Ordinance 2021-20 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2021-20
AN ORDINANCE authorizing the issuance of general obligation alternate revenue
bonds of the United City of Yorkville, Kendall County, Illinois in an amount not to
exceed $1,050,000 pursuant to Section 15 of the Local Government Debt Reform Act
of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as
amended
Adopted by the City Council on the
26th day of October,2021
MINUTES of a regular public meeting of the City Council of the United
City of Yorkville, Kendall County, Illinois, held in the City Hall, 800
Game Farm Road, Yorkville, Illinois, at 7 o'clock P.M., on the 26th
day of October, 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 Alderman
were physically present at said location:
Peterson, Koch, Plocher, Funkhouser, Tarulis, Transier, and Marek.
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, Koch, Plocher, Funkhouser, Tarulis, Transier,
and Marek.
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: none.
The Mayor announced that, in view of the need to provide funds for (i) the renovation of
the new Yorkville City Hall and Police Station at 651 Prairie Pointe Drive; (ii) the acquisition
and/or renovation of additional existing buildings located within the City for municipal purposes;
and (iii) other capital infrastructure projects within the City including water, sewer and road
construction and repairs, the City Council would consider the adoption of an ordinance
authorizing the issuance of its general obligation alternate revenue bonds pursuant to Section 15
of the Local Government Debt Reform Act of the State of Illinois, as amended, and the
Municipal Code of the State of Illinois, as amended, and directing the publication of a notice
setting forth the determination of the City Council to issue such bonds.
39071136.2
Whereupon Alderman Funkhouser presented and read by title an Ordinance as follows, a
copy of which was provided to each Alderman prior to said meeting and to everyone in
attendance at said meeting who requested a copy:
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ORDINANCE No.2021-20
AN ORDINANCE authorizing the issuance of general obligation
alternate revenue bonds of the United City of Yorkville, Kendall
County, Illinois in an amount not to exceed $1,050,000 pursuant to
Section 15 of the Local Government Debt Reform Act of the State
of Illinois, as amended, and the Municipal Code of the State of
Illinois, as amended.
* * * * *
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, and is now operating under the provisions of Illinois Municipal Code, as
amended, and all laws amendatory thereof and supplementary thereto, including without
limitation the Local Government Debt Reform Act of the State of Illinois, as amended (the
"Debt Reform Act"); and
WHEREAS, the Mayor and the City Council of the City (the "City Council") have
determined that it is advisable, necessary and in the best interests of the public health, safety,
welfare and convenience of the City to (i) renovate the new Yorkville City Hall and Police
Station at 651 Prairie Pointe Drive, (ii) acquire and/or renovate additional existing buildings
located within the City for municipal purposes; and (iii) provide for other capital infrastructure
projects within the City including water, sewer and road construction and repairs (collectively,
the "Project"), all in accordance with the preliminary plans and estimates of costs therefor
heretofore presented to the City Council and
WHEREAS, the estimated costs of the Project, including, without limitation, legal,
financial, bond discount, bond registrar, paying agent and other related banking fees, printing
and publication costs and other expenses, does not exceed $1,050,000, but the City does not
currently have sufficient funds on hand and lawfully available to pay such costs; and
WHEREAS, pursuant to the provisions of the Debt Reform Act, "Alternate Bonds" (as
defined therein)may be issued whenever there exists a revenue source for the City; and
WHEREAS, the costs of the Project are expected to be paid for from the proceeds of the
general obligation alternate revenue bonds which are authorized to be issued pursuant to the Debt
Reform Act, subject to the right of backdoor petition for referendum; and
WHEREAS, it is necessary and for the best interests of the City that the Project be
undertaken, and, in order to finance the cost thereof, it will be necessary for the City to issue its
general obligation alternate revenue bonds (the "Alternate Bonds"), which Alternate Bonds shall
be in an aggregate amount not to exceed $1,050,000 and be 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"), as authorized to be issued at this time pursuant
to the Debt Reform Act; and
WHEREAS, as provided in the Debt Reform Act, if the Pledged Revenues are insufficient
to pay the principal and interest on the Alternate Bonds, ad valorem property taxes levied upon
all taxable property in the City without limitation as to rate or amount are authorized to be
extended and collected to pay the principal of and interest on the Alternate Bonds; and
WHEREAS, pursuant to and in accordance with the provisions of Section 15 of the Debt
Reform Act, the City is authorized to issue its Alternate Bonds in an aggregate principal amount
not to exceed $1,050,000 for the purpose of providing funds to pay the costs of the Project; and
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WHEREAS, before the Alternate Bonds may be issued for said purpose, the Debt Reform
Act requires that the City Council must first adopt an Ordinance authorizing the issuance of the
Alternate Bonds for said purpose and directing that notice of such authorization be published as
provided by law.
