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Ordinance 2023-20 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2023-20 ORDINANCE AUTHORIZING THE ISSUANCE OF WATER REVENUE BONDS OR, IN LIEU THEREOF, GENERAL OBLIGATION ALTERNATE REVENUE BONDS, OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $11,000,000 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, FOR THE PURPOSE OF PAYING THE COST OF ENHANCING THE CITY'S WATER DELIVERY SYSTEM Adopted by the City Council on the 30"day of May, 2023 MINUTES of a regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, at 7 o'clock P.M., on the 301n day of May, 2023. 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, Plocher, Soling, Funkhouser, Marek, Tarulis, and Corneils. 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:not applicable. 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 the enhancement of the City's water delivery system, the City Council would consider the adoption of an ordinance authorizing the issuance of its water revenue bonds or, in lieu thereof, 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. 41461234.3 Whereupon Mayor Purcell 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: 2 Ordinance 2023-20 AN ORDINANCE authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $11,000,000 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, for the purpose of paying the costs of enhancing the City's water delivery system. 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 (the "Code"), 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 City has owned and operated a municipally-owned water supply system (the"System")under and pursuant to the provisions of Division 129 of Article 11 of the Code; 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 enhance the System, including replacing existing water mains, constructing a new well, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System (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 $11,000,000, but the City does not currently have sufficient funds on hand and lawfully available to pay such costs; and WHEREAS,pursuant to Article 8 and Article 11 of the Code, the City is authorized to issue its water revenue bonds payable solely from the revenue derived from the operation of the System to pay the costs of the Project (the "Revenue Bonds"), subject to right of backdoor petition for referendum; and WHEREAS,pursuant to the provisions of Section 15 of the Debt Reform Act, whenever the City has been authorized under applicable law(as defined in the Debt Reform Act)to issue revenue bonds under the Code, the City may issue its general obligation alternate bonds (as defined in the Debt Reform Act) in lieu of such revenue bonds; 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 (a) the Revenue Bonds in an aggregate amount not to exceed $11,000,000 payable from the revenue derived from the operation of the System, or(b) in lieu thereof, its general obligation alternate revenue bonds (the "Alternate Bonds"), which Alternate Bonds shall be in an aggregate amount not to exceed $11,000,000 and be payable from (i) the net revenues derived from the operation of the System, (ii) all collections of any non-home rule "places for eating" sales tax imposed by the City and deposited into the City's Water Fund (the "Water Fund"), and (iii) certain moneys on deposit from time to time in the funds and accounts held within the Water Fund (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 2 WHEREAS, the costs of the Project are expected to be paid for from the proceeds of the Alternate Bonds which are authorized to be issued pursuant to the Debt Reform Act, subject to the right of backdoor petition for referendum; and WHEREAS, pursuant to and in accordance with the provisions of Section 15 of the Debt Reform Act, and in lieu of the issuance of its Revenue Bonds, the City is authorized to issue its Alternate Bonds in an aggregate principal amount not to exceed $11,000,000 for the purpose of providing funds to pay the costs of the Project; and WHEREAS, before Revenue Bonds or, in lieu thereof, the Alternate Bonds may be issued for said purpose, Division 129 of Article 11 of the Code and Section 15 of the Debt Reform Act require that the City Council must first adopt an Ordinance authorizing the issuance of the Revenue Bonds or, in lieu thereof, 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 Revenue Bonds in an aggregate principal amount not to exceed $11,000,000 or,in lieu thereof, its Alternate Bonds in an aggregate principal amount not to exceed $11,000,000. The issuance of the Revenue Bonds or, in lieu thereof, the 3 Alternate 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 thereof. 