City Council Packet 2026 01-13-26
AGENDA
CITY COUNCIL MEETING
Tuesday, January 13, 2026
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 Rusty Corneils
Dan Transier Craig Soling Matt Marek Rusty Hyett
Establishment of Quorum:
Amendments to Agenda:
Presentations:
Public Hearings:
1. Yorkville School District 115 – Annexation Agreement
Citizen Comments on Agenda Items:
Consent Agenda:
1. Minutes of the Regular City Council – December 9, 2025
2. Bill Payments for Approval
$ 4,498,594.08 (vendors)
$ 4,964,334.00 (wire payments)
$ 484,221.40 (payroll period ending 12/05/25)
$ 458,889.99 (payroll period ending 12/19/25)
$ 469,173.42 (payroll period ending 01/02/26)
$ 10,875,212.89 (total)
Mayor’s Report:
1. CC 2026-01 Resolution Approving a Settlement Agreement (Whispering Meadows Community
Association, Inc.)
United City of Yorkville
651 Prairie Pointe Drive
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
City Council Agenda
January 13, 2026
Page 2
Mayor’s Report (cont’d):
2. CC 2026-02 Ordinance authorizing the borrowing of an aggregate principal amount of not to exceed
$170,000,000 from the United States Environmental Protection Agency for the purpose of paying
eligible costs of enhancing the City’s water delivery system; authorizing and providing for the
execution and delivery of a WIFIA Loan Agreement and WIFIA Term Sheet relating to such loan;
authorizing and providing for the issuance of a general obligation alternate revenue bond in evidence
of such borrowing; providing for the imposition of taxes to pay the same and for the collection,
segregation and distribution of the net revenues derived by the City from its water delivery system
for the payment of said bond; authorizing the issuance of the bond to the United States Environmental
Protection Agency; authorizing the establishment of a bond fund and accounts therein for the payment
of such bond; and authorizing certain related actions in connection with the issuance of such bond.
Public Works Committee Report:
Economic Development Committee Report:
1. EDC 2025-65 Ordinance Establishing the Special Service Area Number 2025-02 in the United City of
Yorkville, Kendall County, Illinois and Providing for Other Procedures in Connection Therewith
(QuikTrip)
2. EDC 2025-66 Ordinance Establishing the Special Service Area Number 2025-01 in the United City of
Yorkville, Kendall County, Illinois and Providing for Other Procedures in Connection Therewith
(Costco)
Public Safety Committee Report:
Administration Committee Report:
Park Board:
Planning and Zoning Commission:
City Council Report:
City Clerk’s Report:
Community and Liaison Report:
Staff Report:
Mayor’s Report (cont’d):
3. CC 2025-08 Public Works and Parks Department Facility Update
a. Resolution Approving an Amendment to a Professional Services Agreement with
Kluber, Inc. for the Design of a Public Work Facility
4. CC 2025-09 Lake Michigan Water Project Update
Additional Business:
Citizen Comments:
Executive Session:
Adjournment:
City Council Agenda
January 13, 2026
Page 3
COMMITTEES, MEMBERS AND RESPONSIBILITIES
ADMINISTRATION: January 21, 2026 – 6:00 p.m. – East Conference Room #337
Committee Departments Liaisons
Chairman: Alderman Corneils Finance Library
Vice-Chairman: Alderman Marek Administration
Committee: Alderman Koch
Committee: Alderman Funkhouser
ECONOMIC DEVELOPMENT: February 3, 2026 – 6:00 p.m. – East Conference Room #337
Committee Departments Liaisons
Chairman: Alderman Koch Community Development Planning & Zoning Commission
Vice-Chairman: Alderman Plocher Building Safety & Zoning Kendall Co. Plan Commission
Committee: Alderman Marek
Committee: Alderman Hyett
PUBLIC SAFETY: March 5, 2026 – 6:00 p.m. – East Conference Room #337
Committee Departments Liaisons
Chairman: Alderman Funkhouser Police School District
Vice-Chairman: Alderman Transier
Committee: Alderman Soling
Committee: Alderman Hyett
PUBLIC WORKS: January 20, 2026 – 6:00 p.m. – East Conference Room #337
Committee Departments Liaisons
Chairman: Alderman Soling Public Works Park Board
Vice-Chairman: Alderman Corneils Engineering YBSD
Committee: Alderman Transier Parks and Recreation
Committee: Alderman Plocher
UNITED CITY OF YORKVILLE
WORKSHEET
CITY COUNCIL
Tuesday, January 13, 2026
7:00 PM
CITY COUNCIL CHAMBERS
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AMENDMENTS TO AGENDA:
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PUBLIC HEARING:
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1. Yorkville School District 115 – Annexation Agreement
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CITIZEN COMMENTS ON AGENDA ITEMS:
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CONSENT AGENDA:
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1. Minutes of the Regular City Council – December 9, 2025
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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2. Bill Payments for Approval
□ Approved ________
□ As presented
□ As amended
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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MAYOR’S REPORT:
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1. CC 2026-01 Resolution Approving a Settlement Agreement (Whispering Meadows Community
Association, Inc.)
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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2. CC 2026-02 Ordinance authorizing the borrowing of an aggregate principal amount of not to exceed
$170,000,000 from the United States Environmental Protection Agency for the purpose of paying
eligible costs of enhancing the City’s water delivery system; authorizing and providing for the
execution and delivery of a WIFIA Loan Agreement and WIFIA Term Sheet relating to such loan;
authorizing and providing for the issuance of a general obligation alternate revenue bond in evidence
of such borrowing; providing for the imposition of taxes to pay the same and for the collection,
segregation and distribution of the net revenues derived by the City from its water delivery system
for the payment of said bond; authorizing the issuance of the bond to the United States Environmental
Protection Agency; authorizing the establishment of a bond fund and accounts therein for the payment
of such bond; and authorizing certain related actions in connection with the issuance of such bond.
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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ECONOMIC DEVELOPMENT COMMITTEEE REPORT:
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1. EDC 2025-65 Ordinance Establishing the Special Service Area Number 2025-02 in the United City of
Yorkville, Kendall County, Illinois and Providing for Other Procedures in Connection Therewith
(QuikTrip)
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
-----------------------------------------------------------------------------------------------------------------------------------------
2. EDC 2025-66 Ordinance Establishing the Special Service Area Number 2025-01 in the United City of
Yorkville, Kendall County, Illinois and Providing for Other Procedures in Connection Therewith
(Costco)
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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MAYOR’S REPORT (CONT’D):
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3. CC 2025-08 Public Works and Parks Department Facility Update
a. Resolution Approving an Amendment to a Professional Services Agreement with
Kluber, Inc. for the Design of a Public Work Facility
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
-----------------------------------------------------------------------------------------------------------------------------------------
4. CC 2025-09 Lake Michigan Water Project Update
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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ADDITIONAL BUSINESS:
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CITIZEN COMMENTS:
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Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
See attached memo.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
Public Hearing #1
Tracking Number
PZC 2025-14 Yorkville School District 115 (Annexation Agreement)
City Council – January 13, 2026
PUBLIC HEARING for requested annexation to accommodate public school
facility.
Sara Mendez Community Development
Name Department
1
SUMMARY:
An application for annexation has been submitted by Heather DiVerde, on behalf of the Yorkville
School District 115, to the United City of Yorkville, Kendall County, Illinois. The request is seeking
approval to annex three (3) parcels #02-30-400-006, #02-31-226-002, and #02-29-300-002 totaling
approximately 155-acres and is generally located north of River Road, west of Game Farm Road, and east
of Eldamain Road. Additionally, the petitioner is seeking approval for rezoning the three (3) subject
parcels from the R-1 Single-Family Suburban Residence District to PI Public Institutional District
accommodate public school facilities, contingent upon approval of annexation by the City Council.
Memorandum
To: City Council
From: Sara Mendez, Senior Planner
CC: Bart Olson, City Administrator
Krysti Barksdale-Noble, Community Development Director
David Hansen, Senior Planner
Date: January 5, 2026
Subject: PZC 2025-14 YSD 115
PUBLIC HEARING: Proposed Annexation Agreement Request
2
PROPERTY BACKGROUND:
The subject property is currently unincorporated and zoned A-1 Agricultural in Kendall County.
It comprises three (3) parcels totaling approximately 155-acres.
Parcel #02-29-300-002 is adjacent to the Yorkville School District (YSD) 115 high school and
includes a portion of the school building, as well as the baseball field and pickleball courts. Parcels #02-
30-400-006 and #02-31-226-002 are nonadjacent to parcel #02-29-300-002 but located directly west of
the high school and is utilized as farmland.
ANNEXATION AGREEMENT:
As mentioned, the applicant seeks annexation of three (3) unincorporated parcels, #02-30-400-
006, #02-31-226-002, and #02-29-300-002 totaling approximately 155-acres to accommodate public
school facilities. Contiguity of subject parcels #02-30-400-006 and #02-31-226-002 and Yorkville’s
current corporate boundary is established immediately north of John Street (Rush Copley). Contiguity of
subject parcel #02-29-300-002 and Yorkville’s current corporate boundary is established immediately
west of Game Farm Road (Yorkville School District 115 High School).
Annexation is contingent upon City Council approval of a requested rezoning to the PI Public
Institutional District.
THE COMPREHENSIVE PLAN
The 2016 Comprehensive Plan Update designates
parcels #02-30-400-006 and #02-31-226-002 as “Parks
and Open Space” and parcel #02-29-300-002
“Institutional”.
The “Parks and Open Space” designation is meant
to preserve recreational areas and open space for either
public or private use. Upon approval of the annexation
and rezoning, the Comprehensive Plan will require an
amendment to reflect the new PI Public Institutional
zoning district. The 110-acre subject property’s future
land use designation will be revised from “Parks and Open
Space” to “Institutional (I)”
The Institutional designation is generally intended
for Yorkville municipal facilities, Kendall County
government offices, and facilities of other entities,
including the Bristol-Kendall Fire Protection District, the
Yorkville-Bristol Sanitary District, Yorkville Community
Unit School District 115, and other government facilities.
Parcel #02-29-300-002 aligns with the 2016 Comprehensive Plan. Upon approval of the annexation and
rezoning, no update to the Comprehensive Plan would be necessary for the 45-acre subject property.
FUTURE ROAD CONNECTION AND LAND PLAN:
The City’s 2016 Comprehensive Plan indicates the extension of
Beecher Road from John Street to River Road, see image to the right,
through two (2) of the subject parcels (PINS #02-30-400-006 and #02-
31-226-002). At this time, the School District has indicated to staff at
the November 13, 2025, Plan Council meeting, they do not plan to
connect Beecher Road to River Road.
3
Additionally, the Yorkville School District 115 is not pursing a land plan currently. Therefore, when the
school submits a land plan, the plan will be reviewed by the City and likely require a Planned Unit
Development due to the acreage of the property exceeding 4-acres and potential for multiple buildings on
the site.
STAFF COMMENTS:
The petitioner is requesting a straightforward annexation of the subject property into the City of Yorkville
without seeking any relief or variances from the PI Public Institutional District zoning. Staff is supportive
of the request for annexation as it would address the need to expand the district’s facility to ensure
adequate accommodations for Yorkville’s continuing growth.
ATTACHMENTS:
1. Draft Annexation Agreement
2. Plan Council memo dated 10.27.25
3. Public Hearing Notice
4. Annexation Application
Ordinance No. 2026-____
Page 1
Ordinance No. 2026-_____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS,
AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT
BY AND BETWEEN THE UNITED CITY OF YORKVILLE AND
YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and
WHEREAS, Yorkville Community Unit School District 115 (the "Owner"), desires to
enter into an Annexation Agreement (the "Agreement"), regarding property owned by the
Owner which is approximately 155 acres legally described and identified in the Agreement,
attached hereto as Exhibit A (the "Subject Property"); and
WHEREAS, the Subject Property is contiguous with the existing corporate limits of the
City and is not within the boundary of any other city; and
WHEREAS, a public hearing was conducted by the Mayor and City Council (the
"Corporate Authorities") on the Agreement on January 13, 2025, and all notices required by
law have been given by the City and Owner; and
WHEREAS, the statutory procedures provided in Section 11-15.1-1 of the Illinois
Municipal Code for the execution of the annexation agreement have been fully complied with;
and
WHEREAS, the Corporate Authorities have concluded that the approval and execution
of the proposed Agreement, attached hereto, is in the best interests of the health, safety, and
welfare of the City.
Ordinance No. 2026-____
Page 2
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of
the United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section 2. The Annexation Agreement attached hereto and made a part hereof by
reference as Exhibit A, be and is hereby approved and the Mayor and City Clerk are hereby
authorized and directed to execute and deliver said Agreement.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval,
and publication in pamphlet form as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
____ day of __________________, A.D. 2026.
______________________________
CITY CLERK
KEN KOCH _________ DAN TRANSIER _________
ARDEN JOE PLOCHER _________ CRAIG SOLING _________
CHRIS FUNKHOUSER _________ MATT MAREK _________
RUSTY CORNEILS _________ RUSTY HYETT _________
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this ____ day of __________________, A.D. 2026.
______________________________
MAYOR
Attest:
______________________________
CITY CLERK
STATE OF ILLINOIS )
) ss.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT
This Annexation Agreement (hereinafter
(“Agreement”), is made and entered into this
day of 2025, by and between
the United City of Yorkville, a municipal
corporation, hereinafter referred to as "City" and
the Board of Education of Yorkville Community
Unit School District 115, hereinafter referred to as
''Owner".
WITNESSETH:
WHEREAS, the Owner owns fee simple interest to the real property, which is legally
described in Exhibit A, attached hereto, and further depicted in the Plats of Annexation attached
hereto as Exhibit B and Exhibit C, consisting of approximately 155 acres, more or less (the "Subject
Property"); and
WHEREAS, it is the desire of the Owner to provide for the annexation of the Subject
Property and to use the Subject Property in accordance with the terms of this Agreement and the
ordinances of the City; and, to provide that when annexed, the Subject Property is to be zoned as
PI Public Institutional District; and
WHEREAS, it is the desire of the Mayor and City Council (the "Corporate Authorities")
to annex the Subject Property and permit the zoning, all being pursuant to the terms and conditions
of this Agreement and the ordinances of the City; and
WHEREAS, Owner and City have or will perform and execute all acts required by law
to effectuate such annexation; and
WHEREAS, all notices and publications as required by law relating to the zoning of the
Subject Property and the Agreement have been published and given to the persons or entities
entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code (the
"Municipal Code"); and
WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public
hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as
required by the provisions of the Municipal Code; and
WHEREAS, the Planning and Zoning Commission of the City has duly held all public
hearings relating to zoning, all as required by the provisions of the City's Zoning Code and the
Municipal Code; and
2
WHEREAS, the Owner and City agree that upon Annexation to the City of the Subject
Property shall be placed in the PI Public Institutional District; and
WHEREAS, in accordance with the powers granted to the City by the provisions of
Section 11-15.1-1 et seq. of the Municipal Code (65 ILCS 5/11-15.1-1 et seq.), relating to
Annexation Agreements, the parties hereto wish to enter into a binding Agreement with respect
to the future annexation, and zoning of the Subject Property and to provide for various other
matters related directly or indirectly to the annexation and use of the Subject Property during the
term of this Agreement as authorized by the provisions of said statutes.
NOW THEREFORE, in consideration of the mutual covenants, agreements and
conditions herein contained, and by authority of and in accordance with the aforesaid statutes of
the State of Illinois, the City and the Owner agree as follows:
Section 1. Annexation.
The Owner has filed with the Clerk of the City a duly and properly executed
petition pursuant to, and in accordance with, the provisions of Section 5/7-1-1 et seq. of the
Municipal Code to annex the Subject Property and any adjacent roadways not previously annexed
to the City of Yorkville.
Section 2. Zoning.
The City hereby agrees, contemporaneously with annexation, that the City shall undertake
procedures as required by the City's Unified Development Ordinance to rezone the Subject Property
as PI Public Institutional District.
Section 3. Binding Effect and Term.
This Annexation Agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors and assigns including, but not limited to, successor owners of record,
successor developers, lessees, and successor lessees, and upon any successor municipal authority
of the City and the successor municipalities for a period of twenty (20) years from the later of the
date of execution hereof and the date of adoption of the ordinances pursuant hereto.
Section 4. Notices and Remedies.
Upon a breach of this Agreement, the parties hereto agree that the venue shall be the
Circuit Court of Kendall County. It is further understood by the parties hereto that upon breach
of this Agreement the non-defaulting party may exercise any remedy available at law or equity.
Before any failure of any part of this Agreement to perform its obligations under this
Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall
notify, in writing, by certified mail/return receipt requested, the party alleged to have failed to
perform, state the obligation allegedly not performed and the performance demanded.
3
Notice shall be provided at the following addresses:
To the City: United City of Yorkville
651 Prairie Pointe Drive
Yorkville, Illinois 60560
Attn: City Administrator
With a copy to: Ottosen DiNolfo Hasenbalg & Castaldo, Ltd.
2441 Warrenville Road
Suite 310
Lisle, Illinois 60532
Attn: Kathleen Field Orr
To the Owner: Yorkville Community Unit School District
800 Game Farm Road
Yorkville, Illinois 60560
Attn: Superintendent
With a copy to: Hodges Loizzi, Eisenhammer, Rodick & Kohn LLP
500 Park Boulevard,
Suite 1000
Itasca, IL 60143
Attn: Kerry B. Pipal
Section 5. Agreement to Prevail over Ordinances.
In the event of any conflict between this Agreement and any ordinances of the City in
force at the time of execution of this Agreement or enacted during the pendency of this Agreement,
the provisions of this Agreement shall prevail to the of any such conflict or inconsistency.
Section 6. Provisions.
If any provision of this Agreement or its application to any person, entity, or property is
held invalid, such provision shall be deemed to be excised here from and the invalidity thereof
shall not affect the application or validity of any other terms, conditions, and provisions of this
Agreement and, to that end, any terms, conditions, and provisions of this Agreement are
declared to be severable.
[Remainder of page intentionally blank, signature page follows]
4
IN WITNESS WHEREOF, the parties hereto have caused this Annexation
Agreement to be executed by their duly authorized officers on the above date at Yorkville,
Illinois.
United City of Yorkville, an Illinois
municipal corporation
By:
Mayor
Attest:
City Clerk
BOARD OF EDUCATION OF
YORKVILLE COMMUNITY UNIT
SCHOOL DISTRICT 115
By:
RI V E R ROAD BEECHER ROADILLINOIS ROUTE 34
FOX RI V ER
Engineering Enterprises, Inc.
PLAT OF ANNEXATION
TO THE UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
SUG
AR G R O V E, IL.MARK G SCHEL
L
ER035-003581
PROFESSIONAL
LAND
SURVEYOR
STATE OF
ILLINOIS
Exhibit B
Engineering Enterprises, Inc.
PLAT OF ANNEXATION
TO THE UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
GAMEFARM ROAD29293232PAGE 1 OF 1Engineering Enterprises, Inc.PLAT OF ANNEXATIONTO THE UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISUNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISS U GAR GROVE, IL.MARK G SCHELLE R035-003581PROFESSIONALLANDSURVEYORSTATE OFILLINOISExhibit C
Ordinance No. 2026-____
Page 1
Ordinance No. 2026-_____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS
ANNEXING CERTAIN TERRITORY LOCATED GENERALLY NORTH
OF RIVER ROAD, WEST OF GAME FARM ROAD, AND EAST OF
ELDAMAIN ROAD,TO THE UNITED CITY OF YORKVILLE
(Yorkville School District 115)
WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly
existing non-home rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the Laws of the State; and
WHEREAS, a duly executed PETITION FOR ANNEXATION, signed by an authorized
representative of Yorkville Community Unit School District 115, the owner of record, has been
filed with the City, requesting that certain territory legally described hereinafter be annexed to the
City; and
WHEREAS, there are no electors residing within said territory; and
WHEREAS, the said territory is not within the corporate limits of any municipality, but is
contiguous to the City; and
WHEREAS, legal notices regarding the intention of the City to annex said territory have
been sent to all public bodies required to receive such notice by state statute; and
WHEREAS, the legal owners or record of said territory and the City have entered into a
valid and binding annexation agreement relating to such territory; and
WHEREAS, all petitions, documents and other necessary legal requirements are in full
compliance with the terms of the annexation agreement and with the statutes of the State of Illinois,
specifically Section 7-1-8 of the Illinois Municipal Code; and
WHEREAS, it is in the best interests of the City that said territory be annexed.
Ordinance No. 2026-____
Page 2
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the property to be annexed is identified by property index numbers 02-30-
400-006, 02-31-226-002, and 02-29-300-002 and legally described and depicted in the Plats of
Annexation, attached hereto as Exhibit A and Exhibit B.
Section 2. That the territory described in Section 1 above is hereby annexed to the United
City of Yorkville, Illinois.
Section 3. That the City Clerk is hereby directed within 90 days from the effective date of
this ordinance to record or cause to be recorded with the Office of the Kendall County Recorder
and to file with the Kendall County Clerk a certified copy of this Ordinance, together with each
Plat of Annexation appended to this Ordinance.
Section 4. That this Ordinance shall be in full force and effect from and after its passage,
approval, and publication in the manner provided by law.
[Remainder of page intentionally blank; roll call vote follows]
Ordinance No. 2026-____
Page 3
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
____ day of __________________, A.D. 2026.
______________________________
CITY CLERK
KEN KOCH _________ DAN TRANSIER _________
ARDEN JOE PLOCHER _________ CRAIG SOLING _________
CHRIS FUNKHOUSER _________ MATT MAREK _________
RUSTY CORNEILS _________ RUSTY HYETT _________
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this ____ day of __________________, A.D. 2026.
______________________________
MAYOR
Attest:
______________________________
CITY CLERK
RI V E R ROAD BEECHER ROADILLINOIS ROUTE 34
FOX RI V ER
Engineering Enterprises, Inc.
PLAT OF ANNEXATION
TO THE UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
SUG
AR G R O V E, IL.MARK G SCHEL
L
ER035-003581
PROFESSIONAL
LAND
SURVEYOR
STATE OF
ILLINOIS
Exhibit A
Engineering Enterprises, Inc.
PLAT OF ANNEXATION
TO THE UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
GAMEFARM ROAD29293232PAGE 1 OF 1Engineering Enterprises, Inc.PLAT OF ANNEXATIONTO THE UNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISUNITED CITY OF YORKVILLEKENDALL COUNTY, ILLINOISS U GAR GROVE, IL.MARK G SCHELLE R035-003581PROFESSIONALLANDSURVEYORSTATE OFILLINOISExhibit B
1
I have reviewed the annexation and rezoning applications for the subject parcels submitted by
Heather DiVerde, on behalf of the Yorkville School District 115. The real property consists of thee (3)
parcels totaling approximately 155-acres and is generally located north of River Road, west of Game
Farm Road, and east of Eldamain Road. The petitioner is seeking approval for the annexation and
rezoning from the R-1 Single-Family Suburban Residence District to PI Public Institutional District of
parcels #02-30-400-006 and #02-31-226-002 to accommodate public school facilities.
Based upon my review of the application documents and plans, I have compiled the following
comments:
ANNEXATION COMMENTS:
1. Contiguity of subject parcels #02-30-400-006 and #02-31-226-002 and Yorkville’s current
corporate boundary is established immediately north of John Street (Rush Copley)
2. Contiguity of subject parcel #02-29-300-002 and Yorkville’s current corporate boundary is
established immediately west of Game Farm Road (Yorkville School District 115 High School)
3. Per Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory
annexed into the city shall automatically be classified within the R-1 Single-Family Suburban
Residence District.
4. Any approval of the requested rezoning is contingent upon the approval of the annexation
petition.
REZONING COMMENTS:
1. Per Table 10-3-12(B) Institutional, Public, and Utility Uses of the United City of Yorkville’s
Unified Development Ordinance, schools, public or private, are a permitted use in the R-1 Single-
Family Suburban Residence District and PI Public Institutional District.
2. Although schools are allowed in the R-1 district, staff is recommending the petitioner
rezone all three (3) subject parcels to the PI district.
3. Staff is requesting the petitioner verify if they intend to rezone all three (3) parcels to the PI
district or solely parcels #02-30-400-006 and #02-31-226-002.
4. Section 10-8-12 of the Unified Development Ordinance states specific standards for rezoning
which all recommendation bodied will review. The petitioner has provided responses to the
established standards for each of the criteria provided in the application.
PROPERTY BACKGROUND:
The subject property is currently unincorporated and zoned A-1 Agricultural in Kendall County.
It comprises three (3) parcels totaling approximately 155-acres.
Below is a map indicating each parcel for reference. Parcel #02-29-300-002 is adjacent to the
Yorkville School District (YSD) 115 high school and includes a portion of the school building, as well as
the baseball field and pickleball courts. Parcels #02-30-400-006 and #02-31-226-002 are nonadjacent to
parcel #02-29-300-002 but located directly west of the high school and is utilized as farmland.
Memorandum
To: Plan Council
From: Sara Mendez, Senior Planner
Date: October 27, 2025
Subject: PZC 2025-14 YSD 115
Proposed Annexation & Rezoning Request for school facilities
2
Due to Yorkville’s growing population, the proposed annexation and rezoning of the three (3)
parcels addresses a critical community need of providing adequate space for public school facilities.
According to the School District’s rezoning application, the student population has increased by 4,744
students since 2002. The last school buildings were constructed in 2009, when enrollment was
approximately 5,100 students. As of 2025, the student population has reached approximately 7,151. In
response to this significant growth over the past two decades, the district has emphasized the need to
expand capacity at all grade levels to ensure adequate accommodations for Yorkville’s continuing
development.
GENERAL ZONING/LAND USE COMMENTS:
Due to the subject parcels not being adjacent to each other, the following are the current immediate
surrounding zoning and land uses of parcels #02-30-400-006 and #02-31-226-002 which are proposed to
be rezoned:
Zoning Land Use
North
PI Public Institutional District
B-3 General Business District (PUD)
R-3 Multi-Family Attached Residence District
Kendall County Government Center
Rush Copley
Fox Hill
East
Unincorporated Kendall County
R-2 Single-Family Traditional Residence District
R-4 General Multi-Family Residence District
PI Public Institutional District
R-1 Single-Family Suburban Residence District
Farmland
Blackberry Woods
Blackberry Woods
Yorkville School District (YSD) 115 High School
Cemetery
South Unincorporated Kendall County
R-1 Single-Family Suburban Residence District
Farmland
Residential
West Unincorporated Kendall County Farmland
3
While below are the current immediate surrounding zoning and land uses of parcel #02-29-300-002 which
is proposed to be rezoned:
a. Petitioner has provided written responses to the Standards for Rezoning which
will be entered into the record during the public hearing process.
COMPREHENSIVE PLAN
The 2016 Comprehensive Plan Update designates parcels #02-30-400-006 and #02-31-226-002 as
“Estate/Conservation Residential” and parcel #02-29-300-002 “Institutional”.
The “Estate/Conservation Residential (ECR)” is intended to provide flexibility for residential
design which will accommodate low-density detached single-family housing. However, the
Comprehensive Plan also states, “while the land use map should guide future land use and development
and zoning decisions, it is also meant to be adjusted and changed when circumstances warrant a change in
planning direction in a given area of the City.
a) If the annexation and rezoning are approved, staff would seek to amend the
Comprehensive Plan to reclassify the 110-acre parcel as Institutional (I) which is
consistent with the proposed land use.
The Institutional designation is generally intended for Yorkville municipal facilities, Kendall
County government offices, and facilities of other entities, including the Bristol-Kendall Fire Protection
District, the Yorkville-Bristol Sanitary District, Yorkville Community Unit School District 115, and other
government facilities.
a) Parcel #02-29-300-002 aligns the 2016 Comprehensive Plan. Therefore, if the annexation
and rezoning were approved, no update to the Comprehensive Plan would be necessary.
FUTURE LAND PLAN:
The Yorkville School District 115 is not pursing a land plan currently. Therefore, when the school
submits a land plan, the plan will be reviewed by the City.
Zoning Land Use
North
Unincorporated Kendall County
R-2 Single-Family Traditional Residence District
R-4 General Multi-Family Residence District
Farmland
Blackberry Woods
Blackberry Woods
East PI Public Institutional District
R-1 Single-Family Suburban Residence District
Yorkville School District (YSD) 115 High School
Cemetery
South Unincorporated Kendall County
Farmland
West Unincorporated Kendall County Farmland
Sold To:
United City of Yorkville - CU00410749
651 Prairie Pointe Drive
Yorkville,IL 60560
Bill To:
United City of Yorkville - CU00410749
651 Prairie Pointe Drive
Yorkville,IL60560
Certificate of Publication:
Order Number: 7908726
Purchase Order:
State of Illinois - Kendall
Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The
The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50)
weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of
Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a
newspaper as defined by 715 IL CS 5/5.
This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The
Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice
was made in the newspaper, dated and published on 12/19/2025, and the last publication of the notice
was made in the newspaper dated and published on 12/19/2025.
This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1.
PUBLICATION DATES:Dec 19, 2025.
___________________________________________________________________________________
The Beacon-News
In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed
in Chicago, Illinois on this
22nd Day of December, 2025, by
Chicago Tribune Media Group
Jeremy Gates
Chicago Tribune - chicagotribune.com
160 N Stetson Avenue, Chicago, IL 60601
(312) 222-2222 - Fax: (312) 222-4014
Chicago Tribune - chicagotribune.com
160 N Stetson Avenue, Chicago, IL 60601
(312) 222-2222 - Fax: (312) 222-4014
Chicago Tribune - chicagotribune.com
160 N Stetson Avenue, Chicago, IL 60601
(312) 222-2222 - Fax: (312) 222-4014
Chicago Tribune - chicagotribune.com
160 N Stetson Avenue, Chicago, IL 60601
(312) 222-2222 - Fax: (312) 222-4014
Chicago Tribune - chicagotribune.com
160 N Stetson Avenue, Chicago, IL 60601
(312) 222-2222 - Fax: (312) 222-4014
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
Consent Agenda #1
Tracking Number
Minutes of the Regular City Council – December 9, 2025
City Council – January 13, 2026
Majority
Approval
Approval of Minutes
Jori Contrino Administration
Name Department
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
HELD IN THE CITY COUNCIL CHAMBERS,
651 PRAIRIE POINTE DRIVE ON
TUESDAY, DECEMBER 9, 2025
Mayor Purcell called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance.
ROLL CALL
City Clerk Contrino called the roll.
Ward I Koch Present
Transier Present
Ward II Plocher Present
Soling Present
Ward III Funkhouser Present
Marek Present
Ward IV Corneils Present
Hyett Present
Staff in attendance at City Hall: City Administrator Olson, City Clerk Contrino, Chief Jensen, Attorney
Castaldo, Public Works Director Dhuse, Community Development Director Barksdale-Noble, Finance
Director Fredrickson, Parks and Recreation Director Evans, Assistant City Administrator Willrett,
Economic Development Coordinator Gregory, Economic Development Director Dubajic Kellogg, and
EEI Engineer Sanderson.
Members of the public were able to attend this meeting in person as well as being able to access the
meeting remotely via Zoom which allowed for video, audio, and telephonic participation.
A meeting notice was posted on the City’s website on the agenda, minutes, and packets webpage with
instructions regarding remote meeting access and a link was included for the public to participate in the
meeting remotely:
https://us02web.zoom.us/j/87010476240?pwd=9H6AtLANr5biJObhGwK30KCNXhrJb1.1
The Zoom meeting ID was 870 1047 6240.
QUORUM
A quorum was established.
AMENDMENTS TO THE AGENDA
None
PRESENTATIONS
None.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS ON AGENDA ITEMS
None.
CONSENT AGENDA
1. Minutes of the Regular City Council – November 10, 2025
2. Minutes of the Regular City Council – November 25, 2025
3. Bill Payments for Approval
$ 4,465,815.62 (vendors)
$ 977,797.69 (wire payments)
$ 478,689.59 (payroll period ending 11/15/25)
$ 5,922,302.90 (total)
Mayor Purcell entertained a motion to approve the consent agenda as amended. So moved by Alderman
Plocher; seconded by Alderman Soling.
Motion approved by a roll call vote. Ayes-8 Nays-0
Koch-aye, Plocher-aye, Funkhouser-aye, Corneils-aye,
Transier-aye, Soling-aye, Marek-aye, Hyett-aye
DRAFT
The Minutes of the Regular Meeting of the City Council – December 9, 2025 – Page 2 of 4
REPORTS
MAYOR’S REPORT
End of Year
Mayor Purcell thanked the City Council and City Staff for a great year. He shared that the City had a lot
of great things going on this year, including the opening of Costco and the Public Works building.
Meeting Schedule for 2026
(CC 2025-90)
Mayor Purcell entertained a motion to approve the meeting schedule for 2026 as presented. So moved by
Alderman Transier; seconded by Alderman Corneils.
Motion approved by a roll call vote. Ayes-8 Nays-0
Plocher-aye, Funkhouser-aye, Corneils-aye, Transier-aye,
Soling-aye, Marek-aye, Hyett-aye, Koch-aye
Resolution 2025-136 IL Route 126 Water Main Improvements –
Illinois Department of Transportation
(CC 2025-91)
Mayor Purcell entertained a motion to approve the IL Route 126 Water Main Improvements – Illinois
Department of Transportation Resolution and authorize the Mayor and City Clerk to execute. So moved
by Alderman Marek; seconded by Alderman Hyett.
City Administrator Olson explained that this resolution is an Illinois Department of Transportation permit
that allows the City to complete water main work under IL Route 126, for the Lake Michigan Project.
Motion approved by a roll call vote. Ayes-8 Nays-0
Funkhouser-aye, Corneils-aye, Transier-aye, Soling-aye,
Marek-aye, Hyett-aye, Koch-aye, Plocher-aye
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
PARK BOARD
Resolution 2025-137 Authorizing the Purchase of Lightning Detection
Equipment in an Amount Not to Exceed $47,200
(CC 2025-92)
Mayor Purcell entertained a motion to approve a Resolution Authorizing the Purchase of Lightning
Detection Equipment in an Amount Not to Exceed $47,200 and authorize the Mayor and City Clerk to
execute. So moved by Alderman Koch; seconded by Alderman Corneils.
