Ordinance 2024-17 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2024-17
AN ORDINANCE authorizing the borrowing by the United City of Yorkville,
Kendall County, Illinois of a Water Infrastructure Finance and Innovation Act
loan in an aggregate principal amount of not to exceed$160,000,000 from the
United States Environmental Protection Agency,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.
Adopted by the City Council on the
14"day of May, 2024
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 14tn
day of May, 2024.
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: None.
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 borrowing of a loan payable solely from the revenue derived from the operation of
the System or, in lieu thereof, payable from other revenue sources 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 borrow such funds.
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:
51950004.2
ORDINANCE 2024-17
AN ORDINANCE authorizing the borrowing by the United City of
Yorkville, Kendall County, Illinois of a Water Infrastructure
Finance and Innovation Act loan in an aggregate principal amount
of not to exceed $160,000,000 from the United States
Environmental Protection Agency, 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 by replacing existing water mains,
modifying the existing raw water main and water treatment plant and other capital improvements
relating to the System, and by constructing a new water supply line and connection to the DuPage
Water Commission for a new source of water(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
and other related banking fees and other expenses, does not exceed $160,000,000, 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, 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, the Debt Reform Act defines a bond as any instrument evidencing the
obligation to pay money authorized or issued by or on behalf of a governmental unit under
applicable law, including without limitation, bonds, notes, installment or financing contracts,
leases, certificates, tax anticipation warrants or notes, vouchers, and any other evidences of
indebtedness; and
WHEREAS,the City has applied to the United States Environmental Protection Agency(the
"EPA") for a Water Infrastructure Finance and Innovation Act loan(the"WIFIA Loan")to finance
the costs of the Project; 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 borrow
from the EPA the WIFIA Loan in an aggregate amount not to exceed$160,000,000 and(a)payable
from the revenue derived from the operation of the System(a"Revenue-Backed WIFIA Loan"), or
(b) in lieu thereof,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
2
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 borrowed at this time pursuant to the Debt Reform Act(an"Alternate Revenue
WIFIA Loan"); and
WHEREAS, as provided in the Debt Reform Act, if the Pledged Revenues are insufficient
to pay the principal and interest on the Alternate Revenue WIFIA Loan, 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 Revenue WIFIA
Loan; and
WHEREAS, the costs of the Project are expected to be paid for from the proceeds of the
Alternate Revenue WIFIA Loan which is authorized to be borrowed as an alternate bond 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 borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan,
the City is authorized to borrow the WIFIA Loan as an Alternate Revenue WIFIA Loan in an
aggregate principal amount not to exceed $160,000,000 for the purpose of providing funds to pay
the costs of the Project; and
WHEREAS, before the City can borrow the Revenue-Backed WIFIA Loan or, in lieu
thereof, the Alternate Revenue WIFIA Loan 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 borrowing of the Revenue-Backed WIFIA Loan or, in lieu thereof, the
Alternate Revenue WIFIA Loan for said purpose and directing that notice of such authorization
be published as provided by law.
3
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 Borrow the WIFIA Loan. 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 the
WIFIA Loan is hereby authorized to be borrowed from the EPA as a Revenue-Backed WIFIA
Loan in an aggregate principal amount not to exceed $160,000,000 or, in lieu thereof, as an
Alternate Revenue WIFIA Loan in an aggregate principal amount not to exceed $160,000,000.
The borrowing of the Revenue-Backed WIFIA Loan or, in lieu thereof, the Alternate Revenue
WIFIA Loan shall be subject to the right of backdoor petition for referendum as set forth herein
and the adoption of an ordinance setting forth the terms for the borrowing 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 1,572 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
borrowing of the WIFIA Loan as a Revenue-Backed WIFIA Loan 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 City shall be authorized to borrow the
WIFIA Loan as a Revenue-Backed WIFIA Loan. If such petition is filed with the City Clerk within
4
thirty (30) days after the date of publication of this Ordinance and the Notice, an election on the
proposition to borrow the WIFIA Loan as a Revenue-Backed WIFIA Loan shall be held on the 5ch
day of November, 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 1,179 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 borrowing of the WIFIA Loan as an Alternate
Revenue WIFIA Loan 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 City shall be
authorized to borrow the WIFIA Loan as an Alternate Revenue WIFIA Loan. 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 borrow the WIFIA Loan as an Alternate Revenue
WIFIA Loan shall be held on the 51h day of November, 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.