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 within ten (10) days after passage hereof by the City Council in the Beacon-News, the same being a newspaper of general circulation in the City, and if no petition, signed by not less than 1,531 registered voters of the City (being the number of registered voters equal to ten percent (10%) of the registered voters of the City), asking that the question of the Project, as provided in this Ordinance, and the issuance of the Revenue Bonds therefor be submitted to the electors of this City is filed with the City Clerk within thirty(30)days after the date of the publication of this Ordinance and the Notice, then the Revenue 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 Revenue Bonds shall be held on the 191h day of March, 2024 (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. If no petition, signed by not less than 1,148 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 Alternate 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, then the Alternate 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 Alternate Bonds shall be held on the 191h day of March,2024(being the next election held in accordance with the general election 4 law of the State of Illinois). The City Clerk shall make a petition form available to anyone requesting one. It is expressly provided that in the event there shall be filed with the City Clerk in a timely manner a petition, asking that the issuance of the Revenue Bonds be submitted to a referendum, the Alternate Bonds shall not be authorized to be issued until such time as the issuance of the Revenue Bonds shall have been submitted to the electors of the City and a majority of votes cast on such question shall have been in favor thereof. Section 4. Form of Notice. The notice of the intention to issue the Revenue Bonds or, in lieu thereof, the Alternate Bonds shall be in substantially the following form: 5 NOTICE OF INTENT OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS TO ISSUE$11,000,000 REVENUE BONDS OR,IN LIEU THEREOF, $11,000,000 ALTERNATE REVENUE BONDS AND RIGHT TO FILE PETITION PUBLIC NOTICE is hereby given that pursuant to an Ordinance (the "Ordinance") adopted on the 30`h day of May, 2023 by the City Council (the "City Council") of the United City of Yorkville, Kendall County, Illinois (the "City"), the City intends to issue its revenue bonds, payable solely from the revenue derived from the operation of the City's water delivery system (the "System"), in an aggregate amount of not to exceed $11,000,000 and bearing interest per annum at a rate not to exceed the maximum rate authorized by law at the such revenue bonds are sold (the"Revenue Bonds") or, in lieu thereof, its general obligation alternate revenue bonds in an aggregate amount of not to exceed $11,000,000 (the "Alternate Bonds"), for the purpose of providing funds for the enhancement of the City's water delivery system, including replacing existing water mains, constructing a new well, modifying the existing raw water main and water treatment plant and other capital improvements relating to the System. The revenue sources for the payment of the Alternate Bonds will be (i) the net revenues derived from the operation of the System, (ii) all collections of any non-home rule "places for eating" sales tax imposed by the City and deposited into the City's Water Fund, and (iii) certain moneys on deposit from time to time in the funds and accounts held within the City's Water Fund. If these revenue sources are insufficient to pay the Alternate 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 Alternate 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 1,531 registered voters of the City(being the number of registered voters equal to ten percent (10%) of the registered voters of the City) asking that the question of the Project, as provided in the Ordinance, and the issuance of the Revenue 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 Revenue Bonds shall be held on the 19`h day of March, 2024. 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 Revenue Bonds for the purpose hereinabove provided. Notice is further hereby further given that a petition may be filed with the City Clerk within thirty (30) days after the date of publication of the Ordinance and this notice, signed by not less than 1,148 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 Alternate 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 Alternate Bonds shall be held on the 19th day of March, 2024. 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 Alternate Bonds for the purpose hereinabove provided. By order of the City Council of the United City of Yorkville, Kendall County, Illinois. DATED this 301h day of May, 2023. 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 with respect to the issuance of the Revenue Bonds or, in lieu thereof, the Alternate Bonds and 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 Revenue Bonds or, in lieu thereof, the Alternate Bonds and prescribing all the details of the Revenue Bonds or, in lieu thereof, the Alternate Bonds, so long as the maximum amount of the Revenue Bonds or, in lieu thereof,the Alternate 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 Revenue Bonds or, in lieu thereof, the Alternate 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) 3 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 30th day of May, 2023, pursuant to a roll call vote as follows: DANIEL V.TRANSIER AYE KEN KOCH AYE MATT MAREK AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE SEAVER TARULIS AYE CRAIG SOLING AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 301h day of May, 2023. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the 301h day of May, 2023. 0 11 &Raj- CIT CLERK 4 Alderman Tarulis moved and Alderman Corneils 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: Marek, Funkhouser, Tarulis, Transier, Soling, Marek, Corneils, and Koch. 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. 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 301h day of May, 2023, insofar as same relates to the adoption of Ordinance No. 2023-20 entitled: AN ORDINANCE authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $11,000,000 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, for the purpose of paying the costs of enhancing the City's water delivery system. 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 30th day of May, 2023. (SEAL) _. ity er , United lty of Yorkville, Kenda 1 OQt y, Illinois [Attach Agenda as Exhibit A] STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) PETITION—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 $11,000,000 revenue bonds to provide funds for the enhancement of the City's water delivery system, including replacing existing water mains, constructing a new well, modifying the existing raw water main and water treatment plant and other capital improvements relating thereto, as provided for by the Ordinance adopted by the City Council of said City on the 301h day of May, 2023, with the revenue sources to be used to pay the principal of and interest on said revenue bonds to be the revenues of the City's water delivery system?"; 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 19th day of March, 2024: 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), Yorkville, Kendall County, Illinois, 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 , 2023. Illinois Notary Public My commission expires (NOTARY SEAL) STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) NO PETITION CERTIFICATE 1, 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 water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $11,000,000 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, for the purpose of paying the costs of enhancing the City's water delivery system, duly adopted by the City Council of the City (the "City Council") on the 30th day of May, 2023, notice of authorization of the City to issue not to exceed $11,000,000 Revenue Bonds was published on the 2nd day of June, 2023, 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 revenue bonds be submitted to the voters of the City,but that I provided a petition form regarding the same to every individual requesting one. �1 IN WITNESS WHEREOF, I hereunto affix my official signature, this 0 I da of , 2023. ity Cler 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 $11,000,000 general obligation alternate revenue bonds to provide funds for the enhancement of the City's water delivery system, including replacing existing water mains, constructing a new well, modifying the existing raw water main and water treatment plant and other capital improvements relating thereto, as provided for by the Ordinance adopted by the City Council of said City on the 30rh day of May, 2023, with the revenue sources to be used to pay the principal of and interest on said bonds to be (i) the net revenues derived from the operation of the City's water delivery system, (ii) all collections of any non-home rule "places for eating" sales tax imposed by the City and deposited into the City's Water Fund, and (iii) certain moneys on deposit from time to time in the funds and accounts held within the City's Water Fund, 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 19tn day of March, 2024: 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), Yorkville, Kendall County, Illinois, 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 , 2023. 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 water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $11,000,000 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, for the purpose of paying the costs of enhancing the City's water delivery system, duly adopted by the City Council of the City (the "City Council") on the 301h day of May, 2023, notice of authorization of the City to issue not to exceed $11,000,000 Alternate Revenue Bonds was published on the 2nd day of June, 2023, 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 J ( day of 2023. 