in the City, and an affidavit evidencing the publication of the Authorizing Ordinance has heretofore been presented to the Corporate Authorities and made a part of the permanent records of the City; and WHEREAS, more than thirty (30) days have expired since the date of publication of the Authorizing Ordinance and the Notice, and no petitions with the requisite number of valid signatures thereon have been filed with the City Clerk requesting that the question of the issuance of the alternate revenue bonds be submitted to referendum; and WHEREAS, pursuant to and in accordance with the provisions of the Bond Issue Notification Act of the State of Illinois, the Corporate Authorities, on the 24' day of November, 2020, adopted Ordinance No. 2020-55, calling a public hearing (the "Hearing")for the 8d'day of December, 2020, concerning the intent of the Corporate Authorities to sell not to exceed $8,250,000 General Obligation Alternate Revenue Bonds; and WHEREAS, notice of the Hearing was given (i) by publication at least once not less than seven (7) nor more than thirty (30) days before the date of the Hearing in the Aurora Beacon- News, the same being a newspaper of general circulation in the City, and (ii) by posting at least forty-eight (48) hours before the Hearing a copy of said notice at the principal office of the Corporate Authorities; and -3- WHEREAS, the Hearing was opened on the 8t'day of December, 2020, and at the Hearing, the Corporate Authorities explained the reasons for the proposed bond issue and permitted persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits; and WHEREAS, the Hearing was finally adjourned on the 8t' day of December, 2020, and not less than seven(7)days have passed since the final adjournment of the Hearing; and WHEREAS, the Project constitutes a lawful corporate purpose within the meaning of the Debt Reform Act; and WHEREAS,the Bonds will be payable from the Pledged Revenues and the Pledged Taxes; and WHEREAS,pursuant to and in accordance with the provisions of the Debt Reform Act,the City is authorized to issue its General Obligation Bonds (Alternate Revenue Source), Series 2021 (the "Bonds") in the aggregate principal amount of $8,250,000 for the purpose of providing funds to pay the costs of the Project and all related costs and expenses incidental thereto, and the Corporate Authorities hereby determine that it is necessary and desirable that the Bonds be issued in the aggregate principal amount of$8,250,000; and WHEREAS, the Bonds will be issued on a parity with the Series 2011 Bonds (as hereinafter defined), and will be secured ratably and equally by the Pledged Revenues with such Series 2011 Bonds; WHEREAS, the Series 2011 Bonds were issued pursuant to the Series 2011 Bond Ordinance (as hereinafter defined), in which the City expressly reserved the right to issue "Additional Bonds"as therein defined,provided that certain conditions are met; and -4- WHEREAS, the Corporate Authorities have heretofore and it is hereby determined that the Pledged Revenues will be sufficient to provide or pay in each year to the final maturity of the Bonds all of the following: (i) debt service on all outstanding revenue bonds, if any, payable from the Pledged Revenues, and(ii) in each year, an amount not less than 1.10 times debt service of the Series 2011 Bonds and the Bonds proposed to be issued pursuant to this Ordinance; and WHEREAS, such determination of the sufficiency of the Pledged Revenues is supported by reference to the report dated the date hereof(the "Report"), of Speer Financial, Inc., Chicago, Illinois ("Speer"),which Report has been presented to and accepted by the Corporate Authorities and is now on file with the City Clerk; and WHEREAS, the Property Tax Extension Limitation Law of the State of Illinois, as amended ("PTELL"), imposes certain limitations on the "aggregate extension" of certain property taxes levied by the City, but provides that the definition of "aggregate extension" contained in PTELL does not include extensions made for any taxing district subject to PTELL to pay interest or principal on bonds issued under Section 15 of the Debt Reform Act; and WHEREAS, the County Clerk of the County of Kendall, Illinois is therefore authorized to extend and collect said property taxes so levied for the payment of the Bonds, as alternate bonds, without limitation as to rate or amount; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AS FOLLOWS: Section 1. Definitions The following words and terms used in this Ordinance shall have the following meanings unless the context or use clearly indicates another or different meaning is intended: -5- "Act" means the Local Government Debt Reform Act of the State of Illinois, as amended. "Additional Bonds" means any alternate bonds to be issued subsequent in time to the Bonds in accordance with the provisions of the Act on a parity with and sharing ratably and equally in the Pledged Revenues with the Bonds and the Series 2011 Bonds. "Alternate Bond and Interest Account (2021)" means the Alternate Bond and Interest Account(2021)established hereunder and further described by Section 13 of this Ordinance. "Bond" or "Bonds" means one or more, as applicable, of the $8,250,000 General Obligation Bonds (Alternate Revenue Source), Series 2021, authorized to be issued by the City pursuant to this Ordinance. "Bond Fund" means the 2021 Alternate Bond Fund established hereunder and further described in Section 15 of this Resolution. "Bond Register" means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bonds. "Bond Registrar" means Amalgamated Bank of Chicago, Chicago, Illinois, a bank or trust company having trust powers, or a successor thereto or a successor designated as Bond Registrar hereunder. "City"means the United City of Yorkville,Kendall County, Illinois. "Clerk"means the Clerk of the City. "Code"means the Internal Revenue Code of 1986, as amended. "Corporate Authorities"means the City Council of the City. "County Clerk"means the County Clerk of the County of Kendall,Illinois. -6- "Depository" means The Depository Trust Company, New York, New York, its successors, or a successor depository qualified to clear securities under applicable state and federal laws. "Designated Officers" means the Mayor, the Treasurer, or the Clerk, or any of them acting together, and their respective successors and assigns. "Expense Fund" means the fund established hereunder and further described by Section 11 of this Ordinance. "Fiscal Year" means a twelve-month period beginning May 1 of the calendar year and ending on the next succeeding April 30. "Mayor"means the Mayor of the City. "Notice of Sale" means the notice advertising the sale of the Bonds to potential purchasers. "Ordinance"means this Ordinance,numbered as set forth on the title page hereof,passed by the Corporate Authorities on the 11t'day of May,2021, as supplemented and amended. "Outstanding" when used with reference to the Bonds, the Series 2011 Bonds and the Additional Bonds means such of those bonds which are outstanding and unpaid; provided, however, such term shall not include any of the Bonds, Series 2011 Bonds or the Additional Bonds (i) which have matured and for which moneys are on deposit with proper paying agents, or are otherwise properly available, sufficient to pay all principal and interest thereon, or (ii) the provision for payment of which has been made by the City by the deposit in an irrevocable trust or escrow of funds direct, full faith and credit obligations of the United States of America, the principal and interest of which will be sufficient to pay at maturity or as called for redemption all the principal of and interest and applicable premium, if any, on such Bonds, the Series 2011 Bonds or the Additional Bonds. -7- "Paying Agent" means Amalgamated Bank of Chicago, Chicago, Illinois, a bank or trust company having trust powers, or a successor thereto or a successor designated as Paying Agent hereunder. "Pledged Moneys" means the Pledged Revenues and the Pledged Taxes, as such terms are defined herein. "Pledged Revenues" means, collectively, (i) distributions of sales taxes imposed by the City and collected by the State pursuant to Sections 8-11-1.3 and 8-11-1.4 of the Illinois Municipal Code, as amended (65 ILCS 5/8-11-1, et seq.), consisting of the Non-Home Rule Municipal Retailers Occupation Tax and Non-Home Rule Municipal Service Occupation Tax, each as supplemented and amended from time to time, or substitute taxes therefor as provided by the State or the City in the future, and (ii) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose. "Pledged Taxes" means the ad valorem taxes levied against all the taxable property within the City without limitation as to rate or amount,pledged hereunder by the City as security for the Bonds. "Project" means, collectively, (i) the acquisition of the real property located within the City at 651 Prairie Pointe Drive and the vacant Lot 2 adjacent thereto; (ii) the conversion of the existing building at 651 Prairie Pointe Drive into a new Yorkville City Hall and the acquisition of fixtures, furnishings and equipment for use therein; (iii) the construction and repair of roads; and (iv) the renovation and repurposing of the existing Yorkville City Hall at 800 Game Farm Road. "Project Fund" means the Project Fund established hereunder and further described in Section 11 of this Ordinance. -8- "Purchase Price" means the purchase price paid for the Bonds as hereinafter authorized, to wit, $8,775,011.45. "Purchaser"means Northland Securities, Inc. "Series 2011 Bond Ordinance" means Ordinance Number 2011-59 adopted by the Corporate Authorities on October 25,2011 authorizing the issuance of the Series 2011 Bonds. "Series 2011 Bonds" means the $11,150,000 original aggregate principal amount General Obligation Bonds (Alternate Revenue Source), Series 2011 less any of said bonds that are no longer"Outstanding"hereunder. "State"means the State of Illinois. "Treasurer"means the Treasurer of the City. Section 2. Incorporation of Preambles; Acceptance of Report. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this Ordinance are full, true and correct and do incorporate them into this Ordinance by this reference thereto. The Report is hereby accepted and approved by the Corporate Authorities, and it is hereby found and determined that Speer is a feasibility analyst having a national reputation for expertise in such matters as the Report. Section 3. Determination to Issue Bonds. It is hereby found and determined that it is necessary and in the best interests of the City to borrow money and to issue the Bonds in the amount of$8,250,000 for the purpose of paying for the Project and all related costs and expenses incidental thereto, and that such borrowing of money is necessary for the welfare of the government and affairs of the City, is a public purpose and is in the public interest. Section 4. Bond Details. For the purpose of providing for the payment of the costs of the Project and all related costs and expenses incidental thereto,there shall be issued and sold the Bonds in the principal amount of $8,250,000. The Bonds shall each be designated "General -9- Obligation Bonds (Alternate Revenue Source), Series 2021", shall be dated the date of issuance thereof (such date being the "Dated Date"), and shall also bear the date of authentication thereof, shall be in fully registered form, shall be in denominations of $5,000 each and authorized integral multiples thereof(but no single Bond shall represent installments of principal maturing on more than one date), and shall be numbered 1 and upward.The Bonds shall become due and payable on December 30 of the years and in the amounts and bearing interest at the rates percent per annum as shall be set forth in the following table in the respective principal amount set forth opposite each such year, and the Bonds maturing in each such year shall bear interest at the respective rate per annum set forth opposite such year: Year Amount($) Interest Rate(%) 2022 320,000 4.000 2023 330,000 4.000 2024 345,000 4.000 2025 360,000 4.000 2026 375,000 4.000 2027 390,000 4.000 2028 405,000 4.000 2029 420,000 4.000 2030 435,000 2.000 2031 445,000 2.000 2032 455,000 2.000 2033 465,000 2.000 2034 475,000 2.000 2035 480,000 2.000 2036 490,000 2.000 2037 500,000 2.000 2038 510,000 2.000 2039 520,000 2.000 2040 530,000 2.000 Each Bond shall bear interest from the Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of the Bonds is paid or duly provided for, such interest(computed upon the basis of a 360-day year -10- of twelve 30-day months)being payable semiannually on June 30 and December 30 of each year, commencing on December 30, 2021. Interest on each Bond shall be paid by check or draft of the Paying Agent,payable upon presentation in lawful money of the United States of America,to the person in whose name such Bond is registered at the close of business on the 151' day of the month in which an interest payment date occurs, or as otherwise agreed by the City and the Depository so long as the Bonds remain in book-entry only form as hereinafter provided. The principal of the Bonds shall be payable in lawful money of the United States of America at the principal office maintained for the purpose by the Paying Agent in Chicago, Illinois, or at successor Paying Agent and address. The Bonds shall be signed by the manual or duly authorized facsimile signature of the Mayor, and shall be attested by the manual or duly authorized facsimile signature of the Clerk, and the corporate seal of the City shall be affixed thereto or printed thereon, and in case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shall have thereon a certificate of authentication substantially in the form hereinafter set forth duly executed by the Bond Registrar as authenticating agent of the City for this issue and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The certificate of authentication on any Bond shall be deemed to have been executed by the Bond -11- Registrar if signed by an authorized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued hereunder. Section S. Redemption. The Bonds due December 30, 2022-2029, inclusive, are not subject to optional redemption. The Bonds due December 30, 2030-2040, inclusive, are callable in whole or in part on any date on or after December 30, 2029, at a price of par and accrued interest. If less than all the Bonds are called, they shall be redeemed in such principal amounts and from such maturities as determined by the City and within any maturity by lot. Additional Bonds hereinafter issued pursuant to the terms hereof may be redeemable at such times and upon such terms as may be determined at the time of authorization thereof. Section 6. Redemption Procedure. The City shall, at least forty-five (45) days prior to any optional redemption date (unless a shorter time period shall be satisfactory to the Bond Registrar) notify the Bond Registrar of such redemption date and of the principal amount and maturity or maturities of Bonds to be redeemed. For purposes of any redemption of less than all of the outstanding Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot by the Bond Registrar from the Bonds of such maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate. The Bond Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. Unless waived by any holder of Bonds to be redeemed, notice of the call for any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by first class mail at least thirty (30) days and not more than sixty (60) days prior to the date fixed for redemption to the registered owner of the Bond or Bonds to be redeemed at the -12- address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. All notices of redemption shall state: (1) the redemption date, (2) the redemption price, (3) if less than all outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (4) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, (5) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal corporate trust office of the Bond Registrar, and (6) such other information then required by custom, practice or industry standard. Unless moneys sufficient to pay the redemption price of the Bonds to be redeemed shall have been received by the Bond Registrar prior to the giving of such notice of redemption, such notice may, at the option of the City, state that said redemption shall be conditional upon the receipt of such moneys by the Bond Registrar on or prior to the date fixed for redemption. If such moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Bonds, and the Bond Registrar shall give notice, in the same manner in which the notice of redemption shall have been given, that such moneys were not so received and that such Bonds will not be redeemed. Otherwise,prior to any redemption date,the City shall deposit with -13- the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. Subject to the provisions for a conditional redemption described above, notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. Upon surrender for any partial redemption of any Bond, there shall be prepared for the registered holder a new Bond or Bonds of the same maturity in the amount of the unpaid principal. If any Bond or portion of Bond called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid, bear interest from the redemption date at the rate borne by the Bond or portion of Bond so called for redemption. All Bonds which have been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be reissued. Section 7. Book Entry Provisions; Registration of Bonds; Persons Treated as Owners. A. Book Entry Provisions. The Bonds shall be initially issued in the form of a separate single fully registered Bond for each of the maturities of the Bonds. Upon initial issuance, the ownership of each such Bond shall be registered in the Bond Register in the name of "Cede & Co.", or any successor thereto, as nominee of the Depository. All of the Bonds from time to time shall be registered in the Bond Register in the name of Cede & Co., as nominee of the Depository. The Bond Registrar is authorized to execute and deliver on behalf of the City such -14- letters to or agreements with the Depository as shall be necessary to effectuate such book-entry system (any such letter or agreement being referred to herein as the "Representation Letter"). Without limiting the generality of the authority given with respect to entering into such Representation Letter, it may contain provisions relating to (a)payment procedures, (b) transfers of the Bonds or of beneficial interests therein, (c) redemption notices and procedures unique to the Depository, (d) additional notices or communications, and (e) amendment from time to time to conform with changing customs and practices with respect to securities industry transfer and payment practices. With respect to Bonds registered in the Bond Register in the name of Cede & Co., as nominee of the Depository, the City and the Bond Registrar shall have no responsibility or obligation to any broker-dealer, bank or other financial institution for which the Depository holds Bonds from time to time as securities depository (each such broker-dealer, bank or other financial institution being referred to herein as a "Depository Participant") or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds. Without limiting the meaning of the immediately preceding sentence, the City and the Bond Registrar shall have no responsibility or obligation with respect to (a) the accuracy of the records of the Depository, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (b) the delivery to any Depository Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any notice with respect to the Bonds, including any notice of redemption, or(c)the payment to any Depository Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any amount with respect to principal of or interest on the Bonds. No person other than a registered owner of a Bond as shown in the Bond Register shall receive a Bond certificate with respect to any Bond. Upon delivery by the Depository to the -15- Bond Registrar of written notice to the effect that the Depository has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions hereof with respect to the payment of interest to the registered owners of Bonds at the close of business on the applicable record date, the name "Cede & Co." in this Ordinance shall refer to such new nominee of the Depository. In the event that (a) the City determines that the Depository is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the agreement among the City, the Bond Registrar and the Depository evidenced by the Representation Letter shall be terminated for any reason or(c)the City determines that it is in the best interests of the City or of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Depository and the Depository Participants of the availability of Bond certificates, and the Bonds shall no longer be restricted to being registered in the Bond Register in the name of Cede & Co., as nominee of the Depository. The City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a book-entry system, as may be acceptable to the City, or such depository's agent or designee, and if the City does not select such alternate book-entry system, then the Bonds may be registered in whatever name or names registered owners of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions hereof.Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of the Depository, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. B. Registration of Bonds. The City shall cause the Bond Register as provided in this Ordinance to be kept at the principal office maintained for the purpose by the Bond Registrar in -16- Chicago, Illinois, which is hereby constituted and appointed the registrar of the City for this issue. The City is authorized to prepare, and the Bond Registrar shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Any Bond may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in this Ordinance. Upon surrender for transfer or exchange of any Bond at the principal office maintained for the purpose by the Bond Registrar, duly endorsed by, or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Bond Registrar and duly executed by the registered owner or an attorney for such owner duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee or transferees or, in the case of an exchange, the registered owner, a new fully registered Bond or Bonds of the same maturity of authorized denominations, for a like aggregate principal amount. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond, provided, however, the principal amount of outstanding Bonds of each maturity authenticated by the Bond Registrar shall not exceed the authorized principal amount of Bonds for such maturity less previous retirements. The Bond Registrar shall not be required to transfer or exchange any Bond during the period beginning at the close of business on the fifteenth (150') day of the month in which an interest payment date occurs and ending at the opening of business on such interest payment date, nor to transfer or exchange any Bond after notice calling such Bond for redemption has been mailed, nor during a period of fifteen (15) days next preceding mailing of a notice of redemption of any Bonds. -17- The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or the legal representative of such owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. No service charge shall be made for any transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds except in the case of the issuance of a Bond or Bonds for the unredeemed portion of a Bond surrendered for redemption. Section 8. Form of Bond The Bonds shall be prepared in substantially the following form: -18- (Form of Bond) REGISTERED REGISTERED No. $ UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF KENDALL UNITED CITY OF YORKVILLE GENERAL OBLIGATION BOND(ALTERNATE REVENUE SOURCE), - SERIES 2021 Interest Maturity Dated Rate: % Date: December 30, Date: May—, 2021 CUSIP: Registered Owner: Cede & Co. Principal Amount: $ KNow ALL MEN BY THESE PRESENTS, that the United City of Yorkville, Kendall County, Illinois, a municipality and political subdivision of the State of Illinois (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months)on such Principal Amount from the Dated Date of this Bond or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum set forth above on June 30 and December 30 of each year, commencing December 30, 2021, until said Principal Amount is paid. The principal of this Bond is payable in lawful money of the United States of America upon presentation hereof at the principal office maintained for the purpose by Amalgamated Bank of Chicago, Chicago, Illinois, as paying agent and bond registrar (the "Bond Registrar"). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar. Payment of the installments of interest shall be made to the Registered Owner hereof as shown -19- on the registration books of the City maintained by the Bond Registrar, at the close of business on the 15th day of the month in which an interest payment date occurs and shall be paid by check or draft of the Bond Registrar,payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Bond Registrar, or as otherwise agreed by the City and the Depository so long as the Bonds remain in book-entry only form as hereinafter provided. This bond and the bonds of the series of which it forms a part ("Bond" and "Bonds" respectively) are part of an authorized issue of Eight Million Two Hundred Fifty Thousand Dollars ($8,250,000) of like date and tenor, except as to maturity, rate of interest and privilege of redemption, and are issued pursuant to the Illinois Municipal Code, as amended (the "Municipal Code"), and all laws amendatory thereof and supplementary thereto, and the Local Government Debt Reform Act of the State of Illinois, as amended (the "Act'). The Bonds are issued pursuant to the Act for the purpose of paying the cost of acquiring certain real property located within the City, converting the existing building on such real property into a new City Hall and acquiring fixtures, furnishings and equipment for use therein, constructing and repairing roads, renovating and repurposing the existing City Hall, and paying expenses incidental thereto. The Bonds are issued pursuant to an authorizing ordinance passed by the City Council of the City (the "Corporate Authorities") on the 2401 day of November, 2020 and pursuant to Ordinance No. 2021-_, passed by the Corporate Authorities on the 11th day of May, 2021 (the "Bond Ordinance"), to which reference is hereby expressly made for further definitions and terms and to all the provisions of which the owner by the acceptance of this Bond assents. Under the Municipal Code and the Bond Ordinance, the Pledged Revenues, as defined in the Bond Ordinance, shall be deposited into the Sales Tax Revenue Fund of the City (the -20- "Revenue Fund") and transferred to the Alternate Bond and Interest Account (2021) in amounts sufficient to pay debt service on the Bonds, which Account shall be used only and has been pledged for paying the principal of and interest owed on the Bonds. The City may issue future revenue bonds payable from the Pledged Revenues, which bonds may be issued on a parity with the Bonds, pursuant to the terms of the Bond Ordinance, provided provisions of the Act have been satisfied. The Bonds are payable from (a) (i) moneys deposited to the credit of the Alternate Bond and Interest Account (2021) within the Revenue Fund, said moneys being the distributions of sales taxes imposed by the City and collected by the State of Illinois pursuant to Sections 8-11- 1.3 and 8-11-1.4 of the Municipal Code, consisting of the Non-Home Rule Municipal Retailers Occupation Tax and Non-Home Rule Municipal Service Occupation Tax, each as supplemented and amended from time to time, or substitute taxes therefor as provided by the State of Illinois or the City in the future, and (ii) such other funds of the City as may be necessary and on hand from time to time and lawfully available for such purpose (collectively, the "Pledged Revenues"), and (b) ad valorem taxes levied against all of the taxable property in the City without limitation as to rate or amount (the "Pledged Taxes") (the Pledged Revenues and the Pledged Taxes being collectively called the "Pledged Moneys"), all in accordance with the provisions of the Act and the Municipal Code. The Bonds are issued on a parity with the City's currently outstanding General Obligation Refunding Bonds(Alternate Revenue Source), Series 2011. Under the Act and the Bond Ordinance,the Pledged Revenues shall be deposited into and segregated in the Alternate Bond and Interest Account (2021) of the Revenue Fund, and the Pledged Taxes shall be deposited into and segregated in the Alternate Bond Fund(2021), each as created or continued by the Bond Ordinance. Moneys on deposit in said Account and said Fund -21- shall be used first and are pledged for paying the principal of and interest on the Bonds and then for any further purposes as provided by the terms of the Bond Ordinance. This Bond does not and will not constitute an indebtedness of the City within the meaning of any constitutional provision or limitation,unless the Pledged Taxes shall be extended pursuant to the general obligation, full faith and credit promise supporting the Bonds, in which case the amount of the Bonds then Outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shall show that the Bonds shall have been paid from the Pledged Revenues for a complete Fiscal Year, in accordance with the Act. Additional Bonds payable from the Pledged Revenues may be issued pursuant to the terms of the Bond Ordinance. The Additional Bonds shall share ratably and equally in the Pledged Revenues with the Bonds,provided, however, that no Additional Bonds shall be issued except in accordance with