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 borrowing of the WIFIA Loan as a Revenue-Backed WIFIA
Loan be submitted to a referendum, the WIFIA Loan shall not be authorized to be borrowed as an
Alternate Revenue WIFIA Loan until such time as the borrowing of the WIFIA Loan as a Revenue-
Backed WIFIA Loan 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
5
Section 4. Form of Notice. The notice of the intention to borrow the WIFIA Loan as
a Revenue-Backed WIFIA Loan or, in lieu thereof, as an Alternate Revenue WIFIA Loan shall be
in substantially the following form:
6
NOTICE OF INTENT OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS
TO BORROW A WIFIA LOAN AS A$160,000,000 REVENUE-BACKED WIFIA LOAN
OR,IN LIEU THEREOF,AS AN$160,000,000 ALTERNATE REVENUE WIFIA LOAN
AND RIGHT TO FILE PETITION
PUBLIC NOTICE is hereby given that pursuant to an Ordinance (the "Ordinance") adopted
on the 141h day of May, 2024 by the City Council (the "City Council") of the United City of
Yorkville, Kendall County, Illinois (the "City"), the City intends to borrow a Water Infrastructure
Finance and Innovation Act loan (a "WIFIA Loan") from the United States Environmental
Protection Agency,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 S 160,000,000 and bearing
interest per annum at a rate not to exceed the maximum rate authorized by law at the time such
WIFIA Loan is borrowed (a "Revenue-Backed WIFIA Loan") or, in lieu thereof, a general
obligation alternate revenue WIFIA Loan in an aggregate amount of not to exceed $160,000,000
(the "Alternate Revenue WIFIA Loan"), for the purpose of providing funds for the enhancement
of the City's water delivery system, including, without limitation, replacing existing water mains,
modifying the existing raw water main and water treatment plant and other capital improvements
relating to the System, and for the construction of a new water supply line and connection to the
DuPage Water Commission for a new source of water.
The revenue sources for the payment of an Alternate Revenue WIFIA Loan 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 an Alternate Revenue WIFIA Loan,
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 such Alternate Revenue
WIFIA Loan. 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 1,572 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 borrowing of the WIFIA Loan as a Revenue-Backed WIFIA
Loan 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 borrow
the WIFIA Loan as a Revenue-Backed WIFIA Loan shall be held on the 5th day of November,
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 borrow the WIFIA Loan as a Revenue-Backed WIFIA Loan 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 1,179 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 borrowing of the WIFIA Loan as an Alternate Revenue WIFIA Loan 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 borrow the WIFIA Loan as an Alternate
Revenue WIFIA Loan shall be held on the 5th day of November, 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 borrow the WIFIA Loan as an Alternate Revenue WIFIA Loan
for the purpose hereinabove provided.
By order of the City Council of the United City of Yorkville, Kendall County, Illinois.
DATED this 141h day of May, 2024.
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 borrowing of the
WIFIA Loan as a Revenue-Backed WIFIA Loan or, in lieu thereof, as an Alternate Revenue
WIFIA Loan 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 borrowing of the WIFIA Loan as a
Revenue-Backed WIFIA Loan or, in lieu thereof, as an Alternate Revenue WIFIA Loan and
prescribing all the details of the Revenue-Backed WIFIA Loan or, in lieu thereof, the Alternate
Revenue WIFIA Loan, so long as the maximum amount of the Revenue-Backed WIFIA Loan or,
in lieu thereof, the Alternate Revenue WIFIA Loan 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 borrowing of the WIFIA Loan as a
Revenue-Backed WIFIA Loan or, in lieu thereof, as an Alternate Revenue WIFIA Loan 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 141h day of May, 2024, pursuant to a roll call vote as
follows:
DANIEL V.TRANSIER AYE KEN KOCH AYE
MATT MAREK AYE ARDEN.TOE 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
14th day of May, 2024.
MAY
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the
141h day of May, 2024.
QQ u=&- lk*uo 0i
ITY 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: Plocher, 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.
�A kmj
City Clerk
STATE OF ILLINOIS
) SS
COUNTY OF KENDALL )
CERTIFICATION OF MINUTES AND ORDINANCE
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 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 141h day of May, 2024, insofar as same
relates to the adoption of Ordinance No. 2024-17 entitled:
AN ORDINANCE authorizing the borrowing by the United City of
Yorkville, Kendall County, Illinois of a Water Infrastructure
Finance and Innovation Act loan in an aggregate principal amount
of not to exceed $160,000,000 from the United States
Environmental Protection Agency, 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 14th day of May, 2024.