11kA &W-14�f City Clerk CIT O a � United City of Yorkville 651 Prairie Pointe Drive EST. "^� 1836 Yorkville, Illinois 60560 0 �� o Telephone: 630-553-4350 www.yorkville.il.us <tE AGENDA SPECIAL CITY COUNCIL MEETING Tuesday, May 30, 2023 7:00 p.m. City Hall Council Chambers 651 Prairie Pointe Drive, 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 Craig Soling Matt Marek Rusty Corneils Establishment of Quorum: Amendments to Agenda: Presentations: 1. Police Commissioner Bob Johnson Recognition Public Hearings: 1. Bristol Ridge Solar Farm 105 & 106 Annexation Agreement Amendment Citizen Comments on Agenda Items: Consent Agenda: 1. Bill Payments for Approval $ 2,309,790.70 (vendors—FY 23) $ 504,053.71 (vendors—FY 24) $ 2,971.98 (wire payments) $ 388,055.12 (payroll period ending 05/12/2023) $ 3,204,871.51 (total) 2. PW 2023-42 Easement for Contract A Water Main— 1308 Game Farm Road—accept the easement and authorize the Mayor, City Clerk, and City Engineering to execute 3. PW 2023-46 Grande Reserve Unit 13 — Release of Guarantee—authorize the release of the remaining performance security in the amount of 887,600 4. PW 2023-47 Grande Reserve Unit 14—Release of Guarantee—authorize the release of the remaining performance security in the amount of S125,600 City Council Agenda May 30, 2023 Page 2 Consent Agenda (cont'd): 5. PW 2023-48 Grande Reserve Unit 23 — Release of Guarantee—authorize the release of the remaining performance security in the amount of S520,410.95 Mayor's Report: 1. CC 2023-23 Resolution Approving an Intergovernmental Agreement Between Yorkville Community Unit School District No. 115 and the United City of Yorkville for Pre-closing Possession of 800 Game Farm Road 2. CC 2023-25 Appointment to Boards and Commissions 3. CC 2023-30 Chief of Police Employment Contract 4. CC 2023-33 Ordinance Amending the Traffic Schedule and Index (East Main St. and McHugh Rd.) 5. CC 2023-34 Resolution Approving an Intergovernmental Agreement Between the Village of Oswego and the United City of Yorkville Regarding Joint Employment of a Training Coordinator 6. CC 2023-35 2023 Website Redesign—Design Concept Review 7. CC 2023-36 Parks and Recreation Playground Purchases a. Approval of Parks and Recreation Playground Purchases b. Ordinance Authorizing the Second Amendment to the Annual Budget of the United City of Yorkville, for the Fiscal Year Commencing on May 1, 2023 and Ending on April 30, 2024 8. CC 2023-37 Ordinance authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed $11,000,000 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, for the purpose of paying the costs of enhancing the City's water delivery system. 9. CC 2023-38 Green Door a. Ordinance Approving a Memorandu n of Understanding Between the United City of Yorkville, Kendall County, Illinois and Yorkville Nexus, LLC Relating to Engineering Services for Infrastructure Projects b. Ordinance Approving a Memorandum of Understanding Between the United City of Yorkville, Kendall County, Illinois and Yorkville Nexus, LLC, Relating to the Construction of Water and Sanitary Services c. Agreement for Professional Services Lincoln Prairie Water Main, Agreement for Professional Services Lincoln Prairie Sanitary Sewer—Corneils, and Agreement for Professional Services Lincoln Prairie Sanitary Sewer— South Public Works Committee Report: 1. PW 2023-43 Heartland Meadows—Consideration of Acceptance 2. PW 2023-44 2023 Sanitary Sewer Lining—Design and Construction Engineering Agreement 3. PW 2023-45 2024 Water Main Replacement—Design Engineering Agreements City Council Agenda May 30, 2023 Page 3 Public Works Committee Report (cont'd): 4. PW 2023-49 Supplemental MFT Resolution for Bulk Rock Salt 5. PW 2023-50 Purchase and Sale of Public Works Vehicles a. Approval of the Purchase and Sale of Public Works Vehicles b. Ordinance Authorizing the First Amendment to the Annual Budget of the United City of Yorkville, for the Fiscal Year Commencing on May 1, 2023 and Ending on April 30, 2024 Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: Park Board: Planning and Zoning Commission: City Council Report: City Clerk's Report: Community and Liaison Report: Staff Report: Mayor's Report (cont'd): 10. CC 2021-04 City Buildings Updates 11. CC 2021-38 Water Study Update Additional Business: Citizen Comments: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES -- ---------- -------------------------------------------------- ------- -------------------- -------------- - ------- ADMINISTRATION: June 21, 2023 -6_00 p.m. -East Conference Room-#337 _ -- Committee Departments Liaisons Chairman: Alderman Marek Finance Library Vice-Chairman: Alderman Plocher Administration Committee: Alderman Koch Committee: Alderman Corneils City Council Agenda May 30, 2023 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES (cont'd): - ------ -------------------- ------- -----—----------- ---- - -- - — ----- --- -------------------- ECONOMIC DEVELOPMENT: June 6- —: 2023 —6:00 m East Conference Room 4337 Committee Departments Liaisons Chairman: Alderman Plocher Community Development Planning& Zoning Commission Vice-Chairman: Alderman Funkhouser Building Safety & Zoning Kendall Co. Plan Commission Committee: Alderman Transier Committee: Alderman Tarulis ----------------------------------------------------------------------------------------------------------------------------- :PUBLIC SAFETY: July 6, 2023 —6:00 p.m.