Now, THEREFORE, Be It and It Is Hereby Ordained by the City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. Incorporation of Preambles. The City Council hereby finds that all of the
recitals contained in the preambles to this Ordinance are full, true and correct and does
incorporate them into this Ordinance by this reference.
Section 2. Determination to Issue Bonds. It is necessary and in the best interests of
the public health, safety, welfare and convenience of the City to undertake the Project in
accordance with the estimate of costs as hereinabove described, and that for such purpose there
are hereby authorized to be issued and sold by the City its Alternate Bonds in an aggregate
principal amount not to exceed $1,050,000 (the "Bonds"). The issuance of the Bonds shall be
subject to the right of backdoor petition for referendum as set forth herein and the adoption of a
bond ordinance setting forth the terms for the issuance and sale of the Bonds.
Section 3. Publication. This Ordinance, together with a notice in the statutory form as
set forth herein in Section 4 (the "Notice"), shall be published at least once in the Beacon-News,
the same being a newspaper of general circulation in the City, and if no petition, signed by not
less than 1,052 registered voters of the City (being the number of registered voters equal to the
greater of(a) seven and one-half percent (7.5%) of the registered voters of the City, or (b) the
lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200 registered
voters), asking that the issuance of the Bonds be submitted to referendum, is filed with the City
Clerk within thirty (30) days after the date of the publication of this Ordinance and the Notice,
3
then the Bonds shall be authorized to be issued. If such petition is filed with the City Clerk
within thirty (30) days after the date of publication of this Ordinance and the Notice, an election
on the proposition to issue the Bonds shall be held on the 28th day of June, 2022 (being the next
election held in accordance with the general election law of the State of Illinois). The City Clerk
shall make a petition form available to anyone requesting one.
Section 4. Form of Notice. The notice of the intention to issue the Bonds shall be in
substantially the following form:
4
NOTICE OF INTENT OF
THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
TO ISSUE$1,050,000 ALTERNATE REVENUE BONDS
AND RIGHT TO FILE PETITION
PUBLIC NOTICE is hereby given that pursuant to an Ordinance (the "Ordinance") adopted
on the 26th day of October, 2021 by the City Council (the "City Council") of the United City of
Yorkville, Kendall County, Illinois (the "City"), the City intends to issue its general obligation
alternate revenue bonds in an aggregate amount of not to exceed $1,050,000 (the "Bonds") for
the purpose of providing funds for (i) the renovation of the new Yorkville City Hall and Police
Station at 651 Prairie Pointe Drive; (ii) the acquisition and/or renovation of additional existing
buildings located within the City for municipal purposes; and (iii) other capital infrastructure
projects within the City including water, sewer and road construction and repairs.
The revenue sources for the payment of the Bonds will be (a) 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 (b) such other funds of the City as may be
necessary and on hand from time to time and lawfully available for such purpose. If these
revenue sources are insufficient to pay the Bonds, the City will also levy ad valorem property
taxes upon all taxable property in the City without limitation as to rate or amount to pay the
principal of and interest on the Bonds. This notice is incorporated into the Ordinance.
Notice is hereby further given that a petition may be filed with the City Clerk (the "City
Clerk") within thirty (30) days after the date of publication of the Ordinance and this notice,
signed by not less than 1,052 registered voters of the City (being the number of registered voters
equal to the greater of(a) seven and one-half percent (7.5%) of the registered voters of the City,
or (b) the lesser of (i) fifteen percent (15%) of the registered voters of the City, or (ii) 200
registered voters) asking that the issuance of the Bonds be submitted to the voters of the City. If
such petition is filed with the City Clerk within thirty (30) days after the date of publication of
this notice, an election on the proposition to issue the Bonds shall be held on the 28th day of June,
2022. Forms of petitions for such purposes are available to any individual requesting one from
the office of the City Clerk.