Parks and Recreation Director Evans shared that there are seven lightning detectors throughout the City,
and three were replaced last Spring. He stated that the remaining four detectors are now being replaced.
Motion approved by a roll call vote. Ayes-8 Nays-0
Corneils-aye, Transier-aye, Soling-aye, Marek-aye,
Hyett-aye, Koch-aye, Plocher-aye, Funkhouser-aye
Resolution 2025-138 Authorizing a Contract with BSN Sports for the Purchase
of Athletic League Uniforms and Equipment
(CC 2025-93)
Mayor Purcell entertained a motion to approve a Resolution Authorizing a Contract with BSN Sports for
the Purchase of Athletic League Uniforms and Equipment authorize the Mayor and City Clerk to execute.
So moved by Alderman Soling; seconded by Alderman Transier.
Motion approved by a roll call vote. Ayes-8 Nays-0
Transier-aye, Soling-aye, Marek-aye, Hyett-aye,
Koch-aye, Plocher-aye, Funkhouser-aye, Corneils-aye
The Minutes of the Regular Meeting of the City Council – December 9, 2025 – Page 3 of 4
Resolution 2025-139 Adopting a Light Pole Sponsorship Program
(CC 2025-94)
Mayor Purcell entertained a motion to approve a Resolution Adopting a Light Pole Sponsorship Program
and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by
Alderman Plocher.
Parks and Recreation Director Evans shared that the light pole program helps highlight businesses and
generate revenue for the Parks and Recreation Department. He stated that the program is similar to what
Oswego is doing now. Director Evans explained that there are 43 light poles across Yorkville, and they
will feature banners with artwork from Yorkville businesses and Yorkville students. The banners would
remain throughout the Summer and Fall months and then be removed for the City’s Christmas
decorations.
Alderman Transier asked if there would be different levels for the sponsorship rates, to which Director
Evans said there would be a few options. He said there will be a large sponsor who is sponsored on
multiple events and advertisements throughout the year, along with a $1,500 to $2,000 range for single
sponsors. Alderman Transier asked if there could be various sponsors per year? Director Evans stated it
would be for a full season at a time.
Motion approved by a roll call vote. Ayes-8 Nays-0
Soling-aye, Marek-aye, Hyett-aye, Koch-aye,
Plocher-aye, Funkhouser-aye, Corneils-aye, Transier-aye
PLANNING AND ZONING COMMISSION
Ordinance 2025-95 Approving the Rezoning to PI Public Institutional District of
Certain Territory Generally Located North of East Schoolhouse
Road (Illinois Route 126), South of Illinois Route 71, and East of
Wing Road, Yorkville, Illinois (South Receiving Station Water Tower)
(PZC 2025-12 & EDC 2025-73)
Mayor Purcell entertained a motion to approve an Ordinance Approving the Rezoning to PI Public
Institutional District of Certain Territory Generally Located North of East Schoolhouse Road (Illinois
Route 126), South of Illinois Route 71, and East of Wing Road, Yorkville, Illinois (South Receiving
Station Water Tower) authorize the Mayor and City Clerk to execute. So moved by Alderman Marek;
seconded by Alderman Soling.
City Administrator Olson explained that this is part of the Lake Michigan Water Project. He shared that
the parcel is the property purchased from the church, which needs to be rezoned from B3 to P1.
Motion approved by a roll call vote. Ayes-8 Nays-0
Marek-aye, Hyett-aye, Koch-aye, Plocher-aye,
Funkhouser-aye, Corneils-aye, Transier-aye, Soling-aye
CITY COUNCIL REPORT
No report.
CITY CLERK’S REPORT
No report.
COMMUNITY & LIAISON REPORT
Shop with a Cop
Alderman Funkhouser shared that the 7th Annual Shop with a Cop Event took place last week. He thanked
Sergeant Robbie Hart for his role in helping organize the event. Alderman Funkhouser stated that 44
children received gifts through the program, which included Santa and Mrs. Claus. He thanked the
sponsors, volunteers, and the Yorkville Police Department officers.
STAFF REPORT
No report.
The Minutes of the Regular Meeting of the City Council – December 9, 2025 – Page 4 of 4
MAYOR’S REPORT (cont’d)
Public Works and Parks Department
Facility Update
(CC 2025-08)
Resolution 2025-140 a. Authorizing the Purchase of Furniture in an
Amount Not to Exceed $495,938.98
Mayor Purcell entertained a motion to approve a Resolution Authorizing the Purchase of Furniture in an
Amount Not to Exceed $495,938.98 authorize the Mayor and City Clerk to execute. So moved by
Alderman Plocher; seconded by Alderman Hyett.
Motion approved by a roll call vote. Ayes-8 Nays-0
Hyett-aye, Koch-aye, Plocher-aye, Funkhouser-aye,
Corneils-aye, Transier-aye, Soling-aye, Marek-aye
Lake Michigan Water
Project Update
(CC 2025-09)
No report.
ADDITIONAL BUSINESS
No report.
CITIZEN COMMENTS
None.
EXECUTIVE SESSION
Mayor Purcell entertained a motion to go into executive session for the following:
1. For litigation, when an action against, affecting, or on behalf of the particular public body has been
filed and is pending before a court or administrative tribunal, or when the public body finds that an
action is probable or imminent, in which case the basis for the finding shall be recorded and entered
into the minutes of the closed meeting.
2. For the discussion of minutes of meetings lawfully closed under the Open Meetings Act, whether
for purposes of approval by the body of the minutes or semi-annual review of the minutes.
So moved by Alderman Marek; seconded by Alderman Funkhouser.
Motion approved by a roll call vote. Ayes-8 Nays-0
Koch-aye, Plocher-aye, Funkhouser-aye, Corneils-aye,
Transier-aye, Soling-aye, Marek-aye, Hyett-aye
ADJOURNMENT
Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Marek;
seconded by Alderman Transier.
Motion unanimously approved by a viva voce vote.
Meeting adjourned at 7:55 p.m.
Minutes submitted by:
Jori Contrino, City Clerk,
City of Yorkville, Illinois
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
Consent Agenda #2
Tracking Number
Bills for Payment
City Council – January 13, 2026
Majority
Approval
Amy Simmons Finance
Name Department
01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/12/25 UNITED CITY OF YORKVILLE TIME: 08:31:08 MANUAL CHECK REGISTER ID: AP225000 CHECK # VENDOR # INVOICE ITEM CHECK INVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------131280 KCR KENDALL COUNTY RECORDER'S 12/05/25 4033256 12/05/25 01 ORDINANCE TO RELEASE 90-227-00-00-0011 57.00 02 TEMPORARY EASEMENT-ROSENWINKLE ** COMMENT ** INVOICE TOTAL: 57.00 * CHECK TOTAL: 57.00TOTAL AMOUNT PAID: 57.00Page 1 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 12/30/25UNITED CITY OF YORKVILLE TIME: 14:50:04MANUAL CHECK REGISTER ID: AP225000 CHECK # VENDOR # INVOICE ITEMCHECK INVOICE #DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------131281 KCR KENDALL COUNTY RECORDER'S12/11/25 4033548 12/11/25 01 SOUTH RECEIVING STATION51-510-60-00-601157.00 02 REZONING ORDINANCE** COMMENT **INVOICE TOTAL:57.00 * CHECK TOTAL:57.00TOTAL AMOUNT PAID:57.00Page 2 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 12/11/25TIME: 07:28:22UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 12/12/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------544062 AACVB AURORA AREA CONVENTION 10/25-SUNSET 12/02/25 01 OCT 2025 SUNSET HOTEL TAX 01-640-54-00-54819.72 INVOICE TOTAL:9.72 * 10/25-SUPER 11/26/25 01 OCT 2025 SUPER 8 HOTEL TAX 01-640-54-00-54811,612.32 INVOICE TOTAL:1,612.32 * CHECK TOTAL:1,622.04544063 AEPENERG AEP ENERGY 3025129010-120525 12/05/25 01 10/30-12/01 2224 TREMONT ST 51-510-54-00-548013,519.44 INVOICE TOTAL:13,519.44 * 3025129021-120525 12/05/25 01 10/31-12/02 610 TOWER WELLS 51-510-54-00-54809,534.79 INVOICE TOTAL:9,534.79 * 3025129065-120225 12/02/25 01 10/30-12/01 2921 BRISTOL RDG 51-510-54-00-54806,189.07 INVOICE TOTAL:6,189.07 * CHECK TOTAL:29,243.30544064 ALLIANT ALLIANT INSURANCE SERVICES INC 333531112/02/25 01 PUBLIC OFFICIAL BOND RENEWAL- 01-120-54-00-5462500.00 02 FINANCE DIRECTOR** COMMENT **INVOICE TOTAL:500.00 * CHECK TOTAL:500.00544065 ALTEC ALTEC INDUSTRIES, INC. QUOTE#1788932 12/04/25 01 NEW BUCKET TRUCK PER25-225-60-00-6070161,105.00 02 RESOLUTION 2025-51** COMMENT **INVOICE TOTAL:161,105.00 * CHECK TOTAL:161,105.00Page 3 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 12/11/25TIME: 07:28:22UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 12/12/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------D004609 ANTPLACE ANTHONY PLACE YORKVILLE LP JAN 202612/02/25 01 CITY OF YORKVILLE HOUSING 01-640-54-00-5427662.00 02 ASSISTANCE PROGRAM RENT** COMMENT **03 REIMBURSEMENT FOR THE MONTH OF ** COMMENT **04 JAN 2026** COMMENT **INVOICE TOTAL:662.00 * DIRECT DEPOSIT TOTAL:662.00544066 COMED COMMONWEALTH EDISON 3852534000-112625 11/26/25 01 10/29-11/26 RT126 & SCHLHS 23-230-54-00-5482117.43 INVOICE TOTAL:117.43 * 6564924000-112025 11/20/25 01 10/21-11/19 421 POPLAR23-230-54-00-54826,845.66 INVOICE TOTAL:6,845.66 * CHECK TOTAL:6,963.09544067 CONTELEC CONSTELLATION TELECOM 705112/01/25 01 DEC 2025 ADMIN LINES01-110-54-00-5440257.50 02 DEC 2025 PW LINES51-510-54-00-5440579.45 03 DEC 2025 SEWER DEPT LINES 52-520-54-00-5440257.53 04 DEC 2025 RECREATION LINES 79-795-54-00-5440257.53 05 DEC 2025 TRAFFIC SIGNAL01-410-54-00-543564.39 06 MAINTENANCE** COMMENT **INVOICE TOTAL:1,416.40 * CHECK TOTAL:1,416.40544068 DELAGE DLL FINANCIAL SERVICES INC 59340858212/01/25 01 01/15/26-02/14/26 COPIER LEASE 82-820-54-00-5462536.75 INVOICE TOTAL:536.75 * CHECK TOTAL:536.75Page 4 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 12/11/25TIME: 07:28:22UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 12/12/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------544069 EEIENGINEERING ENTERPRISES, INC. 8539211/26/25 01 UTILITY PERMIT REVIEWS01-640-54-00-54652,241.25 INVOICE TOTAL:2,241.25 * 8539311/26/25 01 WINDETT RIDGE UNIT 290-048-48-00-01111,204.50 INVOICE TOTAL:1,204.50 * 8539411/26/25 01 GRANDE RESERVE UNITS 26 & 27 90-147-00-00-01113,384.25 INVOICE TOTAL:3,384.25 * 8539511/26/25 01 KENDALL MARKETPLACE LOT 25 90-154-00-00-011143.75 INVOICE TOTAL:43.75 * 8539611/26/25 01 GRANDE RESERVE UNIT 701-640-54-00-546587.50 INVOICE TOTAL:87.50 * 8539711/26/25 01 GRANDE RESERVE UNITS 15 & 22 01-640-54-00-5465893.50 INVOICE TOTAL:893.50 * 8539811/26/25 01 KENDALL MARKETPLACE LOT 52 90-154-00-00-0111834.00 02 PHASE 2 & 3** COMMENT **INVOICE TOTAL:834.00 * 8539911/26/25 01 GRANDE RESERVE UNIT 901-640-54-00-5465195.00 INVOICE TOTAL:195.00 * 8540011/26/25 01 BRIGHT FARMS90-173-00-00-0111590.75 INVOICE TOTAL:590.75 * 8540111/26/25 01 KENDALLWOOD ESTATES-RALLY 90-174-00-00-01112,433.25 INVOICE TOTAL:2,433.25 * 8540211/26/25 01 WELL MONITORING DASHBOARDS 01-640-54-00-5465240.25 INVOICE TOTAL:240.25 * 8540311/26/25 01 BRISTOL BAY UNIT 1390-179-00-00-0111195.00 INVOICE TOTAL:195.00 * Page 5 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 12/11/25TIME: 07:28:22UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 12/12/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------544069 EEIENGINEERING ENTERPRISES, INC. 8540411/26/25 01 CALEDONIA UNIT 390-188-00-00-01111,050.00 INVOICE TOTAL:1,050.00 * 8540511/26/25 01 GENERAL LAKE MICHIGAN/DWC 01-640-54-00-54651,300.25 02 COORDINATION** COMMENT **INVOICE TOTAL:1,300.25 * 8540611/26/25 01 BRISTOL BAY UNIT 1090-186-00-00-0111243.75 INVOICE TOTAL:243.75 * 8540711/26/25 01 BRISTOL BAY UNIT 1290-186-00-00-0111195.00 INVOICE TOTAL:195.00 * 8540811/26/25 01 GRANDE RESERVE UNIT 601-640-54-00-54652,368.00 INVOICE TOTAL:2,368.00 * 8540911/26/25 01 LAKE MICHIGAN CONNECTION 51-510-60-00-6011444.25 02 CORROSION CONTROL STUDY** COMMENT **INVOICE TOTAL:444.25 * 8541011/26/25 01 NORTHPOINTE SUBDIVISION90-195-00-00-0111819.00 INVOICE TOTAL:819.00 * CHECK TOTAL:18,763.25544070 EEIENGINEERING ENTERPRISES, INC. 8541111/26/25 01 PUBLIC WORKS SITE-BOOMBAH 24-216-60-00-604221,423.70 INVOICE TOTAL:21,423.70 * CHECK TOTAL:21,423.70544071 EEIENGINEERING ENTERPRISES, INC. 8541211/26/25 01 WELL #10 AND RAW WATER MAIN 51-510-60-00-60295,040.00 INVOICE TOTAL:5,040.00 * Page 6 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 12/11/25TIME: 07:28:22UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 12/12/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------544071 EEIENGINEERING ENTERPRISES, INC. 8541311/26/25 01 BRISTOL RIDGE SOLAR 10590-201-00-00-01112,390.00 INVOICE TOTAL:2,390.00 * 8541411/26/25 01 KENDALL COUNTY BLDG-FOX01-640-54-00-54653,462.50 INVOICE TOTAL:3,462.50 * 8541511/26/25 01 SOUTHERN SANITARY SEWER52-520-60-00-6024870.00 02 CONNECTION-LP** COMMENT **INVOICE TOTAL:870.00 * 8541611/26/25 01 QUIKTRIP GAS STATION90-208-00-00-01112,739.25 INVOICE TOTAL:2,739.25 * 8541711/26/25 01 1203 N BRIDGE-GERBER90-214-00-00-01115,353.00 INVOICE TOTAL:5,353.00 * 8541811/26/25 01 KENDALL MARKETPLACE LOT 52 90-154-00-00-01112,021.00 02 PHASE 4** COMMENT **INVOICE TOTAL:2,021.00 * 8541911/26/25 01 LAKE MICHIGAN-WIFIA LOAN APP 51-510-60-00-6011601.50 INVOICE TOTAL:601.50 * 8542011/26/25 01 YORKVILLE SOLAR90-212-00-00-01112,046.75 INVOICE TOTAL:2,046.75 * 8542111/26/25 01 CORNEILS RD SOLAR/BEECHER RD 90-216-00-00-01111,098.17 02 SOLAR** COMMENT **INVOICE TOTAL:1,098.17 * 8542211/26/25 01 GRANDE RESERVE UNIT 2190-222-00-00-01111,326.50 INVOICE TOTAL:1,326.50 * 8542311/26/25 01 GRANDE RESERVE UNIT 2890-244-00-00-01111,823.25 INVOICE TOTAL:1,823.25 * Page 7 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 12/11/25TIME: 07:28:22UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 12/12/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------544071 EEIENGINEERING ENTERPRISES, INC. 8542411/26/25 01 LM-SOUTH RECEIVING STATION 51-510-60-00-601113,069.00 INVOICE TOTAL:13,069.00 * 8545611/26/25 01 LM-BLUESTEM WATER MAIN51-510-60-00-60115,029.50 02 IMPROVEMENTS** COMMENT **INVOICE TOTAL:5,029.50 * 8545711/26/25 01 GRANDE RESERVE UNITS 10 & 11 90-223-00-00-0111146.25 INVOICE TOTAL:146.25 * 8545811/26/25 01 LM-LAND ACQUISITION SERVICES 51-510-60-00-6011838.00 INVOICE TOTAL:838.00 * 8545911/26/25 01 FAXON RD RECONSTRUCTION23-230-60-00-60461,000.00 INVOICE TOTAL:1,000.00 * 8546011/26/25 01 2820 BEECHER SOLAR90-231-00-00-01111,052.50 INVOICE TOTAL:1,052.50 * 8546111/26/25 01 2024 SANITARY SEWER LINING 52-520-60-00-60251,263.00 INVOICE TOTAL:1,263.00 * 8546212/02/25 01 PIONEER DEVELOPMENT-PROJECT 90-242-00-00-01111,395.00 02 CARDINAL** COMMENT **INVOICE TOTAL:1,395.00 * 8546311/26/25 01 HEARTLAND MEADOWS WEST90-232-00-00-01111,075.75 INVOICE TOTAL:1,075.75 * 8546411/26/25 01 2025 LOCAL ROAD PROGRAM23-230-60-00-60283,336.50 INVOICE TOTAL:3,336.50 * 8546511/26/25 01 EAST ALLEY WATER MAIN51-510-60-00-602515,553.46 02 IMPROVEMENTS** COMMENT **INVOICE TOTAL:15,553.46 * Page 8 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 12/11/25TIME: 07:28:22UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 12/12/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------544071 EEIENGINEERING ENTERPRISES, INC. 8546611/26/25 01 FOX HAVEN-1115, LLC90-236-00-00-01111,372.00 INVOICE TOTAL:1,372.00 * 8546711/26/25 01 ELDAMIAN WATER MAIN LOOP-N 51-510-60-00-60241,015.50 INVOICE TOTAL:1,015.50 * 8546811/26/25 01 MUNICIPAL ENGINEERING SERVICES 01-640-54-00-54651,900.00 INVOICE TOTAL:1,900.00 * 8546911/26/25 01 BERTRAM DRIVE CONNECTION 23-230-60-00-6098890.58 INVOICE TOTAL:890.58 * 8547011/26/25 01 PROLOGIS/PROJECT STEEL90-246-00-00-01115,404.25 INVOICE TOTAL:5,404.25 * 8547111/26/25 01 2026 WATER MAIN IMPROVEMENT 51-510-60-00-602524,837.50 INVOICE TOTAL:24,837.50 * 8547211/26/25 01 STANDARD SPECIFICATIONS01-640-54-00-5465327.00 02 UPDATE** COMMENT **INVOICE TOTAL:327.00 * 8547411/26/25 01 801 PRAIRIE POINTE DR-REDS 90-248-00-00-01112,462.75 INVOICE TOTAL:2,462.75 * 8547511/26/25 01 2025 NPDES PROGRAM & ANNUAL 01-640-54-00-5465555.00 02 REPORT** COMMENT **INVOICE TOTAL:555.00 * 8547611/26/25 01 ON-GOING NON-REVENUE WATER 01-640-54-00-546510,705.00 02 ASSISATNCE AND AUDIT** COMMENT **INVOICE TOTAL:10,705.00 * 8547711/26/25 01 2026 ROAD PROGRAM-MFT23-230-60-00-602518,800.00 INVOICE TOTAL:18,800.00 * Page 9 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 12/11/25TIME: 07:28:22UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 12/12/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------544071 EEIENGINEERING ENTERPRISES, INC. 8547811/26/25 01 FY 2027 BUDGET01-640-54-00-54651,829.50 INVOICE TOTAL:1,829.50 * 8548011/26/25 01 CYRUS ONE-CI 12 CAMPUS90-250-00-00-01113,876.25 INVOICE TOTAL:3,876.25 * 8548111/26/25 01 YSD-115 ANNEXATION01-640-54-00-54653,054.00 INVOICE TOTAL:3,054.00 * 8548211/25/25 01 2026 LOCAL ROAD PROGRAM23-230-60-00-602526,000.00 INVOICE TOTAL:26,000.00 * *** VOID---LEADER CHECK *** 544072 EEIENGINEERING ENTERPRISES, INC. 8548311/26/25 01 LM-NORTH RECEIVING STATION 51-510-60-00-601112,380.00 INVOICE TOTAL:12,380.00 * 8548411/26/25 01 LM-NORTH RECEIVING STATION 51-510-60-00-60117,343.25 02 STANDPIPE** COMMENT **INVOICE TOTAL:7,343.25 * 8548511/26/25 01 LM-NORTHWEST ELEVATED WATER 51-510-60-00-60115,088.50 02 STORAGE TANK** COMMENT **INVOICE TOTAL:5,088.50 * 8548611/26/25 01 2025 WATER MAIN REPLACEMENT 51-510-60-00-602544,972.50 INVOICE TOTAL:44,972.50 * CHECK TOTAL:245,344.46544073 EEIENGINEERING ENTERPRISES, INC. Page 10 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 12/11/25TIME: 07:28:22UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 12/12/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------544073 EEIENGINEERING ENTERPRISES, INC. 8548711/26/25 01 2025 ROAD PROGRAM-MFT23-230-60-00-602552,472.40 INVOICE TOTAL:52,472.40 * CHECK TOTAL:52,472.40544074 EEIENGINEERING ENTERPRISES, INC. 8548811/26/25 01 COSTCO90-239-00-00-011110,667.25 INVOICE TOTAL:10,667.25 * 8548911/26/25 01 ELDAMAIN WATER MAIN LOOP-S 51-510-60-00-602410,380.00 INVOICE TOTAL:10,380.00 * 8549011/26/25 01 CITY OF YORKVILLE-GENERAL 01-640-54-00-54654,053.50 INVOICE TOTAL:4,053.50 * CHECK TOTAL:25,100.75544075 HARRIS HARRIS COMPUTER SYSTEMS MSIXT0000657 11/26/25 01 NOV 2025 MYGOVHUB FEES01-120-54-00-5462373.68 02 NOV 2025 MYGOVHUB FEES51-510-54-00-5462560.52 03 NOV 2025 MYGOVHUB FEES52-520-54-00-5462164.85 INVOICE TOTAL:1,099.05 * CHECK TOTAL:1,099.05544076 IMPERINV IMPERIAL INVESTMENTS OCT 2025 REBATE 12/08/25 01 OCT 2025 BUSINESS DIST. REBATE 01-000-24-00-24885,945.97 INVOICE TOTAL:5,945.97 * CHECK TOTAL:5,945.97D004610 INTERDEV INTERDEV, LLC Page 11 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 12/11/25TIME: 07:28:22UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 12/12/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------D004610 INTERDEV INTERDEV, LLC MSP-1051656 11/30/25 01 NOV 2025 MONTHLY IT BILLING 01-640-54-00-545021,069.40 INVOICE TOTAL:21,069.40 * DIRECT DEPOSIT TOTAL:21,069.40544077 KCGIS KENDALL COUNTY GIS KCGIS-YRKVL-FY25-Q4 11/30/25 01 09/01-11/30 GIS SERVICES 01-220-54-00-54623,680.00 INVOICE TOTAL:3,680.00 * CHECK TOTAL:3,680.00544078 KENDCROS KENDALL CROSSING, LLC BD REBATE 10/25 12/08/25 01 OCT 2025 BUSINESS DIST. REBATE 01-000-24-00-24874,799.75 INVOICE TOTAL:4,799.75 * CHECK TOTAL:4,799.75544079 KENPRINT ANNETTE M. POWELL 25-1124111/24/25 01 ENVELOPES79-795-56-00-5610306.80 INVOICE TOTAL:306.80 * CHECK TOTAL:306.80544080 LLWCONSU LLOYD WARBER 1061112/01/25 01 NOV 2025 ON SITE IT SUPPORT 82-820-54-00-5462720.00 INVOICE TOTAL:720.00 * CHECK TOTAL:720.00544081 MOHRR RANDY MOHR Page 12 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 12/11/25TIME: 07:28:22UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 12/12/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------544081 MOHRR RANDY MOHR 12062512/06/25 01 REFEREE79-795-54-00-5462110.00 INVOICE TOTAL:110.00 * CHECK TOTAL:110.00544082 NARVICK NARVICK BROS. LUMBER CO, INC 10028111/14/25 01 CANNONBALL PLAYGROUND CONCRETE 25-225-60-00-6010841.50 INVOICE TOTAL:841.50 * CHECK TOTAL:841.50D004611 OLEARYC CYNTHIA O'LEARY 12925-BASKETBALL 12/09/25 01 GIRLS BASKETBALL ASSIGNING FEE 79-795-54-00-5462372.00 INVOICE TOTAL:372.00 * DIRECT DEPOSIT TOTAL:372.00D004612 PAVLIKB ROBERT J. PAVLIK 12062512/06/25 01 REFEREE79-795-54-00-5462200.00 INVOICE TOTAL:200.00 * DIRECT DEPOSIT TOTAL:200.00544083 PERRYWEA PERRY WEATHER 1211612/10/25 01 OUTDOOR WEATHER WARNING SYSTEM 25-225-60-00-606041,600.00 02 WEB & MOBILE APP ACCESS FOR 79-790-54-00-5462460.27 03 OUTDOOR WEATHER WARNING SYSTEM ** COMMENT ** INVOICE TOTAL:42,060.27 * CHECK TOTAL:42,060.27Page 13 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 12/11/25TIME: 07:28:22UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 12/12/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------544084 R0002443 THE WILLIAMS GROUP LLC 2024 TAX LEVY 12/10/25 01 INCREMENTAL P-TAX REBATE 2024 88-880-54-00-542512,556.22 02 LEVY YEAR PER ORDINANCE** COMMENT **03 2022-07** COMMENT **INVOICE TOTAL:12,556.22 * CHECK TOTAL:12,556.22544085 R0002730 THE MAKERS MARKETS 23151111/01/25 01 CRAFT SHOW PARK DEPOSIT REFUND 79-000-48-00-48251,000.00 INVOICE TOTAL:1,000.00 * CHECK TOTAL:1,000.00544086 ROBINSOT TRACY ROBINSON 12062512/06/25 01 REFEREE79-795-54-00-5462200.00 INVOICE TOTAL:200.00 * CHECK TOTAL:200.00544087 SENIOR SENIOR SERVICES ASSOCIATES,INC 2025 SANTA12/08/25 01 2025 BREAKFAST WITH SANTA 79-795-56-00-5606705.00 INVOICE TOTAL:705.00 * CHECK TOTAL:705.00544088 SOUNDENG SOUNDSCAPE ENGINEERING LLC 225912/03/25 01 CYRUS ONE DATA CENTER90-227-00-00-01111,397.50 02 CONSULTING SERVICES** COMMENT **INVOICE TOTAL:1,397.50 * 226012/03/25 01 PROJECT CARDINAL DATA CENTER 90-242-00-00-01111,867.50 Page 14 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 12/11/25TIME: 07:28:22UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 12/12/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------544088 SOUNDENG SOUNDSCAPE ENGINEERING LLC 226012/03/25 02 CONSULTING SERVICES ** COMMENT ** INVOICE TOTAL:1,867.50 * 226112/03/25 01 CYRUS ONE DATA CENTER90-250-00-00-01111,262.50 02 EXPANSION CONSULTING SERVICES ** COMMENT **INVOICE TOTAL:1,262.50 * CHECK TOTAL:4,527.50544089 VITOSH CHRISTINE M. VITOSH 239111/30/25 01 COSTCO PUBLIC HEARING90-239-00-00-001189.41 02 QUIK TRIP PUBLIC HEARING 90-208-00-00-001189.41 03 TAXY LEVY PUBLIC HEARING 01-110-54-00-546289.43 INVOICE TOTAL:268.25 * CHECK TOTAL:268.25544090 YBSD YORKVILLE BRISTOL 2025.02312/02/25 01 DEC 2025 LANDFILL EXPENSE 51-510-54-00-544531,252.99 INVOICE TOTAL:31,252.99 * 25-NOV12/10/25 01 NOV 2025 SANITARY FEES95-000-24-00-2450301,985.36 INVOICE TOTAL:301,985.36 * CHECK TOTAL:333,238.35544091 YOUNGM MARLYS J. YOUNG 111325-PC11/20/25 01 11/13/25 PC MEETING MINUTES 01-220-54-00-546285.00 INVOICE TOTAL:85.00 * 111825-PW11/24/25 01 11/18/25 PW MEETING MINUTES 01-110-54-00-546285.00 INVOICE TOTAL:85.00 * Page 15 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 12/11/25TIME: 07:28:22UNITED CITY OF YORKVILLE CHECK REGISTER ID: AP211001 INVOICES DUE ON/BEFORE 12/12/2025 CHECK # VENDOR #INVOICE ITEM INVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------544091 YOUNGM MARLYS J. YOUNG 111925-ADMIN 12/01/25 01 11/19/25 ADMIN MEETING MINUTES 01-110-54-00-546285.00 INVOICE TOTAL:85.00 * CHECK TOTAL:255.00976,804.8022,303.40TOTAL CHECKS PAID: TOTAL DIRECT DEPOSITS PAID: TOTAL AMOUNT PAID:999,108.20Page 16 of 71
DATE: 12/11/25 UNITED CITY OF YORKVILLE
TIME: 11:29:35 CHECK REGISTER
PRG ID: AP215000
CHECK DATE: 12/15/25
CHECK # VENDOR # INVOICE INVOICE ITEM
NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT
------------------------------------------------------------------------------------------------------------------------------------