—East Conference Room #337 - ----------------------- --------- -------- - - ------ -- -- ---------- - Committee Departments Liaisons Chairman: Alderman Transier Police School District Vice-Chairman: Alderman Tarulis Committee: Alderman Soling Committee: Alderman Funkhouser ------------------------------------------------------------------------------------------------------------------------------------------------------------------- :PUBLIC WORKS: June 20, 2023—6:OO�m. —East Conference Room #337 ------------------------------------------- ---------------- Committee Departments Liaisons Chairman: Alderman Koch Public Works Park Board Vice-Chairman: Alderman Soling Engineering YBSD Committee: Alderman Marek Parks and Recreation Committee: Alderman Corneils ORDER 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 $11,000,000 General Obligation Alternate Revenue 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, and is now operating under the provisions of Illinois Municipal Code, as amended, and all laws amendatory thereof and supplementary thereto, including the Local Government Debt Reform Act of the State of Illinois, as amended(the "Debt Reform Act"); and WHEREAS, the City Council of the City (the "City Council") intends to sell bonds in the amount of not to exceed $11,000,000 (the "Bonds") for the purpose of providing funds for the enhancement of the City's water supply system, including replacing existing water mains, constructing a new well, modifying the existing raw water main and water treatment plant and other capital improvements relating thereto; and WHEREAS, the Bond Issue Notification Act of the State of Illinois, as amended, requires the City Council to hold a public hearing concerning the City Council's intent to sell the Bonds before adopting an ordinance providing for the sale of the Bonds and further requires that the governing body or the presiding officer of the governing body set the date, time, and location of such public hearing: Now, THEREFORE, Be It and It Is Hereby Ordered by the Mayor of the United City of Yorkville, Kendall County, Illinois, as follows: 1. Public Hearin. I hereby call a public hearing to be held at 7:00 o'clock P.M. on the 131h day of June, 2023, in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, concerning the City Council's intent to sell the Bonds and to receive public comments regarding the proposal to sell the Bonds (the "Hearing"). 2. Notice. I hereby direct the City Clerk (the "City Clerk") to (i) publish notice of the Hearing at least once in the Beacon-News, the same being a newspaper of general circulation in the City, not less than seven (7) nor more than thirty (30) days before the date of the Hearing and (ii) post at least 48 hours before the Hearing a copy of said notice at the principal office of the City Council. 3. Form of Notice. Notice of the Hearing shall appear above the name of the City Clerk and shall be in substantially the following form: -2- NOTICE OF PUBLIC HEARING CONCERNING THE INTENT OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS TO SELL NOT TO EXCEED$11,000,000,000 GENERAL OBLIGATION ALTERNATE REVENUE BONDS PUBLIC NOTICE is HEREBY GIVEN that the United City of Yorkville, KendallCounty,Illinois (the "City"), will hold a public hearing on the 13th day of June, 2023, at 7:00 o'clock P.M. The hearing will be held in the City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois. The purpose of the hearing will be to receive public comments on the proposal to sell general obligation alternate revenue bonds of the City in the amount of not to exceed$11,000,000 for the purpose of providing funds for the enhancement of the City's water supply system, including replacing existing water mains, constructing a new well, modifying the existing raw water main and water treatment plant and other capital improvements relating thereto. In accordance with Public Act 101-0640 and Gubernatorial Disaster Proclamation issued by Governor Pritzker pursuant to the powers vested in the Governor under the Illinois Emergency Management Agency Act,the City is encouraging social distancing by allowing remote attendance to the public hearing. Public comments on such proposal may be emailed to jbehlandL&yorkville.il.us. The City publishes a remote participation meeting link for every City meeting at https://www.,yorkville.il.us/520/Agendas-Minutes-Packets. Each meeting generally has a phone number for audio call-in, or a video meeting link. Residents who attend the meeting via phone or computer through the methods above, may speak during the public hearing. By order of the Mayor of the United City of Yorkville, Kendall County, Illinois. DATED the 301h day of May, 2023. Jori Behland City Clerk United City of Yorkville, Kendall County, Illinois Note to Publisher: Please be certain that this notice appears above the name of the City Clerk. -3- 4. Hearing Requirements. At the Hearing, the City Council shall explain the reasons for the proposed bond issue and permit persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits. The City Council shall not adopt an ordinance selling the Bonds for a period of seven (7) days after the final adjournment of the Hearing. ORDERED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the 301h day of May, 2023. fj� R -4-