(SEAL) C7�1%-i)-�' APAAAII�Al -
Cit Cler , United City of Yorkville, Kendall
Cou llinois
[Attach Agenda as Exhibit A]
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
PETITION—REVENUE-BACKED WIFIA LOAN
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 borrow a Water Infrastructure Finance and
Innovation Act loan ("WIFIA Loan") from the United States Environmental Protection Agency in
an aggregate amount not to exceed $160,000,000 to provide funds for the enhancement of the
City's water delivery system, including, without limitation, replacing existing water mains,
modifying the existing raw water main and water treatment plant and other capital improvements
relating to the System, and for the construction of a new water supply line and connection to the
DuPage Water Commission for a new source of water, as provided for by the Ordinance adopted
by the City Council of said City on the 141h day of May, 2024, with the revenue sources to be used
to pay the principal of and interest on said WIFIA Loan 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 5ch day of November, 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 , 2024.
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 borrowing by the United City of
Yorkville, Kendall County, Illinois of a Water Infrastructure
Finance and Innovation Act loan in an aggregate principal amount
of not to exceed $160,000,000 from the United States
Environmental Protection Agency, 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 141" day of May, 2024,
notice of authorization of the City to borrow a Revenue-Backed WIFIA Loan in an aggregate
amount not to exceed $160,000,000 was published on the 17r" day of May, 2024, 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 borrow said Revenue-
Backed WIFIA Loan be submitted to the voters of the City, but that I provided a petition form
regarding the same to every individual requesting one.
S�
IN WITNESS WHEREOF, I hereunto affix my official signature, this day of ,
2024.
City Clerk
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
PETITION—ALTERNATE REVENUE WIFIA LOAN
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 borrow a Water Infrastructure Finance and
Innovation Act loan ("WIFIA Loan") from the United States Environmental Protection Agency in
an aggregate amount not to exceed $160,000,000 to provide funds for the enhancement of the
City's water delivery system, including, without limitation, replacing existing water mains,
modifying the existing raw water main and water treatment plant and other capital improvements
relating to the System, and for the construction of a new water supply line and connection to the
DuPage Water Commission for a new source of water, as provided for by the Ordinance adopted
by the City Council of said City on the 141h day of May, 2024, with the revenue sources to be used
to pay the principal of and interest on said WIFIA Loan 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 (ill) 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 WIFIA Loan, 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 51h day of November, 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 , 2024.
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 borrowing by the United City of
Yorkville, Kendall County, Illinois of a Water Infrastructure
Finance and Innovation Act loan in an aggregate principal amount
of not to exceed $160,000,000 from the United States
Environmental Protection Agency, 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 141h day of May, 2024,
notice of authorization of the City to borrow an Alternate Revenue WIFIA Loan in an aggregate
amount not to exceed $160,000,000 was published on the 17th day of May, 2024, 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 borrow said Alternate
Revenue WIFIA Loan be submitted to the voters of the City, but that I provided a petition form
regarding the same to every individual requesting one.
t
IN WITNESS WHEREOF, I hereunto affix my official signature,this I day of
2024.
City Clerk
,�O�a c/rr
United City of Yorkville
651 Prairie Pointe Drive
EST ^�. `----.,, 1836
Yorkville, Illinois 60560
o Telephone: 630-553-4350
www.yorkville.il.us
LE
AGENDA
CITY COUNCIL MEETING
Tuesday, May 14, 2024
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:
Public Hearings:
1. Kelaka, LLC—Annexation
2. Hagemann—Annexation
3. Blackberry Oaks—Annexation
Citizen Comments on Agenda Items:
Consent Agenda:
1. Minutes of the Regular City Council—April 23, 2024
2. Bill Payments for Approval
$ 691,670.11 (vendors—FY 24)
$ 172,644.62 (vendors—FY 25)
$ 159,263.43 (wire payments)
$ 375,552.13 (payroll period ending 04/26/24)
$ 1,399,130.29 (total)
Mayor's Report:
1. CC 2024-34 Resolution Authorizing the Execution of an Intergovernmental Agreement Providing for
the Sharing of Costs and Funding for the Construction of Facilities to Transport Lake Michigan Water
to the Village of Oswego, Kendall and Will Counties, Illinois, The United City of Yorkville, Kendall
County, Illinois, and the Village of Montgomery, Kane and Kendall Counties, Illinois
City Council Agenda
May 14, 2024
Page 2
Mayor's Report (cont'd):
2. CC 2024-35 Ordinance Amending Title 3, Chapter 3 of the Code of Ordinances Creating a New
Liquor License Class and Fee (Water Parks)
3. CC 2024-36 Resolution Approving an Agreement for Land Acquisition Consulting Services with
Mathewson Right of Way Company
4. CC 2024-37 Ordinance Approving a Lease Agreement for Certain Real Estate in the United City of
Yorkville, Kendall County, Illinois (We are Called to Care)
5. CC 2024-38 Resolution Authorizing Participation in Progressive Energy Group (PEG) and Authorizing
the Finance Director to Approve a Contract With the Lowest Cost Electricity Provider by Rate
Classification for a Period Up To 48 Months
6. CC 2024-39 2024 Bond— Municipal Advisor and Bond Council Engagement Letters
7. CC 2024-40 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$25,000,000 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.