544092 EEI ENGINEERING ENTERPRISES, INC.
85473 11/30/25 01 WATER SYSTEM PLANNING FOR DATA 51-510-60-00-6072 95,320.00
02 DEVELOPMENTS-2025 ** COMMENT **
INVOICE TOTAL: 95,320.00 *
CHECK TOTAL: 95,320.00
544093 HILLESLE ERIC HILLESLAND
121325 12/13/25 01 REFEREE 79-795-54-00-5462 100.00
INVOICE TOTAL: 100.00 *
CHECK TOTAL: 100.00
544094 KLUBER KLUBER, INC
9923 11/30/25 01 PUBLIC WORKS AND PARK 24-216-60-00-6042 26,740.40
02 MAINTENANCE BUILDING COMPLETED ** COMMENT **
03 WORK ** COMMENT **
INVOICE TOTAL: 26,740.40 *
CHECK TOTAL: 26,740.40
544095 MARCO MARCO TECHNOLOGIES LLC
569732118 11/26/25 01 11/20-12/20 COPIER CHARGES 01-110-54-00-5485 266.29
02 11/20-12/20 COPIER CHARGES 01-120-54-00-5485 266.27
03 11/20-12/20 COPIER CHARGES 01-220-54-00-5485 532.58
04 11/20-12/20 COPIER CHARGES 01-210-54-00-5485 684.73
05 11/20-12/20 COPIER CHARGES 01-410-54-00-5485 53.80
06 11/20-12/20 COPIER CHARGES 51-510-54-00-5485 53.80
07 11/20-12/20 COPIER CHARGES 52-520-54-00-5485 53.79
08 11/20-12/20 COPIER CHARGES 79-790-54-00-5485 161.39
09 11/20-12/20 COPIER CHARGES 79-795-54-00-5485 266.29
INVOICE TOTAL: 2,338.94 *
CHECK TOTAL: 2,338.94
Page 17 of 71
DATE: 12/11/25 UNITED CITY OF YORKVILLE
TIME: 11:29:35 CHECK REGISTER
PRG ID: AP215000
CHECK DATE: 12/15/25
CHECK # VENDOR # INVOICE INVOICE ITEM
NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT
------------------------------------------------------------------------------------------------------------------------------------
544096 OLEARYM MARTIN J. O'LEARY
121325 12/13/25 01 REFEREE 79-795-54-00-5462 100.00
INVOICE TOTAL: 100.00 *
CHECK TOTAL: 100.00
544097 ROBINSOT TRACY ROBINSON
121325 12/13/25 01 REFEREE 79-795-54-00-5462 200.00
INVOICE TOTAL: 200.00 *
CHECK TOTAL: 200.00
544098 THOMASR RANDY THOMAS
121325 12/10/25 01 REFEREE 79-795-54-00-5462 110.00
INVOICE TOTAL: 110.00 *
CHECK TOTAL: 110.00
TOTAL AMOUNT PAID: 124,909.34
Page 18 of 71
01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 12/15/25 UNITED CITY OF YORKVILLE TIME: 09:14:03 CHECK REGISTER PRG ID: AP215000 CHECK DATE: 12/16/25 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544099 INTERIOR INTERIORS FOR BUSINESS 112025-QUOTE DEP 12/12/25 01 BUILDING FURNITURE DEPOSIT 24-216-60-00-6042 247,969.49 INVOICE TOTAL: 247,969.49 * CHECK TOTAL: 247,969.49 TOTAL AMOUNT PAID: 247,969.49Page 19 of 71
DATE: 12/23/25UNITED CITY OF YORKVILLE TIME: 15:59:49MANUAL CHECK REGISTER ID: AP225000 CHECK # VENDOR # INVOICE ITEMCHECK INVOICE #DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------900171 FNBO FIRST NATIONAL BANK OMAHA12/25/25 122525-A.DENSBERGER 11/30/25 01 CLOUDBEDS-TRAINING LODGING 01-210-54-00-5415112.32 02 COVERT MEDIA-TRAINING01-210-54-00-5412250.00 03 REGISTRATION-GOLDSMITH** COMMENT **04 APF TACTICAL TRAINING CREDIT 01-210-54-00-5412-195.0005 APF TACTICAL TRAINING CREDIT 01-210-54-00-5412-195.00INVOICE TOTAL:-27.68 *122525-A.ROSA 11/30/25 01 MENARDS#110325-WATER01-220-56-00-562035.88INVOICE TOTAL:35.88 *122525-A.ROZBORSKI 11/30/25 01 TRANS CHICAGO-ACCELERATOR01-410-56-00-5640252.2802 REPAIR** COMMENT **03 AMAZON-DIGITAL SCALE01-410-56-00-562032.4204 MENARDS#110425-BAR HOLDER01-410-56-00-562018.36INVOICE TOTAL:303.06 *122525-A.SIMMONS 11/30/25 01 NICOR-10/02-11/03 651 PP01-110-54-00-5480157.9802 ADS-ANNUAL MONITORING AT 902 82-820-54-00-54621,452.72 03 GAME FARM ROAD** COMMENT **04 GOTO-NOV 2025 PHONES AT 651PP 01-110-54-00-5440180.85 05 GOTO-NOV 2025 PHONES AT 651PP 01-220-54-00-5440192.91 06 GOTO-NOV 2025 PHONES AT 651PP 01-120-54-00-5440132.62 07 GOTO-NOV 2025 PHONES AT 651PP 79-795-54-00-5440192.91 08 GOTO-NOV 2025 PHONES AT 651PP 01-210-54-00-5440964.53 09 QUADIENT-NOV-FEB 2026 POSTAGE 01-120-54-00-5485254.75 10 MACHINE LEASE** COMMENT **11 VERIZON-10/2-11/1 IN CAR UNITS 01-210-54-00-5440819.62 12 COMCAST-10/20-11/19 651 PP 01-110-54-00-544082.55 13 INTERNET** COMMENT **14 COMCAST-10/20-11/19 651 PP 01-220-54-00-544088.06 15 INTERNET** COMMENT **16 COMCAST-10/20-11/19 651 PP 01-120-54-00-544060.54 17 INTERNET** COMMENT **18 COMCAST-10/20-11/19 651 PP 79-790-54-00-544088.06 19 INTERNET** COMMENT **20 COMCAST-10/20-11/19 651 PP 01-210-54-00-5440440.28 21 INTERNET** COMMENT **22 COMCAST-10/20-11/19 651 PP 79-795-54-00-544088.04 23 INTERNET** COMMENT **24 ADS-DEC-FEB ALARM MONITORING 24-216-54-00-5446120.00 25 AT 908 GAME FARM RD** COMMENT **26 ADS-DEC-FEB ALARM MONITORING 24-216-54-00-5446120.00 27 AT 102 E VAN EMMON** COMMENT **28 ADS-DEC-FEB ALARM MONITORING 24-216-54-00-5446360.00 29 FOR LIFT STATIONS** COMMENT **Page 20 of 71
DATE: 12/23/25UNITED CITY OF YORKVILLE TIME: 15:59:49MANUAL CHECK REGISTER ID: AP225000 CHECK # VENDOR # INVOICE ITEMCHECK INVOICE #DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------900171 FNBO FIRST NATIONAL BANK OMAHA12/25/25 122525-A.SIMMONS 11/30/25 30 ADS-DEC-FEB ALARM MONITORING 24-216-54-00-5440120.00 31 AT 651 PP** COMMENT **32 QUILL-EXPANDING FILES01-120-56-00-561033.99 INVOICE TOTAL:5,950.41 * 122525-A.ZITT 11/30/25 01 ILSOS-CDL RENEWAL51-510-54-00-541251.13 02 AMAZON-REFLECTIVE RAIN PANTS 51-510-56-00-562063.61 03 MENARDS#110525-TOP SOIL51-510-56-00-562051.60 04 MENARDS#103025-GRASS SEED51-510-56-00-562044.47 INVOICE TOTAL:210.81 * 122525-B.BEHRENS 11/30/25 01 MENARDS#110625-CABLE TIES01-410-56-00-56201.67 02 MENARDS#BULBS103125-01-410-56-00-56204.99 INVOICE TOTAL:6.66 * 122525-B.JONES 11/30/25 01 ACE-RAKES01-410-56-00-562059.98 02 MENARDS#103125-COVERS01-410-56-00-562017.96 03 MENARDS#110525-LEAF RAKES01-410-56-00-562048.63 INVOICE TOTAL:126.57 * 122525-B.OLSON 11/30/25 01 NY TIMES-2026 ALL ACCESS01-110-54-00-54604.00 02 ZOOM-11/23-12/22 USER FEES 01-110-54-00-5462194.95 INVOICE TOTAL:198.95 * 122525-B.WOLF 11/30/25 01 FLATSOS#37583-2 INSTALLED TIRE 79-790-54-00-5495490.00 INVOICE TOTAL:490.00 * 122525-D.BROWN 11/30/25 01 GRAINGER-EAGLE OVERPACKED DRUM 51-510-56-00-56381,470.68 02 O'REILLY-WIPER BLADES51-510-56-00-562866.48 03 GRAINGER-GLOVES51-510-56-00-562037.92 04 ILAWWA-WATER SEWER PLANS CLASS 51-510-54-00-541256.00 05 MENARDS#110725-COUPLING,TAPE, 51-510-56-00-562056.07 06 NIPPLES** COMMENT **07 MENARDS#112025-HEX KEY SET, 51-510-56-00-562010.98 08 GLOVES** COMMENT **09 MENARDS#110425-COUPLING51-510-56-00-562035.92 10 CASEYS-ICE51-510-56-00-56206.05 INVOICE TOTAL:1,740.10 * 122525-D.HENNE 11/30/25 01 RURAL KING-V BELTS01-410-56-00-564029.98 02 DUTEK#1028269-HOSES01-410-54-00-549038.00 03 DUTEK#1028239-HOSES01-410-54-00-549034.00 04 ACE-NUTS01-410-56-00-56202.18 05 NAPA#401186-V BELTS01-410-56-00-564061.96 06 MENARDS#102925-RESPIRATOR01-410-56-00-564019.99 INVOICE TOTAL:186.11 * Page 21 of 71
DATE: 12/23/25UNITED CITY OF YORKVILLE TIME: 15:59:49MANUAL CHECK REGISTER ID: AP225000 CHECK # VENDOR # INVOICE ITEMCHECK INVOICE #DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------900171 FNBO FIRST NATIONAL BANK OMAHA12/25/25 122525-D.SMITH 11/30/25 01 MENARDS#111725-DUCT TAPE25-225-60-00-601022.98 02 MENARDS#111725-LIGHTS25-225-60-00-601087.96 03 MENARDS#111225-SPRAY PAINT, 25-225-60-00-601040.64 04 BOARDS, SCREWS** COMMENT **05 MENARDS#111225- SHEATHING, 25-225-60-00-6010122.14 06 SPRAY PAINT, CLAMPS,** COMMENT **07 ELECTRICAL TAPE, SCREWS** COMMENT **08 CENTRAL SOD-SOD FOR CANNONBALL 25-225-60-00-6010446.00 09 PLAYGROUND** COMMENT **10 CENTRAL SOD-SOD FOR BASEBALL 79-790-56-00-5646339.00 11 REHAB** COMMENT **12 CENTRAL SOD-SOD FOR BASEBALL 79-790-56-00-5646621.00 13 REHAB** COMMENT **14 CENTRAL SOD-SOD FOR BASEBALL 79-790-56-00-5646324.00 15 REHAB** COMMENT **INVOICE TOTAL:2,003.72 * 122525-D.YODER 11/30/25 01 FLATSOS#37661-2 TIRES01-410-54-00-54901,350.00 02 MENARDS#102925-PLYWOOD01-410-56-00-562898.97 03 MENARDS#103025-PLYWOOD, NUTS, 01-410-56-00-5628344.64 04 WASHERS, BOLTS** COMMENT **05 NAPA#401581-FUSE01-410-56-00-56403.69 06 MENARDS#103025-BOLTS,COUPLING, 01-410-56-00-562055.71 07 DISCS** COMMENT **08 MENARDS#110725-SPLICES01-410-56-00-562029.07 09 MENARDS#111425-SCREWS01-410-56-00-562010.67 10 MENARDS#110625-BLADES01-410-56-00-562036.97 INVOICE TOTAL:1,929.72 * 122525-E.DHUSE 11/30/25 01 NAMEPLATE-NAMEPLATES24-216-56-00-5656400.00 02 GASN-N-WASH-MONTHLY CAR WASHES 01-410-56-00-562829.95 INVOICE TOTAL:429.95 * 122525-E.HERNANDEZ 11/30/25 01 MENARDS#102925- CONDUIT,01-410-56-00-562091.17 02 ELBOWS, LITE** COMMENT **03 MENARDS#110425-BOLTS01-410-56-00-56202.48 INVOICE TOTAL:93.65 * 122525-E.WILLRETT 11/30/25 01 ROSATIS-CC MEETING FOOD01-110-56-00-5610419.76 02 STERCHI-DOT DRUG TESTING01-410-54-00-5462360.00 03 STERCHI-DOT DRUG TESTING51-510-54-00-5462420.00 04 STERCHI-DOT DRUG TESTING52-520-54-00-546260.00 05 STERCHI-DOT DRUG TESTING79-790-54-00-5462360.00 06 STERCHI-DOT DRUG TESTING79-795-54-00-546250.00 07 NIU OUTREACH-IL FINACIAL01-110-54-00-5412178.00 Page 22 of 71
DATE: 12/23/25UNITED CITY OF YORKVILLE TIME: 15:59:49MANUAL CHECK REGISTER ID: AP225000 CHECK # VENDOR # INVOICE ITEMCHECK INVOICE #DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------900171 FNBO FIRST NATIONAL BANK OMAHA12/25/25 122525-E.WILLRETT 11/30/25 08 FORCAST FORUM VIRTUAL ** COMMENT ** 09 REGISTRATION-WILLRETT & OLSON ** COMMENT ** 10 NIU OUTREACH-IL FINACIAL01-120-54-00-541289.00 11 FORCAST FORUM VIRTUAL ** COMMENT ** 12 REGISTRATION-FREDRICKSON ** COMMENT ** 13 INTERDEV#CW1051607-DOWNPAYMENT 01-640-54-00-54788,705.00 14 FOR SPECIAL CENSUS PRO ** COMMENT ** 15 APPLICATIONS ** COMMENT ** INVOICE TOTAL:10,641.76 * 122525-G.HASTINGS 11/30/25 01 VALVOLINE-CREDIT FOR TAX01-220-54-00-5490-8.79INVOICE TOTAL:-8.79 *122525-G.JOHNSON 11/30/25 01 HOME DEPO-NUTS, BOLTS51-510-56-00-562011.17 INVOICE TOTAL:11.17 * 122525-G.NELSON 11/30/25 01 AMAZON-COPY PAPER01-220-56-00-561056.80 02 AMAZON-CORRECTION TAPE, LEGAL 01-220-56-00-561048.31 03 PADS, TAPE** COMMENT **04 AMAZON-PLASTIC FORKS01-220-56-00-562022.76 05 AMAZON-PINE CONES, BANDAGES 01-220-56-00-562022.98 06 AMAZON-COPY PAPER01-220-56-00-561078.96 07 AMAZON-CHRISTMAS WREATH01-220-56-00-5620139.99 INVOICE TOTAL:369.80 * 122525-G.STEFFENS 11/30/25 01 MENARDS#103125-TRUCK TOOLS 52-520-56-00-562037.74 02 ACE-SCREWS52-520-56-00-56202.32 INVOICE TOTAL:40.06 * 122525-J.ANDERSON 11/30/25 01 MENARDS#111825-SYRINGE,79-790-56-00-564029.97 02 CONCRETE MASON** COMMENT **INVOICE TOTAL:29.97 * 122525-J.BEHLAND 11/30/25 01 IN TOWNE STPORAGE-MONTHLY01-220-54-00-5485338.00 02 STORAGE RENTAL** COMMENT **03 TRIBUNE-RT.126 WATER MAIN51-510-60-00-6011463.87 04 IMPROVEMENTS REQUEST FOR BIDS ** COMMENT **05 TRIBUNE-WIFIA LOAN PUBLIC51-510-54-00-5402439.58 06 NOTICE** COMMENT **07 TRIBUNE- WIFIA LOAN51-510-54-00-54021,408.80 08 ORIDINANCE PUBLICATION** COMMENT **09 TRIBUNE-WIFIA LOAN PUBLIC51-510-54-00-5402170.00 10 HEARING NOTICE** COMMENT **INVOICE TOTAL:2,820.25 * 122525-J.GALAUNER 12/04/25 01 BSN#931839711-SOCCER JERSEYS 79-795-56-00-56065,790.00 Page 23 of 71
DATE: 12/23/25UNITED CITY OF YORKVILLE TIME: 15:59:49MANUAL CHECK REGISTER ID: AP225000 CHECK # VENDOR # INVOICE ITEMCHECK INVOICE #DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------900171 FNBO FIRST NATIONAL BANK OMAHA12/25/25 122525-J.GALAUNER 12/04/25 02 BSN#932019663-BASEBALL COACHES 79-795-56-00-56063,963.50 03 SHIRSTS & HATS** COMMENT **INVOICE TOTAL:9,753.50 * 122525-J.JACKSON 11/30/25 01 MENARDS#103025-CLEANING52-520-56-00-562072.46 02 SUPPLIES, PLUNGER** COMMENT **03 HOME DEPO-NOZZLE KIT52-520-56-00-562042.91 04 MENARDS#111325-PINCH POINT BAR 52-520-56-00-563075.96 05 MENARDS#111325-FACE MASK,52-520-56-00-562022.38 06 RATCHET** COMMENT **INVOICE TOTAL:213.71 * 122525-J.JENSEN 11/30/25 01 FBINAA-ANNUAL DUES RENEWAL 01-210-54-00-5460145.00 02 YORK CHAMBER-3 LUNCHEONS01-210-54-00-541584.00 03 IACP-MEMBERSHIP DUES01-210-54-00-5460220.00 INVOICE TOTAL:449.00 * 122525-J.NAVARRO 11/30/25 01 ADS-BEECHER ALARM REPAIR24-216-54-00-5446347.74 02 CERTAPRO-PAINT GARAGE EXTERIOR 24-216-60-00-60202,288.25 03 AMAZON-PAPER TOWELS, GARBAGE 24-216-56-00-5656331.12 04 BAGS, CLEANING SPRAY** COMMENT **INVOICE TOTAL:2,967.11 * 122525-J.WEISS 11/30/25 01 AMAZON-TRADING CARD SLEEVES 82-000-24-00-24804.99 02 AMAZON-BRASS FASTNERS82-000-24-00-24803.99 03 AMAZON-STORY WALK BOOKS82-000-24-00-248023.38 04 AMAZON-FOL PROGRAM SUPPLIES 82-000-24-00-2480101.92 05 DOLLAR TREE-TABLE COVERS,82-000-24-00-248015.00 06 NAPKINS** COMMENT **07 TARGET-WATER, COOKIES82-000-24-00-248018.54 08 AMAZON-RING POPS82-000-24-00-248013.99 INVOICE TOTAL:181.81 * 122525-JULIE.GALAUNE 11/30/25 02 AMAZON-2025 RIVER FEST STICKY 79-000-14-00-140090.15 03 HANDS** COMMENT **04 AMAZON-2026 RIVERFEST STICKY 79-000-14-00-140090.15 05 HANDS** COMMENT **06 AMAZON-HOLIDAY EVENT PINS79-795-56-00-560616.68 07 AMAZON-HOLIDAY SNOW FLUID79-795-56-00-5606154.93 08 AMAZON-HOLIDAY SNOW MACHINE 79-795-56-00-5606310.97 09 AMAZON-HOLIDAY GIFT BASKET 79-795-56-00-560666.83 10 PRIZES** COMMENT **11 TARGET-HOLIDAY GIFT BASKET 79-795-56-00-5606146.90 12 PRIZES, HOT COCOA** COMMENT **13 WALMART-HOLIDAY CELEBRATION 79-795-56-00-5606303.65 Page 24 of 71
DATE: 12/23/25UNITED CITY OF YORKVILLE TIME: 15:59:49MANUAL CHECK REGISTER ID: AP225000 CHECK # VENDOR # INVOICE ITEMCHECK INVOICE #DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------900171 FNBO FIRST NATIONAL BANK OMAHA12/25/25 122525-JULIE.GALAUNE 11/30/25 14 SUPPLIES ** COMMENT ** 15 COLLINS AWARDS-HOLIDAY79-795-56-00-5606432.60 16 CELEBRATION TROPHIES ** COMMENT ** 17 FUN EXPRESS-HOLIDAY PUZZLES 79-795-56-00-560655.31 INVOICE TOTAL:1,668.17 * 122525-K.BALOG 11/30/25 01 CINCINNATI INS-2 SURETY BONDS 01-210-54-00-546280.00 02 AMAZON-SPACE HEATER,BATTERIES 01-210-56-00-5610106.96 03 COMCAST-KENCOM INTERNET24-216-54-00-54461,746.50 04 FLORAL EXPRESS-FLOWERS01-210-56-00-5650119.76 05 KENDALL PRINT-TRAFFIC STOP 01-210-54-00-5430295.75 06 RECEIPTS** COMMENT **INVOICE TOTAL:2,348.97 * 122525-K.BARKSDALE 11/30/25 01 ADOBE-MONTHLY CREATIVE CLOUD 01-220-54-00-546269.99 02 FEE** COMMENT **INVOICE TOTAL:69.99 * 122525-K.IHRIG 11/30/25 01 AMAZON-PRESCHOOL CRAFT ITEMS 79-795-56-00-560650.47 02 AMAZON-CHRISTMAS SUPPLIES79-795-56-00-560679.79 03 WALMART-PRESCHOOL CRAFT ITEMS 79-795-56-00-5606107.19 04 AMAZON-PRESCHOOL CRAFT ITEMS 79-795-56-00-560694.88 05 TARGET-RUST-OLEUM, GLUE79-795-56-00-560612.57 06 SCHOLASTIC-BOOKS79-795-56-00-5606173.87 07 TARGET-RUST-OLEUM79-795-56-00-56066.19 08 TPT-CHRISTMAS ACTIVITIES79-795-56-00-56063.00 09 AMAZON-CRAFT SUPPLIES79-795-56-00-560623.57 10 AMAZON-CRAFT PAPER, TILES79-795-56-00-5606200.46 INVOICE TOTAL:751.99 * 122525-K.JONES 11/30/25 01 AMPERAGE#2294439-SPLICE KITS 23-230-56-00-5642182.43 02 AMPERAGE#2296390-BULBS23-230-56-00-564263.18 03 ARNESON#280748-OCT 2025 GAS 01-410-56-00-5695100.91 04 ARNESON#280748-OCT 2025 GAS 51-510-56-00-5695100.91 05 ARNESON#280748-OCT 2025 GAS 52-520-56-00-5695100.92 06 ARNESON#280749-OCT 2025 DSL 01-410-56-00-5695316.80 07 ARNESON#280749-OCT 2025 DSL 51-510-56-00-5695316.80 08 ARNESON#280749-OCT 2025 DSL 52-520-56-00-5695316.80 09 ARNESON#281494-OCT 2025 GAS 01-410-56-00-5695455.62 10 ARNESON#281494-OCT 2025 GAS 51-510-56-00-5695455.62 11 ARNESON#281494-OCT 2025 GAS 52-520-56-00-5695455.63 12 HIGH STAR#16408-SIGNS23-230-56-00-5619822.85 13 ARNESON#281493-OCT 2025 DSL 01-410-56-00-5695313.22 14 ARNESON#281493-OCT 2025 DSL 51-510-56-00-5695313.22 15 ARNESON#281493-OCT 2025 DSL 52-520-56-00-5695313.23 Page 25 of 71
DATE: 12/23/25UNITED CITY OF YORKVILLE TIME: 15:59:49MANUAL CHECK REGISTER ID: AP225000 CHECK # VENDOR # INVOICE ITEMCHECK INVOICE #DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------900171 FNBO FIRST NATIONAL BANK OMAHA12/25/25 122525-K.JONES 11/30/25 16 AMPERAGE#2304583-RETURNED BULB 23-230-56-00-5642-84.2417 AMPERAGE#2296529-RETURNED23-230-56-00-5642-121.6218 SPLICE KIT** COMMENT **19 AMPERAGE#2296528-RETURNED TUBE 23-230-56-00-5642-72.0120 AMPERAGE#2303367-BULBS23-230-56-00-5642248.1621 AMPERAGE#2304110-PHOTOCELLS 23-230-56-00-564230.7222 AMPERAGE#2296550-fuses52-520-56-00-5613220.8023 AMPERAGE#2296899-bulbs23-230-56-00-5642398.3424 AMPERAGE#2297759-BALLAST KIT 23-230-56-00-5642130.6825 AMPERAGE#2297665-BALLAST KIT 52-520-56-00-561354.4226 AMPERAGE#2297408-BULBS23-230-56-00-5642186.1227 AMPERAGE#2296561-FUSES52-520-56-00-5613110.4028 AMPERAGE#2299294-TORKS23-230-56-00-5642118.7229 AMPERAGE#2300486-FLUSH MOUNTS 23-230-56-00-564242.1230 ARNESON#285057-OCT 2025 DSL 01-410-56-00-5695204.9031 ARNESON#285057-OCT 2025 DSL 51-510-56-00-5695204.9032 ARNESON#285057-OCT 2025 DSL 52-520-56-00-5695204.9133 ARNESON#285055-OCT 2025 GAS 01-410-56-00-5695235.6634 ARNESON#285055-OCT 2025 GAS 51-510-56-00-5695235.6635 ARNESON#285055-OCT 2025 GAS 52-520-56-00-5695235.6736 WATER PRODUCTS#0331940-TUBES, 51-510-56-00-56401,103.97 37 CURB STOPS** COMMENT **38 AMPERAGE#2297826-LAMPS23-230-56-00-564262.64 39 AMPERAGE#2299224-LAMPS,23-230-56-00-5642596.42 40 TORKS, BALLAST** COMMENT **41 AMPERAGE#2300492-LAMPS23-230-56-00-5642150.00 42 AMPERAGE#2294699-SPLICE KIT 23-230-56-00-564240.35 43 AMPERAGE#2302261-TORKS23-230-56-00-5642122.88 44 AMPERAGE#2303284-LAMPS, TORKS 23-230-56-00-5642438.06 45 METRO INDUSTRY#077856-BRUELL 52-520-54-00-54441,559.00 46 LIFT STATION REPAIRS** COMMENT **47 METRO INDUSTRY#077872-BRUELL 52-520-54-00-54441,493.79 48 LIFT STATION REPAIRS** COMMENT **49 METRO INDUSTRY#078040-LIFT 52-520-54-00-5444360.00 50 STATION MONTHLY METRO CLOUD ** COMMENT **51 DATA SERVICE** COMMENT **52 AQUAFIX-VITASTIM GREASE52-520-56-00-56131,149.08 53 LINDCO#2308831-INSTALLATION 01-410-56-00-56281,373.18 54 OF TIE DOWN LOOPS WELDED TO ** COMMENT **55 UNDERBED ON EACH SIDE** COMMENT **56 LINDCO#250648P-HINGES01-410-56-00-5628375.34 57 ARNESON#278068-OCT 2025 GAS 01-410-56-00-5695284.93 58 ARNESON#278068-OCT 2025 GAS 51-510-56-00-5695284.93 59 ARNESON#278068-OCT 2025 GAS 52-520-56-00-5695284.93 60 AMPERAGE#2304113-TORKS23-230-56-00-5642122.66 Page 26 of 71
DATE: 12/23/25UNITED CITY OF YORKVILLE TIME: 15:59:49MANUAL CHECK REGISTER ID: AP225000 CHECK # VENDOR # INVOICE ITEMCHECK INVOICE #DATE# DESCRIPTION DATE ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------900171 FNBO FIRST NATIONAL BANK OMAHA12/25/25 122525-K.JONES 11/30/25 61 AMPERAGE#2306356-TORKS, LAMPS 23-230-56-00-5642389.64 62 AMPERAGE#2306875-TORKS23-230-56-00-564215.36 63 AMPERAGE#2307650-LAMPS23-230-56-00-5642214.75 64 AMPERAGE#2306878-TORKS23-230-56-00-5642122.66 65 AMPERAGE#2308891-BALLAST KIT 23-230-56-00-5642130.68 66 ARNESON#278067-OCT 2025 DSL 01-410-56-00-5695486.21 67 ARNESON#278067-OCT 2025 DSL 51-510-56-00-5695486.21 68 ARNESON#278067-OCT 2025 DSL 52-520-56-00-5695486.20 69 LAWSON#9312945228-WASHERS, 01-410-56-00-5620235.62 70 NUTS, SCREWS, CABLE TIES,** COMMENT **71 CUTTING WHEELS** COMMENT **72 LAWSON#9312945228-WASHERS, 51-510-56-00-5620235.62 73 NUTS, SCREWS, CABLE TIES,** COMMENT **74 CUTTING WHEELS** COMMENT **75 LAWSON#9312945228-WASHERS, 52-520-56-00-5620235.62 76 NUTS, SCREWS, CABLE TIES,** COMMENT **77 CUTTING WHEELS** COMMENT **78 WELDSTAR-CYLINDER RENTAL01-410-54-00-548591.80 79 WATER PRODUCTS#0332358-PLUGS, 51-510-56-00-5640102.91 80 COUPLING** COMMENT **81 ARNESON#281739-OCT 2025 GAS 01-410-56-00-5695194.13 82 ARNESON#281739-OCT 2025 GAS 51-510-56-00-5695194.13 83 ARNESON#281739-OCT 2025 GAS 52-520-56-00-5695194.14 84 ARNESON#281740-OCT 2025 DSL 01-410-56-00-5695269.16 85 ARNESON#281740-OCT 2025 DSL 51-510-56-00-5695269.16 86 ARNESON#281740-OCT 2025 DSL 52-520-56-00-5695269.16 INVOICE TOTAL:21,637.77 * 122525-L.THOMAS 11/30/25 01 KENDALL PRINT-PAYROLL CHECKS 01-120-54-00-5430218.00 INVOICE TOTAL:218.00 * 122525-M.BARBANENTE 11/30/25 01 DOLLAR TREE-GIFT WRAPPING ITEM 79-795-56-00-560624.75 02 FIVE BELOW-DECK THE TREE ITEMS 79-795-56-00-560626.00 03 WALMART-PAPER PLATES79-795-56-00-560615.76 04 TARGET-CLEANING SUPPLIES79-795-56-00-560611.77 05 DOLLAR TREE-RSG LETTER DECOR 79-795-56-00-560610.00 06 DOLLAR TREE-COOKIE PANS79-795-56-00-560610.00 INVOICE TOTAL:98.28 * 122525-M.CARYLE 11/30/25 01 TERA#502773-SQUAD REPAIR01-210-54-00-54951,245.33 02 TERA#503157-TIRE REPAIR01-210-54-00-549534.70 03 TERA#502976-SQUAD REPAIR01-210-54-00-5495847.92 04 TERA#503330-OIL CHANGE01-210-54-00-549561.74 05 TERA#503466-REPLACED ACTUATOR 01-210-54-00-5495380.10 06 TERA#503117-OIL&FILTER CHANGE 01-210-54-00-5495191.75 Page 27 of 71
DATE: 12/23/25UNITED CITY OF YORKVILLE TIME: 15:59:49MANUAL CHECK REGISTER ID: AP225000 CHECK # VENDOR # INVOICE ITEMCHECK INVOICE #DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------900171 FNBO FIRST NATIONAL BANK OMAHA12/25/25 122525-M.CARYLE 11/30/25 07 THOMSON REUTERS-MONTHLY01-210-54-00-5419476.70 08 SOFTWARE SUBSCRIPTION-OCT 2025 ** COMMENT **09 CARSTAR-VEHICLE ACCIDENT01-210-54-00-54951,000.00 10 REPAIR DEDUCTIBLE** COMMENT **11 CARSTAR-VEHICLE ACCIDENT01-210-54-00-54951,000.00 12 REPAIR DEDUCTIBLE** COMMENT **13 OSWEGO VISION-EYEGLASSES-01-210-56-00-5600456.00 14 SHEPHERD** COMMENT **15 CHICAGO COMM-REPLACE FUSES AND 01-210-54-00-54951,155.00 16 RADARS** COMMENT **17 CHICAGO COMM-SQUAD EQUIPMENT 25-205-60-00-60701,815.00 18 REMOVAL** COMMENT **INVOICE TOTAL:8,664.24 * 122525-M.CISIJA 11/30/25 01 TURBOSCRIBE-11/18-12/1801-110-54-00-546020.00 02 SUBSCRIPTION** COMMENT **03 JEWEL-WATER,PLATES,COOKIES 01-110-56-00-561056.39 INVOICE TOTAL:76.39 * 122525-M.CURTIS 11/30/25 01 AMAZON-ORNAMENTS82-000-24-00-248012.99 INVOICE TOTAL:12.99 * 122525-M.MCGREGORY 11/30/25 01 AMAZON-OFFICE CHAIRS51-510-56-00-5620123.49 02 MENARDS#111325-WRENCH COMBO 51-510-56-00-562024.99 03 CASEYS-ICE51-510-56-00-56203.22 04 ACE-KEYS51-510-56-00-562025.70 05 FLATSOS#37840-4 NEW TIRES51-510-54-00-54901,000.00 INVOICE TOTAL:1,177.40 * 122525-M.NELSON 11/30/25 01 AAN-NOTARY COURSE-JOHNSON01-210-54-00-546229.00 02 AAN-NOTARY COURSE-KETCHMARK 01-210-54-00-546229.00 INVOICE TOTAL:58.00 * 122525-M.WARD 11/30/25 01 YORK POST-POSTAGE82-820-54-00-545261.01 02 AMAZON-BOOKS82-820-56-00-568616.50 INVOICE TOTAL:77.51 * 122525-P.LANDA 11/30/25 01 MENARDS#111225-CABLE TIES79-790-56-00-56206.99 02 MENARDS#111925-HOLIDAY DECOR 25-225-60-00-6010147.82 INVOICE TOTAL:154.81 * 122525-P.LEGENDRE 11/30/25 01 HOME DEPO-MARKING WAND51-510-56-00-562037.98 02 MENARDS#112425-HEPA VAC51-510-56-00-5630245.47 INVOICE TOTAL:283.45 * 122525-P.MCMAHON 11/30/25 01 CAT SCALE-TRUCK WEIGHING01-210-56-00-562029.50 Page 28 of 71
DATE: 12/23/25UNITED CITY OF YORKVILLE TIME: 15:59:49MANUAL CHECK REGISTER ID: AP225000 CHECK # VENDOR # INVOICE ITEMCHECK INVOICE #DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------900171 FNBO FIRST NATIONAL BANK OMAHA12/25/25 122525-P.MCMAHON 11/30/25 02 AMAZON-PHONE CASE01-210-56-00-562019.88 03 PF PETTIBONE-OVERWEIGHT TICKET 01-210-54-00-543098.80 04 BOOKS** COMMENT **05 PF PETTIBONE-DIGITAL ID CARD 01-210-54-00-543022.00 06 NARESCUE-FIRST AID SUPPLIES 01-210-56-00-5620468.00 07 GAS-N-WASH-OCT 2025 WASHES 01-210-54-00-549536.40 08 LOGO FACTORY-2 NIKE SHIRTS 01-210-56-00-5600109.45 INVOICE TOTAL:784.03 * 122525-P.RATOS 11/30/25 01 ICC-MEMDERSHIP RENEWAL01-220-54-00-5460170.00 02 AMAZON-IRC 2021 CODE BOOK01-220-54-00-5412129.99 03 AMAZON-CODE BOOKS & TABS01-220-54-00-541264.54 INVOICE TOTAL:364.53 * 122525-P.SCODRO 11/30/25 01 MENARDS#112025-BATTERIES,BINS, 51-510-56-00-562057.63 02 DUCT SEALING COMPOUND** COMMENT **03 MENARDS#112025-WRENCH, HAMMER, 51-510-56-00-5630436.93 04 TORCH KIT, BUTANE FUEL** COMMENT **05 MENARDS#110325-FLEX TAGS51-510-56-00-56201.97 06 MENARDS#111425-CLEANERS01-410-56-00-562017.26 07 HOME DEPO-BATTERIES51-510-56-00-562027.74 08 HOMED DEPO-PLIERS, GLOVES51-510-56-00-562029.85 09 KEYME-COPY KEY51-510-56-00-56205.43 INVOICE TOTAL:576.81 * 122525-R.BEDFORD 11/30/25 01 NAPA#401575-MATS01-410-56-00-562043.98 02 MENARDS#112425-HOSE BARB01-410-56-00-56209.52 INVOICE TOTAL:53.50 * 122525-R.CONARD 11/30/25 01 MENARDS#111425-BRITA WATER 51-510-56-00-5638199.92 02 PITCHERS** COMMENT **03 MENARDS#110725-BATTERY51-510-56-00-5620119.99 04 MENARDS#112125-TOOL BAG,TOWELS 51-510-56-00-562076.72 05 MENARDS#111725-PVC PLUGS51-510-56-00-56205.98 INVOICE TOTAL:402.61 * 122525-R.FREDRICKSON 11/30/25 01 IPASS-TRANSPONDER REFILL01-000-14-00-141020.00 02 COMCAST-10/13-11/12 INTERNET 51-510-54-00-5440128.91 03 AT 610 TOWER PLANT** COMMENT **04 COMCAST-10/15-11/14 INTERNET 79-795-54-00-5440251.86 05 AT 102 E VAN EMMON** COMMENT **06 NEWTEK-11/11-12/11 WEB HOSTING 01-640-54-00-545017.90 07 YORK POST-JRB PACKET POSTAGE 87-870-54-00-54628.02 08 YORK POST-JRB PACKET POSTAGE 88-880-54-00-54628.01 09 YORK POST-JRB PACKET POSTAGE 89-890-54-00-54628.01 Page 29 of 71
DATE: 12/23/25UNITED CITY OF YORKVILLE TIME: 15:59:49MANUAL CHECK REGISTER ID: AP225000 CHECK # VENDOR # INVOICE ITEMCHECK INVOICE #DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------900171 FNBO FIRST NATIONAL BANK OMAHA12/25/25 122525-R.FREDRICKSON 11/30/25 10 COMCAST-10/29-11/28 185 WOLF 79-790-54-00-5440306.86 11 INTERNET** COMMENT **12 COMCAST-10/30-11/29 610 TOWER 52-520-54-00-544031.58 13 INTERNET** COMMENT **14 COMCAST-10/30-11/29 610 TOWER 01-410-54-00-5440126.32 15 INTERNET** COMMENT **16 COMCAST-10/30-11/29 610 TOWER 51-510-54-00-544078.95 17 INTERNET** COMMENT **INVOICE TOTAL:986.42 * 122525-R.HODOUS 11/30/25 01 MENARDS#110325-TEES, COUPLER, 25-225-60-00-6010561.82 02 PIPE FOR CANNONBALL PARK** COMMENT **03 REPAIRS** COMMENT **04 MENARDS#111025-HOLIDAY DECOR 25-225-60-00-6010120.36 05 SUPPLIES** COMMENT **06 MENARDS#111425-LANDSCAPE79-790-56-00-564039.90 07 BLOCKS, CAULK** COMMENT **08 MENARDS#110325-FUEL PREMIX 79-790-56-00-562013.94 INVOICE TOTAL:736.02 * 122525-R.HORNER 11/30/25 01 MENARDS#111025-STAPLES,BOWS, 25-225-60-00-601071.91 02 LIGHTS** COMMENT **03 MENARDS#111025-ELECTRICAL TAPE 25-225-60-00-60108.96 04 MENARDS#110425-PIPE, TEES, 25-225-60-00-601088.29 05 ELBOWS, PVC TILE TAPE** COMMENT **INVOICE TOTAL:169.16 * 122525-R.MIKOLASEK 11/30/25 01 BLUE PEAK-SKILLS MANAGER01-210-54-00-5462540.00 02 SOFTWARE ANNUAL SUBSCRIPTION ** COMMENT **INVOICE TOTAL:540.00 * 122525-S.AUGUSTINE 11/30/25 01 AMAZON-BOOKS82-820-56-00-5686159.06 02 AMAZON-CRAFT SUPPLIES82-000-24-00-248094.56 03 ULINE-CASTERS82-820-56-00-562071.29 04 AMAZON-BOOKS82-820-56-00-568640.31 05 IMPACT-LASER JET PRINTER84-840-56-00-56351,199.95 06 AMAZON-BOOKS82-820-56-00-5686528.37 07 AMAZON-BOOKS82-820-56-00-568647.83 08 AMAZON-KIDS PROGRAM SUPPLIES 82-000-24-00-2480188.23 09 MOBILE CITIZEN-HOTSPOTS82-820-54-00-5440960.00 10 SMITHEREEN-NOV 2025 PEST82-820-54-00-546292.00 11 CONTROL** COMMENT **12 KENDALL PRINT-AP CHECK STOCK 82-820-54-00-5462122.95 13 MENARDS#112425-CLIPS,CLIP BOX 82-820-56-00-561016.77 14 AMAZON-GLOVES,SLING BAG82-820-56-00-561029.89 INVOICE TOTAL:3,551.21 * Page 30 of 71