The Circuit Court may declare that an emergency referendum should be held prior to said
election date pursuant to the provisions of Section 2A-1.4 of the Election Code of the State of
Illinois, as amended. If no such petition is filed within said thirty (30) day period, then the City
shall thereafter be authorized to issue the Bonds for the purpose hereinabove provided.
By order of the City Council of the United City of Yorkville, Kendall County, Illinois.
DATED this 26th day of October, 2021.
Jori Behland
City Clerk
United City of Yorkville,Kendall County,
Illinois
Note to Publisher: Please be certain that this notice appears over the name of the City Clerk.
2
Section 5. Additional Ordinances. If no petition meeting the requirements of
applicable law is filed during the petition period hereinabove referred to, then the City Council
may adopt additional ordinances or proceedings supplementing or amending this Ordinance
providing for the issuance and sale of the Bonds and prescribing all the details of the Bonds, so
long as the maximum amount of the Bonds as set forth in this Ordinance is not exceeded and
there is no material change in the Project described herein. Such additional ordinances or
proceedings shall in all instances become effective immediately without publication or posting or
any further act or requirement. This Ordinance, together with such additional ordinances or
proceedings, shall constitute complete authority for the issuance of the Bonds under applicable
law.
Section 6. Severability. If any section, paragraph, clause or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph, clause or provision shall not affect any of the
remaining provisions of this Ordinance.
(This space is intentionally blank)
Section 7. Repealer and Effective Date. All Ordinances and parts of Ordinances in
conflict herewith be and the same are hereby repealed and that this Ordinance be in full force and
effect forthwith upon its adoption.
ADOPTED by the City Council on the 26th day of October, 2021, pursuant to a roll call
vote as follows: A ' /� r
DANIEL V.TRANSIER `1 6 KEN KOCH A y G
MATT MAREK A y F ARDEN JOE PLOCHER A `1
CHRIS FUNKHOUSER A `1 SEAVER TARULIS 4 "I E
JASON PETERSON A 1G
APPROVED by me, as Mayor of the United City of York e, Kendall County, Illinois, the
26th day of October, 2021.
I �►
MAYO-
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the
26th day of October, 2021.
J A-J
ITY CLERK
2
Alderman Funkhouser moved and Alderman Tarulis seconded the motion that said
Ordinance as presented and read by title be adopted.
After a full and complete discussion thereof, the Mayor directed the City Clerk to call the
roll for a vote upon the motion to adopt said Ordinance.
Upon the roll being called, the following Aldermen voted AYE: Peterson, Koch, Plocher,
Funkhouser, Tarulis, Transier, and Marek.
The following Aldermen voted NAY: none.
Whereupon the Mayor declared the motion carried and said Ordinance adopted, and in
open meeting approved and signed said Ordinance 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, which was done.
Other business not pertinent to the adoption of said Ordinance was duly transacted at said
meeting.
Upon motion duly made, seconded and carried,the meeting was adjourned.
(IU-).) .'
City Clerk
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
CERTIFICATION OF MINUTES AND ORDINANCE
I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of
the United City of Yorkville, Kendall County, Illinois (the "City"), and that as such official I am
the keeper of the records and files 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 26th day of October, 2021, insofar as
same relates to the adoption of Ordinance No. 2021-20 entitled:
AN ORDINANCE authorizing the issuance of general obligation
alternate revenue bonds of the United City of Yorkville, Kendall
County, Illinois in an amount not to exceed $1,050,000 pursuant to
Section 15 of the Local Government Debt Reform Act of the State
of Illinois, as amended, and the Municipal Code of the State of
Illinois, as amended.
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 conducted openly, that the vote on the adoption of said Ordinance was taken
openly, that said meeting was held at a specified time and place convenient to the public, that
notice of said meeting was duly given to all of the news media requesting such notice, that an
agenda for said meeting was posted at the location where said meeting was held and at the
principal office of the City Council at least 96 hours in advance of the holding of said meeting
and on a day that was not a Saturday, Sunday or legal holiday in the State of Illinois, that a true,
correct and complete copy of said agenda as so posted is attached hereto as Exhibit A, that said
meeting was called and held in strict compliance with the provisions of the Public Code of the
State of Illinois, as amended, the Open Meetings Act of the State of Illinois, as amended, and the
Local Government Debt Reform Act of the State of Illinois, as amended, and that the City
Council has complied with all of the provisions of said Acts and with all of the procedural rules
of the City Council in the conduct of said meeting and in the adoption of said Ordinance.
