Resolution 2023-01Resolution No. 2023-01
RESOLUTION AFFIRMING THE DECEMBER 14, 2021 SELECTION OF 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 of Illinois; and,
WHEREAS, the United City of Yorkville, the Village of Montgomery, and the Village of
Oswego, (collectively, the "Municipalities") receive their water supply from the deep aquifer; and,
WHEREAS, the Illinois State Water Survey has concluded the Deep Aquifer 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, since May 2021 the Municipalities by intergovernmental agreement,
approved by their boards and councils, agreed to jointly work together to hire engineers, lawyers
and such other professionals and experts as may be required to advise them on the advantages and
disadvantages of all potential water supply sources; and,
WHEREAS, as part of the Municipalities study the alternative water supplies that were
evaluated included the Key Considerations of sustainability of the water source, water quality and
permitting, governance and operational responsibility, internal system improvements, timeline,
and cost; and,
WHEREAS, the Municipalities jointly held a public open house on September 15, 2021
at the Grand Reserve Elementary School in Yorkville with presentation boards describing the
water source alternatives and summarizing the Key Considerations for each option; and,
Resolution No. 2023-01
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WHEREAS, on December 14, 2021, after thorough review and discussion, this City
Council approved Resolution No. 2021-35 selecting Lake Michigan as its preferred water source
supply and the DuPage Water Commission as the preferred water supplier for the United City of
Yorkville (a copy of Resolution No. 2021-35 is attached and incorporated in this Resolution No.
2023- ; and,
WHEREAS, pursuant to Resolution No. 2021-35 the Mayor and City Administrator were
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 the Village of Montgomery and the Village of
Oswego to minimize the collective costs for connecting to Lake Michigan water through
the DuPage Water Commission;
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 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;
F. Developing a plan to reduce the City's non -revenue water use;
G. Completing all other tasks as necessary to effectuate the connection to Lake Michigan
water through the DuPage Water Commission.
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WHEREAS, to date the Mayor and City Administrator have taken the following necessary
steps to facilitate the connection with DuPage Water Commission, including but not limited to:
A. The City passed its Water Conservation Ordinance on September 28, 2021, in accordance
with the requirements of the Illinois Administrative Code and the rules and regulations of
the Illinois Department of Natural Resources;
B. The City along with the DuPage Water Commission, the Village of Montgomery and the
Village of Oswego, obtained legislative approval from the State of Illinois during its Spring
2022 legislative session to amend The Water Commission Act of 1985, to allow the
Municipalities to become members of the DuPage Water Commission;
C. The City has a pending application for a Lake Michigan Water Allocation Permit from the
Illinois Department of Natural Resources;
1) The City has attended two pre -hearing conferences with the Hearing Officer;
2) The State of Illinois Department of Natural Resources ("IDNR") suggested to the
City review and provide additional information in areas including but not limited
to the following;
i. The 2050 population projections published by the Chicago Metropolitan
Agency for Planning ("CMAP") in October 2022 and its impacts on the City
Non -Revenue Water Improvement Plan;
ii. Historical Water Use
iii. Control and Governance considerations including the City's data reporting
requirements, regulation of actual water supply relative to the Lake
Michigan Allocation Permit, maintaining non -revenue water below the 10%
threshold, and compliance water conservation measures to reduce the
impact on the Lake Michigan diversion;
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iv. Further justification on the City's selection of Lake Michigan after full
consideration of alternative water sources to meet and supply the City's full
water needs and reduce the full reliance on the deep aquifer (except in
extreme emergency)
D. The City has prepared and presented up-to-date information to the residents and businesses
of the City, the Public Works Committee, and this City Council of the City's
responsibilities and obligations under the IDNR laws, rules, and regulations, including the
implications and modifications to the City's application for a Lake Michigan Water
Allocation Permit;
E. The City continues to regularly post on its website (https://www.yorkville.il.us/811/New-
Water-Source);
F. The City continues to develop a plan for internal improvements to receive water and reduce
its non -revenue water use;
G. The City continues to evaluate financial options for funding internal improvements and the
connection costs to the DuPage Water Commission;
H. The City is working with the Municipalities to prepare an Intergovernmental Agreement
between the Municipalities to continue to work together to minimize the collective costs
for connecting to Lake Michigan water;
I. The City continues negotiating and drafting agreements with the DuPage Water
Commission to facilitate the Municipalities' connection to the DuPage Water Commission
system;
J. The City will complete all other tasks as necessary to effectuate the connection to Lake
Michigan water through the DuPage Water Commission.
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WHEREAS, the Municipalities have been transparent with their residents, businesses, and
elected officials and have provided and continue to provide information regarding the Key
Considerations and other key information and terms; and
WHEREAS, the City further confirms and affirms its decision of December 14, 2021 in
designating Lake Michigan as the preferred water source and the DuPage Water Commission
System as the 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:
of fact.
Section 1. That the recitals set forth above are incorporated here by reference as findings
Section 2. The Mayor and City Council hereby continue to designate Lake Michigan as
the preferred water source and the DuPage Water Commission as the preferred water supplier. The
Mayor and City Administrator are authorized and directed to take all steps to implement the
connection to the DuPage Water Commission:
and
A. Further develop plans for the internal improvements of the City's water system;
B. Execute any Intergovernmental Agreement among the Municipalities with the
intention to continue to work together to minimize the collective costs for connecting to Lake
Michigan water; and
C. Work with the DuPage Water Commission to draft and approve agreements to
facilitate the Municipalities' connection to the Commission's system; and
D. Obtain a Lake Michigan Water Allocation Permit from the Illinois Department of
Natural Resources; and
E. Establish a project financing plan; and
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F. Complete other tasks as necessary to implement and complete the connection to
Lake Michigan water through the DuPage Water Commission.
Section 3. All Resolutions or parts of Resolutions in conflict with any of the provisions of
this Resolution shall be and are hereby repealed.
Section 4. 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.
Section S. 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
1 Otn day of January, A.D. 2023.
KEN KOCH
AYE
DAN TRANSIER
AYE
ARDEN JOE PLOCHER
AYE
CRAIG SOLING
AYE
CHRIS FUNKHOUSER
AYE
MATT MAREK
AYE
SEAVER TARULIS AYE
APPROVED by me, as Mayor of the United City of Yo ville, Kendall County, Illinois
this 12 day of January, A.D. 2023.
MAYOR
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