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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 -_-'---_--'--'-----'_---_-'----------'--'-__---'-'__-'----_-----_-_-_-------'--_--__ --_-_- �Committee Departments Liaisons �����D�-�����������'-���-�Z ��;00���—����'���Conference Room ���Chairman: Alderman Mocher Community Development Planning & Zoning Commission Vice-Chairman: &WcnnnnFunNmuxcr Building Safety & Zoning Kendall Co. Plan Commission Committee: /\idermnnTrunoicc Committee: Alderman Turu|ia ----'---------------------------------------- —'---'-- �� lQ Conference 8�� #�� --------------- Committee Departments Liaisons Chairman: Alderman Transier Police School District \/ioe-[hninnuu: /\|deoonoTuru|im Committee: Alderman Soling Committee: /\|dunnnn [unkhouuur --------------------------__--------------------_—_-----------------___------_ _' —EastConference Room �3 ~-~----_.~~_-'-~.,~~~ 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