IN WITNESS WHEREOF, I hereunto affix my official signature, this 26th day of October,
2021.
(SEAL) . (Be,vi.itunA)
City Cl rk,United City of Yorkville, Kendall
Co y, Illinois
[Attach Agenda as Exhibit A]
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
PETITION—ALTERNATE REVENUE BONDS
We, the undersigned, do hereby certify that we are registered voters of United City of
Yorkville, Kendall County, Illinois, and as such voters, we do hereby petition you to cause that
the following question be submitted to the voters of said City: "Shall the City Council of United
City of Yorkville, Kendall County, Illinois, be authorized to issue not to exceed $1,050,000
general obligation alternate revenue bonds to provide funds for (i) the renovation of the new
Yorkville City Hall and Police Station at 651 Prairie Pointe Drive; (ii) the acquisition and/or
renovation of additional existing buildings located within the City for municipal purposes; and
(iii) other capital infrastructure projects within the City including water, sewer and road
construction and repairs, as provided for by the Ordinance adopted by the City Council of said
City on the 26th day of October, 2021, with the revenue sources to be used to pay the principal of
and interest on said bonds to be (a) 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 (b) such other funds of the City as may be necessary and on hand from
time to time and lawfully available for such purpose, unless said revenue sources are insufficient
to pay said bonds, in which case ad valorem property taxes levied upon all taxable property in
said City without limitation as to rate or amount are authorized to be extended for such
purpose?"; and we do hereby further request that the City Clerk certify said proposition to the
County Clerk of The County of Kendall, Illinois, for submission to said City voters at the
election to be held on the 28th day of June, 2022:
CITY,
STREET ADDRESS OR CITY
SIGNATURE RURAL ROUTE NUMBER OR TOWN COUNTY
• Yorkville, Kendall County, Illinois
Yorkville, Kendall County, Illinois
• Yorkville, Kendall County, Illinois
• Yorkville, Kendall County, Illinois
• Yorkville, Kendall County, Illinois
• Yorkville, Kendall County, Illinois
• Yorkville, Kendall County, Illinois
• Yorkville, Kendall County, Illinois
• Yorkville, Kendall County, Illinois
• Yorkville, Kendall County, Illinois
• Yorkville, Kendall County, Illinois
• Yorkville, Kendall County, Illinois
The undersigned, being first duly sworn, deposes and certifies that he or she is at least
18 years of age, his or her residence address is (Street Address),
(Village, City or Town), County,
(State), that he or she is a citizen of the United States of America, that the
signatures on the foregoing petition were signed in his or her presence and are genuine, that to
the best of his or her knowledge and belief the persons so signing were at the time of signing said
petition registered voters of said City and that their respective residences are correctly stated
therein.
Signed and sworn to before me this
day of , 2021.
Illinois Notary Public
My commission expires
(NOTARY SEAL)
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
No PETITION CERTIFICATE
I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of
the United City of Yorkville, Kendall County, Illinois (the "City"), and as such official I do
further certify that pursuant to an Ordinance entitled:
AN ORDINANCE authorizing the issuance of general obligation
alternate revenue bonds of the United City of Yorkville, Kendall
County, Illinois in an amount not to exceed $1,050,000 pursuant to
Section 15 of the Local Government Debt Reform Act of the State
of Illinois, as amended, and the Municipal Code of the State of
Illinois, as amended,
duly adopted by the City Council of the City (the "City Council") on the 26th day of October,
2021, notice of authorization of the City to issue $1,050,000 Alternate Revenue Bonds was
published on the 29th day of October, 2021, in the Beacon-News, the same being a newspaper of
general circulation in the City, and was not posted electronically on the City's World Wide Web
pages.
I do further certify that no petition has ever been filed in my office as City Clerk or has
ever been presented to me as such official requesting that the proposition to issue said bonds be
submitted to the voters of the City, but that I provided a petition form regarding the same to
every individual requesting one.
IN WITNESS WHEREOF, I hereunto affix my official signature, this 17t day of December,
2021.