the provisions of the Act. The Bonds due December 30, 2022-2029, inclusive, are not subject to optional redemption. The Bonds due December 30, 2030-2040, inclusive, are callable in whole or in part on any date on or after December 30,2029,at a price of par and accrued interest. This Bond is transferable by the registered owner hereof in person or by his attorney duly authorized in writing at the principal office maintained for the purpose by the Bond Registrar in Chicago, Illinois, but only in the manner, subject to the limitations and upon payment of the charges provided in the Bond Ordinance, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of authorized denominations of the same maturity and for the same aggregate principal amount will be issued to the transferee in exchange therefor. The Bonds are issued in fully registered form in the denomination of $5,000 each or authorized integral multiples thereof. This Bond may be exchanged at the principal office -22- maintained for the purpose by the Bond Registrar for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations, upon the terms set forth in the Bond Ordinance. The City and the Bond Registrar may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. The City has designated the Bonds as qualified tax-exempt obligations to qualify the Bonds for the $10,000,000 exception from the provisions of Section 265(b) of the Internal Revenue Code of 1986 relating to the disallowance of 100%of the deduction for interest expense allocable to tax-exempt obligations. It is hereby certified and recited that all conditions, acts and things required to be done precedent to and in the issuance of this Bond, have existed and have been properly done, happened and been performed in regular and due form and time as required by law; that the indebtedness of the City, represented by the Bonds, does not exceed any limitation imposed by law; and that provision has been made for the collection of the Pledged Revenues, the levy and collection of the Pledged Taxes, and the segregation of the Pledged Moneys to pay the interest hereon as it falls due and also to pay and discharge the principal hereof at maturity; and that the City hereby covenants and agrees that it will properly account for said Pledged Moneys and will comply with all the covenants of and maintain the funds and accounts as provided by the Ordinance. This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. -23- IN WITNESS WHEREOF, said United City of Yorkville, Kendall County, Illinois, by its City Council, has caused this Bond to be signed by the manual or duly authorized facsimile signature of the Mayor of the City and attested by the manual or duly authorized facsimile signature of the Clerk of said City, and its corporate seal to be affixed hereto or printed hereon, all as of the Dated Date identified above. (Facsimile Signature) Mayor (SEAL) Attest: (Facsimile Signature) City Clerk Date of Authentication: , Bond Registrar and Paying Agent: CERTIFICATE Amalgamated Bank of Chicago OF Chicago, Illinois AUTHENTICATION This Bond is one of the Bonds described in the within mentioned ordinance and is one of the General Obligation Bonds (Alternate Revenue Source), Series 2021, of the United City of Yorkville, Kendall County, Illinois. Amalgamated Bank of Chicago, as Bond Registrar By (Manual Signature) Authorized Officer -24- (Assignment) FOR VALUE RECEIVED,the undersigned sells, assigns and transfers unto (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Signature guaranteed: NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. [End of Form of Bond] Section 9. Sale of Bonds. The Designated Officers are hereby authorized to proceed, without any further official authorization or direction whatsoever from the Corporate Authorities, to sell and deliver the Bonds upon the terms as prescribed in this Ordinance and in the Notice of Sale. The Bonds hereby authorized shall be executed as provided in this Ordinance as soon after the passage of this Ordinance as may be determined by the Designated Officers, and, after authentication thereof by the Bond Registrar, shall be delivered to the Purchaser upon payment of the Purchase Price. The Notice of Sale and the contract for sale of the Bonds to the Purchaser is hereby in all respects ratified, approved and confirmed, it being declared that no person holding any office of the City, either by election or appointment under the laws or Constitution of the State, is in any manner financially interested directly in his or her own name or indirectly in the name of any -25- person, association,trust or corporation, in such contract for sale or the performance of any work relating to such contract or the Bonds or the use of the proceeds thereof, the making or letting of which such officer may be called on to act or vote. It being also declared that no such officer represents, either as agent or otherwise,any person, association,trust or corporation, with respect to which any application or bid for any contract or work relating to such contract for sale or the Bonds or the use of the proceeds thereof in regard to which such officer may be called upon to vote. The Designated Officers shall have the authority to sell the Bonds in any event so long as the limitations set forth in this Ordinance and the conditions of this Section shall have been met. Upon the sale of the Bonds, the Designated Officers, individually or together, and any other officers of the City, as shall be appropriate, shall be and are hereby authorized and directed to approve or execute, or both, such documentation of sale of the Bonds as may be necessary, including, without limitation, the Purchase Contract between the City and the Purchaser (the "Purchase Contract"), an Official Statement,the Tax Agreement(as hereinafter defined),the bid form between the City and the Purchaser, and closing documents and certificates. The use and distribution of the preliminary Official Statement relating to the Bonds presented before this meeting is hereby in all respects ratified, confirmed, authorized and approved, and the proposed use by the Purchaser of an Official Statement (in substantially the form of the preliminary Official Statement but with appropriate variations to reflect the final terms of the Bonds) is hereby confirmed, approved and authorized, and each Designated Officer is hereby authorized to execute and deliver said Official Statement. The Designated Officers are hereby authorized to take any action as may be required on the part of the City to consummate the transactions contemplated by this Ordinance, and said final Official Statement, and the Bonds. -26- The selection and retention of Saul Ewing Arnstein & Lehr LLP, Chicago, Illinois, to serve as bond counsel in connection with the issuance of the Bonds is hereby ratified, confirmed and approved. Nothing in this Ordinance shall require the Designated Officers to sell the Bonds or to cause the abatement of any taxes levied pursuant hereto if, in their judgment, the conditions of the Purchase Contract have not been met or if the conditions in the bond markets have markedly deteriorated from the time of adoption hereof, but the Designated Officers shall have the authority to sell the Bonds in any event so long as the limitations set forth in this Ordinance and the conditions of this Section shall have been met. Section 10. Treatment of Bonds as Debt. The Bonds shall be payable from the Pledged Moneys and shall not constitute an indebtedness of the City within the meaning of any constitutional provision or limitation, unless the Pledged Taxes shall be extended pursuant to the general obligation, full faith and credit promise supporting the Bonds, as set forth herein, in which case the amount of the Bonds then Outstanding shall be included in the computation of indebtedness of the City for purposes of all statutory provisions or limitations until such time as an audit of the City shall show that the Bonds shall be been paid from the Pledged Revenues for a complete Fiscal Year, in accordance with the Act. Section 11. Use of Bond Proceeds. The proceeds derived from the sale of the Bonds shall be used as follows: (a) Accrued interest, if any, received by the City upon the sale of the Bonds shall be remitted by the Treasurer for deposit into the Alternate Bond and Interest Account (2021), and used to pay first interest coming due on the Bonds. (b) The City shall then allocate from the Bond proceeds, along with any premium received by the City upon the sale of the Bonds, the sum necessary for expenses -27- incurred in the issuance of the Bonds which shall be deposited into an "Expense Fund" to be maintained by the Treasurer and disbursed for such issuance expenses from time to time in accordance with usual City procedures for the disbursement of funds, which disbursements are hereby expressly authorized.Moneys not disbursed from the Expense Fund within six(6)months shall be transferred by the City for deposit into the Project Fund, and any deficiencies in the Expense Fund shall be paid by disbursement from the Project Fund. (c) The remaining Bond proceeds shall be set aside in a separate fund hereby created and designated as the "Project Fund" (the "Project Fund"),which the City shall maintain as a separate and segregated account. Moneys in said fund shall be withdrawn and disbursed by the City from time to time as needed for the payment of costs of the Project, and paying the fees and expenses incidental thereto not paid out of the Expense Fund. (d) Funds on deposit in the Project Fund may be invested by the Treasurer in any lawful manner. All investment earnings in the Project Fund shall first be reserved and transferred to such other account as and to the extent necessary to pay any "excess arbitrage profits" or "penalty in lieu of rebate" under Section 148 of the Code to maintain the tax-exempt status of the Bonds, and the remainder shall be retained in the Project Fund and for payment of costs of the