Resolution 2021-35 Resolution No. 2021-35
RESOLUTION SELECTING LAKE MICHIGAN AS THE
PREFERRED WATER SOURCE AND
THE DUPAGE WATER COMMISSION AS THE
PREFERRED WATER SUPPLIER
FOR THE UNITED CITY OF YORKVILLE
WHEREAS,the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and
WHEREAS, the existing water source of the Village of Montgomery, Village of
Oswego, and United City of Yorkville (collectively, the "Municipalities") will be at severe risk
of depletion and no longer able to meet the region's maximum daily water demand sometime
between 2030 and 2050; and
WHEREAS,the Municipalities have agreed to jointly hire engineers, lawyers, and other
experts to advise them on the advantages and disadvantages of potential water supply sources;
and
WHEREAS, the City of Joliet is currently designing a new pipeline that will bring Lake
Michigan water to the area by approximately 2030 which could be utilized by the Municipalities;
and
WHEREAS, the City of Joliet notified the Municipalities that in order to connect to the
new pipeline, a commitment would need to be made before January 31, 2022; and
WHEREAS, the Municipalities authorized Baxter and Woodman of Mokena, IL to
conduct an Alternative Water Source Evaluation (the "Study") to evaluate the feasibility of
obtaining a sustainable water supply from the City of Joliet, the DuPage Water Commission,
Illinois American Water, and the Fox River; and
WHEREAS, the Municipalities evaluated key considerations of the potential water
supplies, including: the sustainability of each water source, water quality, permitting,
governance,responsibility, internal system improvements,project timing, and cost; and
WHEREAS,the Municipalities held a joint public open house on September 15, 2021, at
the Grand Reserve Elementary School in Yorkville to present the alternatives and answer
questions from the public; and
Resolution No.2021-35
Page 1
WHEREAS, the United City of Yorkville held a public open house on October 19, 2021
at the Yorkville City Hall to present the alternatives and answer questions from the public; and
WHEREAS, the Mayor and City Council of the United City of Yorkville discussed the
alternative water source Study at its June 8, 2021, June 22, 2021, July 13, 2021, July 27 2021,
August 10, 2021, August 24, 2021, September 14, 2021, September 28, 2021, October 12, 2021,
October 26, 2021,November 9, 2021 and November 23, 2021, City Council meetings; and
WHEREAS, the United City of Yorkville regularly posted on its website
(https://www.yorkville.i1.us/811/New-Water-Source)the status of the alternatives; and
WHEREAS, the Municipalities are all committed to working together to share the
system distribution costs so that the chosen water source is the least expensive option for each
community; and
WHEREAS, the DuPage Water Commission has issued two Memoranda of
Understanding dated June 30, 2021 and November 19, 2021 (collectively, the "Memoranda",
attached hereto as Exhibit A and B, respectively) outlining the proposed terms of the
Municipalities' connection to the Commission; and
WHEREAS, after reviewing the key considerations, including water quality,
sustainability, costs, system reliability, operational record, and other key information and terms
detailed in the Memoranda, the Mayor and City Council of the United City of Yorkville hereby
declares that it is in the best interests of the City and its public health and safety to designate
Lake Michigan as the United City of Yorkville's preferred water source, and the DuPage Water
Commission System as the United City of Yorkville's preferred water supplier;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,
as follows:
SECTION 1. INCORPORATION OF RECITAL
That the recitals set forth above are incorporated by reference as legislative findings of
fact as if fully set forth here.
Resolution No.2021-35
Page 2
SECTION 2. DESIGNATION OF PREFERRED WATER SOURCE
The Mayor and City Council hereby designate Lake Michigan as the preferred water source to
supply the United City of Yorkville, and the DuPage Water Commission as the preferred water
supplier for the United City of Yorkville. The Mayor and City Administrator are authorized and
directed to take all necessary steps to facilitate the connection with DuPage Water Commission,
including but not limited to:
A. Preparing an Intergovernmental Agreement between the Municipalities declaring the
City's intention to continue to work with Montgomery and Oswego to minimize the
collective cost for connecting to Lake Michigan water;
B. Assisting the DuPage Water Commission to expeditiously obtain legislative approval
from the State of Illinois during the Spring 2022 legislative session,to allow the
Municipalities to become members of the DuPage Water Commission;
C. Negotiating and drafting agreements with the DuPage Water Commission to facilitate
the Municipalities' connection to the DuPage Water Commission's system;
D. Applying for and obtaining a Lake Michigan Water Allocation Permit from the Illinois
Department of Natural Resources;
E. Developing a project financing plan; and
F. Completing all other tasks as necessary to effectuate the connection to Lake Michigan
water through the DuPage Water Commission.
SECTION 3. REPEALER
All Resolutions or parts of Resolutions in conflict with any of the provisions of this
Resolution shall be, and are hereby repealed.
SECTION 4. SEVERABILITY
This Resolution and every provision thereof shall be considered severable. In the event
that any court of competent jurisdiction may find and declare any provision invalid, all
provisions not ruled invalid shall continue in full force and effect.
Resolution No.2021-35
Page 3
SECTION 5. EFFECTIVE DATE
This Resolution shall be in full force and effect from and after its passage.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this 14th day of December,A.D. 2021.
I CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE JASON PETERSON ABSENT
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois
this 14th day of December, A.D. 2021.
MAYOR
Resolution No.2021-35
Page 4
STATE OF ILLINOIS )
SS
COUNTY OF KENDALL )
CLERK'S CERTIFICATE
(RESOLUTION)
I, Jon Behland, the duly qualified and acting City Clerk of the United City of Yorkville,
Kendall County, Illinois, do hereby certify that I am the keeper of its books and records and that
the attached hereto is a true and correct copy of a Resolution entitled:
RESOLUTION SELECTING LAKE MICHIGAN AS THE
PREFERRED WATER SOURCE AND
THE DUPAGE WATER COMMISION AS THE
PREFERRED WATER SUPPLIER
FOR THE UNITED CITY OF YORKVILLE
which Resolution was duly adopted by said City Council at a City Council meeting held on the 14th day of
December 2021,approved by the Mayor on the 14th day of December 2021 and thereafter published in
pamphlet form.
I do further certify, in my official capacity, that a quorum of said City Council was present at said
meeting and that the Council complied with all requirements of the Illinois Open Meetings Act.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December 2021.
J ri ehland, City Clerk
U 't City of Yorkville
(Seal)
Resolution No.2021-3 5
Page 5