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Ordinance 2004-35ORDINANCE NO.c—>-X b+3 S- AN ORDINANCE providing for and requiring the submission of the proposition of issuing General Obligation Bonds to the voters of the United City of Yorkville, Kendall County, Illinois, at the general election to be held on the 2nd day of November,2004. WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly incorporated and existing municipality created under the provisions of the laws of the State of Illinois, and is now operating under the provisions of the Illinois Municipal Code, and all laws amendatory thereof and supplementary thereto (the "Act"); and WHEREAS, the needs of the City require the expenditure of the amount of not to exceed 8,750,000 to improve and provide equipment for the existing Yorkville Public Library and for expenses incidental thereto (the "Project"), all in accordance with the estimate of cost heretofore approved by the City Council of the City (the "City Council") and now on file in the office of the City Clerk of the City(the "City Clerk"); and WHEREAS, before the City Council can construct and equip the Project and borrow money and issue bonds for such purpose, a proposition therefor must be submitted to the voters of the City and be approved by a majority of the voters of the City voting on such proposition at an election to be held in and for the City and it is deemed advisable, necessary and in the best interests of the City that a proposition therefor be submitted to the voters of the City at an election to be held and conducted in accordance with the general election law: Now, THEREFORE, Be It Ordained by the City Council of the United City of Yorkville, Kendall County,Illinois, as follows: Section 1. That 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. That it is necessary and in the best interests of the City that the City Council be authorized to construct and equip the Project, and that it is necessary and in the best interests of the City that money be borrowed and in evidence thereof bonds of the City be issued therefor to the amount of not to exceed$8,750,000. Section 3. That the proposition hereinabove referred to be submitted to the voters of the City in accordance with the general election law at the general election to be held on Tuesday, the 2nd day of November, 2004, between the hours of 6:00 o'clock A.M. and 7:00 o'clock P.M. on said day (the "Election"). Section 4 That the Election shall be held in the voting precincts and at the polling places established by the County Board(the "County Board") of The County of Kendall,Illinois the "County"), for voters of the City at the Election. Section 5. That the County Clerk of the County(the "County Clerk") shall give notice of the Election (the "Notice") in accordance with the general election law by (i)publishing the Notice once not more than 30 nor less than 10 days prior to the date of the Election in a local, community newspaper having general circulation in the City, and (ii) posting a copy of the Notice at least 10 days before the date of the Election at the principal office of the County Clerk. Section 6. That the City Clerk shall post a copy of the Notice at the principal office of the City. Section 7 That it is hereby found and determined that the Kendall County Record is a local, community newspaper having general circulation in the City as required by Section 12-5 of the Election Code of the State of Illinois, as amended(the "Election Code"). Section 8. That the Notice shall appear over the name or title of the County Clerk and shall be substantially in the following form: 2- NOTICE IS HEREBY GIVEN that at the general election to be held on Tuesday, the 2nd day of November, 2004, the following proposition will be submitted to the voters of the United City of Yorkville, Kendall County,Illinois: Shall bonds in the amount of not to exceed $8,750,000 be issued by the United City of Yorkville, Kendall County, Illinois, for the purpose of improving and equipping the existing Yorkville Public Library and for expenses incidental thereto, said bonds bearing interest at the rate not to exceed 9%per annum? The polls at the election will be open at 6:00 o'clock A.M. and will continue to be open until 7:00 o'clock P.M. of that day. Dated this day of 2004. s/ County Clerk,The County of Kendall, Illinois Section 9. That the ballot to be used at the Election shall be in substantially the following form, with such necessary alterations, changes, deletions and insertions as may be required by Articles 24A or 24B of the Election Code if an electronic, mechanical or electric voting system is used at the Election: 3- Face of Ballot) OFFICIAL BALLOT PROPOSITION TO ISSUE NOT TO EXCEED$8,750,000 GENERAL OBLIGATION BONDS INSTRUCTIONS TO VOTERS: Mark a cross X) in the space opposite the word indicating the way you desire to vote.) Shall bonds in the amount of not to exceed $8,750,000 be issued by the YES United City of Yorkville, Kendall County, Illinois, for the purpose of improving and equipping the existing Yorkville Public Library and for expenses NO incidental thereto, said bonds bearing interest at the rate not to exceed 9% per annum? Back of Paper Ballot) OFFICIAL BALLOT Official ballot for voting on the proposition to issue General Obligation Bonds of the United City of Yorkville, Kendall County, Illinois, at the general election held on November 2,2004. Precinct Number: Polling Place: Facsimile Signature) County Clerk,The County of Kendall, Illinois 4- Section 10. That the Election shall be conducted by the election judges appointed by the County Board to act in the precincts at which said proposition will be submitted to the voters of the City. Section 11. That after the adoption hereof and not less than 61 days prior to the date of the Election, the City Clerk shall certify a copy hereof to the County Clerk in order that the proposition set forth herein may be submitted to the voters of the City at the Election. Section 12 That the Election shall be held and conducted and the returns thereof duly canvassed, all in the manner and time as provided by the general election law. Section 13. That 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. 