Project. (e) If the Project has been completed and accepted, the engineer or architect or City officer in responsible charge of the Project shall certify to the Corporate Authorities the fact that the work has been completed and accepted, and upon approval of such certification by the Corporate Authorities, funds (if any) remaining in the Project Fund shall be credited by the Treasurer to the Bond Fund for payment of the Bonds; and the Project Fund shall be closed. Section 12. Sales Tax Revenue Fund. All of the Pledged Revenues shall be set aside as collected and be deposited into the "Sales Tax Revenue Fund" (the "Revenue Fund") of the City -28- created by the Series 2011 Bond Ordinance. The Pledged Revenues shall be immediately deposited upon receipt by the City into the Revenue Fund. Section 13. Flow of Funds. The Series 2011 Bond Ordinance created two separate accounts in the Revenue Fund known as the Alternate Bond and Interest Account(2011) and the Surplus Account. There shall be and there is hereby created an additional separate account in the Revenue Fund to be known as the Alternate Bond and Interest Account (2021). There shall be credited to the Alternate Bond and Interest Account (2011), the Alternate Bond and Interest Account (2021) and the Surplus Account on or before the first day of each month by the financial officer of the City, without any further official action or direction, in the order in which said accounts are hereinafter mentioned, all moneys held in the Revenue Fund, in accordance with the following provisions: (a) Alternate Bond and Interest Account (2011). Pursuant to the Series 2011 Bond Ordinance, all moneys in the Revenue Fund shall be credited first to a separate and segregated account thereby created and designated the "Alternate Bond and Interest Account (2011)" of the Revenue Fund (the "Alternate Bond and Interest Account (2011)"), as follows. There shall be paid into the Alternate Bond and Interest Account (2011) in each month the amount of the interest becoming due on the next succeeding interest payment date on the Outstanding Series 2011 Bonds and the amount of the principal becoming due on the next succeeding principal maturity date or mandatory sinking fund redemption date of the Outstanding Series 2011 Bonds until there shall have been accumulated in the Alternate Bond and Interest Account (2011) on or before the month preceding such payment date of interest or principal, an amount sufficient to pay such principal or interest, or both, of the Outstanding Series 2011 Bonds on such next succeeding payment date. All moneys in said Account shall be -29- used only for the purpose of paying interest on and principal of the Outstanding Series 2011 Bonds and any Additional Bonds. (b) Alternate Bond and Interest Account (2021). Any funds remaining in the Revenue Fund after making the aforesaid deposits to the credit of the Alternate Bond and Interest Account (2011), shall be transferred to a separate and segregated account hereby created and designated the "Alternate Bond and Interest Account (2021)" of the Revenue Fund (the "Alternate Bond and Interest Account(2021)"), as follows. There shall be paid into the Alternate Bond and Interest Account(2021) in each month the amount of the interest becoming due on the next succeeding interest payment date on the Outstanding Bonds and the amount of the principal becoming due on the next succeeding principal maturity date of the Outstanding Bonds until there shall have been accumulated in the Alternate Bond and Interest Account (2021) on or before the month preceding such payment date of interest or principal, an amount sufficient to pay such principal or interest, or both, of the Outstanding Bonds on such next succeeding payment date. All moneys in said Account shall be used only for the purpose of paying interest on and principal of the Outstanding Bonds and any Additional Bonds. (c) Surplus Account. Any funds remaining in the Revenue Fund after making the aforesaid deposits to the credit of the Alternate Bond and Interest Account (2011) and the Alternate Bond and Interest Account (2021), shall be transferred to a separate and segregated account created by the Series 2011 Bond Ordinance and designated the "Surplus Account" of the Revenue Fund (the "Surplus Account'). Amounts in the Surplus Account shall be used, first, to make up any subsequent deficiencies in the Alternate Bond and Interest Account (2011) and the Alternate Bond and Interest Account (2021); and then, for the remainder of all surplus Pledged Revenues, at the discretion of the Corporate Authorities, for one or more of the following purposes without any priority among them: -30- 1. For the purpose of calling and redeeming the Outstanding Series 2011 Bonds and the Outstanding Bonds payable from the Pledged Revenues which are callable at the time; or 2. For the purpose of purchasing the Outstanding Series 2011 Bonds and the Outstanding Bonds payable from the Pledged Revenues. (d) Release of Pledged Revenues. After there has been accumulated in the Surplus Account an amount equal to 100% of the principal of and interest to accrue on the Outstanding Series 2011 Bonds and the Outstanding Bonds for the next succeeding Bond Year (June 30 and December 30), any remaining Pledged Revenues, may be released at the discretion of the Corporate Authorities and used for any lawful public purpose. (e) Investment of Revenue Fund. Money to the credit of the Revenue Fund may be invested pursuant to any authorization granted to municipal corporations by Illinois statute or court decision. Section 14. Account Excesses. Any amounts to the credit of the accounts created by the Series 2011 Bond Ordinance and this Ordinance in excess of the then current requirements therefor may be transferred at any time by the Corporate Authorities to such other account or accounts of the Revenue Fund as it may in its sole discretion designate. Section 15. 2021 Alternate Bond Fund. There is hereby created a special fund of the City, which fund shall be held by the Paying Agent separate and apart from all other funds and accounts of the City and shall be known as the "2021 Alternate Bond Fund" (the "Bond Fund"). The purpose of the Bond Fund is to provide a fund to receive and disburse the Pledged Taxes for any (or all) of the Bonds. The Bond Fund constitutes a trust fund established for the purpose of carrying out the covenants, terms and conditions imposed upon the City by this Ordinance. Any Pledged Taxes received by the City shall promptly be deposited into the Bond Fund. -31- Section 16. Pledged Taxes; Tax Levy. For the purpose of providing additional funds required to pay the interest and principal on the Bonds promptly when and as the same falls due, and to pay and discharge the principal thereof at maturity, and as provided in Section 15 of the Act,there is hereby levied upon all of the taxable property within the City, in the years for which any of the Bonds are outstanding, a direct annual tax sufficient for that purpose; and there be and there hereby is hereby levied on all of the taxable property in the City the following direct annual taxes(the"Pledged Taxes"): An Amount Sufficient Year ofLevy to Produce the Sum of 2021 543,900 for principal and interest 2022 541,100 for principal and interest 2023 542,900 for principal and interest 2024 544,100 for principal and interest 2025 544,700 for principal and interest 2026 544,700 for principal and interest 2027 544,100 for principal and interest 2028 542,900 for principal and interest 2029 541,100 for principal and interest 2030 542,400 for principal and interest 2031 543,500 for principal and interest 2032 544,400 for principal and interest 2033 545,100 for principal and interest 2034 540,600 for principal and interest 2035 541,000 for principal and interest 2036 541,200 for principal and interest 2037 541,200 for principal and interest 2038 541,000 for principal and interest 2039 540,600 for principal and interest These taxes shall be in addition to and in excess of all other taxes levied by the City. Following any extension of Pledged Taxes, interest or principal coming due at any time when there are insufficient funds on hand from the Pledged Taxes to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of the Pledged Taxes herein pledged and levied; and when the Pledged Taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced. -32- The City covenants and agrees with the Purchaser and registered owners of the Bonds that so long as any of the Bonds remain outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to collect the Pledged Revenues or to levy and collect the Pledged Taxes. The City and its officers will comply with all present and future applicable laws in order to assure that the Pledged Revenues will be available and that the Pledged Taxes will be levied, extended and collected as provided herein, and deposited into the Bond Fund. Section 17. Filing with County Clerk. Promptly, as soon as this Ordinance becomes effective, a copy of this Ordinance, as certified by the City Clerk, shall be filed with the County Clerk; and said County Clerk shall in and for each of the levy years required ascertain the rate percent required to produce the aggregate Pledged Taxes hereinbefore provided to be levied in each of said years; and said County Clerk shall extend the same for collection on the tax books in connection with other taxes levied in said years in and by the City for general corporate purposes of the City; and the County Clerk, or other appropriate officer or designee, shall remit the Pledged Taxes for deposit to the credit of the Bond Fund, and in said years the Pledged Taxes shall be levied and collected by and for and on behalf of the City in like manner as taxes for general corporate purposes for said years are levied and collected, and in addition to and in excess of all other taxes. The Pledged Taxes are hereby irrevocably pledged to and shall be used only for the purpose of paying