Ordinance 2025-76UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2025-76
AN ORDINANCE AUTHORIZING THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS TO BORROW FUNDS FROM THE PUBLIC
WATER SUPPLY LOAN PROGRAM
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 10`h day of November, 2025
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on November 19, 2025.
STATE OF ILLINOIS
COUNTY OF KENDALL
FILED
NOV i y 2025
KENDALL
COUNTY COUNTY
t,(�,� HEN�ALL COUNFY
Ordinance No. 2025-76
AN ORDINANCE AUTHORIZING THE UNTIED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS TO SORROW FUNDS FROM THE PUBLIC
WATER SUPPLY LOAN PROGRAM
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is duly
organized and validly existing non -home rule municipality created in accordance with the
Constitution of Illinois of 1970 and the laws of the State; and
WHEREAS, the City operates its public water supply system ("the System") and in
accordance with the provisions of the Illinois Municipal Code, 65 ILCS 5/11-129-1 and the Local
Government Debt Reform Act, 30 ILCS 350/1 (collectively, "the Act"), and
WHEREAS, the MAYOR AND CITY COUNCIL of the City ("the Corporate
Authorities") have determined that it is advisable, necessary and in the best interests of public
health, safety and welfare to improve the System, including the following:
A Water Main Replacement Program to be undertaken in calendar year 2026
together with any land or rights in land and all electrical, mechanical or other services necessary,
useful or advisable to the construction and replacement of water mains ("the Project"), all in
accordance with the plans and specifications prepared by consulting engineers of the City; which
Project has a useful life of one hundred (100) years ; and
WHEREAS, the estimated cost of construction and installation of the Project, including
engineering, legal, financial and other related expenses is $8,000,000, and there are insufficient
funds on hand and lawfully available to pay these costs; and
WHEREAS, the loan shall bear an interest rate as defined by 35 Ill. Adm. Code 662,
which does not exceed the maximum rate authorized by the Bond Authorization Act, as amended,
30 ILCS 305/0.01 et seq., at the time of the issuance of the loan; and
Ordinance No. 2025-76
Page 2
WHEREAS, the principal and interest payment shall be payable semi-annually, and the
loan shall mature in thirty (30) years, which is within the period of useful life of the Project; and
WHEREAS, the costs are expected to be paid for with a loan to the City from the Public
Water Supply Loan Program through the Illinois Environmental Protection Agency, the loan to
be repaid from: (i) the net revenues derived from the operation of the water supply system; (ii) all
collections of any non -home rule "places of eating" tax imposed and collected 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 Water Fund (collectively, "Pledged Revenues"). The loan is
authorized to be accepted at this time pursuant to the Act; and
WHEREAS, in accordance with the provisions of the Act, the City is authorized to borrow
funds from the Public Water Supply Loan Program in the aggregate principal amount of
$8,000,000 to provide funds to pay the costs of the Project;
WHEREAS, the loan to the City shall be made pursuant to a Loan Agreement, including
certain terms and conditions, between the City and the Illinois Environmental Protection Agency;
NOW THEREFORE, be it ordained by the Corporate Authorities of the United City of
Yorkville, Kendall County, Illinois, as follows:
SECTION 1. INCORPORATION OF PREAMBLES
The Corporate Authorities hereby find that the recitals contained in the preambles are true
and correct, and incorporate them into this Ordinance by this reference.
SECTION 2. DETERMINATION TO BORROW FUNDS
It is necessary and in the best interests of the City to construct the Project for the public
health, safety and welfare, in accordance with the plans and specifications, as described; that the
System continues to be operated in accordance with the provision of the Act; and that for the
Ordinance No. 2025-76
Page 3
purpose of constructing the Project, it is hereby authorized that funds be borrowed by the City in
an aggregate principal amount (which can include construction period interest financed over the
term of the loan) not to exceed $8,000,000.
SECTION 3. PUBLICATION
This Ordinance, together with a Notice in the statutory form (attached hereto as Exhibit
A), shall be published once within ten days after passage in The Beacon, a newspaper published
and of general circulation in the City, and if no petition, signed by electors numbering 10% or
more of the registered voters in the City (i.e., 1,723) asking that the question of improving the
System as provided in this Ordinance and entering into the Loan Agreement therefore be
submitted to the electors of the City, is filed with the City Clerk within 30 days after the date of
publication of this Ordinance and notice, then this Ordinance shall be in full force and effect. A
petition form shall be provided by the City Clerk to any individual requesting one.
SECTION 4. ADDITIONAL ORDINANCES
If no petition meeting the requirements of the Act and other applicable laws is filed during
the 30-day petition period, then the Corporate Authorities may adopt additional ordinances or
proceedings supplementing or amending this Ordinance providing for entering into the Loan
Agreement with the Illinois Environmental Protection Agency, prescribing all the details of the
Loan Agreement, and providing for the collection, segregation and distribution of the Pledged
Revenues, so long as the maximum amount of the Loan Agreement as set forth in this Ordinance
is not exceeded and there is no material change in the Project or purposes described herein. Any
additional ordinances or proceedings shall in all instances become effective in accordance with
the Act or other applicable law. This Ordinance, together with such additional ordinances or
proceedings, shall constitute complete authority for entering into the Loan Agreement under
Ordinance No. 2025-76
Page 4
applicable law.