DATE: 12/23/25UNITED CITY OF YORKVILLE TIME: 15:59:49MANUAL CHECK REGISTER ID: AP225000 CHECK # VENDOR # INVOICE ITEMCHECK INVOICE #DATE# DESCRIPTION DATE ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------900171 FNBO FIRST NATIONAL BANK OMAHA12/25/25 122525-S.DIAZ 11/30/25 01 AMAZON-EXPANDING FILE POCKETS 01-110-56-00-561014.33 02 AMAZON-COPY PAPER01-110-56-00-561091.56 03 AMAZON-FILE POCKETS, 1099-R 01-110-56-00-561042.93 04 FORMS** COMMENT **INVOICE TOTAL:148.82 * 122525-S.IWANSKI 11/30/25 01 YORK POST-POSTAGE82-820-54-00-5452113.42 INVOICE TOTAL:113.42 * 122525-S.REDMON 11/30/25 01 RUNCO-LABELS, ENVELOPES79-795-56-00-5606156.52 02 AMAZON-MICROPHONE79-795-56-00-5606355.99 03 AT&T-10/24-11/23 INTERNET FOR 79-795-54-00-5440146.58 04 TOWN SQUARE SIGN** COMMENT **05 AMAZON-GO PRO MOUNTS79-795-56-00-560621.98 06 JACKSON-HIRSH-LAMINATOR ITEMS 79-795-56-00-5610281.82 07 IPRA-CONFERENCE79-795-54-00-5412350.00 08 REGISTRATION-REMUS** COMMENT **09 IPRA-CONFERENCE79-790-54-00-5412175.00 10 REGISTRATION-EVANS** COMMENT **11 IPRA-CONFERENCE79-795-54-00-5412175.00 12 REGISTRATION-** COMMENT **13 IPRA-CONFERENCE79-795-54-00-5412415.00 14 REGISTRATION-JAKE GALAUNER ** COMMENT **15 IPRA-CONFERENCE79-795-54-00-5412415.00 16 REGISTRATION-REDMON** COMMENT **17 NCSI-OCT 2025 BACKGROUND CHECK 79-795-54-00-5462595.00 18 CHASEWOOD-LEGO ROBATICS AND 79-795-54-00-54621,540.00 19 MINE CRAFT CLASS INSTRUCTION ** COMMENT **20 HOME DEPO-SANTA SLEIGH25-225-60-00-6010234.00 21 ARNESON#281786-NOV 2025 DSL 79-790-56-00-5695123.00 22 ARNESON#278066-OCT 2025 GAS 79-790-56-00-5695712.79 23 ARNESON#281736-OCT 2025 GAS 79-790-56-00-5695738.89 24 ARNESON#280747-OCT 2025 GAS 79-790-56-00-5695824.34 25 ARNESON#281785-NOV 2025 GAS 79-790-56-00-56951,069.19 26 YORK POST-SANTA LETTER POSTAGE 79-795-54-00-545262.40 27 AMAZON-COFFEE MAKER79-795-56-00-5606226.97 28 RUNCO-DISPOSABLE FLATWARE, 79-795-56-00-5610129.89 29 PLATES** COMMENT **30 NCSI-BACKGROUND CHECKS51-510-56-00-5620105.00 31 NCSI-BACKGROUND CHECKS79-795-54-00-546270.00 32 RUNCO-ENVELOPES79-795-56-00-560628.03 33 JEWEL-RACE SUPPLIES79-795-56-00-560699.86 34 RUNCO-ENVELOPE SEALER79-795-56-00-56101.68 35 FUN EXPRESS-79-795-56-00-560652.34 INVOICE TOTAL:9,106.27 * Page 31 of 71
DATE: 12/23/25UNITED CITY OF YORKVILLE TIME: 15:59:49MANUAL CHECK REGISTER ID: AP225000 CHECK # VENDOR # INVOICE ITEMCHECK INVOICE #DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------900171 FNBO FIRST NATIONAL BANK OMAHA12/25/25 122525-S.SENDRA 11/30/25 01 AMAZON-SANTA LETTER SUPPLIES 79-795-56-00-560618.47 02 AMAZON-BALLOON PUMP79-795-56-00-560620.88 INVOICE TOTAL:39.35 * 122525-S.SLEEZER 11/30/25 01 STEVENS-STAFF SHIRTS79-790-56-00-5600793.95 02 RIVERVIEW-BATTERY79-790-56-00-5640199.95 03 MENARDS#110625-CHRISTMAS25-225-60-00-6010853.80 04 LIGHTS** COMMENT **05 WINDING CREEK-TREES79-790-56-00-56406,110.00 06 MENARDS#111425-PAINTING POLE, 79-790-56-00-563016.85 07 CABLE TIES** COMMENT **08 MENARDS#110725-INFLATABLE25-225-60-00-601035.99 09 MENARDS#103125-CHRISTMAS25-225-60-00-6010883.95 10 SUPPPLIES AND DECORATIONS** COMMENT **11 WINDING CREEK-BOWS25-225-60-00-6010180.00 12 HOME DEPO-SANTA SLEIGH25-225-60-00-6010179.00 13 MENARDS#112125-LIGHTS25-225-60-00-601065.78 14 MENARDS#111925-LIGHTS25-225-60-00-6010281.52 15 MENARDS#111225-LIGHTS25-225-60-00-6010439.56 INVOICE TOTAL:10,040.35 * 122525-T.HOULE 11/30/25 01 AMAZON-HOSE NOZZLES79-790-56-00-564048.78 02 MENARDS#112425-CORR TUBING 79-790-56-00-5640149.99 03 MENARDS#112025-WALL BLOCKS 79-790-56-00-56404.45 04 FLATSOS#37752-INNER TUBE79-790-54-00-549530.00 05 NORTIC SOCIAL-ISA FLASHCARDS 79-790-54-00-541216.23 06 MONTHLY SUBSCRIPTION** COMMENT **07 1000 BULBS-REPLACEMENT BULBS 25-225-60-00-6010341.88 INVOICE TOTAL:591.33 * 122525-T.MILSCHEWSKI 11/30/25 01 MENARDS#110725-BATTERIES,TOWEL 24-216-56-00-565620.38 02 MENARDS#110725-BATTERIES,24-216-56-00-565630.97 03 GLOVES** COMMENT **04 HOME DEPO-BULBS, GRAB TOOL 82-820-54-00-549522.95 05 MENARDS#103025-PD GARAGE24-216-56-00-565678.80 06 SUPPLIES** COMMENT **07 MENARDS#102925-PD GARAGE24-216-56-00-565649.84 08 SUPPLIES** COMMENT **09 MENARDS#111425-KEYLESS DOOR 24-216-56-00-565695.86 10 ENTRY** COMMENT **11 MENARDS#112425-SCREWS24-216-56-00-56568.08 12 ACE-GUTTER KIT24-216-56-00-565654.99 13 HOME DEPO-ROLLERS24-216-56-00-565622.82 14 MENARDS#103125-SHELF BRACKETS 24-216-56-00-565611.16 INVOICE TOTAL:395.85 * CHECK TOTAL:107,044.90TOTAL AMOUNT PAID:107,044.90Page 32 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:59UNITED CITY OF YORKVILLE&+(&.5(*,67(5 ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544100 AACVB AURORA AREA CONVENTION 11/25-ALL 12/11/25 01 NOV 2025 ALL SEASON HOTEL TAX 01-640-54-00-5481 28.01 INVOICE TOTAL: 28.01 * CHECK TOTAL: 28.01 544101 ALLIANT ALLIANT INSURANCE SERVICES INC 3337737 12/08/25 01 2026 POLICY RENEWAL FEES 01-640-52-00-5231 10,927.94 02 2026 POLICY RENEWAL FEES-PR 01-640-52-00-5231 2,272.18 03 2026 POLICY RENEWAL FEES 51-510-52-00-5231 1,205.00 04 2026 POLICY RENEWAL FEES 52-520-52-00-5231 577.63 05 2026 POLICY RENEWAL FEES 82-820-52-00-5231 905.76 06 2026 POLICY RENEWAL FEES 01-000-14-00-1400 22,187.02 07 2026 POLICY RENEWAL FEES-PR 01-000-14-00-1400 4,613.21 08 2026 POLICY RENEWAL FEES 51-000-14-00-1400 2,446.52 09 2026 POLICY RENEWAL FEES 52-000-14-00-1400 1,172.77 10 2026 POLICY RENEWAL FEES-LIB 01-000-14-00-1400 1,838.97 INVOICE TOTAL: 48,147.00 * CHECK TOTAL: 48,147.00 544102 ALLSTAR ALL STAR SPORTS INSTRUCTION 257026 12/15/25 01 FALL SESSION 2 INSTRUCTION 79-795-54-00-5462 3,726.00 INVOICE TOTAL: 3,726.00 * CHECK TOTAL: 3,726.00 544103 ANDERSJA JARED ANDERSON 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00Page 33 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------D004614 ANTPLACE ANTHONY PLACE YORKVILLE LP FEB 2026 01/01/26 01 CITY OF YORKVILLE HOUSING 01-640-54-00-5427 662.00 02 ASSISTANCE PROGRAM RENT ** COMMENT **03 REIMBURSEMENT FOR FEB 2026 ** COMMENT **INVOICE TOTAL: 662.00 * DIRECT DEPOSIT TOTAL: 662.00 544104 AXON AXON ENTERPRISE, INC INUS404476 12/15/25 01 TASER 10 BASIC BUNDLE 25-205-60-00-6060 21,600.00 INVOICE TOTAL: 21,600.00 * CHECK TOTAL: 21,600.00 544105 BANNERS BANNERS.COM 81225-517 12/18/25 01 WIND DEFLECTING POLE BANNERS 23-230-56-00-5619 9,743.60 INVOICE TOTAL: 9,743.60 * CHECK TOTAL: 9,743.60 544106 BARBANEM MARISA BARBANENTE 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-795-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 544107 BATTERYS BATTERY SERVICE CORPORATION 0125229 12/05/25 01 BATTERIES 01-410-56-00-5628 137.02 INVOICE TOTAL: 137.02 * CHECK TOTAL: 137.02Page 34 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------D004615 BEAVERST VERNNE L. HENNE 14 12/29/25 01 1203 BADGER ST UNIT B-PYMT#14 51-510-54-00-5485 833.34 02 1203 BADGER ST UNIT B-PYMT#14 52-520-54-00-5485 833.33 03 1203 BADGER ST UNIT B-PYMT#14 01-410-54-00-5485 833.33 INVOICE TOTAL: 2,500.00 * DIRECT DEPOSIT TOTAL: 2,500.00D004616 BEDFORDR RYAN BEDFORD 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D004617 BEHLANDJ JORI CONTRINO 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544108 BFCONSTR B&F CONSTRUCTION CODE SERVICES 21762 12/15/25 01 NOV 2025 INSPECTIONS 01-220-54-00-5459 6,520.00 INVOICE TOTAL: 6,520.00 * 21770 12/15/25 01 OCT 2025 INSPECTIONS 01-220-54-00-5459 5,760.00 INVOICE TOTAL: 5,760.00 * 21772 12/16/25 01 AUG 2025 INSPECTIONS 01-220-54-00-5459 6,440.00 INVOICE TOTAL: 6,440.00 * CHECK TOTAL: 18,720.00Page 35 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544109 BICOAST BICOASTAL PRODUCTIONS LLC 2026 HTD-DEPOSIT 12/30/25 01 2026 HTD BAND DEPOSIT 79-000-14-00-1400 3,750.00 INVOICE TOTAL: 3,750.00 * CHECK TOTAL: 3,750.00 544110 BUILDERS BUILDERS ASPHALT LLC 2504405 12/10/25 01 ENGINEERS PAYMENT ESTIMATE 5 23-230-60-00-6028 36,582.52 02 FOR 2025 LOCAL ROAD PROGRAM ** COMMENT **INVOICE TOTAL: 36,582.52 * CHECK TOTAL: 36,582.52 544111 CALLONE PEERLESS NETWORK, INC 82780 09/15/25 01 09/15-10/14 PW LINES 51-510-54-00-5440 321.13 INVOICE TOTAL: 321.13 * 87960 12/15/25 01 12/15-01/14 PW LINES 51-510-54-00-5440 320.59 INVOICE TOTAL: 320.59 * CHECK TOTAL: 641.72 544112 CAMBRIA CAMBRIA SALES COMPANY INC. 44277 12/09/25 01 PAPER TOWEL 52-520-56-00-5620 163.53 INVOICE TOTAL: 163.53 * CHECK TOTAL: 163.53 544113 CIVICPLS CIVIC PLUS 349665 11/01/25 01 ANNUAL RENEWAL FEE FOR 01-640-54-00-5450 11,856.46 02 WEBSITE HOSTING AND SUPPORT ** COMMENT **INVOICE TOTAL: 11,856.46 * CHECK TOTAL: 11,856.46Page 36 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5 ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544114 COMED COMMONWEALTH EDISON 0505912000-120125 12/01/25 01 10/29-11/26 1908 RAINTREE 23-230-54-00-5482 213.39 INVOICE TOTAL: 213.39 * 0884004000-120225 12/02/25 01 10/30-12/01 1991 CANNONBALL TR 51-510-54-00-5480 273.84 INVOICE TOTAL:273.84 * 0884004000-121325 12/13/25 01 12/01-12/12 1991 CANNONBALL TR 51-510-54-00-5480134.29 INVOICE TOTAL:134.29 * 1135300100-120225 12/02/25 01 10/30-12/01 456 KENNEDY RD 52-520-54-00-5480117.75 INVOICE TOTAL:117.75 * 1709169000-120325 12/03/25 01 11/03-12/03 RT34 & AUTUMN CRK 23-230-54-00-5482307.52 INVOICE TOTAL:307.52 * 1870344000-120525 12/05/25 01 11/03-12/03 105 COUNTRYSIDE PK 79-795-54-00-548038.22 INVOICE TOTAL:38.22 * 1951034000-120525 12/05/25 01 11/04-12/04 RT34 & BEECHER 23-230-54-00-548296.99 INVOICE TOTAL:96.99 * 2173921222-120325 12/03/25 01 10/31-12/02 420 FAIRHAVEN 51-510-54-00-5480172.73 INVOICE TOTAL:172.73 * 2536492222-120525 12/05/25 01 11/03-12/03 SARAVANOS PUMP 52-520-54-00-5480334.89 INVOICE TOTAL:334.89 * 2793598111-120325 12/03/25 01 10/31-12/02 1975 N BRIDGE LIFT 52-520-54-00-5480519.79 INVOICE TOTAL:519.79 * 3059341222-121625 12/16/25 01 11/14-12/15 9257 GALENA PARK 79-795-54-00-5480115.70 INVOICE TOTAL:115.70 * 3131491222-120325 12/29/25 01 10/31-12/02 101 BRUELL ST 52-520-54-00-5480543.18 INVOICE TOTAL:543.18 * Page 37 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544114 COMED COMMONWEALTH EDISON 3260462000-120225 12/02/25 01 10/31-12/02 RIVER & RT 47 23-230-54-00-5482 598.36 INVOICE TOTAL: 598.36 * 3387801111-120125 12/01/25 01 10/29-11/26 872 PRAIRIE CR 23-230-54-00-5482 404.92 INVOICE TOTAL:404.92 * 3573137000-120225 12/02/25 01 10/30-12/01 133 E HYDRAULIC 79-795-54-00-5480226.52 INVOICE TOTAL:226.52 * 3741450787-120125 12/01/25 01 10/30-12/01 1201 BADGER UNIT B 51-510-54-00-548063.83 INVOICE TOTAL:63.83 * 5110449000-120425 12/04/25 01 11/03-12/03 6780 RT4723-230-54-00-5482133.72 INVOICE TOTAL:133.72 * 5110449000-121625 12/16/25 01 12/03-12/15 6780 RT4723-230-54-00-548265.64 INVOICE TOTAL:65.64 * 5285646000-120225 12/02/25 01 10/30-12/01 KENNEDY & MCHUGH 23-230-54-00-5482116.45 INVOICE TOTAL:116.45 * 5288861222-120325 12/03/25 01 10/31-12/02 1850 MARKETVIEW 23-230-54-00-5482120.40 INVOICE TOTAL:120.40 * 5336617000-121625 12/16/25 01 11/14-12/15 RT47 & ROSENWINKLE 23-230-54-00-548255.17 INVOICE TOTAL:55.17 * 5946707000-121025 12/10/25 01 10/31-12/02 PR BUILDINGS 79-795-54-00-5480251.96 INVOICE TOTAL:251.96 * 6114554111-120325 12/03/25 01 10/31-12/02 610 TOWER51-510-54-00-5480364.83 INVOICE TOTAL:364.83 * 6242447000-121025 12/10/25 01 11/07-12/09 RT34 & CANNONBALL 23-230-54-00-548224.38 INVOICE TOTAL:24.38 * Page 38 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5 ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544114 COMED COMMONWEALTH EDISON 6564924000-121925 12/19/25 01 11/19-12/18 421 POPLAR 23-230-54-00-5482 7,748.43 INVOICE TOTAL: 7,748.43 * 7581432222-120125 12/01/25 01 10/29-11/26 1107 PRAIRIE LIFT 52-520-54-00-5480 151.77 INVOICE TOTAL:151.77 * 7824275000-120325 12/03/25 01 10/31-12/02 1 MCHUGH RD23-230-54-00-5482115.14 INVOICE TOTAL:115.14 * 8273737000-120125 12/01/25 01 10/30-12/01 104 E VAN EMMON 01-110-54-00-5480444.26 INVOICE TOTAL:444.26 * 8500662000-120225 12/02/25 01 10/30-12/01 PRESTWICK LIFT 52-520-54-00-5480169.16 INVOICE TOTAL:169.16 * 8503040100-120525 12/05/25 01 11/04-12/04 FOXHILL 7 LIFT 52-520-54-00-5480117.60 INVOICE TOTAL:117.60 * 8503040100-121825 12/18/25 01 12/04-12/17 FOXHILL 7 LIFT 52-520-54-00-548053.37 INVOICE TOTAL:53.37 * 8507242000-120325 12/03/25 01 10/31-12/02 7 COUNTRYSIDE PKWY 23-230-54-00-5482167.95 INVOICE TOTAL:167.95 * 9193732222-121625 12/16/25 01 11/14-12/15 4600 BRIDGE TANK 51-510-54-00-5480100.46 INVOICE TOTAL:100.46 * 9567127000-120325 12/03/25 01 10/31-12/02 1 COUNTRYSIDE PKWY 23-230-54-00-5482250.61 INVOICE TOTAL:250.61 * 9810925111-120225 12/02/25 01 10/30-12/01 276 WINDHAM LIFT 52-520-54-00-5480247.71 INVOICE TOTAL:247.71 * 9932246834-121025 12/10/25 01 11/10-12/10 306 BOOMBAH51-510-54-00-54801,199.83 INVOICE TOTAL:1,199.83 * CHECK TOTAL:16,060.76Page 39 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544115 COMPASS COMPASS MINERALS AMERICA 1572009 11/26/25 01 HIGHWAY SALT 15-155-56-00-5618 19,392.11 INVOICE TOTAL: 19,392.11 * 1573422 12/01/25 01 HIGHWAY SALT 15-155-56-00-5618 9,712.09 INVOICE TOTAL:9,712.09 * 157879812/08/25 01 HIGHWAY SALT15-155-56-00-561842,251.96 INVOICE TOTAL:42,251.96 * CHECK TOTAL:71,356.16D004618 CONARDR RYAN CONARD 01012601/01/26 01 DEC 2025 MOBILE EMAIL51-510-54-00-544045.00 02 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 * DIRECT DEPOSIT TOTAL:45.00 544116 CONFLOOR CONSOLIDATED FLOORING LLC 4205612/18/25 01 STAIRWAY REPAIR24-216-54-00-54461,218.00 INVOICE TOTAL:1,218.00 * CHECK TOTAL:1,218.00 544117 COREMAIN CORE & MAIN LP Y11960411/24/25 01 2025 METER INSTALLATION51-510-54-00-5404990.00 INVOICE TOTAL:990.00 * Y12420511/17/25 01 RETURNED METER CREDITS51-510-54-00-5404-10,530.00INVOICE TOTAL:-10,530.00 *Y12763211/26/25 01 2026 PHASE 2 METER51-510-54-00-540494,770.00Page 40 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544117 COREMAIN CORE & MAIN LP Y127632 11/26/25 02 INSTALLATIONS ** COMMENT ** INVOICE TOTAL: 94,770.00 * Y128871 11/25/25 01 2026 PHASE 2 METER 51-510-54-00-5404 36,239.10 02 INSTALLATIONS** COMMENT **INVOICE TOTAL:36,239.10 * Y13269711/24/25 01 2025 METER INSTALLATIONS 51-510-54-00-54042,140.52 INVOICE TOTAL:2,140.52 * Y14177111/24/25 01 2025 METER INSTALLATIONS 51-510-54-00-540421,060.00 INVOICE TOTAL:21,060.00 * Y14796511/19/25 01 2026 HOSTING FEES51-510-54-00-540422,216.00 INVOICE TOTAL:22,216.00 * Y15450911/20/25 01 2025 METER INSTALLATIONS 51-510-54-00-540410,371.00 INVOICE TOTAL:10,371.00 * CHECK TOTAL:177,256.62 544118 DCONST D. CONSTRUCTION, INC.2500072.0212/10/25 01 ENGINEERS PAYMENT ESTIMATE 2 15-155-60-00-6025418,157.12 02 FOR 2025 MFT ROAD PROGRAM** COMMENT **INVOICE TOTAL:418,157.12 * CHECK TOTAL:418,157.12D004619 DHUSEE DHUSE, ERIC 01012601/01/26 01 DEC 2025 MOBILE EMAIL51-510-54-00-544015.00 02 REIMBURSEMENT** COMMENT **03 DEC 2025 MOBILE EMAIL52-520-54-00-544015.00 Page 41 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------D004619 DHUSEE DHUSE, ERIC 010126 01/01/26 04 REIMBURSEMENT ** COMMENT ** 05 DEC 2025 MOBILE EMAIL 01-410-54-00-5440 15.00 06 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544119 DIAZS STACY DIAZ 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00D004620 DLK DLK, LLC 301 12/29/25 01 DEC 2025 ECONOMIC DEVELOPMENT 01-640-54-00-5486 10,042.50 02 HOURS ** COMMENT **INVOICE TOTAL: 10,042.50 * 306 12/29/25 01 OCT-DEC 2025 ECOMNOMIC 01-640-54-00-5486 16,995.00 02 DEVELOPMENT BANKED HOURS ** COMMENT **INVOICE TOTAL: 16,995.00 * DIRECT DEPOSIT TOTAL: 27,037.50 544120 DUTEK THOMAS & JULIE FLETCHER 1028454 12/01/25 01 HOSES 01-410-56-00-5628 281.00 INVOICE TOTAL: 281.00 * CHECK TOTAL: 281.00 544121 EEI ENGINEERING ENTERPRISES, INC. Page 42 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5 ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544121 EEI ENGINEERING ENTERPRISES, INC. 84863 09/30/25 01 RT47 WATER MAIN RELOCATION 51-510-60-00-6035 3,402.58 INVOICE TOTAL: 3,402.58 * CHECK TOTAL: 3,402.58D004621 EVANST TIM EVANS 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-795-54-00-5440 22.50 02 REIMBURSEMENT ** COMMENT **03 DEC 2025 MOBILE EMAIL 79-790-54-00-5440 22.50 04 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544122 FIRSTNET AT&T MOBILITY 287313454005X1203202 11/25/25 01 10/26-11/25 MOBILE DEVICES 01-220-54-00-5440 42.29 02 10/26-11/25 MOBILE DEVICES 51-510-54-00-5440 121.59 03 10/26-11/25 MOBILE DEVICES 01-110-54-00-5440 84.58 04 10/26-11/25 MOBILE DEVICES 01-210-54-00-5440 891.46 05 10/26-11/25 MOBILE DEVICES 79-795-54-00-5440 158.60 INVOICE TOTAL: 1,298.52 * CHECK TOTAL: 1,298.52 544123 FIRSTNET AT&T MOBILITY 287313454207X1203202 11/25/25 01 10/26-11/25 MOBILE DEVICES 01-220-54-00-5440 404.75 02 10/26-11/25 MOBILE DEVICES 79-790-54-00-5440 36.24 03 10/26-11/25 MOBILE DEVICES 79-795-54-00-5440 157.06 04 10/26-11/25 MOBILE DEVICES 51-510-54-00-5440 277.88 05 10/26-11/25 MOBILE DEVICES 52-520-54-00-5440 72.48 INVOICE TOTAL: 948.41 * CHECK TOTAL: 948.41Page 43 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544124 FISCHER FISCHER EXCAVATING, INC 120425-4 & FINAL 12/04/25 01 ENGINEERS PAYMENT ESTIMATE 4 52-520-60-00-6024 99,617.80 02 AND FINAL FOR SOUTHERN ** COMMENT **03 SANITARY SEWER CONNECTION ** COMMENT **INVOICE TOTAL: 99,617.80 * CHECK TOTAL: 99,617.80 544125 FOXRIDGE FOX RIDGE STONE 12061 12/12/25 01 GRAVEL 51-510-56-00-5640 65.00 INVOICE TOTAL: 65.00 * CHECK TOTAL: 65.00D004622 FREDRICR ROB FREDRICKSON 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-120-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544126 FULTON J & D INGENUITIES, LLC 3099 12/15/25 01 REPLACE BATTERY CHARGER 25-205-54-00-5495 954.45 INVOICE TOTAL: 954.45 * CHECK TOTAL: 954.45D004623 GALAUNEJ JAKE GALAUNER 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-795-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00Page 44 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544127 GALAUNJU JULIE GALAUNER 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-795-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 544128 GARDKOCH GARDINER KOCH & WEISBERG 27639 12/09/25 01 NOV 2025 KIMBALL HILL I MATTER 01-640-54-00-5461 7,455.10 INVOICE TOTAL: 7,455.10 * 27740 12/09/25 01 NOV 2025 MISC ADMIN MATTERS 01-640-54-00-5461 1,330.00 INVOICE TOTAL: 1,330.00 * CHECK TOTAL: 8,785.10 544129 GLATFELT GLATFELTER UNDERWRITING SRVS. 293985133-1 12/19/25 01 2026 LIABILITY INS INSTALL #1 01-640-52-00-5231 82,313.17 02 2026 LIABILITY INS INSTALL #1 01-640-52-00-5231 17,114.88 03 2026 LIABILITY INS INSTALL #1 51-510-52-00-5231 9,076.52 04 2026 LIABILITY INS INSTALL #1 52-520-52-00-5231 4,350.91 05 2026 LIABILITY INS INSTALL #1 82-820-52-00-5231 6,822.52 INVOICE TOTAL: 119,678.00 * CHECK TOTAL: 119,678.00 544130 GROOT GROOT INC 15381977T102 11/01/25 01 OCT 2025 REFUSE SERVICE 01-540-54-00-5442 164,413.29 02 OCT 2025 SR REFUSE SERVICE 01-540-54-00-5441 5,350.21 INVOICE TOTAL: 169,763.50 * CHECK TOTAL: 169,763.50Page 45 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544131 GROOT GROOT INC 15509721T102 12/01/25 01 NOV 2025 REFUSE SERVICE 01-540-54-00-5442 164,670.27 02 NOV 2025 SR. REFUSE SERVICE 01-540-54-00-5441 5,367.97 INVOICE TOTAL: 170,038.24 * CHECK TOTAL: 170,038.24 544132 HAWKINS HAWKINS INC 7259600 11/17/25 01 FITTINGS 51-510-56-00-5638 544.00 INVOICE TOTAL: 544.00 * CHECK TOTAL: 544.00D004624 HENNED DURK HENNE 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D004625 HERNANDN NOAH HERNANDEZ 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544133 HLINDEN H. LINDEN & SONSYRKVLEWELL 12/12/25 01 ENGINEERS PAYMENT ESTIMATE 1 51-510-60-00-6029 521,775.00 02 FOR WELL 10 AND WELL 7 WTP ** COMMENT **03 ELECTRICAL IMPROVEMENTS ** COMMENT **INVOICE TOTAL: 521,775.00 * CHECK TOTAL: 521,775.00Page 46 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------D004626 HODOUSR RICHARD HODOUS 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D004627 HORNERR RYAN HORNER 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D004628 HOULEA ANTHONY HOULE 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D004629 IHRIGK KIRSTEN IHRIG 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-795-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544134 ILPHLEBO ILLINOIS PHLEBOTOMY SERVICES 2548 12/20/25 01 DEC 2025 PHLEBOTOMY SERVICES 01-210-54-00-5462 850.00 INVOICE TOTAL: 850.00 * CHECK TOTAL: 850.00Page 47 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5 ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544135 IMPERINV IMPERIAL INVESTMENTS 2024 LEVY 11/24/25 01 INCREMENTAL P-TAX REBATE FOR 88-880-54-00-5425 52,795.41 02 2024 LEVY YEAR ** COMMENT **INVOICE TOTAL: 52,795.41 * CHECK TOTAL: 52,795.41 544136 INGEMUNS INGEMUNSON LAW OFFICES LTD 13734 12/01/25 01 SEPT-NOV 2025 ADMIN HEARINGS 01-210-54-00-5467 750.00 INVOICE TOTAL: 750.00 * CHECK TOTAL: 750.00 544137 INTEGRAT INTEGRATED CONTROL W16235 12/30/25 01 HEATING CYCLE REPAIR 24-216-54-00-5446 185.00 INVOICE TOTAL: 185.00 * CHECK TOTAL: 185.00D004630 INTERDEV INTERDEV, LLC MSP-1051954 12/31/25 01 MONTHLY IT BILLING-DEC 2025 01-640-54-00-5450 20,925.19 02 IT BILLING OVERPAYMENT CREDIT 01-640-54-00-5450 -20,008.24 INVOICE TOTAL: 916.95 * DIRECT DEPOSIT TOTAL: 916.95 544138 IPRF ILLINOIS PUBLIC RISK FUND 100819 12/15/25 01 FEB 2026 WORKER COMP INS 01-640-52-00-5231 12,099.88 02 FEB 2026 WORKER COMP INS-PR 01-640-52-00-5231 2,461.40 03 FEB 2026 WORKER COMP INS 51-510-52-00-5231 1,147.42 04 FEB 2026 WORKER COMP INS 52-520-52-00-5231 518.30 Page 48 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5 ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544138 IPRF ILLINOIS PUBLIC RISK FUND 100819 12/15/25 05 FEB 2026 WORKER COMP INS 82-820-52-00-5231 978.00 INVOICE TOTAL: 17,205.00 * CHECK TOTAL: 17,205.00D004631 JACKSONJ JAMIE JACKSON 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 52-520-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544139 JDDOOR J & D DOOR SALES, INC 125930 12/08/25 01 ADUST TRACK AND LUBE DOORS 24-216-54-00-5446 155.00 INVOICE TOTAL: 155.00 * CHECK TOTAL: 155.00 544140 JIMSTRCK JIM'S TRUCK INSPECTION LLC 211755 09/26/25 01 TRUCK INSPECTION 01-410-54-00-5490 41.00 INVOICE TOTAL: 41.00 * 212120 10/14/25 01 TRUCK INSPECTION 01-410-54-00-5490 43.00 INVOICE TOTAL: 43.00 * CHECK TOTAL: 84.00D004632 JOHNGEOR GEORGE JOHNSON 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 51-510-54-00-5440 22.50 02 REIMBURSEMENT ** COMMENT **Page 49 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------D004632 JOHNGEOR GEORGE JOHNSON 010126 01/01/26 03 DEC 2025 MOBILE EMAIL 52-520-54-00-5440 22.50 04 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544141 JONESB BRANDON JONES 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 544142 JONESKIM KIMBERLY KAY JONES 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 544143 JSCONST J & S CONSTRUCTION 2500105F 12/08/25 01 ENGINEERS PAYMENT ESTIMATE 5 51-510-60-00-6024 10,000.00 02 AND FINAL FOR ELDAMAIN WATER ** COMMENT **03 MAIN LOOP NORTH ** COMMENT **INVOICE TOTAL: 10,000.00 * CHECK TOTAL: 10,000.00 544144 JXENTER JX ENTERPRISES, INC 1120939P 10/20/25 01 RETURNED PARTS CREDIT 01-410-56-00-5628 -761.19INVOICE TOTAL: -761.19 *Page 50 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544144 JXENTER JX ENTERPRISES, INC 22379456P 12/17/25 01 STEP FUEL TANK & STEP 01-410-56-00-5628 1,021.70 INVOICE TOTAL: 1,021.70 * CHECK TOTAL: 260.51 544145 KCHIGHWA KENDALL COUNTY HIGHWAY DEPT. 2026 IGLOO 12/01/25 01 2026 ANNUAL MAINTENANCE FEE 24-216-54-00-5446 500.00 02 FOR SALT IGLOO ** COMMENT **INVOICE TOTAL: 500.00 * CHECK TOTAL: 500.00 544146 KENCOM KENCOM PUBLIC SAFETY DISPATCH 721 12/01/25 01 SEPT-NOV 2025 IP FLEXIBLE 01-640-54-00-5449 115.56 02 REACH MONTHLY FEES ** COMMENT **INVOICE TOTAL: 115.56 * CHECK TOTAL: 115.56 544147 KENCOM KENCOM PUBLIC SAFETY DISPATCH 729 12/01/25 01 ANNUAL COST SHARING 01-640-54-00-5449 215,436.26 02 REIMBURSEMENT FOR FY2026 ** COMMENT **INVOICE TOTAL: 215,436.26 * CHECK TOTAL: 215,436.26 544148 KENDCPA KENDALL COUNTY CHIEFS OF 1312 12/18/25 01 DEC 2025 MONTHLY MEETING FEE 01-210-54-00-5415 75.00 INVOICE TOTAL: 75.00 * CHECK TOTAL: 75.00Page 51 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5 ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------D004633 KLEEFISG GLENN KLEEFISCH 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D004634 LANDAP PAUL LANDA 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544149 LANEMUCH LANER, MUCHIN, LTD 711213 12/01/25 01 PROFESSIONAL SERVICES ENDING 01-640-54-00-5463 112.50 02 11/20/25 ** COMMENT **INVOICE TOTAL: 112.50 * CHECK TOTAL: 112.50 544150 LAWSON LAWSON PRODUCTS 9313059600 12/11/25 01 HEX NUTS 01-410-56-00-5628 41.09 INVOICE TOTAL: 41.09 * CHECK TOTAL: 41.09 544151 LEGENDRP PATRICK LEGENDRE 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 51-510-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00Page 52 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544152 LOMBARDS STEVEN LOMBARDO 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 