principal of and interest on the Bonds. It is hereby expressly provided that in the event there shall be moneys both to the credit of the Alternate Bond and Interest Account (2021) and the Bond Fund, the Bond Fund shall be fully depleted before moneys to the credit of the Alternate Bond and Interest Account (2021) shall be used to pay principal of and interest on the Bonds. -33- Section 18. Abatement of Pledged Taxes. As provided in the Act, whenever the Pledged Revenues shall have been determined by the Treasurer to provide in any calendar year an amount not less than 1.10 times debt service of all outstanding Bonds in the next succeeding Bond Year (June 30 and December 30) and whenever monies have been deposited to the credit of the Alternate Bond and Interest Account(2021) in an amount sufficient to pay debt service on all Outstanding Bonds in the next succeeding bond year, the Treasurer shall,prior to the time the Pledged Taxes levied in such calendar year are extended, direct the abatement of the Pledged Taxes, and proper notification of such abatement shall be filed with the County Clerk in a timely manner to effect such abatement.Section 19. Additional Bonds and Subordinate Bonds. The City reserves the right to issue Additional Bonds from time to time payable from the Pledged Revenues, and any such Additional Bonds shall share ratably and equally in the Pledged Revenues with the Bonds; provided, however, that no Additional Bonds shall be issued except in accordance with the provisions of the Act as the Act is written at this time and demonstrating that the coverage required under the Act for the issuance of alternate bonds payable from the Pledged Revenues shall have been met for the Outstanding Bonds. The City also reserves the right to issue revenue bonds from time to time payable from the Pledged Revenues that are subordinate to the Series 2011 Bonds and Bonds or Additional Bonds and are payable from the money remaining in the Surplus Account after making required deposits into the Alternate Bond and Interest Account(2011)and the Alternate Bond and Interest Account(2021). Section 20. General Covenants. The City covenants and agrees with the owners of the Outstanding Bonds, so long as there are any Outstanding Bonds, as follows: A. The City hereby pledges the Pledged Revenues to the payment of the Bonds, and the Corporate Authorities covenants and agrees to provide for, collect and apply the -34- Pledged Revenues to the payment of the Series 2011 Bonds and the Bonds, and the provision of not less than an additional 0.10 times debt service on the Series 2011 Bonds and the Bonds, all in accordance with Section 15 of the Act. The determination of the sufficiency of the Pledged Revenues pursuant to this subsection (A) shall be supported by reference to the annual audit of the City and acceptance of said audit by the Corporate Authorities shall be conclusive evidence that the conditions of Section 15 of the Act have been met. B. The City will punctually pay or cause to be paid from the Alternate Bond and Interest Account (2021) and from the Bond Fund the principal of, interest on and premium, if any, to become due in respect to the Bonds in strict conformity with the terms of the Bonds and this Ordinance, and it will faithfully observe and perform all of the conditions, covenants and requirements thereof and hereof. C. The City will pay and discharge, or cause to be paid and discharged, from the Alternate Bond and Interest Account (2021) and the Bond Fund any and all lawful claims which, if unpaid, might become a lien or charge upon the Pledged Moneys, or any part thereof, or upon any funds in the hands of the Paying Agent, or which might impair the security of the Bonds.Nothing herein contained shall require the City to make any such payment so long as the City in good faith shall contest the validity of said claims. D. The City will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the City, the Pledged Revenues, related Pledged Taxes, the Alternate Bond and Interest Account (2021) and the Bond Fund. Such books of record and accounts shall at all times during business hours be subject to the inspection of the registered owners of not less than ten percent (10%) of the principal amount of the Outstanding Bonds or their representatives authorized in writing. -35- E. The City will preserve and protect the security of the Bonds and the rights of the registered owners of the Bonds, and will warrant and defend their rights against all claims and demands of all persons. From and after the sale and delivery of any of the Bonds by the City, the Bonds shall be incontestable by the City. F. The City will adopt, make, execute and deliver any and all such further ordinances, resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention of, or to facilitate the performance of, the Series 2011 Bond Ordinance and this Ordinance, and for the better assuring and confirming unto the registered owners of the Bonds of the rights and benefits provided in this Ordinance. G. As long as any Bonds are Outstanding, the City will continue to deposit the Pledged Revenues from the Revenue Fund to the Alternate Bond and Interest Account(2021) and, if necessary, the Pledged Taxes to the Bond Fund. The City covenants and agrees with the purchasers of the Bonds and with the registered owners thereof that so long as any Bonds remain Outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy the Pledged Taxes and to collect and to segregate the Pledged Moneys. The City and its officers will comply with all present and future applicable laws in order to assure that the Pledged Taxes can be levied and extended and that the Pledged Revenues and the Pledged Taxes may be collected and deposited to the Alternate Bond and Interest Account(2021)and the Bond Fund,respectively, as provided herein. H. Once issued, the Bonds shall be and forever remain until paid or defeased the general obligation of the City, for the payment of which its full faith and credit are pledged, and shall be payable, in addition to the Pledged Revenues, from the levy of the Pledged Taxes as provided in the Act. -36- I. Within six (6) months following the close of each Fiscal Year, the City will cause the accounts created hereunder to be audited by independent certified public accountants in accordance with appropriate audit standards. Said audit will be available for inspection by the holders of any of the Bonds. Section 21. Defeasance. Any Bond which (a) is paid and cancelled, (b) which has matured and for which sufficient sums been deposited with the Bond Registrar to pay all principal and interest due thereon, or (c) for which sufficient United States of America dollars and direct United States Treasury obligations have been deposited with the Bond Registrar or similar institution to pay, taking into account investment earnings on such obligations, all principal of and interest on the Bond when due at maturity or as called for redemption, if applicable, pursuant to an irrevocable escrow or trust agreement, shall cease to have any lien on or right to receive or be paid from the Pledged Revenues or the Pledged Taxes and shall no longer have the benefits of any covenant for the registered owner of the outstanding Bond as set forth herein as such relates to lien and security of the outstanding Bond in the Pledged Revenues or the Pledged Taxes. All covenants relative to the tax-exempt status of the Bond; and payment, registration,transfer, and exchange, are expressly continued for the Bond whether an outstanding Bond or not. Section 22. Continuing Disclosure Undertaking. Any Designated Officer is hereby authorized to execute and deliver a Continuing Disclosure Undertaking, in customary form as approved by Bond Counsel and approved by the City Attorney, to effect compliance with Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended. When such Continuing Disclosure Undertaking is executed and delivered on behalf of the City, it will be binding on the City and the officers, agents, and employees of the City, and the same are hereby authorized and directed to do all such acts and -37- things and to execute all such documents as may be necessary to carry out and comply with the provisions of such Continuing Disclosure Undertaking as executed and delivered. Notwithstanding any other provisions hereof, (a) the sole remedies for failure to comply with such Continuing Disclosure Undertaking shall be the ability of the beneficial owner of any Bond to seek mandamus or specific performance by court order, to cause the City to comply with its obligations thereunder, and (b) the failure of the City to comply with the Continuing Disclosure Undertaking shall not be considered an event of default under the Bonds or this Ordinance. Section 23. General Tax Covenants. The City agrees to comply with, and as of the date hereof reasonably expects that it will comply with, all provisions of the Code which, if not complied with by the City, would cause the Bonds not to be tax-exempt. As used herein, "tax- exempt" means, with respect to the Bonds, the status of interest paid and received thereon as not includible in the gross income of the owners thereof under the Code for federal income tax purposes except to the extent that such interest is taken into account in computing an adjustment used in determining the federal alternative minimum tax. It shall not be an event of default under this Ordinance if the interest on any of the Bonds is not tax-exempt pursuant to any provision of the Code which is not currently in effect and in existence on the date of the issuance of the Bonds. In furtherance of the foregoing provisions, but without limiting their generality, the City agrees: (a) through its officers, to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all representations, covenants and assurances contained in certificates or agreements as may be prepared by counsel approving the Bonds, including, without limitation, a Tax Certificate