However, notwithstanding the above, the City may not adopt additional ordinances or
amendments which provide for any substantive or material change in the scope and intent of this
Ordinance, including but not limited to interest rate, preference, or priority of any other ordinance
with this Ordinance, parity of any other ordinance with this Ordinance, or otherwise alter or impair
the obligation of the City to pay the principal and interest due to the Public Water Supply Loan
Program without the written consent of the Illinois Environmental Protection Agency.
SECTION 5. LOAN NOT INDEBTEDNESS OF THE CITY
Repayment of the loan to the Illinois Environmental Protection Agency by the City
pursuant to this Ordinance is to be solely from the revenue derived from the Pledged Revenues,
and the loan does not constitute an indebtedness of the City within the meaning of any
constitutional or statutory limitation.
SECTION 6. APPLICATION FOR LOAN
The City Administrator is hereby authorized to make application to the Illinois
Environmental Protection Agency for a loan through the Public Water Supply Loan Program, in
accordance with the loan requirements set out in 35 Ill. Adm. Code 662.
SECTION 7. ACCEPTANCE OF LOAN AGREEMENT
The Corporate Authorities hereby authorize acceptance of the offer of a loan through the
Public Water Supply Loan Program, including all terms and conditions of the Loan Agreement as
well as all special conditions contained therein and made a part thereof by reference. The
Corporate Authorities further agree that the loan funds awarded shall be used solely for the
purposes of the Project as approved by the Illinois Environmental Protection Agency in
accordance with the terms and conditions of the Loan Agreement.
Ordinance No. 2025-76
Page 5
SECTION 8. OUTSTANDING BONDS
The City has outstanding bonds, payable from revenues of the system, that are senior to
the loan authorized by this Ordinance, and the City establishes an account, coverage and reserves
equivalent to the account(s), coverage(s) and reserve(s) as the senior lien holders in accordance
with 35 I11. Adm. Code 662.350(a)(9)(C)(PWS).
SECTION 9. AUTHORIZATION OF MAYOR TO EXECUTE LOAN AGREEMENT
The Mayor is hereby authorized and directed to execute the Loan Agreement with the
Illinois Environmental Protection Agency. The Corporate Authorities may authorize by resolution
a person other than the Mayor for the sole purpose of authorizing or executing any documents
associated with payment requests or reimbursements from the Illinois Environmental Protection
Agency in connection with this loan.
SECTION 10. SEVERABILITY
If any section, paragraph, clause or provision of this Ordinance is held invalid, the
invalidity of such section, paragraph, clause or provision shall not affect any of the other
provisions of this Ordinance.
SECTION 11. REPEALER
All ordinances, resolutions or orders, or parts thereof, which conflict with the provisions
of this Ordinance are, to the extent of such conflict, hereby repealed.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Ordinance No. 2025-76
Page 6
PASSED by the Corporate Authorities
on November 10, 2025.
Approved Nov 11, 2025.
MAYOR
United City of Yorkville
Kendall, County, Illinois
KEN KOCH
AYE
DAN TRANSIER
AYE
ARDEN JOE PLOCHER
AYE
CRAIG SOLING
ABSENT
CHRIS FUNKHOUSER
AYE
MATT MAREK
AYE
RUSTY HYETT
AYE
RUSTY CORNEILS
AYE
PUBLISHED in The Beacon on N_ O R i� , 2025.
RECORDED in the City's Records on _ ryt l a , 2025.
ATTEST:
)A/tc-)
i Clerk
ted City of Yorkville
Kendall County, Illinois
Exhibit A
Ordinance No. 2025-76
Page 7
NOTICE OF INTENT TO SORROW FUNDS
AND RIGHT TO FILE PETITION
NOTICE IS HEREBY GIVEN that, pursuant to Ordinance Number 2025-76, adopted on November
10, 2025, the United City of Yorkville, Kendall County, Illinois (the "ENTITY"), intends to enter
into a Loan Agreement with the Illinois Environmental Protection Agency in an aggregate principal
amount not to exceed $8,000,000 and bearing annual interest at an amount not to exceed the maximum
rate authorized by law at the time of execution of the Loan Agreement, for the purpose of paying the
cost of certain improvement to the public water supply system of the City. A complete copy of the
Ordinance accompanies this notice.
NOTICE IS HEREBY FURTHER GIVEN that if a petition signed by 1,723 or more electors of the
City (being equal to 10% of the registered voters in the City), requesting that the question of
improving the public water supply system and entering into the Loan Agreement is submitted to the
City Clerk within 30 days after the publication of this Notice, the question of improving the public
water supply system of the City as provided in the Ordinance and Loan Agreement shall be submitted
to the electors of the City at the next election to be held under general election law on November 3,
2026. A petition form is available from the office of the City Clerk.
N�yClerk�/�
United City of Yorkville
Kendall County, Illinois
CIS
T STAOF ILLIN
O1 KENDALL
PILED
NOV 19 2025
""�°" "�C • COUNTY CLERK
KENDALL COUNTY