544153 LRS LRS, LLC PS680215 10/16/25 01 10/17/25-11/17/25 PORTOLET 79-795-56-00-5620 275.50 02 UPKEEP AT 9231 GALENA ** COMMENT **INVOICE TOTAL: 275.50 * PS688386 12/11/25 01 12/12/25-01/08/26 PORTOLET 79-795-56-00-5620 383.00 02 UPKEEP AT 131 E HYDRAULIC ** COMMENT **INVOICE TOTAL: 383.00 * PS688392 12/11/25 01 12/12/25-01/08/26 PORTOLET 79-795-56-00-5620 120.00 02 UPKEEP AT 2807 NORTHLAND ** COMMENT **INVOICE TOTAL: 120.00 * PS688394 12/11/25 01 12/12/25-01/08/26 PORTOLET 79-795-56-00-5620 325.50 02 UPKEEP AT 9231 GALENA ** COMMENT **INVOICE TOTAL: 325.50 * CHECK TOTAL: 1,104.00D004635 MCGREGOM MATTHEW MCGREGORY 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544154 MEADE MEADE ELECTRIC COMPANY, INC. Page 53 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544154 MEADE MEADE ELECTRIC COMPANY, INC. 715257 12/17/25 01 US34 & SYCAMORE SIGNAL REPAIR 01-410-54-00-5435 2,005.27 INVOICE TOTAL: 2,005.27 * CHECK TOTAL: 2,005.27 544155 MECHANIC MECHANICS LAB LLC 6945 12/01/25 01 FUEL LEAK REPAIR 01-410-54-00-5490 3,989.02 INVOICE TOTAL: 3,989.02 * 6989 12/19/25 01 CHECK ENGINE LIGHT DIAGNOSTIC 01-410-54-00-5490 340.00 INVOICE TOTAL: 340.00 * CHECK TOTAL: 4,329.02 544156 METIRI METIRI ANALYTICAL GROUP INC GA5005850 12/02/25 01 COLIFORM SAMPLES 51-510-54-00-5429 1,115.50 INVOICE TOTAL: 1,115.50 * CHECK TOTAL: 1,115.50 544157 METRONET METRO FIBERNET LLC 1872272-121825 12/18/25 01 12/18-01/17 651 PP INTERNET 01-110-54-00-5440 66.87 02 12/18-01/17 651 PP INTERNET 01-220-54-00-5440 76.42 03 12/18-01/17 651 PP INTERNET 01-120-54-00-5440 38.21 04 12/18-01/17 651 PP INTERNET 79-795-54-00-5440 76.42 05 12/18-01/17 651 PP INTERNET 01-210-54-00-5440 382.08 INVOICE TOTAL: 640.00 * CHECK TOTAL: 640.00 544158 MIDWSCOR MIDWEST SCOREBOARDS LLC Page 54 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5 ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544158 MIDWSCOR MIDWEST SCOREBOARDS LLC 2789 12/16/25 01 BASEBALL LEAGUE CONTROL PANEL 79-795-56-00-5606 1,010.00 INVOICE TOTAL: 1,010.00 * CHECK TOTAL: 1,010.00D004636 MILSCHET TED MILSCHEWSKI 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 24-216-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544159 MORASPH MORRIS SAND & GRAVEL, INC. 8731 07/31/25 01 N-50 SURFACE 23-230-60-00-6032 100.34 INVOICE TOTAL: 100.34 * CHECK TOTAL: 100.34 544160 MUNCOLLE MUNICIPAL COLLECTION SERVICES 031559 11/30/25 01 COMMISSION ON COLLECTIONS 01-210-54-00-5467 183.78 INVOICE TOTAL: 183.78 * CHECK TOTAL: 183.78D004637 NAVARROJ JESUS NAVARRO 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 24-216-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00Page 55 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544161 NELSONL LUKE NELSON 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-795-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 544162 NEOPOST QUADIENT FINANCE USA, INC 121125-CITY 12/11/25 01 REFILL POSTAGE MACHINE 01-000-14-00-1410 200.00 INVOICE TOTAL: 200.00 * CHECK TOTAL: 200.00 544163 NICOR NICOR GAS 00-41-22-8748 4-1202 12/11/25 01 10/31-12/02 1107 PRAIRIE LANE 01-110-54-00-5480 64.31 INVOICE TOTAL: 64.31 * 15-64-61-3532 5-1202 12/02/25 01 10/31-12/02 1991 CANNONBALL 01-110-54-00-5480 61.68 INVOICE TOTAL: 61.68 * 16-00-27-3553 4-1210 12/10/25 01 11/11-12/10 1301 CAROLYN CT 01-110-54-00-5480 59.87 INVOICE TOTAL: 59.87 * 20-52-56-2042 1-1201 12/01/25 01 10/29-12/01 420 FAIRHAVEN 01-110-54-00-5480 151.65 INVOICE TOTAL: 151.65 * 23-45-91-4862 5-1203 12/03/25 01 11/03-12/03 101 BRUELL 01-110-54-00-5480 155.94 INVOICE TOTAL: 155.94 * 31-61-67-2493 1-1209 12/09/25 01 11/10-12/09 276 WINDHAM 01-110-54-00-5480 59.57 INVOICE TOTAL: 59.57 * 37-35-53-1941 1-1208 12/08/25 01 11/06-12/06 185 WOLF ST 01-110-54-00-5480 309.28 INVOICE TOTAL: 309.28 * Page 56 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544163 NICOR NICOR GAS 40-52-64-8356 1-1205 12/05/25 01 11/04-12/05 102 E VAN EMMON 01-110-54-00-5480 464.98 INVOICE TOTAL: 464.98 * 46-69-47-6727 1-1208 12/08/25 01 11/06-12/06 1975 N BRIDGE 01-110-54-00-5480 154.81 INVOICE TOTAL:154.81 * 61-60-41-1000 9-1203 12/11/25 01 11/03-12/03 610 TOWER01-110-54-00-5480609.31 INVOICE TOTAL:609.31 * 66-70-44-6942 9-1208 12/08/25 01 11/06-12/06 1908 RAINTREE 01-110-54-00-5480164.97 INVOICE TOTAL:164.97 * 80-56-05-1157 0-1208 12/08/25 01 11/06-12/06 2512 ROSEMONT 01-110-54-00-548069.40 INVOICE TOTAL:69.40 * 83-80-00-1000 7-1203 12/03/25 01 11/03-12/03 610 TOWER01-110-54-00-5480148.08 INVOICE TOTAL:148.08 * 86-91-67-3104 4-1208 12/08/25 01 11/06-12/06 1203 BADGER UNIT B 01-110-54-00-5480154.77 INVOICE TOTAL:154.77 * 91-85-68-4012 8-1203 12/03/25 01 10/31-12/02 902 GAME FARM RD 82-820-54-00-54801,760.01 INVOICE TOTAL:1,760.01 * 95-16-10-1000 4-1212 12/12/25 01 11/13-12/09 1 RT4701-110-54-00-548049.58 INVOICE TOTAL:49.58 * CHECK TOTAL:4,438.21 544164 NIUNORTHERN ILLINOIS UNIVERSITY DPA00008007/01/25 01 7/1/25-5/15/26 MPA INTERNSHIP 01-110-54-00-546218,790.80 02 REIMBURSEMENT** COMMENT **INVOICE TOTAL:18,790.80 * CHECK TOTAL:18,790.80Page 57 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544165 OTTOSEN OTTOSEN DINOLFO 18870 11/30/25 01 NOV 2025 YORKVILLE RENEWABLE 90-212-00-00-0011 60.50 02 MATTERS ** COMMENT ** 03 NOV 2025 PROJECT STEEL MATTERS 90-246-00-00-0011 64.53 04 NOV 2025 202 WOLF MATTERS 90-252-00-00-0011 84.70 05 NOV 2025 MISC ADMIN MATTERS 01-640-54-00-545610,882.40 INVOICE TOTAL:11,092.13 * 1887111/30/25 01 NOV 2025 MEETINGS01-640-54-00-54561,600.00 INVOICE TOTAL:1,600.00 * 1887211/30/25 01 NOV 2025 BRISTOL BAY MATTERS 01-640-54-00-5456290.40 INVOICE TOTAL:290.40 * 1887311/30/25 01 NOV 2025 YSD 115 ANNEXATION 01-640-54-00-5456435.60 02 MATTERS** COMMENT **INVOICE TOTAL:435.60 * 1887411/30/25 01 NOV 2025 PROJECT STEEL MATTERS 90-246-00-00-00111,403.60 INVOICE TOTAL:1,403.60 * 1887511/30/25 01 NOV 2025 PROJECT CARDINAL 90-242-00-00-00116,098.40 02 MATTERS** COMMENT **INVOICE TOTAL:6,098.40 * 1887611/30/25 01 NOV 2025 HEARTLAND MEADOWS 90-232-00-00-0011145.20 02 WEST MATTERS** COMMENT **INVOICE TOTAL:145.20 * 1887711/30/25 01 NOV 2025 OCEAN ATLANTIC MATTER 01-640-54-00-54562,819.30 INVOICE TOTAL:2,819.30 * 1887811/30/25 01 NOV 2025 MEYER DATA CENTER 90-249-00-00-001172.60 02 MATTERS** COMMENT **INVOICE TOTAL:72.60 * CHECK TOTAL:23,957.23Page 58 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5 ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544166 PETITEPA THE PETITE PALETTE 121525 12/15/25 01 FALL SESSION PIANO LESSONS 79-795-54-00-5462 480.00 INVOICE TOTAL: 480.00 * CHECK TOTAL: 480.00D004638 PIAZZA AMY SIMMONS 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-120-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544167 POOLEK KAELIN POOLE 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-120-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 544168 PURCELLJ JOHN PURCELL 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00D004639 RATOSP PETE RATOS 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-220-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00Page 59 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5 ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------D004640 REDMONST STEVE REDMON 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-795-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D004641 ROSBOROS SHAY REMUS 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-795-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D004642 ROZBORSA ADAM ROZBORSKI 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544169 RUSHTRCK RUSH TRUCK CENTER 3044328141 12/12/25 01 EXHAUST PIPE, CORE HEATER 01-410-56-00-5628 1,036.70 INVOICE TOTAL: 1,036.70 * 3044359836 12/16/25 01 RETURNED PARTS CREDIT 01-410-56-00-5628 -642.80INVOICE TOTAL: -642.80 *CHECK TOTAL: 393.90 544170 SCIENTEL SCIENTEL SOLUTIONS LLC INV- 12/30/25 01 TROUBLESHOOT PD CAMERA SERVER 24-216-54-00-5446 920.00 Page 60 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544170 SCIENTEL SCIENTEL SOLUTIONS LLC INV- 12/30/25 02 ISSUES ** COMMENT ** INVOICE TOTAL: 920.00 * CHECK TOTAL: 920.00D004643 SCODROP PETER SCODRO 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 51-510-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D004644 SCOTTTR TREVOR SCOTT 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544171 SEBIS SEBIS DIRECT 126754 11/20/25 01 OCT 2025 UTILITY BILLING 01-120-54-00-5430 66.48 02 OCT 2025 UTILITY BILLING 51-510-54-00-5430 89.10 03 OCT 2025 UTILITY BILLING 52-520-54-00-5430 41.55 04 OCT 2025 UTILITY BILLING 79-795-54-00-5426 198.43 INVOICE TOTAL: 395.56 * CHECK TOTAL: 395.56D004645 SENDRAS SAMANTHA SENDRA 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-795-54-00-5440 45.00 Page 61 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------D004645 SENDRAS SAMANTHA SENDRA 010126 01/01/26 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D004646 SENGM MATT SENG 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D004647 SLEEZERJ JOHN SLEEZER 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D004648 SLEEZERS SCOTT SLEEZER 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D004649 SMITHD DOUG SMITH 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00Page 62 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544172 SPEER SPEER FINANCIAL, INC. D11/25-55 12/18/25 01 2025 CONTINUING DISCLOSURE 01-120-54-00-5462 1,000.00 INVOICE TOTAL: 1,000.00 * CHECK TOTAL: 1,000.00D004650 STEFFANG GEORGE A STEFFENS 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 52-520-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00D004651 THOMASL LORI THOMAS 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-120-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544173 TRAFFIC TRAFFIC CONTROL CORPORATION 162107 11/26/25 01 POLE CAP 01-410-54-00-5435 25.00 INVOICE TOTAL: 25.00 * 162310 12/10/25 01 BYPASS SWITCH 01-410-54-00-5435 615.00 INVOICE TOTAL: 615.00 * CHECK TOTAL: 640.00 544174 UNIMAX UNI-MAX MANAGEMENT CORP 5625 12/16/25 01 DEC 2025 CLEAING @ 651 PP 01-110-54-00-5488 383.23 Page 63 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544174 UNIMAX UNI-MAX MANAGEMENT CORP 5625 12/16/25 02 DEC 2025 CLEAING @ 651 PP 01-120-54-00-5488 383.23 03 DEC 2025 CLEAING @ 651 PP 01-210-54-00-5488 1,100.70 04 DEC 2025 CLEAING @ 651 PP 79-795-54-00-5488 329.90 05 DEC 2025 CLEAING @ 651 PP 01-220-54-00-5488 210.94 06 DEC 2025 CLEAING @ PW01-410-54-00-5488158.67 07 DEC 2025 CLEAING @ PW51-510-54-00-5488158.67 08 DEC 2025 CLEAING @ PW52-520-54-00-5488158.66 09 DEC 2025 CLEAING @ LIB82-820-54-00-54882,184.00 10 DEC 2025 CLEAING @ PRESCHOOL 79-795-54-00-5488728.00 11 DEC 2025 CLEAING @ VAN EMMON 79-795-54-00-5488238.00 12 DEC 2025 CLEAING @ 185 WOLF 79-790-54-00-5488238.00 INVOICE TOTAL:6,272.00 * CHECK TOTAL:6,272.00 544175 VITOSH CHRISTINE M. VITOSH 240812/15/25 01 DEC 2025 ADMIN HEARING01-210-54-00-5467350.00 INVOICE TOTAL:350.00 * CHECK TOTAL:350.00 544176 WATERSYS WATER SOLUTIONS UNLIMITED, INC 728878412/19/25 01 CHLORINE51-510-56-00-56384,936.57 INVOICE TOTAL:4,936.57 * CHECK TOTAL:4,936.57D004652 WEBERR ROBERT WEBER 01012601/01/26 01 DEC 2025 MOBILE EMAIL01-410-54-00-544045.00 02 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 * DIRECT DEPOSIT TOTAL:45.00Page 64 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 544177 WERDERW WALLY WERDERICH 112625-AUG 2025 11/26/25 01 AUG 2025 ADMIN HEARINGS 01-210-54-00-5467 500.00 INVOICE TOTAL: 500.00 * 112625-JUN 2025 11/26/25 01 JUN 2025 ADMIN HEARINGS 01-210-54-00-5467 250.00 INVOICE TOTAL:250.00 * 112625-MAY 2025 11/26/25 01 MAY 2025 ADMIN HEARINGS01-210-54-00-5467250.00 INVOICE TOTAL:250.00 * 112625-NOV 2025 11/26/25 01 NOV 2025 ADMIN HEARINGS01-210-54-00-5467250.00 INVOICE TOTAL:250.00 * 112625-OCT 2025 11/26/25 01 OCT 2025 ADMIN HEARINGS01-210-54-00-5467250.00 INVOICE TOTAL:250.00 * 112625-SEPT 2025 11/26/25 01 SEPT 2025 ADMIN HEARINGS 01-210-54-00-5467250.00 INVOICE TOTAL:250.00 * 123025-DEC 2025 12/30/25 01 DEC 2025 ADMIN HEARING01-210-54-00-5467250.00 INVOICE TOTAL:250.00 * CHECK TOTAL:2,000.00 544178 WEXWEX BANK 10970885012/31/25 01 DEC 2025 GASOLINE01-210-56-00-56955,786.86 02 DEC 2025 GASOLINE01-220-56-00-5695373.39 INVOICE TOTAL:6,160.25 * CHECK TOTAL:6,160.25D004653 WILLRETE ERIN WILLRETT 01012601/01/26 01 DEC 2025 MOBILE EMAIL01-110-54-00-544045.00 Page 65 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5 ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------D004653 WILLRETE ERIN WILLRETT 010126 01/01/26 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544179 WINNINGE WINNINGER EXCAVATING INC. 120225-4 12/02/25 01 ENGINEERS PAYMENT ESTIMATE 4 51-510-60-00-6025 636,535.53 02 FOR 2025 WATER MAIN ** COMMENT **03 REPLACEMENT ** COMMENT **INVOICE TOTAL: 636,535.53 * CHECK TOTAL: 636,535.53D004654 WOLFB BRANDON WOLF 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 79-790-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544180 WOODRIDG VILLAGE OF WOODRIDGE 4530 12/11/25 01 2026 ANNUAL ILEAS FEES 01-210-54-00-5460 300.00 INVOICE TOTAL: 300.00 * CHECK TOTAL: 300.00 544181 YBSD YORKVILLE BRISTOL 2025.019 10/03/25 01 OCT 2025 LANDFILL EXPENSE 51-510-54-00-5445 32,707.29 INVOICE TOTAL: 32,707.29 * CHECK TOTAL: 32,707.29Page 66 of 71
01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 01/05/26TIME: 08:44:5981,7('&,7<2)<25.9,//(&+(&.5(*,67(5 ID: AP211001 INVOICES DUE ON/BEFORE 01/13/2026 CHECK # VENDOR # INVOICE ITEM INVOICE # DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------D004655 YODERD DAVID YODER 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * DIRECT DEPOSIT TOTAL: 45.00 544182 YOUNGM MARLYS J. YOUNG 112025-PR 12/29/25 01 11/20/25 PR MEETING MINUTES 79-795-54-00-5462 42.50 02 11/20/25 PR MEETING MINUTES 79-790-54-00-5462 42.50 INVOICE TOTAL: 85.00 * 112525-JBR 12/15/25 01 11/25/25 JBR MEETING MINUTES 87-870-54-00-5462 28.34 02 11/25/25 JBR MEETING MINUTES 88-880-54-00-5462 28.33 03 11/25/25 JBR MEETING MINUTES 89-890-54-00-5462 28.33 INVOICE TOTAL: 85.00 * 120225-EDC 12/22/25 01 12/02/25 EDC MEETING MINUTES 01-110-54-00-5462 85.00 INVOICE TOTAL: 85.00 * CHECK TOTAL: 255.00 544183 ZITTA AUGUST ZITT 010126 01/01/26 01 DEC 2025 MOBILE EMAIL 01-410-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.002,986,621.7032,826.45TOTAL CHECKS PAID:TOTAL ',5(&7DEPOSITS PAID:TOTAL AMOUNT PAID:3,019,448.15Page 67 of 71
REGULAR OVERTIME TOTAL IMRF FICA TOTALSADMINISTRATION24,908.54 - 24,908.54 1,660.54 1,242.93 27,812.01 FINANCE17,129.25 - 17,129.25 1,144.03 1,282.16 19,555.44 POLICE163,812.00 11,884.45 175,696.45 504.39 12,835.67 189,036.51 COMMUNITY DEV.35,901.93 - 35,901.93 2,400.49 2,660.98 40,963.40 STREETS32,115.61 9,216.13 41,331.74 2,744.53 3,063.40 47,139.67 BUILDING & GROUNDS6,977.17 - 6,977.17 473.23 530.80 7,981.20 WATER24,569.11 938.91 25,508.02 1,655.02 1,877.18 29,040.22 SEWER17,443.34 - 17,443.34 1,158.20 1,281.73 19,883.27 PARKS40,779.45 - 40,779.45 2,632.18 3,064.44 46,476.07 RECREATION29,324.81 - 29,324.81 1,611.00 2,188.71 33,124.52 LIBRARY20,722.76 - 20,722.76 947.86 1,538.47 23,209.09 TOTALS413,683.97$ 22,039.49$ 435,723.46$ 16,931.47$ 31,566.47$ 484,221.40$ TOTAL PAYROLL484,221.40$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYDecember 5, 2025Page 68 of 71
REGULAR OVERTIME TOTAL IMRF FICA TOTALSMAYOR & LIQ. COM.1,631.82$ -$ 1,631.82$ -$ 124.83$ 1,756.65$ ALDERMAN6,064.80 - 6,064.80 - 463.89 6,528.69 ADMINISTRATION24,342.80 - 24,342.80 1,614.87 1,568.55 27,526.22 FINANCE17,266.28 - 17,266.28 1,146.48 1,183.22 19,595.98 POLICE145,130.14 2,133.82 147,263.96 494.43 10,738.08 158,496.47 COMMUNITY DEV.35,901.94 - 35,901.94 2,383.89 2,516.33 40,802.16 STREETS32,115.64 8,266.93 40,382.57 2,681.43 2,895.41 45,959.41 BUILDING & GROUNDS6,977.17 - 6,977.17 463.28 519.34 7,959.79 WATER24,842.10 812.95 25,655.05 1,549.11 1,794.30 28,998.46 SEWER17,443.38 - 17,443.38 1,060.60 1,187.88 19,691.86 PARKS37,091.40 - 37,091.40 2,462.87 2,750.82 42,305.09 RECREATION31,686.54 - 31,686.54 1,597.72 2,354.05 35,638.31 LIBRARY21,134.48 - 21,134.48 937.90 1,558.52 23,630.90 TOTALS401,628.49$ 11,213.70$ 412,842.19$ 16,392.58$ 29,655.22$ 458,889.99$ TOTAL PAYROLL458,889.99$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYDecember 19, 2025Page 69 of 71
REGULAR OVERTIME TOTAL IMRF FICA TOTALSADMINISTRATION23,320.43 - 23,320.43 1,558.43 1,730.48 26,609.34 FINANCE17,099.62 - 17,099.62 1,142.06 1,279.89 19,521.57 POLICE164,219.11 9,717.72 173,936.83 708.69 12,936.54 187,582.06 COMMUNITY DEV.36,621.96 - 36,621.96 2,400.49 2,716.06 41,738.51 STREETS32,115.63 231.13 32,346.76 2,147.82 2,387.70 36,882.28 BUILDING & GROUNDS6,977.17 - 6,977.17 473.24 530.83 7,981.24 WATER24,983.54 2,595.68 27,579.22 1,770.67 2,026.98 31,376.87 SEWER17,443.33 - 17,443.33 1,158.17 1,280.29 19,881.79 PARKS36,763.42 - 36,763.42 2,467.66 2,755.60 41,986.68 RECREATION29,207.59 - 29,207.59 1,760.40 2,179.71 33,147.70 LIBRARY20,031.89 - 20,031.89 947.86 1,485.63 22,465.38 TOTALS408,783.69$ 12,544.53$ 421,328.22$ 16,535.49$ 31,309.71$ 469,173.42$ TOTAL PAYROLL469,173.42$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYJanuary 2, 2026Page 70 of 71
ACCOUNTS PAYABLE DATE
Clerk's Check #131280 Kendall County Recorder (Page 1)12/05/2025 57.00$
Clerk's Check #131281 Kendall County Recorder (Page 2)12/11/2025 57.00
Manual City Check Register (Pages 3 - 16)12/12/2025 999,108.20
Manual City Check Register (Pages 17 - 18)12/15/2025 124,909.34
Manual City Check Register (Page 19)12/16/2025 247,969.49
City MasterCard Bill Register (Pages 20 - 32)12/25/2025 107,044.90
City Check Register (Pages 33 - 67)01/13/2026 3,019,448.15
SUB-TOTAL:4,498,594.08$
WIRE PAYMENTS
Blue Cross/ Blue Shield Insurance-Jan 2026 12/30/2025 198,556.16$
Amalgamated Bank of Chicago - 2023A Bond - Interest PMT 12/23/2025 222,171.88
Amalgamated Bank of Chicago - 2023A Bond - Principal PMT 12/23/2025 165,000.00
Amalgamated Bank of Chicago - 2021 Bond - Interest PMT 12/23/2025 92,050.00
Amalgamated Bank of Chicago - 2021 Bond - Principal PMT 12/23/2025 360,000.00
Amalgamated Bank of Chicago - 2025B Bond -Interest PMT 12/23/2025 917,246.88
Amalgamated Bank of Chicago - 2025B Bond -Principal PMT 12/23/2025 1,105,000.00
Amalgamated Bank of Chicago - 2025A Bond -Interest PMT 12/23/2025 576,771.88
Key Government Financial-2022 Bond-Interest PMT 12/23/2025 1,320,000.00
Key Government Financial-2022 Bond-Principal PMT 12/25/2023 7,537.20
TOTAL PAYMENTS:$4,964,334.00
Bi - Weekly (Page 68)12/05/2025 484,221.40$
Bi - Weekly (Page 69)12/19/2025 458,889.99
Bi - Weekly (Page 70)01/02/2026 469,173.42
SUB-TOTAL:1,412,284.81$
TOTAL DISBURSEMENTS:10,875,212.89$
UNITED CITY OF YORKVILLE
BILL LIST SUMMARY
Tuesday, January 13, 2026
PAYROLL
Page 71 of 71
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Agenda Item Summary Memo
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Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
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Agenda Item Number
Mayor’s Report #1
Tracking Number
CC 2026-01
Whispering Meadows Community Association, Inc. Settlement Agreement
City Council – January 13, 2026
Majority
Approval
Please see the attached.
Bart Olson Administration
Name Department
Summary
Approval of a settlement agreement with the Whispering Meadows Homeowner’s
Association (HOA) for reimbursement of infrastructure maintenance costs incurred by the HOA.
Background
The City has been in litigation with various bond entities and developers of the
Whispering Meadows subdivision for more than a decade. The subdivision infrastructure was
abandoned by various development entities in the late 2000s and was never completed nor
accepted by the City. As a result, the obligation to maintain the infrastructure remained with the
developers for a number of years. During those years, the Whispering Meadows HOA and its
residents paid to improve and maintain detention basins and other pieces of infrastructure. This
cost estimate is around $40,000 over a number of years.
The City has approved settlement agreements with some of the development entities and
security companies in the past several years, and the City has used those funds to complete
pieces of infrastructure in the subdivision. Additionally, the City has set aside some funds to
reimburse the HOA for the costs they incurred maintaining and fixing infrastructure that was
ultimately a development responsibility.
Recommendation
Staff recommends approval of a settlement agreement with the Whispering Meadows
HOA.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: January 8, 2026
Subject: Whispering Meadows HOA settlement agreement
Resolution No. 2026-____
Page 1
Resolution No. 2026-_____
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING A SETTLEMENT AGREEMENT
(Whispering Meadows Community Association, Inc.)
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly
organized and validly existing unit of government of the State of Illinois within the meaning of
Article VII, Section 10 of the 1970 Illinois Constitution; and
WHEREAS, on August 12, 2003, the City entered into an Annexation Agreement (the
“Annexation Agreement”) with Kimball Hill Homes (“KH”), providing for the annexation and
development of certain real property owned or controlled by KH (the “Property”) and payment of
certain fees and donations to the City and other units of government in connection with its
development of single-family residences within the Property; however, KH and related companies
filed for bankruptcy and as a result certain parcels of the Property were conveyed to a successor
developer which also failed to complete all of the necessary public improvements all of which
resulted in litigation (the “Litigation Term”); and
WHEREAS, during the Litigation Term, Whispering Meadows Community Association,
Inc., the homeowners association (the “HOA”) performed maintenance of certain areas of the
Property which were , in fact, the responsibility of the KH or its successors and the City believes
that the HOA is entitled to reimbursement and is prepared to proceed with the reimburse the HOA
for its costs as provided in the Settlement Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The foregoing recitals are incorporated in this Resolution as if fully restated
herein.
Resolution No. 2026-____
Page 2
Section 2. That the Settlement Agreement by and between the United City of Yorkville,
Kendall County, Illinois and Whispering Meadows Community Association, Inc. , attached hereto
as Exhibit A and made a part hereof by reference, is hereby approved, and the Mayor and City
Clerk are hereby authorized to execute on behalf of the United City of Yorkville.
Section 3. That this Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
____ day of __________________, A.D. 2026.
______________________________
CITY CLERK
KEN KOCH _________ DAN TRANSIER _________
ARDEN JOE PLOCHER _________ CRAIG SOLING _________
CHRIS FUNKHOUSER _________ MATT MAREK _________
RUSTY CORNEILS _________ RUSTY HYETT _________
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this ____ day of __________________, A.D. 2026.
______________________________
MAYOR
Attest:
______________________________
CITY CLERK
1
SETTLEMENT AGREEMENT
This Settlement AGREEMENT (“Settlement Agreement”) is dated as of the ____ day
of __________, 2025, and is between the UNITED CITY OF YORKVILLE, an Illinois municipal
corporation (“the City”) and Whispering Meadows Community Association, Inc., an Illinois not for
profit community association (the “HOA”).
Recitals
WHEREAS, on August 12, 2003, the City entered into an Annexation Agreement
(“Annexation Agreement”) with Kimball Hill Homes (“KH”), providing for the annexation and
development of certain real property owned or controlled by KH (the “Property”); and
WHEREAS, pursuant to the Annexation Agreement, KH was required to pay certain impact
fees, fees in lieu of land donations, annexation fees, municipal consultants’ fees, connection fees
and other fees ( collectively the “Fees”) and to make certain land donations (“Donations”) to the
City and other units of government in connection with the development of single-family
residences within the Property; however, KH did not complete all of the necessary public
Improvements for such development; and
WHEREAS, on April 23, 2008, KH and related companies filed for Chapter 11 protection
with the United States Bankruptcy Court for the Northern District of Illinois and as a result certain
parcels of the Property were conveyed to a successor developer which also failed to complete all
of the necessary public improvements which resulted in litigation commencing in 2011 and finally
resolved in 2024 (the “Litigation Term”); and
WHEREAS, during the Litigation Term, the HOA performed maintenance of certain areas
of the Property which were the responsibility of the KH or the KH’s successors and has now
requested reimbursement of its costs to perform such maintenance; and
2
The City believes that the HOA is entitled to reimbursement of its costs and is prepared to
proceed with the reimbursement, all as hereinafter provided.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by the parties hereto, the City and the HOA agree as follows:
Section 1. Incorporation of Recitals
The above recitals are incorporated as part of this Settlement Agreement as though fully
set forth herein.
Section 2. Payment
Within 14 business days of the execution of this Settlement Agreement, the City shall pay
the HOA the sum of forty thousand (40,000) (“Payment”) as full and final resolution of any
reimbursement due to the HOA for its maintenance of the Property during the Litigation Term.