5- Section 14. That all ordinances and resolutions and parts thereof 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 b the City Council on theYY day of ;;;._ 2004, pursuant to a roll call vote as follows: PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT N JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the-22 day of ,:,c 2004. MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois,the 22 day of;, 2004. Att - CITY LERK 6- MINUTES of the regular public meeting of the City Council of the United City of Yorkville, Kendall County, Illinois, held in the Council Chambers at City Hall, 800 Game Farm Road, Yorkville, Illinois, in said City, at 7:00 o'clock P.M., on the _ day of 2004. The meeting was called to order by the Mayor and upon the roll being called, Arthur Prochaska, Jr., the Mayor, and the following Aldermen at said location answered present: and the following Aldermen were absent: K e_, Various business was conducted. The Mayor announced that the City Council would next consider the adoption of an ordinance providing for and requiring the submission of the proposition of issuing General Obligation Bonds to the voters of the City at the general election to be held on November 2, 2004. Whereupon presented and the City Clerk read in full an ordinance as follows: 1696098.01.03.B 0000400•KK•6/2/04 Alderman moved and Alderman seconded the motion that said ordinance as presented and read by the City Clerk be adopted. After a full discussion thereof, the Mayor directed that the roll be called for a vote upon the motion to adopt said ordinance as read. Upon the roll being called, the following Aldermen voted AYE: 4 e and the following Aldermen voted NAY: Whereupon the Mayor declared the motion carried and the ordinance adopted and did sign and approve the same in open meeting and did direct the City Clerk to record the same 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 the meeting. Upon motion duly made, seconded and carried,the meeting was adjourned. C k STATE OF ILLINOIS SS COUNTY OF KENDALL CERTIFICATION OF MINUTES 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 officer I am the keeper of the books,records,files, and journal of proceedings of the City and of the City Council thereof(the "City Council"). I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the City Council held on the c-j;t day o 2004, insofar as the same relates to the adoption of Ordinance No.apyy'3S en itled: AN ORDINANCE providing for and requiring the submission of the proposition of issuing General Obligation Bonds to the voters of the United City of Yorkville, Kendall County, Illinois, at the general election to be held on the 2nd day of November, 2004. 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 48 hours in advance of the holding of said meeting, that said agenda contained a separate specific item concerning the proposed adoption of the ordinance, a true, correct and complete copy of said agenda as so posted being attached to this certificate as Exhibit A, that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, the Illinois Municipal Code, as amended, and the Election Code of the State of Illinois, as amended, and that the City Council has complied with all of the provisions of said Act and said Codes and with all of the procedural rules of the City Council. There is hereby certified to the County Clerk of The County of Kendall, Illinois for submitting to the voters of the City at the general election to be held on the 2nd day of November, 2004, the proposition set forth in said ordinance, which said ordinance was duly adopted by the City Council on the day of 2004. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City, this a day ofv 2004. Cl SEAL) 2- STATE OF ILLINOIS SS COUNTY OF KENDALL FILING CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk of The County of Kendall, Illinois (the "County"), and as such official I do further certify as follows: 1. That on the-X:Tt day ofJ.,um-axy, 2004, there was filed in my office a duly certified copy of an ordinance entitled: AN ORDINANCE providing for and requiring the submission of the proposition of issuing General Obligation Bonds to the voters of the United City of Yorkville, Kendall County, Illinois, at the general election to be held on the 2nd day of November,2004. duly adopted by the City Council of the United City of Yorkville, Kendall County, Illinois, on the7?,)f' day of JGLA/IC. 2004, and that the same has been deposited in the official files and records of my office. 2. That included in said certification were the form of public question (the Question") to be placed on the ballot at the general election to be held on the 2nd day of November, 2004 (the "Election"), and the date on which the Question was initiated by the adoption of said ordinance. 3. That the Question will be submitted to the voters of the City at the Election. 4. That notice that the Question will be submitted to the voters of the City at the Election (the "Notice") will be given as required by Section 12-5 of the Election Code of the State of Illinois, as amended,by (a) publishing the Notice once not more than 30 nor less than 10 days prior to the date of the Election inKe ly( Ccv- k(nga local, community newspaper having general circulation in the City, and (b) posting a copy of the Notice at my principal office at least 10 days before the date of the Election, as set forth in Section 5 of said ordinance, and that the Notice will be substantially in the form set forth in Section 8 of said ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the County Clerk, this day of 2004. County Clerk,The County of Kendall, Illinois SEAL) i VVV 2- NOTICE OF ELECTION NOTICE Is HEREBY GIVEN that at the general election to be held on Tuesday, the 2nd day of November, 2004, the following proposition will be submitted to the voters of the United City of Yorkville,Kendall County,Illinois: Shall bonds in the amount of not to exceed $8,750,000 be issued by the United City of Yorkville, Kendall County, Illinois, for the purpose of improving and equipping the existing Yorkville Public Library and for expenses incidental thereto, said bonds bearing interest at the rate not to exceed 9%per annum? The polls at the election will be open at 6:00 o'clock A.M. and will continue to be open until 7:00 o'clock P.M. of that day. Dated this day of 2004. County Clerk,The County of Kendall, Illinois COUfVTy OF ILLINOIS JUN 3 0 2004 1" County Clerk t Kendall County 4 4 United City of Yorkville County Seat of Kendall CountyEST. 1Z 1836 800 Game Farm Road 0 Yorkville, Illinois 60560 O Gi \ Q Phone:630-553-4350 Fax:630-553-7575 CERTIFIED COPY AFFIDAVIT I, Elizabeth-A.D'Anna,Deputy Clerk in and for the United City of Yorkville, Kendall County, State of Illinois, and Legal Custodian of the records, files and seal of said City do hereby certify this is a full and complete copy of the original document identified as Ordinance No. 2004-35 An Ordinance providing for and requiring the submission of the proposition of issuing General Obligation Bonds to the voters of the United City of Yorkville, Kendall County,Illinois, at the general election to be held on the 2nd day of November,2004 filed in my office on June 22, 2004. Dated this 1 day of 2004. Elizabet A. D'Anna,Deputy Clerk SEAL