and Agreement (the "Tax Agreement"); (c) to consult with such counsel and to comply with such advice as may be given; (d) to file such forms, statements and supporting documents as may be -38- required and in a timely manner; and (e) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the City in such compliance. None of the proceeds of the Bonds will be used to pay, directly or indirectly, in whole or in part, for an expenditure that has been paid by the City prior to November 10, 2020, the date the Corporate Authorities adopted Resolution No. 2020-73 (the "Reimbursement Resolution"), except architectural, engineering costs or construction costs incurred prior to commencement of the Project or expenditures for which an intent to reimburse was properly declared under Treasury Regulations Section 1.1502. The Reimbursement Resolution was a declaration of official intent under Treasury Regulations Section 1.1502 as to all costs of the Project paid after the date thereof and prior to issuance of the Bonds. The City further certifies and covenants as follows with respect to the requirements of Section 148(f) of the Code, relating to the rebate of "excess arbitrage profits" (the "Rebate Requirement")to the United States: (A) Unless an applicable exception to the Rebate Requirement is available to the City,the City will meet the Rebate Requirement. (B) Relating to applicable exceptions, the Treasurer or the Mayor is hereby authorized to make such elections under the Code as either such officer shall deem reasonable and in the best interests of the City. If such election may result in a"penalty in lieu of rebate" as provided in the Code, and such penalty is incurred (the "Penalty"), then the City shall pay such Penalty. (C) The officers of the City shall cause to be established, at such time and in such manner as they may deem necessary or appropriate hereunder, a "2021 Bonds Rebate [or Penalty, if applicable] Fund" (the"148 Compliance Fund")for the Bonds, and such officers shall -39- further,not less frequently than annually, cause to be transferred to the 148 Compliance Fund the amount determined to be the accrued liability under the Rebate Requirement or Penalty. Said officers shall cause to be paid to the United States Treasury, without further order or direction from the Corporate Authorities, from time to time as required, amounts sufficient to meet the Rebate Requirement or to pay the Penalty. (D) Interest earnings in the Bond Fund are hereby authorized to be transferred, without further order or direction from the Corporate Authorities, from time to time as required, to the 148 Compliance Fund for the purposes herein provided; and proceeds of the Bonds and other funds of the City are also hereby authorized to be used to meet the Rebate Requirement or to pay the Penalty, but only if necessary after application of investment earnings as aforesaid and only as appropriated by the Corporate Authorities. The Corporate Authorities also certify and further covenant with the Purchaser and the holders and registered owners of the Bonds from time to time outstanding that so long as any of the Bonds remain unpaid, moneys on deposit in any fund or account in connection with the Bonds, whether or not such moneys were derived from the proceeds of the sale of the Bonds or from any other source, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, and any lawful regulations promulgated thereunder, as the same presently exist, or may from time to time hereafter be amended, supplemented or revised. The Corporate Authorities reserve the right, however, to make any investment of moneys on deposit in any fund or account in connection with the Bonds permitted by state law, if, when and to the extent that said Section 148 or regulations promulgated thereunder shall be repealed or relaxed or shall be held void by final decision of a court of competent jurisdiction, but only if any investment made by virtue of such repeal, relaxation or decision would not, in the opinion of an attorney at law or a firm of attorneys of nationally -40- recognized standing in matters pertaining to tax-exempt bonds, result in the inclusion of interest on the Bonds in gross income for federal income tax purposes. The Corporate Authorities are hereby authorized and directed to make such further covenants, estimates, representation, or assurances as may be necessary or advisable to the end that the Bonds not be "arbitrage bonds"as aforesaid. Section 24. Not Private Activity Bonds. None of the Bonds is or shall be a "private activity bond" as defined in Section 141(a) of the Code. In support of such conclusion, the City certifies,represents and covenants as follows: (a) Not more than five percent (5%) of the net proceeds and investment earnings of the Bonds is to be used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. (b) Not more than five percent (5%) of the amounts necessary to pay the principal of and interest on the Bonds will be derived, directly or indirectly, from payments with respect to any private business use by any person other than a state or local governmental unit. (c) None of the proceeds of the Bonds is to be used, directly or indirectly, to make or finance loans to persons other than a state or local governmental unit. (d) No user of the Project other than the City or another governmental unit will use the same on any basis other than the same basis as the general public; and no person, other than the City or another governmental unit,will be a user of the Project as a result of(i) ownership or (ii) actual or beneficial use pursuant to a lease, a management or incentive payment contract other than as expressly permitted by the Code, or (iii) any other arrangement. Section 25. Not Arbitrage Bonds. The Bonds shall not be "arbitrage bonds" under Section 148 of the Code; and the Code certifies, represents, and covenants as follows: (a) With respect to the Project, the City has heretofore incurred or within six (6) months after delivery of the Bonds expects to incur substantial binding obligations to be paid for with money received from the sale of the Bonds, said binding obligations comprising binding contracts for the Project in not less than the amount of five percent (5%) of the proceeds of the Bonds allocable to the Project. -41- (b) More than eighty-five percent (85%) of the proceeds of the Bonds w allocable to the Project will be expended on or before three (3) years for the purpose of paying the costs of the Project. (c) All of the principal proceeds of the Bonds allocable to the Project and investment earnings thereon will be used, needed, and expended for the purpose of paying the costs of the Project including expenses incidental thereto. (d) Work on the Project is expected to proceed with due diligence to completion. (e) Except for the Bond Fund, the City has not created or established and will not create or establish any sinking fund reserve fund or any other similar fund to provide for the payment of the Bonds. The Bond Fund has been established and will be funded in a manner primarily to achieve a proper matching of revenues and debt service and will be depleted at least annually to an amount not in excess of 1/121h the particular annual debt service on the Bonds. Money deposited into the Bond Fund will be spent within a thirteen (13) month period beginning on the date of deposit, and investment earnings in the Bond Fund will be spent or withdrawn from the Bond Fund within a one (1) year period beginning on the date of receipt. (f) Amounts of money related to the Bonds required to be invested at a yield not materially higher than the yield on the Bonds, as determined pursuant to such tax certifications or agreements as the City officers may make in connection with the issuance of the Bonds, shall be so invested; and appropriate City officers are hereby authorized to make such investments. Section 26. Registered Form. The City recognizes that Section 149(a) of the Code requires the Bonds to be issued and to remain in fully registered form in order to be and remain tax-exempt. In this connection, the City agrees that it will not take any action to permit the Bonds to be issued in, or converted into,bearer or coupon form. Section 27. Designation of Issue. The City recognizes the provisions of Section 265(b)(3) of the Code which provide that a "qualified tax-exempt obligation" as therein defined may be treated by certain financial institutions as if it were acquired on August 7, 1986, for certain purposes. The City hereby designates each of the Bonds as may be from time to time outstanding for purposes of Section 265(b)(3) of the Code as a "qualified tax-exempt obligation as provided therein. In support of such designation, the City certifies, represents and covenants as follows: -42- A. None of the Bonds is a "private activity bond" as defined in Section 141(a) of the Code. B. Including the Bonds, the City (including any entities subordinate thereto) has not and does not reasonably expect to issue in excess of$10,000,000 in tax-exempt obligations of any kind during calendar year 2021. C. Including the Bonds,not more than $10,000,000 of obligations issued by the City (including any entities subordinate thereto) during the calendar year 2021 have been to date or will be designated by the City for purposes of said Section 265(b)(3) Section 28. List of Bondholders. The Bond Registrar shall maintain a list of the names and addresses of the owners of all Bonds and upon any transfer shall add the name and address of the new owner and eliminate the name and address of the transferor owner. Section 29. Opinion of Counsel Exception. The City reserves the right to use or invest moneys in connection with the Bonds in any manner, notwithstanding the tax-related covenants set forth herein, provided it shall first have received an opinion from Saul Ewing Arnstein & Lehr LLP, or any other attorney or a firm of attorneys of nationally recognized standing as bond counsel, to the effect that use or investment of such moneys as contemplated is valid and proper under applicable law and this Ordinance and, further, will not adversely affect the tax-exempt status for the Bonds. Section 30. Duties of Bond Registrar. If requested by the Bond Registrar or the Paying Agent, or both, any Designated Officer is authorized to execute the Bond Registrar's standard form of agreement between the City and the Bond Registrar or Paying Agent with respect to the obligations and duties of the Bond Registrar hereunder which may include the following: (a) to act as bond registrar,paying agent,authenticating agent and transfer agent as provided herein; -43- (b) to maintain a list of the owners of the Bonds as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential; (c) to give notice of redemption of Bonds as provided herein; (d) to cancel and/or destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for exchange or transfer; (e) to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and (f) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. Section 31. Provisions a Contract. The provisions of this Ordinance shall constitute a contract between the City and the owners of the outstanding Bonds and no changes, additions, or alterations of any kind shall be made hereto, except as herein provided, so long as there are any outstanding Bonds. Section 32. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. Section 33. Repealer. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed. Section 34. Effective Date. This Ordinance shall be in full force and effect forthwith and immediately upon its passage. -44- Passed by the Corporate Authorities on May 11, 2021 by a roll call vote as follows: AYES: Transier, Plocher,Marek,Peterson, Koch,Milschewski, and Tarulis NAYS: Funkhouser ABSENT: UNITED CITY OF YORKVILLE, KENDALL C NTY,ILLINOIS By: l Mayor APPROVED this 11t'day of May,2021. Attest: City Clerk -45- MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held at the City Council Chambers of the City Hall, located at 800 Game Farm Road, Yorkville, Illinois, in said City at 7 o'clock P.M., on the 11ffi day of May, 2021. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called,John Purcell,the City Mayor,and the following Aldermen were physically present at said location: Koch, Transier,Milschewski,Plocher,Funkhouser,Marek, and Tarulis The following Aldermen were allowed by a majority of the Aldermen of the City Council in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: Peterson No Alderman was not permitted to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: The Mayor announced that the next item of business before the City Council was the consideration of an ordinance authorizing the issuance of$8,250,000 General Obligation Bonds (Alternate Revenue Source), Series 2021 for the purposes of(i)acquiring the real property located within the City at 651 Prairie Pointe Drive and the vacant Lot 2 adjacent thereto; (ii) converting the existing building at 651 Prairie Pointe Drive into a new Yorkville City Hall and acquiring fixtures, furnishings and equipment for use therein; (iii)constructing and repairing roads; and(iv) renovating and repurposing the existing Yorkville City Hall at 800 Game Farm Road. Thereupon, -1- Mayor Purcell presented, and there was made available to the Aldermen and interested members of the public the following ordinance (the "Bond Ordinance"): AN ORDINANCE authorizing and providing for the issuance of General Obligation Bonds(Alternate Revenue Source),Series 2021, of the United City of Yorkville, Kendall County, Illinois, in the aggregate principal amount of $8,250,000, for the purposes of acquiring the real property located within the City at 651 Prairie Pointe Drive and the vacant Lot 2 adjacent thereto, converting the existing building at 651 Prairie Pointe Drive into a new Yorkville City Hall and acquiring fixtures, furnishings and equipment for use therein, constructing and repairing roads, and renovating and repurposing the existing Yorkville City Hall, prescribing all the details of said bonds and providing for the imposition of taxes to pay principal of and interest on such bonds. Alderman Plocher moved and Alderman Marek seconded the motion that the Bond Ordinance as presented be adopted. A City Council discussion of the matter followed. During the City Council discussion,the Mayor gave a public recital of the nature of the matter,which included a reading of the title of the Bond Ordinance and statements that(a)the Bond Ordinance provided for the issuance of alternate bonds for the purpose of providing funds for the following capital projects: (i)the acquisition of the real property located within the City at 651 Prairie Pointe Drive and the vacant Lot 2 adjacent thereto;(ii)the conversion of the existing building at 651 Prairie Pointe Drive into a new Yorkville City Hall and the acquisition of fixtures, furnishings and equipment for use therein; (iii) the construction and repair of roads; and(iv)the renovation and repurposing of the existing Yorkville City Hall at 800 Game Farm Road; (b)the bonds are issuable without referendum pursuant to the Illinois Municipal Code,as amended,and the Local Government Debt Reformed Act,as amended; (c)the Bond Ordinance provides for the levy of taxes to pay the bonds, although the intent of the City is that the bonds will be paid by certain sales tax revenues; and (d) that the Bond Ordinance -2- provides certain details for the bonds, including tax-exempt status covenants for the bonds, provisions for terms and form of the bonds, and appropriations. After a full and complete discussion thereof,the Mayor directed that the roll be called for a vote upon the motion to adopt the Bond Ordinance. Upon the roll being called,the following Aldermen: Transier,Plocher, Marek, Peterson,Koch, Milschewski, and Tarulis voted AYE, and the following Aldermen: Funkhouser voted NAY. Whereupon the Mayor declared the motion carried and the Bond Ordinance adopted, and approved and signed the same in open meeting and directed the City Clerk to record the same in full in the records of the City Council of the United City of Yorkville, Kendall County, Illinois. Other business not pertinent to the adoption of said ordinance was duly transacted at said meeting. Upon motion duly made and seconded,the meeting was adjourned. 0(� T, Lisa Pickering, City Clook United City of Yorkville, Kendall County, Illinois -3- STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) CERTIFICATION OF ORDINANCE AND MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting Clerk of the United City of Yorkville, Kendall County, Illinois (the "City"), and as such officer I am the keeper of the books, records, files, and journal of proceedings of the City and of the City Council thereof(the "City Council"). I do further certify that the foregoing constitutes a full, true and complete transcript of the minutes of the meeting of the City Council held on the I Ith day of May, 2021, insofar as same relates to the adoption of Ordinance No. 2021-/a entitled: AN ORDINANCE authorizing and providing for the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2021, of the United City of Yorkville, Kendall County, Illinois, in the aggregate principal amount of$8,250,000, for the purposes of acquiring the real property located within the City at 651 Prairie Pointe Drive and the vacant Lot 2 adjacent thereto, converting the existing building at 651 Prairie Pointe Drive into a new Yorkville City Hall and acquiring fixtures, furnishings and equipment for use therein, constructing and repairing roads, and renovating and repurposing the existing Yorkville City Hall, prescribing all the details of said bonds and providing for the imposition of taxes to pay principal of and interest on such bonds, a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the City Council on the adoption of said ordinance were taken openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that said meeting was called and held in strict accordance with the provisions of the Illinois Municipal Code, as amended, and the Open Meetings Act of the State of Illinois, as amended, and that the City Council has complied with all of the applicable provisions of said Code and said Act and its procedural rules in the adoption of said ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City, this 11ffi day of May, 2021. Clerk, United City of Yor ille, Kendall County, Illinois (SEAL) STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) FILING CERTIFICATE 1, the undersigned, do hereby certify that I am the duly elected, qualified and acting County Clerk of The County of Kendall, Illinois, and as such officer I do further certify that on the 27th day of May, 2021, there was filed in my office that certain United City of Yorkville, Illinois Ordinance No. 2021-12 entitled: An Ordinance authorizing and providing for the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2021, of the United City of Yorkville, Kendall County, Illinois, in the aggregate principal amount of $8,250,000, for the purposes of acquiring the real property located within the City at 651 Prairie Pointe Drive and the vacant Lot 2 adjacent thereto, converting the existing building at 651 Prairie Pointe Drive into a new Yorkville City Hall and acquiring fixtures, furnishings and equipment for use therein, constructing and repairing roads, and renovating and repurposing the existing Yorkville City Hall, prescribing all the details of said bonds and providing for the imposition of taxes to pay principal of and interest on such bonds, duly passed and approved by the Council of the United City of Yorkville, Kendall County, Illinois, on the I Ith day of May, 2021, and that said Ordinance has been placed on file in and appears in the records of my office. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the County of Kendall, Illinois, on this 27t'day of May, 2021. County Clerk of The County of Kendall, Illinois [SEAL]