Section 3. Release
In consideration of and effective upon the receipt of the Payment, the HOA hereby
completely, fully, finally, and forever releases and discharges the City, its offices, employees,
agents, attorneys, and engineers, jointly and severally, from all claims for any costs and expenses
related to and/or concerning the Property.
Section 4. Future Maintenance
Nothing in this Settlement Agreement shall preclude the City from otherwise enforcing its
ordinances as they apply to the Property. By way of example only, the City shall still be entitled to
enforce property maintenance ordinances in the event that the HOA or its successor fails to
maintain the Property.
Section 5. Counterparts
3
This Settlement Agreement may be executed in counterparts, each of which shall
constitute an original document, which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Settlement Agreement to be
executed by their duly authorized officers on the date first above written.
UNITED CITY OF YORKVILLE,
an Illinois municipal corporation
By: __________________________
John Purcell, Mayor
ATTEST:
___________________________
Jori Contrino, City Clerk
WHISPERING MEADOWS COMMUNITY
ASSOCIATION, INC, AN ILLINOIS NOT-FOR-
PROFIT CORPORATION
By: __________________________
Kristopher Lackey, President
ATTEST:
_____________________
Amanda Lykins, Secretary
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
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Agenda Item Number
Mayor’s Report #2
Tracking Number
CC 2026-02
Ordinance Approving WIFIA Loan Agreement and Term Sheet
City Council – January 13, 2026
CC – 9/23/25
Approval of WIFIA Authorizing
Ordinance
CC 2025-71
Majority
Approval
Please see the attached memo.
Rob Fredrickson Finance
Name Department
Summary
Staff is requesting City Council approval of the attached WIFIA Loan Agreement and WIFIA Term
Sheet with the U.S. Environmental Protection Agency (EPA). Approval of these documents would
authorize the City to proceed with a Water Infrastructure Finance and Innovation Act (WIFIA) loan in
an amount not to exceed $170 million. This action represents the final substantive step in securing long-
term federal financing to support the City’s Lake Michigan water supply connection, as well as the
associated system improvements necessary to ensure Yorkville’s long-term water reliability.
Background
As Council is aware, the City has been actively pursuing financing through the EPA’s Water
Infrastructure Finance and Innovation Act (WIFIA) program as its primary long-term funding source for
the Lake Michigan Water Sourcing Project. The WIFIA program is specifically designed to support
large-scale, transformative water infrastructure initiatives and is well-suited to the scope and complexity
of this effort. WIFIA financing encompasses the full range of capital improvements required to
transition the City from its current deep sandstone aquifer to a new, long-term and reliable water supply,
including regional transmission mains, water receiving and storage facilities and Yorkville-specific
internal system improvements necessary to connect to and integrate with the DuPage Water Commission
(DWC) system.
The attached WIFIA Loan Agreement (Exhibit A) serves as the binding legal document governing the
City’s participation in the WIFIA program. This agreement, and the exhibits attached to it, establishes
the full set of terms and conditions associated with the WIFIA loan, including procedures for requesting
and receiving disbursements, repayment obligations, security provisions and ongoing covenants that will
apply over the life of the financing. The accompanying WIFIA Term Sheet (Exhibit B) reflects the
EPA’s formal approval of the City’s WIFIA application and summarizes the principal economic and
structural components of the WIFIA loan. The key terms of the financing are outlined below:
Loan Amount: Up to $170,000,000, which is currently estimated to represent 75.6% of total
eligible project costs. While WIFIA financing is statutorily limited to no more than 80% of
eligible project costs, the proposed $170 million loan amount reflects the maximum level of
borrowing that can be financially supported under the City’s current water utility revenue
structure and adopted rate plan.
Interest Rate: A fixed rate equal to the applicable U.S. Treasury rate plus 1 basis point (0.01%),
determined at closing and currently estimated at approximately 4.87% as of January 5th.
Memorandum
To: City Council
From: Rob Fredrickson, Finance Director
Date: January 6, 2026
Subject: Ordinance Approving WIFIA Loan Agreement & Term Sheet
Repayment Structure: Deferred principal and interest during the construction period, with
repayment commencing in Fiscal Year 2032, or five years following substantial completion of
the project.
Final Maturity: Up to 35 years following project completion, extending through Fiscal Year
2065.
The WIFIA Loan Agreement also includes a detailed Sources and Uses of Funds table (Part A – Project
Budget), presented at the top of page Schedule II-1, which summarizes the City’s financing plan for the
Water Sourcing Project. The table reflects total eligible project costs of approximately $225 million.
Funding for these costs is anticipated to come from multiple sources, including:
the proposed WIFIA loan of approximately $170 million—comprised of $151.0 million in new
loan proceeds and $19.0 million to reimburse the City for previously incurred eligible costs;
$25,444,201 in proceeds from previously issued Water Bonds (Series 2025A);
$29,286,668 in State Revolving Fund (SRF) low-interest loans from the Illinois EPA;
a nominal contribution from existing Water Fund cash.
The Uses of Funds identify the specific project components eligible for WIFIA reimbursement,
including the City’s proportional share (40.22%) of the DWC transmission mains, construction of water
receiving stations and storage facilities and related system improvements necessary to integrate the new
water supply into the City’s distribution system. Eligible costs also include water main repair and
replacement projects directly related to the new water source, as well as land acquisition and WIFIA-
related closing costs. The Loan Agreement limits reimbursement to costs that are directly attributable to
eligible WIFIA projects and incurred in compliance with applicable federal requirements. The Sources
and Uses table demonstrates compliance with WIFIA program requirements—most notably that the loan
does not exceed 80% of eligible project costs—and documents the City’s overall financing strategy.
The table reflects current estimates and will be updated as costs are incurred and funding sources are
drawn down.
Beyond the financial framework presented in the Sources and Uses of Funds table, the WIFIA Loan
Agreement provides additional project-level detail and implementation context. Immediately following
the Sources and Uses of Funds table, the Loan Agreement includes an estimated construction schedule
(Part B) for all WIFIA-eligible projects, outlining design completion milestones as well as projected
construction start and completion dates. The WIFIA Loan Agreement then presents a summary of
existing construction contracts (Part C) and concludes with concise narrative descriptions of each
WIFIA-related project (Part D).
In addition, the WIFIA Loan Agreement affords the City significant prepayment flexibility. Following
the final disbursement of WIFIA loan proceeds, the City may prepay the WIFIA loan, in whole or in
part, in minimum principal increments of $500,000 and any multiple of that amount, without any
prepayment penalty or premium. Any prepayment would be applied evenly across the remaining
scheduled payments over the life of the WIFIA loan, rather than being applied to a single year. This
feature preserves long-term financial flexibility by allowing the City to apply excess Water Fund
revenues, one-time funding sources or future refinancing opportunities to reduce outstanding WIFIA
debt when financially advantageous.
As part of the WIFIA approval process, the City’s municipal advisor, Speer Financial, Inc., has prepared
a Preliminary Revenue Sufficiency Report (Exhibit C) evaluating the adequacy of pledged Water Fund
revenues to support debt amounts over the life of the proposed WIFIA loan. The analysis, completed in
coordination with a water rate study conducted by Engineering Enterprises, Inc., is based on the City’s
adopted water rate ordinance, projected population growth, historical and projected water usage,
anticipated operating expenses and the projected WIFIA debt service schedule.
Pledged revenues evaluated in the Report include net water system revenues (revenues less operating
expenses) and proceeds of the City’s places of eating tax. The Report concludes that these revenues are
sufficient to meet and exceed the minimum 1.25x senior lien debt service coverage requirement for the
entire term of the WIFIA loan, together with existing senior lien obligations, comprised of the 2023A
and 2025A bonds (see Senior Lien Coverage, page 7). While coverage is lowest in the initial years
following the commencement of WIFIA principal repayment in FY 2033, projected coverage remains
compliant and strengthens over time as system revenues grow. These projections reflect the City
Council-approved multi-year water rate plan (Ordinance 2025-54), which includes stepped rate increases
through FY 2030 followed by annual 3% adjustments thereafter, as well as per-capita usage assumptions
consistent with the City’s historical experience and long-range Lake Michigan water supply planning. A
final Revenue Sufficiency Report from Speer will be delivered as part of the WIFIA loan closing
process.
Assuming passage of the proposed ordinance, staff anticipates that the WIFIA loan closing process will
require approximately 30 to 60 days, based on guidance received from the U.S. Environmental
Protection Agency (EPA). Accordingly, the City is currently targeting a loan closing in March 2026,
subject to the completion of final federal reviews and execution of all required closing documents.
Following WIFIA loan closing, the City may begin submitting reimbursement requests for eligible
project costs as early as the day after the loan becomes effective. Reimbursement requests are typically
processed by the EPA on a semi-monthly basis, with disbursements generally issued on or around the 1st
and 15th of each month.
Recommendation
Staff recommends approval of the attached WIFIA Loan Agreement and WIFIA Term Sheet, and
adoption of the accompanying ordinance authorizing their execution.
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2026-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS AUTHORIZING THE BORROWING OF AN
AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $170,000,000
FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
FOR THE PURPOSE OF PAYING ELIGIBLE COSTS OF ENHANCING THE
CITY’S WATER DELIVERY SYSTEM; AUTHORIZING AND PROVIDING
FOR THE EXECUTION AND DELIVERY OF A WIFIA LOAN AGREEMENT
AND WIFIA TERM SHEET RELATING TO SUCH LOAN; AUTHORIZING
AND PROVIDING FOR THE ISSUANCE OF A GENERAL OBLIGATION
ALTERNATE REVENUE BOND IN EVIDENCE OF SUCH BORROWING;
PROVIDING FOR THE IMPOSITION OF TAXES TO PAY THE SAME AND
FOR THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE NET
REVENUES DERIVED BY THE CITY FROM ITS WATER DELIVERY
SYSTEM FOR THE PAYMENT OF SAID BOND; AUTHORIZING THE
ISSUANCE OF THE BOND TO THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY; AUTHORIZING THE ESTABLISHMENT OF A
BOND FUND AND ACCOUNTS THEREIN FOR THE PAYMENT OF SUCH
BOND; AND AUTHORIZING CERTAIN RELATED ACTIONS IN
CONNECTION WITH THE ISSUANCE OF SUCH BOND.
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
this 13th day of January, 2026
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on January , 2026.
TABLE OF CONTENTS
Section 1. Definitions........................................................................................................... 9
Section 2. Incorporation of Preambles; Acceptance of Report .......................................... 13
Section 3. Determination to Borrow Money from the WIFIA Loan and to Issue the WIFIA
Bond .................................................................................................................. 13
Section 4. Acceptance and Authorization of the WIFIA Loan; Issuance of the WIFIA
Bond; Execution and Delivery of the WIFIA Loan Agreement;
Acknowledgement and Acceptance of the WIFIA Term Sheet ........................ 13
Section 5. Bond Details...................................................................................................... 15
Section 6. Redemption ....................................................................................................... 16
Section 7. Registration of WIFIA Bond; Persons Treated as Owner. ............................... 16
Section 8. Form of WIFIA Bond. ...................................................................................... 17
Section 9. Execution and Authentication of WIFIA Bond ................................................ 18
Section 10. Treatment of WIFIA Bond as Debt .................................................................. 18
Section 11. Use of WIFIA Bond Proceeds .......................................................................... 18
Section 12. WIFIA Bond Fund ............................................................................................ 19
Section 13. Pledged Taxes; Tax Levy .................................................................................. 20
Section 14. Continuation of Water Fund and Accounts Thereof ......................................... 21
Section 15. Flow of Funds in Water Fund ........................................................................... 22
Section 16. Additional Bonds, Subordinate System Obligations and Future System
Obligation Ordinances. ..................................................................................... 25
Section 17. General Covenants Regarding the System ........................................................ 26
Section 18. General Covenants Regarding the WIFIA Bond .............................................. 28
Section 19. Abatement of Pledged Taxes ............................................................................ 29
Section 20. Filing with County Clerk .................................................................................. 30
Section 21. Defeasance of WIFIA Bond .............................................................................. 30
Section 23. Provisions a Contract ........................................................................................ 31
Section 24. Severability ....................................................................................................... 31
Section 25. Repealer ............................................................................................................ 31
Section 26. Effective Date ................................................................................................... 31
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ORDINANCE NO.
AN ORDINANCE of the United City of Yorkville, Kendall County,
Illinois authorizing the borrowing of an aggregate principal
amount of not to exceed $170,000,000 from the United States
Environmental Protection Agency for the purpose of paying
eligible costs of enhancing the City’s water delivery system;
authorizing and providing for the execution and delivery of a
WIFIA Loan Agreement and WIFIA Term Sheet relating to such
loan; authorizing and providing for the issuance of a general
obligation alternate revenue bond in evidence of such borrowing;
providing for the imposition of taxes to pay the same and for the
collection, segregation and distribution of the net revenues
derived by the City from its water delivery system for the
payment of said bond; authorizing the issuance of the bond to the
United States Environmental Protection Agency; authorizing the
establishment of a bond fund and accounts therein for the
payment of such bond; and authorizing certain related actions in
connection with the issuance of such bond.
* * *
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”), is a duly
organized and existing non-home rule municipality incorporated and existing under the
provisions of the laws of the State of Illinois, is now operating under the provisions of the
Illinois Municipal Code, as amended (the “Municipal Code”), and all laws amendatory thereof
and supplementary thereto, including, without limitation, the Local Government Debt Reform
Act, 30 Illinois Compiled Statues 350, as amended (the “Debt Reform Act”); and
WHEREAS, the City has for many years owned and operated a municipally-owned water
supply system (the “System”) pursuant to Division 129 of Article 11 of the Municipal Code; and
WHEREAS, the Mayor and the City Council of the City (the “Corporate Authorities”)
have determined that it is advisable, necessary and in the best interests of the public health,
safety, welfare and convenience of the City to enhance the System, including, without limitation,
to connect to a new source of water supply through the DuPage Water Commission, and may
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include construction of a shared transmission main, construction of receiving stations and
internal system improvements, including water main repair and replacements that are necessary
to connect to and receive the new water supply (collectively, the “Project”), all in accordance
with the preliminary plans and estimates of costs therefor heretofore presented to the Corporate
Authorities; and
WHEREAS, the estimated costs of the Project, including, without limitation, engineering,
construction, legal, financial, administrative and other expenses and costs, are estimated by the
Corporate Authorities to be not more than $170,000,000, but the City does not currently have
sufficient funds on hand and lawfully available to pay such costs, nor does it expect to have
sufficient funds on hand and lawfully available to pay such costs; and
WHEREAS, it is necessary and for the best interests of the City that the Project be
constructed; and
WHEREAS, pursuant to Article 8 and Article 11 of the Municipal Code, the City is
authorized to borrow money and 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 pursuant to the Debt Reform Act; 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 Municipal 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,
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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,
an agency of the United States of America, acting by and through the Administrator of the
Environmental Protection Agency (the “WIFIA Lender”), for a Water Infrastructure Finance and
Innovation Act (“WIFIA”) loan to finance the eligible costs of the Project; and
WHEREAS, for the purpose of providing funds to pay the eligible costs of the Project and
in accordance with the provisions of Division 129 of Article 11 of the Municipal Code, the
Corporate Authorities adopted Ordinance No. 2025-68 on September 23, 2025 (the “Authorizing
Ordinance”), authorizing the City to borrow money for the Project by entering into a WIFIA
loan with the WIFIA Lender in an aggregate amount of not to exceed $225,000,000, which loan
shall be either (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 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, on the 25th day of September, 2025, a notice of the adoption of the
Authorizing Ordinance (the “Notice”), in statutory form, was published in the Aurora Beacon-
News, the same being a newspaper of general circulation in the City, and an affidavit evidencing
the publication of the Notice has heretofore been presented to the Corporate Authorities and
made a part of the permanent records of the City; and
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WHEREAS, on the 25th day of September, 2025, the Authorizing Ordinance was published
in the Aurora Beacon-News, the same being a newspaper of general circulation in the City, and
an affidavit evidencing the publication of the Authorizing Ordinance has heretofore been
presented to the Corporate Authorities and made a part of the permanent records of the City; and
WHEREAS, more than thirty (30) days have expired since the date of publication of the
Authorizing Ordinance and the Notice, and no petitions with the requisite number of valid
signatures thereon have been filed with the City Clerk requesting that the question of the
borrowing of money for the Project by entering into either the Revenue-Backed WIFIA Loan or
the Alternate Revenue WIFIA Loan be submitted to referendum; and
WHEREAS, pursuant to and in accordance with the provisions of the Bond Issue
Notification Act of the State of Illinois, the Mayor executed an Order on September 23, 2025
calling a public hearing (the “Hearing”) for the 14th day of October, 2025, concerning the
intent of the Corporate Authorities to borrow money for the Project by entering into the either
the Revenue-Backed WIFIA Loan or the Alternate Revenue WIFIA Loan in an amount of not
to exceed $225,000,000 with respect to the Project; and
WHEREAS, notice of the Hearing was given (i) by publication at least once not less than
seven (7) nor more than thirty (30) days before the date of the Hearing in the Aurora
Beacon-News, the same being a newspaper of general circulation in the City, and (ii) by
posting at least 48 hours before the Hearing a copy of said notice at the principal office of the
Corporate Authorities, which notice was continuously available to the public for the 48-hour
period preceding the Hearing; and
WHEREAS, on the 25th day of September, 2025, notice of the Hearing was published in
the Aurora Beacon-News, the same being a newspaper of general circulation in the City, and
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an affidavit evidencing the publication of the notice of the Hearing has heretofore been
presented to the Corporate Authorities and made a part of the permanent records of the City;
and
WHEREAS, the Hearing was opened on the 14th day of October, 2025, and at the
Hearing the Corporate Authorities explained the reasons for the WIFIA loan and permitted
persons desiring to be heard an opportunity to present written or oral testimony within
reasonable time limits; and
WHEREAS, the Hearing was finally adjourned on the 14th day of October, 2025, and not
less than seven (7) days have passed since the final adjournment of the Hearing; and
WHEREAS, the Project constitutes a lawful corporate purpose within the meaning of the
Debt Reform Act; and
WHEREAS, the Corporate Authorities are now authorized to borrow money for the Project
by entering into the Revenue-Backed WIFIA Loan to the maximum aggregate amount of
$170,000,000 or, in lieu thereof, to borrow money for the Project by entering into the Alternate
Revenue WIFIA Loan, to the maximum aggregate amount of $170,000,000 in accordance with
the provisions of the Debt Reform Act, and the Corporate Authorities hereby determine that it is
necessary and desirable that there be borrowed at this time the amount of not to exceed
$170,000,000 (sum of disbursements and excluding capitalized interest) of the Alternate
Revenue WIFIA Loan (the “WIFIA Loan”) so authorized, and to issue its alternate bond in
evidence of such borrowing, for the purpose of providing funds to pay the eligible costs of the
Project; and
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WHEREAS, in the event that the WIFIA Loan is in the amount of less than $170,000,000
(sum of disbursements and excluding capitalized interest), the City will fund the estimated costs
of the Project from sources other than the WIFIA Loan; and
WHEREAS, pursuant to WIFIA, as amended, 33 U.S.C. §§ 3901-3915, the WIFIA Lender
is authorized to enter into loan agreements to provide financial assistance with one or more
eligible entities to make secured loans with appropriate security features to finance a portion of
the eligible costs of projects eligible for assistance;
WHEREAS, the City and the WIFIA Lender have negotiated and are finalizing the terms of
the proposed loan agreement (the “WIFIA Loan Agreement”) for the WIFIA Loan, along with a
term sheet (the “WIFIA Term Sheet”), which WIFIA Term Sheet, upon execution by the City
and the WIFIA Lender, will constitute the WIFIA Lender’s approval of WIFIA financial
assistance for the Project to be provided in the form of the WIFIA Loan, subject to the terms and
conditions of the WIFIA Loan Agreement; and
WHEREAS, the WIFIA Loan Agreement will require that the City issue and deliver to the
WIFIA Lender its general obligation alternate bond (the “WIFIA Bond”) as provided in the Debt
Reform Act in an amount of not to exceed $170,000,000 (excluding capitalized interest) in
order to evidence its obligation to repay the WIFIA Loan in accordance with the WIFIA Loan
Agreement;
WHEREAS, the Corporate Authorities deem it necessary and desirable at this time to
authorize the execution and delivery of the WIFIA Loan Agreement and WIFIA Term Sheet and
to authorize the issuance and delivery of the WIFIA Bond;
WHEREAS, the WIFIA Bond to be issued will be payable from the Pledged Revenues and,
if the Pledged Revenues are insufficient to pay the WIFIA Bond, payable also from ad valorem
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property taxes upon all taxable property in the City without limitation as to rate or amount (the
“Pledged Taxes”); and
WHEREAS, the City has heretofore issued and has outstanding its General Obligation
Bonds (Alternate Revenue Source), Series 2023A (the “Series 2023A Bonds”), issued pursuant to
the Debt Reform Act and Ordinance Number 2023-24 adopted by the Corporate Authorities on
July 11, 2023 (the “Series 2023A Bond Ordinance”); and
WHEREAS, the City has also heretofore issued and has outstanding its General Obligation
Bonds (Alternate Revenue Source), Series 2025A (the “Series 2025A Bonds” and, together with
the Series 2023A Bonds, the “Prior Alternate Bonds”), issued pursuant to the Debt Reform Act
and Ordinance Number 2024-76 adopted by the Corporate Authorities on December 10, 2024
(the “Series 2025A Bond Ordinance” and, together with the Series 2023A Bond Ordinance, the
“Prior Alternate Bond Ordinances”); and
WHEREAS, pursuant to the Prior Alternate Bond Ordinances, the Prior Alternate Bonds
are each secured ratably and equally by the Pledged Revenues;
WHEREAS, the WIFIA Bond will be issued on a parity with the Prior Alternate Bonds,
and will be secured ratably and equally by the Pledged Revenues with such Prior Alternate
Bonds, which Prior Alternate Bonds shall be the only outstanding obligations of the City payable
from the Pledged Revenues on a parity basis with the WIFIA Bond;
WHEREAS, the City expressly reserved the right in Prior Alternate Bond Ordinances to
issue “Additional Bonds” as therein defined, provided that certain conditions set forth in the
Debt Reform Act are met;
WHEREAS, the Corporate Authorities have heretofore and do hereby determine in
accordance with the provisions of Section 15(c) of the Debt Reform Act that the Pledged
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Revenues will be sufficient to provide for or pay in each year to final maturity of the WIFIA
Bond all of the following: (1) costs of operation and maintenance of the System, but not
including depreciation, (2) debt service on all outstanding revenue bonds payable from the
Pledged Revenues, (3) all amounts required to meet any fund or account requirements with
respect to such outstanding revenue bonds, (4) other contractual or tort liability obligations, if
any, payable from the Pledged Revenues, and (5) in each year, an amount not less than 1.25
times debt service on all (i) alternate bonds payable from the Pledged Revenues previously
issued by the City and then outstanding, and (ii) the WIFIA Bond proposed to be issued pursuant
to this Ordinance; and
WHEREAS, such determination of the sufficiency of the Pledged Revenues is supported by
reference to the report (the “Report”) prepared by Speer Financial, Inc., Chicago, Illinois
(“Speer”), which Report has been presented to and accepted by the Corporate Authorities and is
now on file with the City Clerk; and
WHEREAS, Speer has a national reputation for expertise in such matters within the
meaning of the Debt Reform Act; and
WHEREAS, the County Clerk of the County of Kendall, Illinois is therefore authorized to
extend and collect property taxes levied in this Ordinance for the payment of the WIFIA Bond,
as an alternate bond under the Debt Reform Act, without limitation as to rate or amount; and
WHEREAS, the Corporate Authorities deem it necessary and desirable at this time to
authorize the borrowing of funds for the Project from the WIFIA Loan by entering into the
WIFIA Loan Agreement and, in evidence of such borrowing, to issue the WIFIA Bond in a
maximum principal amount (excluding capitalized interest) of $170,000,000; and
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WHEREAS, in connection with the WIFIA Loan, and pursuant to this Ordinance, the City
shall enter into the WIFIA Loan Agreement in substantially the form attached hereto as Exhibit
A, and the WIFIA Term Sheet in substantially the form attached hereto as Exhibit B, with such
changes as the Mayor or any other Designated Officer (as herein defined) shall approve, and the
Corporate Authorities hereby find that the execution and delivery of the WIFIA Loan Agreement
and the acknowledgement and acceptance of the WIFIA Term Sheet are necessary and advisable
in connection with the issuance of the WIFIA Bond payable to the WIFIA Lender in evidence of
the WIFIA Loan; and
WHEREAS, the Designated Officers are hereby authorized to execute and deliver any and
all documents and instruments and to do and cause to be done any and all acts and things
necessary or convenient in carrying out the actions authorized by this Ordinance and the
transactions contemplated by the documents and instruments approved or authorized by this
Ordinance, including, without limitation, making any determinations or submission of any
documents or reports which are required by any rule or regulation of any governmental entity,
the giving of any notices and directions or the seeking of any consents or acknowledgments in
connection with the execution of any agreement related to the WIFIA Loan transaction and the
authorization, execution, issuance, and delivery of, and the performance by the City of its
obligations under, the documents and instruments approved or authorized by this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1. Definitions. In addition to the words and terms as defined in the
preambles hereto, the following words and terms used in this Ordinance shall have the
following meanings unless the context or use clearly indicates another or different meaning is
intended:
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“Additional Bonds” means (i) any revenue bonds to be issued subsequent in time to the
WIFIA Bond in accordance with the provisions of the Municipal Code, and (ii) any alternate
bonds to be issued subsequent in time to the WIFIA Bond in accordance with the provisions
of the Debt Reform Act, in either case on a parity with and sharing ratably and equally in all
or a portion of the Pledged Revenues with the WIFIA Bond and the Prior Alternate Bonds.
“Additional IEPA Loans” means any revenue bonds payable from the Net Revenues
issued subsequent in time to the WIFIA Bond in connection with an IEPA Loan, issued either
subordinate to or on a parity with, and sharing ratably and equally in, the Net Revenues with
the Prior Alternate Bonds, the WIFIA Bond and any Additional Bonds.
“Bond Register” means the books of the City kept by the Bond Registrar to evidence
the registration and transfer of the WIFIA Bond.
“Bond Registrar” means the Treasurer or a successor designated as Bond Registrar
hereunder.
“Capitalized Interest Period” has the meaning set forth in the WIFIA Loan
Agreement.
“Clerk” means the Clerk of the City.
“County Clerk” means the County Clerk of the County of Kendall, Illinois.
“Debt Service Payment Commencement Date” has the meaning set forth in the WIFIA
Loan Agreement.
“Designated Officers” means the Mayor, the Treasurer, or the Clerk, or any of them
acting together, and their respective successors and assigns.
“Eligible Project Costs” has the meaning set forth in the WIFIA Loan Agreement.
“Final Disbursement Date” has the meaning set forth in the WIFIA Loan Agreement.
“Fiscal Year” means a twelve-month period beginning May 1 of the calendar year and
ending on the next succeeding April 30.
“Future System Obligation Ordinances” means the ordinances of the City authorizing
the issuance of bonds or other debt payable from the Pledged Revenues, but not including the
Prior Alternate Bond Ordinances or this Ordinance.
“Gross Revenues” means all income from whatever source derived from the System,
including, without limitation, (i) investment income; (ii) connection, permit and inspection
fees and the like; and (iii) penalties and delinquency charges; but expressly excluding (a) non-
recurring income from the sale of property of the System; (b) governmental or other grants;
(c) advances from or grants made to the City; (d) capital development, reimbursement, or
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recovery charges and the like; and (e) annexation or pre-annexation charges insofar as
designated by the Corporate Authorities as paid for System connection or service; and as
otherwise determined in accordance with generally accepted accounting principles for
municipal enterprise funds.
“IEPA” means the Illinois Environmental Protection Agency, or any successor agency
under the laws of the State.
“IEPA Loans” means, collectively, all from time to time Outstanding loans to the City
from the IEPA.
“IEPA Loan Account” means any loan account established under any ordinance
adopted by the Corporate Authorities from time to time with respect to an IEPA Loan or an
Additional IEPA Loan.
“Mayor” means the Mayor of the City.
“Net Revenues” means Gross Revenues minus Operation and Maintenance Expenses.
“Operation and Maintenance Expenses” means all expenses of operating, maintaining
and routine repair of the System, including wages, salaries, costs of materials and supplies,
power, fuel, insurance, purchase of water (including all payments by the City pursuant to long
term contracts for such services as and to the extent provided in such contracts and specifically
including all payments to the DuPage Water Commission for the purchase of water); but
excluding debt service, depreciation, or any reserve requirements; and otherwise determined in
accordance with generally accepted accounting principles for municipal enterprise funds.
“Ordinance” means this Ordinance, numbered as set forth on the title page hereof,
passed by the Corporate Authorities on the 13th day of January, 2026, as supplemented and
amended.
“Outstanding” and “Outstanding System Obligations” means (a) when used solely with
reference to any of the Prior Alternate Bonds, the Additional Bonds, the IEPA Loans or the
Additional IEPA Loans, such of the Prior Alternate Bonds, the Additional Bonds, the IEPA
Loans or the Additional IEPA Loans which are outstanding and unpaid; provided, however,
such term shall not include any of the Prior Alternate Bonds, the Additional Bonds, the IEPA
Loans or the Additional IEPA Loans (i) which have matured and for which moneys are on
deposit with proper paying agents, or are otherwise properly available, sufficient to pay all
principal and interest thereon, or (ii) the provision for payment of which has been made by the
City by the deposit in an irrevocable trust or escrow of funds direct, full faith and credit
obligations of the United States of America, the principal and interest of which will be
sufficient to pay at maturity or as called for redemption all the principal of and interest and
applicable premium, if any, on the Prior Alternate Bonds, the Additional Bonds, the IEPA
Loans and the Additional IEPA Loans, and (b) with respect to the WIFIA Bond, the (i) entire
amount available to be drawn under the WIFIA Loan Agreement (including amounts drawn,
amounts that remain available to be drawn and, if applicable, any capitalized interest added or
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projected to be added to the principal amount of the WIFIA Loan in accordance with the terms
of the WIFIA Loan Agreement), less (ii) any amount that has been irrevocably determined
will not be drawn under the WIFIA Loan Agreement, less (iii) the aggregate principal amount
of the WIFIA Loan Balance that has been repaid or prepaid.
“Parity Obligations” means the Prior Alternate Bonds, the WIFIA Bond, any
Additional Bonds and any Additional IEPA Loans that rank on a parity with the WIFIA Bond.
“Paying Agent” means the Treasurer or a successor designated as Paying Agent
hereunder.
“Places for Eating Tax” means the non-home rule sales tax on the gross receipts for
prepared food and beverages sold at retail establishments for immediate consumption imposed
by the City pursuant to an ordinance adopted by the Corporate Authorities on June 27, 2023,
the revenues from which are to be deposited into the Water Fund.
“Pledged Revenues” means, collectively, (i) the Net Revenues, (ii) all collections of the
Places for Eating Tax, and (iii) certain moneys on deposit from time to time in the funds and
accounts held within the Water Fund.
“Pledged Revenues Account” means the Pledged Revenues Account established
hereunder and further described in Section 12 of this Ordinance.
“Pledged Moneys” means the Pledged Revenues and the Pledged Taxes, as each of
such terms are defined herein.
“Pledged Taxes” means the ad valorem taxes levied against all the taxable property
within the City without limitation as to rate or amount, pledged hereunder by the City as
security for the WIFIA Bond.
“Project” means, collectively, a water supply regionalization and water system
improvement project that will enable the City, in coordination with neighboring communities,
to connect to a new source of water supply through the DuPage Water Commission and may
include construction of a shared transmission main, construction of receiving stations and
internal system improvements, including water main repair and replacements that are
necessary to connect to and receive the new water supply.
“Project Fund” means the Project Fund established hereunder and further described in
Section 11 of this Ordinance.
“System Obligation Bond and Interest Account” means the System Obligation Bond
and Interest Account continued and renamed pursuant to Section 15 of this Ordinance.
“System” refers to all property, real, personal or otherwise owned or to be owned by
the City or under the control of the City, and used for water supply purposes, including any
and all further extensions, improvements and additions to the System.
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“Treasurer” means the Treasurer of the City.
“Water Fund” means the Water Fund of the City continued hereunder and further
described in Section 14 of this Ordinance.
“WIFIA Bond Fund” means the WIFIA Bond Alternate Bond Fund established
hereunder and further described in Section 12 of this Ordinance.
“WIFIA Expense Fund” means the fund established hereunder and further described
by Section 11 of this Ordinance.
“WIFIA Loan Balance” has the meaning set forth in the WIFIA Loan Agreement.
Section 2. Incorporation of Preambles; Acceptance of Report. The Corporate
Authorities hereby find that all of the recitals contained in the preambles to this Ordinance are
full, true and correct and do incorporate them into this Ordinance by this reference thereto.
The Report is hereby accepted and approved by the Corporate Authorities, and it is hereby
found and determined that Speer is a feasibility analyst having a national reputation for
expertise in such matters as the Report.
Section 3. Determination to Borrow Money from the WIFIA Loan and to Issue the
WIFIA Bond. It is hereby found and determined that it is necessary and in the best interests of
the City to construct the Project and in order to finance such construction, to borrow money
for the Project under the WIFIA Loan from the WIFIA Lender in an amount not to exceed
$170,000,000 (sum of disbursements and excluding capitalized interest) and, as evidence of
such indebtedness, to issue the WIFIA Bond to said amount pursuant to the Municipal Code
and the Debt Reform Act for the purpose of paying for the Eligible Project Costs, and that
such borrowing is necessary for the welfare of the government and affairs of the City, is a
public purpose and is in the public interest.