8. CC 2024-41 Ordinance authorizing the borrowing by the United City of Yorkville, Kendall County,
Illinois of a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of
not to exceed $160,000,000 from the United States Environmental Protection Agency, 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 2024-42 Ordinance authorizing the issuance of general obligation alternate revenue bonds of the
United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed
$40,000,000 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 the acquisition of one or more parcels of real property and the construction of a
new public works facility on any portion thereof.
10. CC 2024-43 Ordinance Authorizing the Acquisition of Certain Easements for the Construction of
Water Mains
Public Works Committee Report:
Economic Development Committee Report:
1. EDC 2024-30 East Village of Westbury
a. Ordinance Repealing a Planned Unit Development Agreement for the East Village of Westbury
b. Ordinance Approving a Memorandum of Understanding Regarding the East Village of
Westbury
Public Safety Committee Report:
Administration Committee Report:
City Council Agenda
May 14, 2024
Page 3
Park Board:
Planning and Zoning Commission:
1. PZC 2024-05 & EDC 2024-19 Corneils Solar Farm
a. Ordinance Annexing Certain Territory Generally Located Immediately North of Corneils
Road, East of Beecher Road, and West of IL State Route 47
(Corneils Road Solar, LLC—Solar Farm)
b. Ordinance Approving a Special Use for a Solar Farm with Freestanding Solar Energy Systems
(Corneils Road Solar)
c. Ordinance Approving the Rezoning to the A-I Agricultural Zoning District of Certain Territory
Generally Located Immediately North of Corneils Road, East of Beecher Road, and West of
IL State Route 47
(Corneils Road Solar, LLC —Solar Farm)
2. PZC 2024-09 & EDC 2024-32 Kendall County Petition 24-04— 1.5 Mile Review (1520 Cannonball
Trail)
3. PZC 2024-10 & EDC 2024-33 Kendall County Petition 24-05 — 1.5 Mile Review (7709 and 7731
Bentgrass Circle— Lots 223 and 224 of Whitetail Ridge)
4. PZC 2024-1 1 & EDC 2024-34 Kendall County Petition 24-06— 1.5 Mile Review (7789 Route 47)
5. PZC 2024-13 Ordinance Approving an Amendment to the Yorkville Unified Development Ordinance
Regarding Park and Recreation and School Site Dedication (Land Cash)
City Council Report:
City Clerk's Report:
Community and Liaison Report:
Staff Report:
Mayor's Report (cont'd):
11. CC 2021-04 City Buildings Updates
12. CC 2021-38 Water Study Update
Additional Business:
Citizen Comments:
Executive Session:
Adjournment:
City Council Agenda
May 14, 2024
Page 4
COMMITTEES, MEMBERS AND RESPONSIBILITIES
Committee Departments Liaisons
Chairman: /\kicrmunMurok Finance Library
Vice-Chairman: Alderman Pioohcr Administration
Cononniticc: Alderman Koch
Committee: /\1dcomunCooncUa
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Vice-Chairman: &WcnnnnFunNmuxcr Building Safety & Zoning Kendall Co. Plan Commission
Committee: /\idermnnTrunoicc
Committee: Alderman Turu|ia
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Committee Departments Liaisons
Chairman: Alderman Transier Police School District
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Committee: Alderman Soling
Committee: /\|dunnnn [unkhouuur
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Committee Departments Liaisons
Chairman: Alderman Koch Public Works Park Board
Vice-Chairman: Alderman Soling Engineering `yB8D
Committee: /\|deoouu Marck Parks and Rcon:o1iou
Connrndtcc: A|dsnmauCocuei|o