Cejutij F---xtiErvd
City Clerk
EXHIBIT A
,c*.o clTy,
,4" G� United City of Yorkville
, 800 Game Farm Road
") Yorkville, Illinois 60560
6 rti -- -- se Telephone: 630-553-4350
1 �� www.yorkville.il.us
'ALEAGENDA
CITY COUNCIL MEETING
Tuesday, October 26, 2021
REVISED 10-22-21 @8:15 AM 7:00 p.m.
Additional agenda item added City Hall Council Chambers
Mayor's Report Item#3 800 Game Farm Road, Yorkville, IL
Call to Order:
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Ken Koch Arden Joe Plocher Chris Funkhouser Seaver Tarulis
Dan Transier Matt Marek Jason Peterson
Establishment of Quorum:
Amendments to Agenda:
Presentations:
1. Mayor of the Day—Emily Weber
2. Fiscal Year 2021 Audit Report
Public Hearings:
Citizen Comments on Agenda Items:
Consent Agenda:
1. Minutes of the Regular City Council—September 28,2021
2. Bill Payments for Approval
$ 653,164.17 (vendors)
$ 321,029.27 (payroll period ending 10/15/21)
$ 974,193.44 (total)
3. PW 2021-57 Water Department Reports for February—September 2021
4. PW 2021-63 Gas N Wash Yorkville—Security Release—authorize the release of the remaining
performance security(CNB Bank& Trust, N.A. Letter of Credit#21901824)
Mayor's Report:
3. CC 2021-54 Selection of Mayor Pro Tern
Public Works Committee Report:
1. PW 2021-60 2022 Roads to Better Roads—Design Engineering Agreement
2. PW 2021-61 Wheel Loader Purchase
City Council Agenda
October 26,2021
Page 2
Economic Development Committee Report:
Public Safety Committee Report:
Administration Committee Report:
1. CC 2021-53 Annual Treasurer's Report
2. ADM 2021-39 Treasurer's Report for September 2021
3. ADM 2021-41 2011 Bond Refinancing
a. Ordinance calling a public hearing concerning the intent of the City Council of the United City of
Yorkville,Kendall County, Illinois,to sell not to exceed$1,050,000 General Obligation Alternate
Revenue Bonds
b. Ordinance authorizing the issuance of general obligation alternate revenue bonds of the United City
of Yorkville, Kendall County, Illinois in an amount not to exceed$1,050,000 pursuant to Section 15
of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal
Code of the State of Illinois, as amended
Park Board:
Planning and Zoning Commission:
City Council Report:
City Clerk's Report:
Community and Liaison Report:
Staff Report:
Mayor's Report(cont'd):
1. CC 2021-04 City Buildings Updates
2. CC 2021-38 Water Study Update
Additional Business:
Citizen Comments:
Executive Session:
Adjournment:
COMMITTEES,MEMBERS AND RESPONSIBILITIES
ADMINISTRATION:----- ------ ------------------
November 17�2021 —6:00 p.m.—City Hall Conference Room:
Committee Departments Liaisons
Chairman: Alderman Finance Library
Vice-Chairman: Alderman Funkhouser Administration
Committee: Alderman Transier
Committee: Alderman Tarulis
City Council Agenda
October 26,2021
Page 3
COMMITTEES, MEMBERS AND RESPONSIBILITIES cont'd:
-- ---------------------
ECONOMIC DEVELOPMENT: November 2,2021—6:00p.m.—City Hall Conference Room:
Committee Departments Liaisons
Chairman: Alderman Peterson Community Development Planning&Zoning Commission
Vice-Chairman: Alderman Koch Building Safety&Zoning Kendall Co. Plan Commission
Committee: Alderman Plocher
Committee: Alderman Funkhouser
PUBLIC SAFETY: November 4,2021 —6:00p.m.—City Hall Conference Room:
----------------
Committee Departments Liaisons
Chairman: Alderman Transier Police School District
Vice-Chairman: Alderman Tarulis
Committee: Alderman
Committee: Alderman Marek
PUBLIC WORKS: November 16,2021 —6:00 p.m.—Ci y Hall Conference Room:
- --------Committee Departments Liaisons
Chairman: Alderman Marek Public Works Park Board
Vice-Chairman: Alderman Plocher Engineering YBSD
Committee: Alderman Koch Parks and Recreation
Committee: Alderman Peterson