Section 4. Acceptance and Authorization of the WIFIA Loan; Issuance of the WIFIA
Bond; Execution and Delivery of the WIFIA Loan Agreement; Acknowledgement and Acceptance
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of the WIFIA Term Sheet. The Corporate Authorities authorize the borrowing of money for the
Project by entering into the WIFIA Loan with the WIFIA Lender and, in evidence of such
borrowing, to issue the WIFIA Bond. Each of the Designated Officers is hereby authorized to
take all necessary action to have the WIFIA Bond prepared and executed and to deliver all other
necessary documents with respect to the WIFIA Loan in accordance with the terms of the
WIFIA Loan Agreement. The WIFIA Bond shall be executed and delivered to the Bond
Registrar and be delivered by the Bond Registrar to the purchaser thereof, namely, the WIFIA
Lender, on the date of execution and delivery of the WIFIA Loan Agreement, all in accordance
with the provisions of the WIFIA Loan Agreement, in substantially the form attached hereto as
Exhibit A, with such changes as the Mayor shall approve, the execution thereof to constitute
conclusive evidence of the approval of the WIFIA Loan Agreement. The Corporate Authorities
hereby authorize and direct the Mayor or any of the Designated Officers to execute, attest and
deliver the WIFIA Loan Agreement in the name and on behalf of the City. The Corporate
Authorities hereby further authorize and direct any of the Designated Officers to acknowledge
and agree to the terms in the WIFIA Term Sheet in the name and on behalf of the City by
execution of same.
The Corporate Authorities hereby authorize acceptance of the offer of the WIFIA
Loan, including all terms and conditions of the WIFIA Loan Agreement as well as all special
conditions contained therein and/or made a part thereof by reference. The Corporate
Authorities hereby further agree that the WIFIA Loan funds disbursed under the WIFIA Loan
Agreement shall be used solely for the purposes of the Project and to pay the Eligible Project
Costs as approved by the WIFIA Lender in accordance with the terms of the WIFIA Loan
Agreement. Any of the Designated Officers or their designees shall be authorized to take all
necessary action to cause the Advances (as hereinafter defined) to be made in accordance with
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the terms of the WIFIA Loan Agreement.
Section 5. Bond Details. For the purpose of providing for the payment of the Eligible
Project Costs, there shall be issued a single WIFIA Bond payable to the WIFIA Lender or
registered assigns as provided therein. The maximum principal amount of the WIFIA Bond shall
be $170,000,000 (excluding capitalized interest), as evidenced by the WIFIA Bond. Amounts
advanced by the WIFIA Lender from time to time to pay Eligible Project Costs (the “Advances”)
shall be disbursed from time to time in accordance with the provisions of the WIFIA Loan
Agreement.
The WIFIA Bond shall be designated “General Obligation Bond (Alternate Revenue
Source), Series 2026A (WIFIA ID – N22149IL)” and shall be dated no later than the date of the
execution and delivery of the WIFIA Loan Agreement. The WIFIA Loan Balance from time to
time outstanding shall bear interest as set forth in the WIFIA Loan Agreement, the initial rate not
to exceed five and one-half percent (5.50%) per annum, such rate being subject to adjustment as
set forth in the WIFIA Loan Agreement but at no time to exceed eight percent (8%) per annum.
Interest shall be computed on the basis of a 360-day year of twelve (12) thirty (30) day months,
and payable in arrears on each January 1 and July 1, commencing on the Debt Service Payment
Commencement Date, provided, however, that pursuant to Section 8(a)(iii) of the WIFIA Loan
Agreement, no payment of principal of or interest on the WIFIA Loan will be required to be
made during the Capitalized Interest Period. Interest accrued and not paid on the WIFIA Loan
during the Capitalized Interest Period shall be capitalized and added to the WIFIA Loan Balance
pursuant to the WIFIA Loan Agreement. The WIFIA Loan Balance shall become due and
payable pursuant to a schedule of repayment determined (and modified, as applicable) as set
forth in the WIFIA Loan Agreement (the “Repayment Schedule”), with a final maturity date as
set forth in the WIFIA Loan Agreement.
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Payments of principal, interest and other amounts due in respect of the WIFIA Bond shall
be made in lawful money of the United States of America in the manner set forth in the WIFIA
Loan Agreement.
All terms and conditions regarding payment of the WIFIA Bond shall be in a manner
consistent with the WIFIA Loan Agreement.
Section 6. Redemption. The City may redeem the WIFIA Bond in whole at any time
on or after the Final Disbursement Date, or in part on any January 1 or July 1 on or after the
Final Disbursement Date (not more than once per calendar year) in principal amounts of
$500,000 or any integral multiple of $1.00 in excess thereof to be determined by the City,
without penalty or premium, at the redemption price of principal plus accrued interest to the
date of redemption, and shall further include payment of all obligations of the City under the
WIFIA Loan Agreement in respect of the WIFIA Loan, including fees and expenses, then due
and payable, in accordance with and as further described in the WIFIA Loan Agreement. For
purposes of clarity, any reference to “prepayment” of the WIFIA Loan in the WIFIA Loan
Agreement shall be interpreted as a reference to “redemption” of the WIFIA Bond for
purposes of this Ordinance.
Section 7. Registration of WIFIA Bond; Persons Treated as Owner. The City shall
cause the Bond Register as provided in this Ordinance to be kept at the principal office
maintained for the purpose by the Bond Registrar in Yorkville, Illinois, which is hereby
constituted and appointed the registrar of the City for the WIFIA Bond. The WIFIA Bond may
be transferred or exchanged, but only in the manner, subject to the limitations, and upon
payment of the charges as set forth in this Ordinance. Upon surrender for transfer or exchange
of the WIFIA Bond at the principal office maintained for the purpose by the Bond Registrar,
duly endorsed by, or accompanied by a written instrument or instruments of transfer or
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exchange in form satisfactory to the Bond Registrar and duly executed by the registered owner
or an attorney for such owner duly authorized in writing, the City shall execute and the Bond
Registrar shall authenticate, date and deliver in the name of the transferee or transferees or, in
the case of an exchange, the registered owner, a new fully-registered WIFIA Bond. The
execution by the City of the fully-registered WIFIA Bond shall constitute full and due
authorization of the WIFIA Bond, and the Bond Registrar shall thereby be authorized to
authenticate, date and deliver the WIFIA Bond, provided, however, the principal amount of the
WIFIA Bond authenticated by the Bond Registrar in connection with any transfer or exchange
shall not the WIFIA Loan Balance.
The person in whose name the WIFIA Bond shall be registered shall be deemed and
regarded as the absolute owner thereof for all purposes, and payment of the principal of or
interest on the WIFIA Bond shall be made only to or upon the order of the registered owner
thereof or the legal representative of such owner. All such payments shall be valid and
effectual to satisfy and discharge the liability upon the WIFIA Bond to the extent of the sum
or sums so paid.
No service charge shall be made to any registered owner of the WIFIA Bond for any
transfer or exchange of the WIFIA Bond, but the City or the Bond Registrar may require
payment of a sum sufficient to cover any tax or other governmental charge that may be
imposed in connection with any transfer or exchange of the WIFIA Bond except in the case of
the issuance of a new WIFIA Bond for the unredeemed portion of the WIFIA Bond
surrendered for redemption. The WIFIA Bond may be sold in accordance with the WIFIA Loan
Agreement.
Section 8. Form of WIFIA Bond. The WIFIA Bond shall be in substantially the form
set forth in the WIFIA Loan Agreement.
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Section 9. Execution and Authentication of WIFIA Bond. The WIFIA Bond shall be
executed on behalf of the City by the manual or duly authorized facsimile signature of its
Mayor and attested by the manual or duly authorized signature of its City Clerk, as they may
determine, and shall be impressed or imprinted with the corporate seal or facsimile seal of the
City. In case any such officer whose signature shall appear on the WIFIA Bond shall cease to
be such officer before the delivery of same, such signature shall nevertheless be valid and
sufficient for all purposes, the same as if such officer had remained in office until delivery.
The WIFIA Bond shall have thereon a certificate of authentication, substantially in the form
provided, duly executed by the Bond Registrar as authenticating agent of the City and showing
the date of authentication. No WIFIA Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this Ordinance unless and until such certificate of
authentication shall have been duly executed by the Bond Registrar by manual signature, and
such certificate of authentication upon any such WIFIA Bond shall be conclusive evidence
that such WIFIA Bond has been authenticated and delivered under this Ordinance.
Section 10. Treatment of WIFIA Bond as Debt. The WIFIA Bond shall be payable
from the Pledged Moneys and does not constitute an indebtedness of the City within the
meaning of any constitutional provision or limitation, unless the Pledged Taxes shall be
extended pursuant to the general obligation, full faith and credit promise supporting the
WIFIA Bond, as set forth herein, in which case the amount of the WIFIA Loan Balance then
Outstanding shall be included in the computation of indebtedness of the City for purposes of
all statutory provisions or limitations until such time as an audit of the City shall show that the
WIFIA Bond has been paid from the Pledged Revenues for a complete Fiscal Year, in
accordance with the Debt Reform Act.
Section 11. Use of WIFIA Bond Proceeds. The proceeds derived from the sale of the
WIFIA Bond shall be deposited into a separate fund, hereby created, and designated as the
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“WIFIA Bond Project Fund” (the “Project Fund”), which fund is hereby irrevocably pledged
to the WIFIA Lender for its sole benefit. Amounts on deposit in the Project Fund from time to
time shall be used solely to pay Eligible Project Costs.
The City hereby creates a separate fund and account of the City designated as the
“WIFIA Expense Fund”, which fund is irrevocably pledged to the WIFIA Lender for its sole
benefit. The City shall deposit funds of the City on hand and lawfully available for such
purpose into the WIFIA Expense Fund for the purpose of paying the costs of issuance of the
WIFIA Bond.
Section 12. WIFIA Bond Fund. There is hereby created a special fund of the City,
which fund shall be held by the Paying Agent separate and apart from all other funds and
accounts of the City and shall be known as the “WIFIA Bond Alternate Bond Fund” (the “WIFIA
Bond Fund”), which fund is hereby irrevocably pledged to the WIFIA Lender and any
subsequent registered holder of the WIFIA Bond for its and their sole benefit and shall be used
only for the purpose of paying the principal of and interest on the WIFIA Bond. The purpose of
the WIFIA Bond Fund is to provide a fund to receive and disburse the Pledged Revenues and
Pledged Taxes for payment of the WIFIA Bond. All payments with respect to the WIFIA Bond
shall be made directly from the WIFIA Bond Fund. There are hereby created two accounts in the
WIFIA Bond Fund, designated the “Pledged Revenues Account” and the “Pledged Taxes
Account”. All Pledged Revenues to be applied to the payment of the WIFIA Bond shall be
deposited to the credit of the Pledged Revenues Account and all Pledged Taxes shall be
deposited to the credit of the Pledged Taxes Account. The WIFIA Bond Fund and its respective
accounts constitute a trust fund established for the purpose of carrying out the covenants, terms
and conditions imposed upon the City by this Ordinance.
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Any Pledged Taxes received by the City with respect to the WIFIA Bond shall promptly
be deposited into the WIFIA Bond Fund. Pledged Taxes on deposit to the credit of the Pledged
Taxes Account shall be fully spent to pay the principal of and interest on the WIFIA Bond for
which such taxes were levied and collected prior to use of any moneys on deposit in the Pledged
Revenues Account of the WIFIA Bond Fund. As described in Section 15 hereof, all Pledged
Revenues will be deposited into the Pledged Revenues Account on a monthly basis.
Section 13. Pledged Taxes; Tax Levy. For the purpose of providing necessary funds to
pay the principal of and interest on the WIFIA Bond, and as provided in Section 15 of the Debt
Reform Act, there is hereby levied upon all of the taxable property within the City, in the years
for which the WIFIA Bond is Outstanding, the Pledged Taxes set forth as Exhibit C hereto, the
same being a direct annual tax in amounts sufficient for that purpose.
Interest or principal coming due at any time when there are insufficient funds on hand
from the Pledged Moneys to pay the same shall be paid promptly when due from current funds
on hand in advance of the collection of the Pledged Moneys herein pledged and levied; and when
the Pledged Moneys shall have been collected, reimbursement shall be made to said funds in the
amount so advanced.
Subject to the provisions of Section 19 hereof, the City covenants and agrees with the
purchaser and the owner of the WIFIA Bond that so long as the WIFIA Bond remains
Outstanding, the City will take no action or fail to take any action which in any way would
adversely affect the ability of the City to collect the Pledged Revenues or to levy and collect the
Pledged Taxes. The City and its officers will comply with all present and future applicable laws
in order to assure that the Pledged Revenues will be available and that the Pledged Taxes will be
levied, extended and collected as provided herein and deposited into the WIFIA Bond Fund.
Pledged Taxes on deposit to the credit of the WIFIA Bond Fund shall be fully spent to pay the
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principal of and interest on the WIFIA Bond for which such taxes were levied and collected prior
to use of any other moneys on deposit in the WIFIA Bond Fund.
After the final Advance is made and the Repayment Schedule is determined as set forth
in Section 5 of this Ordinance and the WIFIA Loan Agreement, to the extent that the Pledged
Taxes levied above and set forth as Exhibit C hereto exceed the amount necessary to pay debt
service on the WIFIA Bond, each of the Designated Officers is hereby authorized to direct the
abatement of such Pledged Taxes to the extent of the excess of such levy in each year over the
amount necessary to pay debt service on the WIFIA Bond in the following bond year. Proper
notice of such abatement shall be filed with the County Clerk in a timely manner to effect such
abatement.
Section 14. Continuation of Water Fund and Accounts Thereof. Upon the issuance of
the WIFIA Bond, the System shall continue to be operated on a Fiscal Year basis. All of the
Gross Revenues shall be set aside as collected and be deposited into a separate fund and in an
account in a bank designated by the Corporate Authorities, which fund has heretofore been
created and is hereby expressly continued and designated as the “Water Fund” (the “Water
Fund”) of the City, which shall constitute a trust fund for the purpose, among others, of
carrying out the covenants, terms, and conditions of the Prior Alternate Bond Ordinances, this
Ordinance and any Future System Obligation Ordinances, and shall be used only in paying
Operation and Maintenance Expenses, providing an adequate depreciation fund, paying the
principal of and interest on all bonds and other indebtedness of the City which by their terms
are payable from the Net Revenues, providing for the continuation or establishment of and
expenditure from the respective accounts as hereinafter described, and for such other System-
related purposes as may be provided by law and contract. In addition to the Gross Revenues,
the revenues received from the collection of the Places for Eating Tax shall be deposited into
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the Water Fund and credited thereto on or before the first (1st) day of each month by the
Treasurer.
Section 15. Flow of Funds in Water Fund. There shall be and there are hereby
continued or created, as the case may be, separate accounts in the Water Fund to be known as
the “Operation and Maintenance Account,” the “System Obligation Bond and Interest
Account” (originally referred to as the Alternate Bond and Interest Account (Water) under the
Series 2025A Bond Ordinance), the “Depreciation Account,” the “Places for Eating Tax
Account,” and the “Surplus Account” (originally referred to as the Surplus Account (2025A)
under the Series 2025A Bond Ordinance), to which there shall be credited on or before the
first (1st) day of each month by the Treasurer, without any further official action or direction,
in the order in which said accounts are hereinafter mentioned, all moneys held in the Water
Fund, in accordance with the following provisions:
(a) Operation and Maintenance Account: There shall be deposited and credited to or
retained in the Operation and Maintenance Account an amount sufficient, when added to the
amount then on deposit in said Account, to establish or maintain a balance to an amount not
less than the amount considered necessary to pay Operation and Maintenance Expenses for the
then current and the next succeeding month.
(b) System Obligation Bond and Interest Account: There next shall be deposited and
credited to the System Obligation Bond and Interest Account and held, in cash and
investments, in each month a fractional amount of the interest becoming due on the next
succeeding interest payment date on all Outstanding Parity Obligations and also a fractional
amount of the principal becoming due on the next succeeding principal maturity date of all of
the Outstanding Parity Obligations. Such respective fractional amounts in the System
Obligation Bond and Interest Account will then be immediately transferred to the separate bond
funds for each series of Outstanding Parity Obligations including, with respect to the WIFIA
Bond, the Pledged Revenues Account of the WIFIA Bond Fund. Such deposits shall be made into
the System Obligation Bond and Interest Account until there shall have been accumulated and
held, in cash and investments, in the System Obligation Bond and Interest Account on or
before the last day of the month preceding such payment date of interest or maturity date of
principal, an amount sufficient to pay such principal or interest, or both, of all Outstanding
Parity Obligations. Pursuant to Section 15(d), funds in the Places for Eating Tax Account shall
be transferred to the System Obligation Bond and Interest Account from time to time in such
amounts as the City may deem necessary for the purpose of paying principal or interest, or
both, on any interest payment date or maturity date of principal on all Outstanding System
Obligations payable from the Pledged Revenues. If on any occasion there shall not be
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sufficient Pledged Revenues to make the required deposits into the System Obligation Bond
and Interest Account for any Outstanding Parity Obligations, then such available Pledged
Revenues shall be applied pro rata to any such required deposits and any such deficiency shall
be made up as soon as possible from the next available Pledged Revenues, or from any other
source available for such purpose.
In computing the fractional amount to be set aside each month in the System
Obligation Bond and Interest Account, the fraction shall be so computed that sufficient funds
will be set aside in said Account (i) in order to abate the Pledged Taxes in accordance with the
provisions of this Ordinance, and (ii) be available for the prompt payment of such principal of
and interest on all Outstanding Parity Obligations as will become due and shall be not less
than one-fifth of the interest becoming due on the next succeeding interest payment date and
not less than one-tenth of the principal becoming due on the next succeeding principal
payment date on all Outstanding Parity Obligations until there is sufficient money in said
Account to pay such principal or interest, or both.
Credits or deposits to the System Obligation Bond and Interest Account may be
suspended in any Fiscal Year at such time as there shall be a sufficient sum, held in cash and
investments, in said Account to meet principal and interest requirements of such Outstanding
System Obligations for the balance of such Fiscal Year, but such credits or deposits shall again
be resumed at the beginning of the next Fiscal Year.
All moneys in the System Obligation Bond and Interest Account shall be used only for
the purpose of paying interest on and principal of Outstanding Parity Obligations.
Pledged Taxes on deposit in the Pledged Taxes Account of the WIFIA Bond Fund shall
be fully spent to pay the principal of and interest on the WIFIA Bond for which such taxes
were levied and collected prior to use of any other moneys on deposit in the System
Obligation Bond and Interest Account. Pledged Taxes on deposit in the Pledged Taxes
Account of the WIFIA Bond Fund shall only be used to pay the principal of and interest on the
WIFIA Bond for which such taxes were levied and collected.
(c) Depreciation Account: There shall be deposited in and credited to the
Depreciation Account in each month after the required payments have been made into the
accounts described above, such amounts as the City may deem necessary in order to provide
an adequate depreciation for the System.
Amounts to the credit of the Depreciation Account shall be used for (i) the payment of
the cost of extraordinary maintenance, necessary repairs and replacements, or contingencies,
the payment for which no other funds are available, in order that the System may at all times
be able to render efficient service, and (ii) the payment of principal of or interest on any
Outstanding System Obligations at any time when there are no other funds available for that
purpose in order to prevent a default and shall be transferred to the System Obligation Bond
and Interest Account or an IEPA Loan Account, as applicable, for such purpose.
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Whenever an amount is withdrawn from the Depreciation Account for the purpose
stated in clause (ii) of the preceding paragraph, the amount so transferred shall be added to the
amount to be next and thereafter credited to said Depreciation Account until full
reimbursement to the Depreciation Account has been made. Each expenditure to be made
from the Depreciation Account for a purpose stated in clause (i) of the preceding paragraph
shall be made only after a registered professional engineer employed for that purpose has
certified that such expenditure is necessary to the continued effective and efficient operation
of the System.
(d) Places for Eating Tax Account: There shall be deposited into and credited to the
Places for Eating Tax Account in each month the collections from the Places for Eating Tax.
Amounts in the Places for Eating Tax Account shall be used only for the purpose of paying
principal or interest, or both, on any interest payment date or maturity date of principal on any
Outstanding System Obligations payable from the Pledged Revenues, and shall be transferred
to the System Obligation Bond and Interest Account from time to time in such amounts as the
City may deem necessary for such purpose.
(e) Surplus Account: At the end of the Fiscal Year, all moneys remaining in the
Water Fund, after crediting the required amounts to the respective accounts hereinabove
provided for, and after making up any deficiency in the accounts described in subsections (a)
to (c), inclusive, shall be credited to the Surplus Account. Funds in the Surplus Account shall
(A) be used first to make up any subsequent deficiencies in any of the accounts hereinabove
named as the City may deem necessary and (B) then, at the discretion of the Corporate
Authorities, shall be used for one or more of the following purposes without any priority
among them:
(1) For the purpose of making transfers to the Water Fund generally to be applied
and treated as Net Revenues when transferred; or
(2) For the purpose of constructing or acquiring repairs, replacements, renewals,
improvements or extensions to the System; or
(3) For the purpose of calling and redeeming Outstanding System Obligations which
are callable at the time; or
(4) For the purpose of purchasing Outstanding System Obligations at the time at a
price of not to exceed par and accrued interest to the date of purchase and the then applicable
redemption premium, if any, thereon; or
(5) For the purpose of paying principal of and interest on any subordinate bonds or
obligations issued for the purpose of acquiring or constructing repairs, replacements, renewals,
improvements and extensions to the System; or
(6) For any other lawful System purpose.
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(f) Investments. Money to the credit of the Water Fund prior to the monthly
accounting and to the credit of the Operations and Maintenance Account may be invested
pursuant to any authorization granted to municipal corporations by Illinois statute or court
decision. All interest on any funds so invested may be credited to the Water Fund and is
hereby deemed and allocated as expended with the next expenditure(s) of money from the
Water Fund, or may be credited to the account for which the investment was made.
(g) Future System Obligation Ordinances. The Corporate Authorities may, at their
discretion, adopt Future System Obligation Ordinances which create additional accounts in the
Water Fund for the payment and security of water revenue bonds. Amounts in the Water Fund
shall be credited to and transferred from said accounts in accordance with the terms of such
Future System Obligation Ordinances, subject to Section 16(d) below.
Section 16. Additional Bonds, Subordinate System Obligations and Future System
Obligation Ordinances. Notwithstanding anything in this Ordinance to the contrary but
subject to the terms of the WIFIA Loan Agreement, the City reserves the right to:
(a) issue Additional Bonds from time to time payable from the Pledged Revenues,
and any such Additional Bonds shall share ratably and equally in the Pledged Revenues with
the Prior Alternate Bonds and the WIFIA Bond; provided, however, that no Additional Bonds
shall be issued except in accordance with the provisions of the Debt Reform Act as the Debt
Reform Act is written at this time and demonstrating that the coverage required under the
Debt Reform Act for the issuance of alternate bonds payable from the Pledged Revenues shall
have been met for the Outstanding System Obligations;
(b) issue Additional IEPA Loans from time to time payable from the Pledged
Revenues, and any such Additional IEPA Loans may either be subordinate to or share ratably
and equally in the Pledged Revenues with the Prior Alternate Bonds, the WIFIA Bond, and
the Additional Bonds, except that any Additional IEPA Loans issued or incurred on a parity
with the WIFIA Bond shall be subject to clause (a) of this Section and the requirements of the
WIFIA Loan Agreement;
(c) issue revenue bonds from time to time payable from the Pledged Revenues that
are subordinate to the Prior Alternate Bonds, the WIFIA Bond, the Additional Bonds, the
IEPA Loans and Additional IEPA Loans, and are payable from the money remaining in the
Surplus Account after making required deposits into the System Obligation Bond and Interest
Account; and
(d) adopt Future System Obligation Ordinances to provide for the funding of
accounts in the Water Fund having a prior and superior lien on the Pledged Revenues to the
lien of the System Obligation Bond and Interest Account. Such accounts may include an
account or a series of accounts for the payment of and reserves for the WIFIA Bond, the
Additional Bonds, the IEPA Loans, the Additional IEPA Loans or other obligations of the
City payable from the Pledged Revenues; operating reserve accounts; renewal, replacement,
depreciation, emergency reserve and the like accounts; rate stabilization and like accounts; or
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capital project accounts. Any such Future System Obligation Ordinances, or if not applicable,
future ordinances of the City, may provide for the Prior Alternate Bonds and the WIFIA Bond
(and Additional Bonds) to be payable from such other or renamed account of the fund or funds
related to the System as may be therein described, provided, however, that, in all events, the
covenant to provide sufficient Pledged Revenues accumulating as herein provided shall
continue to be met and, except with respect to the Operation and Maintenance Account and
the payment of Operation and Maintenance Expenses, nothing in this Section 16(d) shall be
construed to authorize the City to provide for the establishment or funding of accounts in the
Water Fund having a lien on the Pledged Revenues that is prior or superior to the lien on the
Pledged Revenues in favor of the WIFIA Bond.
Section 17. General Covenants Regarding the System. The City covenants and
agrees with the owners of the Outstanding System Obligations, so long as there are any
Outstanding System Obligations, as follows:
(a) The City will maintain the System in good repair and working order, will
operate the same efficiently and faithfully, and will punctually perform all duties with respect
thereto required by the Constitution and laws of the State and of the United States of America.
(b) The City will establish and maintain at all times reasonable fees, charges and
rates for the use and service of the System, and will provide for the collection thereof and the
segregation and application of the revenues of the System in the manner provided by this
Ordinance, sufficient at all times to pay Operation and Maintenance Expenses, to provide an
adequate depreciation fund, to pay the principal of and interest on all System Obligations, and
to provide for the creation and maintenance of the respective accounts as provided in this
Ordinance; provided, however, that the City need not charge itself for such services if in the
previous Fiscal Year, Pledged Revenues, not including any payments made by the City, shall
have met the requirements of this Ordinance.
(c) There shall be charged against all users of the System such rates and amounts for
water services as shall be adequate to meet the requirements of this subsection.
(d) Whenever the coverage requirement in Section 18(a) is not achieved or Pledged
Taxes are extended and collected as provided in this Ordinance, the City covenants to have
prepared as soon as practicable a rate and management study for the System by an
independent engineer or consultant (experienced with respect to the System) employed for that
purpose.
(e) The City from time to time will make all needful and proper repairs,
replacements, additions, and betterments to the System so that it may at all times be operated
properly and advantageously; and when any necessary equipment or facility shall have been
worn out, destroyed, or otherwise is insufficient for proper use, it shall be promptly replaced
so that the value and efficiency of the System shall be at all times fully maintained.
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(f) The City will establish such rules and regulations for the control and operation
of the System necessary for the safe, lawful, efficient and economical operation thereof.
(g) The City will make and keep proper books and accounts (separate and apart
from all other records and accounts of said City), in which complete entries shall be made of
all transactions relating to the System, and hereby covenants that within ninety (90) days
following the close of each Fiscal Year, it will cause the books and accounts of the System to
be audited by independent certified public accountants. Said audit will be available for
inspection by the holder of the WIFIA Bond. Each such audit, in addition to whatever matters
may be thought proper by the accountants to be included therein, shall, without limiting the
generality of the foregoing, include the following:
(i) A statement in detail of income and expenditures of the System for such
Fiscal Year.
(ii) A balance sheet as of the end of such Fiscal Year, including a statement
of the amount held in each of the accounts of the Water Fund.
(iii) A list of all insurance policies in force at the end of the Fiscal Year,
setting out as to each policy the amount of the policy, the risks covered, the name of the
insurer, and the expiration date of the policy.
(iv) The number of System customers and users served by the System at the
end of the Fiscal Year, the quantity of water supplied by the System and a summary of
rates in effect at the end of such Fiscal Year for services of the System and any changes
in such rates effective during such Fiscal Year.
(v) The accountant’s comment regarding the manner in which the City has
carried out the accounting requirements of this Ordinance, and the accountant’s
recommendations for any changes or improvements in the operation of the System.
(h) The City will keep the books and accounts for the System in accordance with
generally accepted fund reporting practices for municipal enterprise funds; provided, however,
that the monthly credits to the System Obligation Bond and Interest Account, the IEPA Loan
Account and the Depreciation Account shall be in cash and said funds shall be held separate
and apart in cash and investments. For the purpose of determining whether sufficient cash and
investments are on deposit in such accounts under the terms and requirements of this
Ordinance, investments shall be valued at the lesser of cost or the market price on the
valuation date thereof, which valuation date shall be not less frequently than annually.
(i) The City will take no action in relation to the System which would unfavorably
affect the security of the Outstanding System Obligations or the prompt payment of the
principal and interest thereon. Any amounts received from the sale of property of the System
shall be deposited to the credit of the Depreciation Account.
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(j) Any holder of the WIFIA Bond may proceed by civil action to compel
performance of all duties required by law and this Ordinance, including the making and
collecting of sufficient charges and rates for the services supplied by the System and the
application of the income and revenue therefrom.
(k) The City will carry insurance on the System of the kinds and in the amounts
which are usually carried by private parties operating similar properties, covering such risks as
shall be recommended by a competent consulting engineer or insurance consultant employed
by the City for the purpose of making such recommendations. All moneys received for loss
under such insurance policies shall be deposited into the Depreciation Account and used in
making good the loss or damage in respect of which they were paid, either by repairing the
property damaged or making replacement of the property destroyed, or for other necessary
capital improvements and provision for making good such loss or damage shall be made
within ninety (90) days from the date of the loss. The payment of premiums for all insurance
policies required under the provisions of this covenant shall be considered an Operation and
Maintenance Expense. The proceeds derived from any and all policies for workers’
compensation or public liability shall be paid into the Operation and Maintenance Account
and used in paying the claims on account of which they were received.
(l) The City covenants, to the extent permitted by law, that the City will not grant a
franchise or other rights for the operation of any competing water system within the City or
the area served by the System.
(m) Upon request, the City will provide annual financial statements, including the
comprehensive annual financial report, if one is prepared, to any holder of the WIFIA Bond
and the Outstanding System Obligations.
Section 18. General Covenants Regarding the WIFIA Bond. The City covenants and
agrees with the owner of the WIFIA Bond, so long as the WIFIA Bond remains Outstanding,
as follows:
(a) For the purpose of providing funds required to pay the interest on the WIFIA
Bond promptly when and as the same falls due, and to pay and discharge the principal thereof
at maturity, the City covenants and agrees with the owner of the WIFIA Bond that the City
will deposit the Pledged Revenues into the Water Fund. The Pledged Revenues are hereby
pledged to the payment of the WIFIA Bond and the City covenants and agrees to provide for,
budget, collect and apply the Pledged Revenues to the payment of the WIFIA Bond and the
provision of not less than an additional .25 times debt service, all in accordance with Section
15 of the Debt Reform Act and the terms of the WIFIA Loan Agreement.
(b) The City will punctually pay or cause to be paid from the System Obligation
Bond and Interest Account and from the WIFIA Bond Fund the principal and interest to
become due in respect to the WIFIA Bond in strict conformity with the terms of the WIFIA
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Bond, this Ordinance and the WIFIA Loan Agreement, and it will faithfully observe and
perform all of the conditions, covenants and requirements thereof and hereof.
(c) The City will pay and discharge, or cause to be paid and discharged, from the
System Obligation Bond and Interest Account and the WIFIA Bond Fund any and all lawful
claims which, if unpaid, might become a lien or charge upon the Pledged Moneys, or any part
thereof, or upon any funds in the hands of the Bond Registrar, or which might impair the
security of the WIFIA Bond. Nothing contained herein shall require the City to make any such
payment so long as the City in good faith shall contest the validity of said claims.
(d) The City will adopt a budget and approve appropriations for the Water Fund
prior to the beginning of each Fiscal Year, subject to all applicable State laws, providing for
the payment of all sums to be due in such Fiscal Year so as to comply with the terms of this
Ordinance. The budget may include in its estimate of income the use of available surplus
moneys or other funds of the City appropriated for such purposes. If during such Fiscal Year
there are extraordinary receipts or payments of unusual cost, the City will adopt an amended
budget for the remainder of such Fiscal Year, providing for receipts or payments pursuant
hereto.
(e) The City will preserve and protect the security of the WIFIA Bond and the rights
of the registered owner of the WIFIA Bond, and will warrant and defend its rights against all
claims and demands of all persons. From and after the sale and delivery of the WIFIA Bond
by the City, the WIFIA Bond shall be incontestable by the City.
(f) The City will adopt, make, execute and deliver any and all such further
ordinances, resolutions, instruments and assurances as may be reasonably necessary or proper
to carry out the intention of, or to facilitate the performance of, this Ordinance, and for the
better assuring and confirming unto the registered owner of the WIFIA Bond of the rights and
benefits provided herein.
(g) As long as the WIFIA Bond is Outstanding, the City will take no action or fail to
take any action which in any way would adversely affect the ability of the City to levy the
Pledged Taxes and to collect and to segregate the Pledged Revenues and the Pledged Taxes.
The City and its officers will comply with all present and future applicable laws in order to
assure that the Pledged Taxes can be levied and extended and that the Pledged Moneys may be
collected and deposited as provided in this Ordinance.
(h) Once issued, the WIFIA Bond shall be and forever remain until paid in full the
general obligation of the City, for the payment of which its full faith and credit are pledged,
and shall be payable, in addition to the Pledged Revenues, from the levy of the Pledged Taxes
as provided in the Debt Reform Act. The full faith and credit of the City are hereby pledged for
the payment of all such amounts of the WIFIA Bond and under the other WIFIA Loan Documents
(as defined in the WIFIA Loan Agreement).
Section 19. Abatement of Pledged Taxes. Whenever the Corporate Authorities shall
have determined that in any year the Pledged Revenues have been deposited into the WIFIA Bond
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Fund in an amount sufficient to pay 100% of the debt service on the WIFIA Bond, so as to enable the
abatement of the Pledged Taxes levied for the same, the Corporate Authorities shall direct the
abatement of the Pledged Taxes to the extent such Pledged Taxes relate to the debt service paid or to
be paid by the Pledged Revenues in the WIFIA Bond Fund. Proper notification of such abatement
shall be filed with the County Clerk in a timely manner to effect such abatement.
Section 20. Filing with County Clerk. Promptly, as soon as this Ordinance becomes
effective and the final terms of the WIFIA Bond are set forth in the WIFIA Loan Agreement, a
copy of this Ordinance, as certified by the City Clerk, shall be filed with the County Clerk;
and said County Clerk shall in and for each of the levy years as provided herein ascertain the
rate percent required to produce the aggregate Pledged Taxes hereinbefore provided to be
levied in each of said years; and said County Clerk shall extend the same for collection on the
tax books in connection with other taxes levied in said years in and by the City for general
corporate purposes of the City; and the County Clerk, or other appropriate officer or designee,
shall remit the Pledged Taxes for deposit to the credit of the WIFIA Bond Fund, and in said
years the Pledged Taxes shall be levied and collected by and for and on behalf of the City in
like manner as taxes for general corporate purposes for said years are levied and collected,
and in addition to and in excess of all other taxes. The Pledged Taxes are hereby irrevocably
pledged to the WIFIA Lender and any subsequent registered holder of the WIFIA Bond and
shall be used only for the purpose of paying principal of and interest on the WIFIA Bond.
Section 21. Defeasance of WIFIA Bond. The WIFIA Bond is not subject to defeasance.
Section 22. Duties of Bond Registrar. If requested by the Bond Registrar or the
Paying Agent, or both, any Designated Officer is authorized to execute the Bond Registrar’s
standard form of agreement between the City and the Bond Registrar or Paying Agent with
respect to the obligations and duties of the Bond Registrar hereunder which may include the
following:
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(a) to act as bond registrar, paying agent, authenticating agent and transfer
agent as provided herein;
(b) to maintain a list of the bondholders as set forth herein and to furnish such
list to the City upon request, but otherwise to keep such list confidential;
(c) to give notice of redemption of the WIFIA Bond as provided herein;
(d) to cancel and/or destroy the WIFIA Bond which have been paid at
maturity or upon earlier redemption or submitted for exchange or transfer;
(e) to furnish the City at least annually a certificate with respect to the
cancelled and/or destroyed WIFIA Bond; and
(f) to furnish the City at least annually an audit confirmation of the principal
amount of the WIFIA Bond paid, the principal amount of the WIFIA Bond Outstanding and
payments made with respect to interest on the WIFIA Bond.
Section 23. Provisions a Contract. The provisions of this Ordinance shall constitute
a contract between the City and the owner of the WIFIA Bond and no changes, additions, or
alterations of any kind shall be made hereto, except as herein provided, so long as the WIFIA
Bond is Outstanding. No consent or waiver, express or implied, to or of any breach or default
in the performance of any obligation under this Ordinance shall constitute a consent or waiver
to or of any other breach or default in the performance of the same or any other obligation.
Section 24. Severability. If any section, paragraph, clause or provision of this
Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision
shall not affect any of the other provisions of this Ordinance.
Section 25. Repealer. All ordinances, resolutions or orders, or parts thereof, in
conflict with the provisions of this Ordinance are to the extent of such conflict hereby
repealed.
Section 26. Effective Date. This Ordinance shall be in full force and effect forthwith
and immediately upon its passage.
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Passed by the Corporate Authorities on January 13, 2026 by a roll call vote as follows:
AYES:
NAYS:
ABSENT:
UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
By:
Mayor
APPROVED this 13th day of January, 2026.
Attest:
City Clerk
EXHIBIT A
FORM OF WIFIA LOAN AGREEMENT
See attached
EXHIBIT B
FORM OF WIFIA TERM SHEET
See attached
EXHIBIT C
PLEDGED TAXES
FOR THE YEAR A TAX TO PRODUCE THE SUM OF:
2026 $11,000,000 for interest and principal
2027 $11,000,000 for interest and principal
2028 $11,000,000 for interest and principal
2029 $11,000,000 for interest and principal
2030 $11,000,000 for interest and principal
2031 $11,000,000 for interest and principal
2032 $11,000,000 for interest and principal
2033 $11,000,000 for interest and principal
2034 $11,000,000 for interest and principal
2035 $11,000,000 for interest and principal
2036 $15,000,000 for interest and principal
2037 $15,000,000 for interest and principal
2038 $15,000,000 for interest and principal
2039 $15,000,000 for interest and principal
2040 $15,000,000 for interest and principal
2041 $15,000,000 for interest and principal
2042 $15,000,000 for interest and principal
2043 $15,000,000 for interest and principal
2044 $15,000,000 for interest and principal
2045 $15,000,000 for interest and principal
2046 $15,000,000 for interest and principal
2047 $15,000,000 for interest and principal
2048 $15,000,000 for interest and principal
2049 $15,000,000 for interest and principal
2050 $17,000,000 for interest and principal
2051 $17,000,000 for interest and principal
2052 $17,000,000 for interest and principal
2053 $17,000,000 for interest and principal
2054 $17,000,000 for interest and principal
2055 $17,000,000 for interest and principal
2056 $18,000,000 for interest and principal
2057 $18,000,000 for interest and principal
2058 $18,000,000 for interest and principal
2059 $18,000,000 for interest and principal
2060 $18,000,000 for interest and principal
2061 $18,000,000 for interest and principal
2062 $18,000,000 for interest and principal
2063 $18,000,000 for interest and principal
MINUTES of a regular public meeting of the City Council
of the United City of Yorkville, Kendall County, Illinois,
held at the City Council Chambers of the City Hall, located
at 651 Prairie Pointe Drive, Yorkville, Illinois, in said City
at 7 o’clock P.M., on the 13th day of January, 2026.
* * *
The Mayor called the meeting to order and directed the City Clerk to call the roll.
Upon roll call, the Mayor and the following Aldermen answered present at said location:
The following were absent
The Mayor announced that the next item of business before the City Council was the
consideration of an ordinance authorizing the issuance by the City of a not to exceed
$170,000,000 general obligation alternate revenue bond pursuant to the Local Government Debt
Reform Act in evidence of a Loan Agreement between the City and the United States Environmental
Protection Agency, and providing for the execution of said Loan Agreement and related documents,
and that, in order to provide funds for the purpose of improvements to the City’s water system,
the City Council would consider the adoption of an ordinance providing for the issue of said bond,
the pledge of certain revenues to the payment of said bond and the levy of a direct annual tax
sufficient to pay the principal and interest on said bond if said pledged revenues are insufficient to
make such payment. Thereupon, Alderman presented, and there was made available to
the Aldermen and interested members of the public the following ordinance (the “WIFIA
Ordinance”):
AN ORDINANCE of the United City of Yorkville, Kendall
County, Illinois authorizing the borrowing of an aggregate
principal amount of not to exceed $170,000,000 from the
United States Environmental Protection Agency for the
purpose of paying eligible costs of enhancing the City’s
water delivery system; authorizing and providing for the
execution and delivery of a WIFIA Loan Agreement and
WIFIA Term Sheet relating to such loan; authorizing and
providing for the issuance of a general obligation alternate
revenue bond in evidence of such borrowing; providing for
the imposition of taxes to pay the same and for the
collection, segregation and distribution of the net revenues
derived by the City from its water delivery system for the
payment of said bond; authorizing the issuance of the bond
to the United States Environmental Protection Agency;
authorizing the establishment of a bond fund and accounts
therein for the payment of such bond; and authorizing
certain related actions in connection with the issuance of
such bond.
Alderman moved and Alderman seconded the
motion that the WIFIA Ordinance as presented be adopted.
A City Council discussion of the matter followed. During the City Council discussion,
the Mayor gave a public recital of the nature of the matter, which included a reading of the
title of the WIFIA Ordinance and statements that (i) the WIFIA Ordinance provided for the
issuance of an alternate bond in evidence of such WIFIA Loan Agreement for the purpose of
providing funds for certain improvements to the City’s water system, (ii) such bond is
issuable without referendum pursuant to the Illinois Municipal Code, as amended, and the
Local Government Debt Reformed Act, as amended, (iii) the WIFIA Ordinance provides for
the levy of taxes to pay the bond, although the intent of the City is that the bond will be paid
from the revenues described in the WIFIA Ordinance, and (iv) the WIFIA Ordinance provides
certain details for the bond.
After a full and complete discussion thereof, the Mayor directed that the roll be called
for a vote upon the motion to adopt the WIFIA Ordinance.
Upon the roll being called, the following Aldermen:
voted AYE, and the following Aldermen:
voted NAY.
Whereupon the Mayor declared the motion carried and the WIFIA Ordinance adopted
and approved and signed the same in open meeting 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.
Other business not pertinent to the adoption of said ordinance was duly transacted at
said meeting.
Upon motion duly made and seconded, the meeting was adjourned.
City Clerk, United City of
Yorkville, Kendall County,
Illinois
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
CERTIFICATION OF ORDINANCE AND MINUTES
I, the undersigned, do hereby certify that I am the duly qualified and acting 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 constitutes a full, true and complete transcript of
the minutes of the meeting of the City Council held on the 13th day of January, 2026, insofar
as same relates to the adoption of Ordinance No. 2026 - entitled:
AN ORDINANCE of the United City of Yorkville, Kendall County, Illinois
authorizing the borrowing of an aggregate principal amount of not to exceed
$170,000,000 from the United States Environmental Protection Agency for the
purpose of paying eligible costs of enhancing the City’s water delivery system;
authorizing and providing for the execution and delivery of a WIFIA Loan
Agreement and WIFIA Term Sheet relating to such loan; authorizing and
providing for the issuance of a general obligation alternate revenue bond in
evidence of such borrowing; providing for the imposition of taxes to pay the
same and for the collection, segregation and distribution of the net revenues
derived by the City from its water delivery system for the payment of said
bond; authorizing the issuance of the bond to the United States Environmental
Protection Agency; authorizing the establishment of a bond fund and accounts
therein for the payment of such bond; and authorizing certain related actions in
connection with the issuance of such bond,
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 taken 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
said meeting was called and held in strict accordance with the provisions of the Illinois
Municipal Code, as amended, and the Open Meetings Act of the State of Illinois, as amended,
and that the City Council has complied with all of the applicable provisions of said Code and
said Act and its procedural rules in the adoption of said ordinance.
IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the
City this day of January, 2026.
Clerk, United City of Yorkville,
(SEAL) Kendall County, Illinois
3964889.6 047899 CTR
WIFIA CUSIP Number: 987354 BL0
UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
WIFIA LOAN AGREEMENT
For Up to $170,000,0001
With
UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS
For the
YORKVILLE WATERLINK PROJECT
(WIFIA ID – N22149IL)
Dated as of [___], 2026
i
3964889.6 047899 CTR
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS AND INTERPRETATION ................................................................2
Section 1. Definitions....................................................................................................2
Section 2. Interpretation ..............................................................................................16
ARTICLE II THE WIFIA LOAN..................................................................................................18
Section 3. WIFIA Loan Amount .................................................................................18
Section 4. Disbursement Conditions ...........................................................................18
Section 5. Term ...........................................................................................................18
Section 6. Interest Rate ...............................................................................................18
Section 7. Security and Priority; Flow of Funds. ........................................................19
Section 8. Repayments ................................................................................................19
Section 9. Prepayment ................................................................................................21
Section 10. Fees and Expenses .....................................................................................22
ARTICLE III CONDITIONS PRECEDENT ................................................................................24
Section 11. Conditions Precedent .................................................................................24
ARTICLE IV REPRESENTATIONS AND WARRANTIES ......................................................27
Section 12. Representations and Warranties of Borrower ............................................27
Section 13. Representations and Warranties of WIFIA Lender ...................................33
ARTICLE V COVENANTS..........................................................................................................33
Section 14. Affirmative Covenants ...............................................................................33
Section 15. Negative Covenants ...................................................................................38
Section 16. Reporting Requirements ............................................................................40
ARTICLE VI EVENTS OF DEFAULT AND REMEDIES .........................................................40
Section 17. Events of Default and Remedies ................................................................40
ARTICLE VII MISCELLANEOUS ..............................................................................................43
Section 18. Disclaimer of Warranty..............................................................................43
Section 19. No Personal Recourse ................................................................................43
Section 20. No Third-Party Rights................................................................................43
Section 21. Borrower’s Authorized Representative......................................................43
Section 22. WIFIA Lender’s Authorized Representative .............................................43
Section 23. Servicer ......................................................................................................43
Section 24. Amendments, Waivers and Termination ...................................................44
Section 25. Governing Law ..........................................................................................44
Section 26. Severability ................................................................................................44
Section 27. Successors and Assigns..............................................................................44
Section 28. Remedies Not Exclusive ............................................................................44
Section 29. Delay or Omission Not Waiver..................................................................44
Section 30. Counterparts; Electronic Signatures ..........................................................44
Section 31. Notices .......................................................................................................45
Section 32. Indemnification ..........................................................................................46
Section 33. Sale of WIFIA Loan...................................................................................47
Section 34. Effectiveness ..............................................................................................47
Section 35. Release of Lien ..........................................................................................47
Section 36. Survival ......................................................................................................47
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3964889.6 047899 CTR
Section 37. Integration ..................................................................................................47
Schedules Exhibits
SCHEDULE I – WIFIA Loan Specific Terms EXHIBIT A – Form of WIFIA Bond
SCHEDULE II – Project Details EXHIBIT B – Form of Closing Certificate
SCHEDULE III – Borrower Disclosures EXHIBIT C – Form of Public Benefits Report
SCHEDULE IV – Requisition Procedures EXHIBIT D – Form of Requisition
SCHEDULE V – Reporting Requirements
SCHEDULE VI – WIFIA Loan Amortization Schedule
EXHIBIT E – Form of Certification of Eligible Project Costs
Documentation
EXHIBIT F – Form of Construction Monitoring Report
EXHIBIT G – Form of Certificate of Substantial Completion
EXHIBIT H-1 – Opinions Required from General Counsel to
Borrower
EXHIBIT H-2 – Opinions Required from Bond Counsel to
Borrower
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3964889.6 047899 CTR
WIFIA LOAN AGREEMENT
THIS WIFIA LOAN AGREEMENT (this “Agreement” or the “WIFIA Loan
Agreement”), dated as of the Effective Date, is by and between the Borrower (as defined herein)
and the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, an agency of the
United States of America (“EPA”), acting by and through the Administrator of the Environmental
Protection Agency (the “Administrator”), with an address at 1200 Pennsylvania Avenue NW,
Washington, DC 20460 (the “WIFIA Lender”).
RECITALS:
WHEREAS, the Congress of the United States of America enacted the Water Infrastructure
Finance and Innovation Act, § 5021 et seq. of Public Law 113-121, as amended by Section 1445
of the Fixing America’s Surface Transportation Act of 2015, as further amended by Section 5008
of the Water Infrastructure Improvements for the Nation Act of 2016, Section 4201 of America’s
Water Infrastructure Act of 2018, and by Sections 50214 and 50215 of the Infrastructure
Investment and Jobs Act of 2021 (collectively, as the same may be amended from time to time,
the “Act” or “WIFIA”), which is classified at 33 U.S.C. §§ 3901-3915;
WHEREAS, the Act authorizes the WIFIA Lender to enter into agreements to provide
financial assistance with one or more eligible entities to make secured loans with appropriate
security features to finance a portion of the eligible costs of projects eligible for assistance;
WHEREAS, the Borrower has requested that the WIFIA Lender make the WIFIA Loan (as
defined herein) in a principal amount not to exceed the Maximum Principal Amount (as defined
herein) to be used to pay a portion of the Eligible Project Costs (as defined herein) pursuant to the
Application (as defined herein);
WHEREAS, pursuant to the WIFIA Term Sheet (as defined herein), the Administrator has
approved WIFIA financial assistance for the Project (as defined herein) to be provided in the form
of the WIFIA Loan, subject to the terms and conditions contained herein;
WHEREAS, based on the Application and the representations, warranties and covenants
set forth herein, the WIFIA Lender proposes to make funding available to the Borrower for a
portion of the costs of the Project through the issuance of the WIFIA Bond (as defined herein),
upon the terms and conditions set forth herein;
WHEREAS, the Borrower agrees to repay any amount due pursuant to this Agreement and
the WIFIA Bond in accordance with the terms and provisions hereof and of the WIFIA Bond; and
WHEREAS, the WIFIA Lender has entered into this Agreement in reliance upon, among
other things, the information and representations of the Borrower set forth in the Application and
the supporting information provided by the Borrower.
NOW, THEREFORE, the premises being as stated above, and for good and valuable
consideration, the receipt and sufficiency of which are acknowledged to be adequate, and intending
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3964889.6 047899 CTR
to be legally bound hereby, it is hereby mutually agreed by and between the Borrower and the
WIFIA Lender as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATION
Section 1. Definitions. Capitalized terms used in this Agreement shall have the
meanings set forth below in this Section 1 or as otherwise defined in this Agreement, except as
otherwise expressly provided herein. Any term used in this Agreement that is defined by reference
to any other agreement shall continue to have the meaning specified in such agreement, whether
or not such agreement remains in effect.
“Act” has the meaning provided in the recitals hereto.
“Additional Bonds Test” has the meaning ascribed to such term in Part D of Schedule I
(WIFIA Loan Specific Terms).
“Additional Construction Contract” means, with respect to the Project, each
Construction Contract entered into after the Effective Date.
“Additional Parity Obligations” means any Parity Obligations permitted under Section
15(a) (Indebtedness), which Parity Obligations are issued or incurred after the Effective Date.
“Additional Subordinate Obligations” means any Subordinate Obligations permitted
under Section 15(a) (Indebtedness), which Subordinate Obligations are issued or incurred after the
Effective Date.
“Additional System Obligations” means any Additional Parity Obligations and any
Additional Subordinate Obligations.
“Administrator” has the meaning provided in the preamble hereto.
“Agreement” has the meaning provided in the preamble hereto.
“Alternate Bond” has the meaning provided in the Debt Reform Act.
“Application” means the Borrower’s application for WIFIA financial assistance received
by the WIFIA Lender on the Application Receipt Date.
“Application Receipt Date” has the meaning ascribed to such term in Part A of Schedule
I (WIFIA Loan Specific Terms).
“Bankruptcy Related Event” means, with respect to the Borrower, (a) an involuntary
proceeding shall be commenced or an involuntary petition shall be filed seeking (i) liquidation,
reorganization or other relief in respect of the Borrower or any of its debts, or of a substantial part
of the assets thereof, under any Insolvency Laws, or (ii) the appointment of a receiver, trustee,
liquidator, custodian, sequestrator, conservator or similar official for the Borrower or for a
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3964889.6 047899 CTR
substantial part of the assets thereof and, in any case referred to in the foregoing sub-clauses (i)
and (ii), such proceeding or petition shall continue undismissed for sixty (60) days or an order or
decree approving or ordering any of the foregoing shall be entered; (b) the Borrower shall (i) apply
for or consent to the appointment of a receiver, trustee, liquidator, custodian, sequestrator,
conservator or similar official therefor or for a substantial part of the assets thereof, (ii) generally
not be paying its debts as they become due unless such debts are the subject of a bona fide dispute,
or become unable to pay its debts generally as they become due, (iii) fail to make a payment of
WIFIA Debt Service in accordance with the provisions of Section 8 (Repayments) and such failure
is not cured within thirty (30) days following notification by the WIFIA Lender of failure to make
such payment, (iv) make a general assignment for the benefit of creditors, (v) consent to the
institution of, or fail to contest in a timely and appropriate manner, any proceeding or petition with
respect to it described in clause (a) of this definition, (vi) commence a voluntary proceeding under
any Insolvency Law, or file a voluntary petition seeking liquidation, reorganization, an
arrangement with creditors or an order for relief, in each case under any Insolvency Law, (vii) file
an answer admitting the material allegations of a petition filed against it in any proceeding or
matter referred to in the foregoing sub-clauses (i) through (v), inclusive, of this clause (b), or (viii)
take any action for the purpose of effecting any of the foregoing, including seeking approval or
legislative enactment by any Governmental Authority to authorize commencement of a voluntary
proceeding under any Insolvency Law; (c) (i) any Person shall commence a process pursuant to
which all or a substantial part of the Pledged Collateral may be sold or otherwise disposed of in a
public or private sale or disposition pursuant to a foreclosure of the Liens thereon securing the
Parity Obligations, or (ii) any Person shall commence a process pursuant to which all or a
substantial part of the Pledged Collateral may be sold or otherwise disposed of pursuant to a sale
or disposition of such Pledged Collateral in lieu of foreclosure; or (d) any receiver, trustee,
liquidator, custodian, sequestrator, conservator or similar official shall transfer, pursuant to
directions issued by the holders of the System Obligations, funds on deposit in any of the System
Accounts upon the occurrence and during the continuation of an Event of Default under this
Agreement or an event of default under any other Parity Obligation Document for application to
the prepayment or repayment of any principal amount of the Parity Obligations other than in
accordance with the Parity Obligation Documents, including this Agreement.
“Base Case Financial Model” means the financial model or plan, prepared by the
Borrower and delivered to the WIFIA Lender as part of the Application, forecasting the capital
costs of the System (including the Project) and the estimated debt service coverage, rates, revenues,
operating expenses and major maintenance requirements of the System (as may be applicable) for
the Forecast Period and based upon assumptions and methodology provided by the Borrower and
acceptable to the WIFIA Lender as of the Effective Date, which model or plan shall have been
provided to the WIFIA Lender as a fully functional Microsoft Excel-based financial model or such
other format agreed with the WIFIA Lender.
“Borrower” has the meaning ascribed to such term in Part A of Schedule I (WIFIA Loan
Specific Terms).
“Borrower Fiscal Year” means (a) as of the Effective Date, the Initial Borrower Fiscal
Year or (b) such other fiscal year as the Borrower may hereafter adopt after giving thirty (30) days’
prior written notice to the WIFIA Lender in accordance with Part E of Schedule V (Reporting
Requirements).
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3964889.6 047899 CTR
“Borrower’s Authorized Representative” means any Person who shall be designated as
such pursuant to Section 21 (Borrower’s Authorized Representative).
“Business Day” means any day other than a Saturday, a Sunday or a day on which offices
of the Federal Government or the State are authorized to be closed or on which commercial banks
are authorized or required by law, regulation or executive order to be closed in New York, New
York, or the Project Location.
“Capitalized Interest Period” has, if applicable, the meaning ascribed to such term in
Part C of Schedule I (WIFIA Loan Specific Terms), or if designated as “Not Applicable” in
Schedule I, means capitalized interest shall not be applicable with respect to the WIFIA Loan
hereunder.
“Closing Certificate” has the meaning provided in Section 11(a) (Conditions Precedent
to Effectiveness).
“Commission” has the meaning ascribed to such term in Part B of Schedule I (WIFIA
Loan Specific Terms).
“Commission Agreements” has the meaning ascribed to such term in Part B of Schedule
I (WIFIA Loan Specific Terms).
“Construction Contract” means, with respect to the Project, any prime contract entered
into by the Borrower or the Commission that involves any construction activity (such as
demolition, site preparation, civil works construction, installation, remediation, refurbishment,
rehabilitation, or removal and replacement services) for the Project. For the avoidance of doubt,
“Construction Contract” shall include each Existing Construction Contract and, upon the
effectiveness thereof, each Additional Construction Contract.
“Construction Monitoring Report” means a report on the status of the Project,
substantially in the form of Exhibit F (Form of Construction Monitoring Report), unless otherwise
agreed to be in a different form by the WIFIA Lender.
“Construction Period Servicing Fee” has the meaning ascribed to such term in Part F of
Schedule I (WIFIA Loan Specific Terms).
“Construction Schedule” means (a) the initial schedule or schedules on which the
construction timetables for the Project are set forth, attached hereto as Part B of Schedule II
(Project Details), and (b) any updates thereto included in the Construction Monitoring Report most
recently submitted to the WIFIA Lender in accordance with Part C of Schedule V (Reporting
Requirements).
“CPI” means the Consumer Price Index for All Urban Consumers (CPI-U) for the U.S.
City Average for All Items, 1982-84=100 (not seasonally adjusted) or its successor, published by
the Bureau of Labor Statistics and located at https://www.bls.gov/news.release/cpi.t01.htm.
“Debt Reform Act” means the Local Government Debt Reform Act, 30 Illinois Compiled
Statutes 350, as amended.
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3964889.6 047899 CTR
“Debt Service Payment Commencement Date” means the earlier to occur of (a) the first
Payment Date immediately following the later of (i) the first Disbursement or (ii) if there is a
Capitalized Interest Period, the Payment Date immediately following the end of the Capitalized
Interest Period (subject to Section 8(a)(iii) (Payment of WIFIA Debt Service)), in each case as set
forth in the WIFIA Loan Amortization Schedule; or (b) the Payment Date falling closest to, but
not later than, the fifth anniversary of the Substantial Completion Date.
“Default” means any event or condition that, with the giving of any notice, the passage of
time, or both, would be an Event of Default.
“Default Rate” has the meaning ascribed to such term in Part C of Schedule I (WIFIA
Loan Specific Terms).
“Development Default” means (a) the Borrower abandons work or fails, in the reasonable
judgment of the WIFIA Lender, to diligently prosecute the work related to the Project or (b) the
Borrower fails to achieve Substantial Completion of the Project by the Development Default Date,
unless such failure to achieve Substantial Completion shall occur by reason of an Uncontrollable
Force that is not due to the fault or gross negligence of the Borrower (and which the Borrower
could not reasonably have avoided or mitigated), in which case the Development Default Date
shall be extended by the number of days equal to the duration of such Uncontrollable Force.
“Development Default Date” has the meaning ascribed to such term in Part B of
Schedule I (WIFIA Loan Specific Terms).
“Disbursement” means a disbursement of WIFIA Loan proceeds, subject to and in
accordance with this Agreement.
“Dollars” and “$” means the lawful currency of the U.S.
“Effective Date” means the date of this Agreement, as specified in Part A of Schedule I
(WIFIA Loan Specific Terms).
“Electronic Signature” means any electronic sound, symbol or process attached to or
logically associated with a contract or other record and executed or adopted by a person with the
intent to sign such contract or record pursuant to the Uniform Electronic Transactions Act (815
ILCS 333/1 et seq.) as amended from time to time.
“Eligible Project Costs” means amounts in the Project Budget approved by the WIFIA
Lender, which are paid by or for the account of the Borrower in connection with the Project
(including, as applicable, Project expenditures incurred prior to the receipt of WIFIA credit
assistance), which shall arise from the following:
(a) development-phase activities, including planning, feasibility analysis
(including any related analysis necessary to carry out an eligible project), revenue
forecasting, environmental review, permitting, preliminary engineering and design work
and other preconstruction activities;
(b) construction, reconstruction, rehabilitation, and replacement activities;
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3964889.6 047899 CTR
(c) the acquisition of real property or an interest in real property (including
water rights, land relating to the Project and improvements to land), environmental
mitigation (including acquisitions pursuant to 33 U.S.C. § 3905(8)), construction
contingencies, and acquisition of equipment; or
(d) capitalized interest (with respect to any System Obligations other than the
WIFIA Loan) necessary to meet market requirements, reasonably required reserve funds,
capital issuance expenses, and other carrying costs during construction;
provided, that Eligible Project Costs must be consistent with all other applicable federal law,
including the Act.
“Eligible Project Costs Documentation” means all supporting documentation with
respect to Eligible Project Costs, including copies of invoices and records evidencing incurred or
previously paid Eligible Project Costs, which documentation should contain sufficient detail
satisfactory to the WIFIA Lender to evidence the incurrence or payment of such Eligible Project
Costs and, with respect to construction progress payments for Eligible Project Costs, demonstrate
that such progress payments are commensurate with the cost of the work that has been completed.
“EMMA” means the Electronic Municipal Market Access system maintained by the
Municipal Securities Rulemaking Board, and its successors.
“EPA” has the meaning provided in the preamble hereto.
“Event of Default” has the meaning provided in Section 17(a) (Events of Default and
Remedies).
“Event of Loss” means any event or series of events that causes any portion of the System
to be damaged, destroyed or rendered unfit for normal use for any reason whatsoever, including
through a casualty, a failure of title, or any loss of such property through eminent domain.
“Existing Construction Contract” means each Construction Contract in effect as of the
Effective Date as set forth in Part C of Schedule II (Project Details).
“Existing Indebtedness” means System Obligations of the Borrower that have been
issued or incurred prior to the Effective Date, as listed and described in Part A of Schedule III
(Borrower Disclosures).
“Existing Parity Obligations” means the Existing Indebtedness listed and described in
Section 1 (Existing Parity Obligations) of Part A of Schedule III (Borrower Disclosures).
“Federal Fiscal Year” means the fiscal year of the Federal Government, which is the
twelve (12) month period that ends on September 30 of the specified calendar year and begins on
October 1 of the preceding calendar year.
“Federal Government” means the U.S. and its departments and agencies.
“FEIN” means a Federal Employer Identification Number.
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3964889.6 047899 CTR
“Final Disbursement Date” means the earliest of (a) the date on which the WIFIA Loan
has been disbursed in full; (b) the last anticipated date of disbursement set forth in the then-current
WIFIA Loan Disbursement Schedule; (c) the date as of which the Borrower has certified to the
WIFIA Lender that it will not request any further disbursements under the WIFIA Loan; (d) the
date on which the WIFIA Lender terminates its obligations relating to disbursements of any
undisbursed amounts of the WIFIA Loan in accordance with Section 17 (Events of Default and
Remedies); and (e) the date that is one (1) year after the Substantial Completion Date.
“Final Maturity Date” has the meaning ascribed to such term in Part C of Schedule I
(WIFIA Loan Specific Terms).
“Financial Statements” has the meaning provided in Section 12(q) (Financial
Statements).
“Flow of Funds” has the meaning ascribed to such term in Part D of Schedule I (WIFIA
Loan Specific Terms).
“Forecast Period” means, as of any date, the time period from and including the then-
current Borrower Fiscal Year until the later ending date of either (a) the five (5) immediately
succeeding Borrower Fiscal Years or (b) the end of the Borrower Fiscal Year in which the
Borrower’s then-currently effective capital improvement plan for the System concludes.
“GAAP” means generally accepted accounting principles for U.S. state and local
governments, as established by the Government Accounting Standards Board (or any successor
entity with responsibility for establishing accounting rules for governmental entities), in effect
from time to time in the U.S.
“Government Obligations” means (a) direct obligations of, or obligations on which the
timely payment of principal and interest are fully and unconditionally guaranteed by, the Federal
Government, (b) bonds, debentures or notes issued by any of the following federal agencies:
Banks for Cooperatives, Federal Intermediate Credit Banks, Federal Home Loan Banks, Export-
Import Bank of the United States, Government National Mortgage Association or Federal Land
Banks, (c) obligations issued or guaranteed by a Person controlled or supervised by and acting as
an instrumentality of the Federal Government pursuant to authority granted by the U.S. Congress,
and (d) evidences of ownership of proportionate interests in future interest or principal payments
on obligations specified in clauses (a), (b) and (c) of this definition held by a bank or trust company
as custodian and which underlying obligations are not available to satisfy any claim of the
custodian or any Person claiming through the custodian or to whom the custodian may be
obligated, in each case.
“Governmental Approvals” means all authorizations, consents, approvals, waivers,
exceptions, variances, filings, registrations, permits, orders, licenses, exemptions and declarations
of or with any Governmental Authority.
“Governmental Authority” means any federal, state, provincial, county, city, town,
village, municipal or other government or governmental department, commission, council, court,
board, bureau, agency, authority or instrumentality (whether executive, legislative, judicial,
administrative or regulatory), of or within the U.S. or its territories or possessions, including the
8
3964889.6 047899 CTR
State and its counties and municipalities, and their respective courts, agencies, instrumentalities
and regulatory bodies, or any entity that acts “on behalf of” any of the foregoing, whether as an
agency or authority of such body.
“Indemnitee” has the meaning provided in Section 32 (Indemnification).
“Initial Borrower Fiscal Year” has the meaning ascribed to such term in Part A of
Schedule I (WIFIA Loan Specific Terms).
“Initial Construction Period Servicing Fee” has the meaning ascribed to such term in
Part F of Schedule I (WIFIA Loan Specific Terms).
“Insolvency Laws” means the U.S. Bankruptcy Code, 11 U.S.C. § 101 et seq., as from
time to time amended and in effect, and any state bankruptcy, insolvency, receivership,
conservatorship or similar law now or hereafter in effect.
“Interest Only Period” has, if applicable, the meaning ascribed to such term in Part C of
Schedule I (WIFIA Loan Specific Terms), or if designated as “Not Applicable” in Schedule I,
means no interest only period shall be applicable with respect to the WIFIA Loan hereunder.
“Interest Payment Date” has the meaning ascribed to such term in Part C of Schedule I
(WIFIA Loan Specific Terms).
“Interim Financing” means interim bond anticipation notes, commercial paper or other
short-term temporary financing, in each case with a maturity not later than five (5) years following
the issuance or incurrence thereof, the proceeds of which are applied to pay Eligible Project Costs.
“Investment Grade Rating” means a rating of ‘BBB-’, ‘Baa3’, ‘bbb-’, or ‘BBB (low)’,
or higher, from a Nationally Recognized Rating Agency.
“Legal Entity” has the meaning ascribed to such term in Part A of Schedule I (WIFIA
Loan Specific Terms).
“Lien” means any mortgage, pledge, hypothecation, assignment, mandatory deposit
arrangement, encumbrance, attachment, lien (statutory or other), charge or other security interest,
or preference, priority or other security agreement or preferential arrangement of any kind or nature
whatsoever, including any sale-leaseback arrangement, any conditional sale or other title retention
agreement, any financing lease having substantially the same effect as any of the foregoing, and
the filing of any financing statement or similar instrument under the UCC or any other applicable
law.
“Loss Proceeds” means any proceeds of builders’ risk or casualty insurance (other than
any proceeds from any policy of business interruption insurance insuring against loss of revenues
upon the occurrence of certain casualties or events covered by such policy of insurance) or
proceeds of eminent domain proceedings resulting from any Event of Loss.
“Material Adverse Effect” means a material adverse effect on (a) the System, the Project
or the Revenues, (b) the business, operations, properties, condition (financial or otherwise) or
9
3964889.6 047899 CTR
prospects of the Borrower, (c) the legality, validity or enforceability of any material provision of
any WIFIA Loan Document or other Parity Obligation Document, (d) the ability of the Borrower
to enter into, perform or comply with any of its material obligations under any WIFIA Loan
Document or other Parity Obligation Document, (e) the validity, enforceability or priority of the
Liens provided under the WIFIA Loan Documents on the Pledged Collateral or (f) the WIFIA
Lender’s rights or remedies available under any WIFIA Loan Document.
“Maximum Principal Amount” has the meaning ascribed to such term in Part C of
Schedule I (WIFIA Loan Specific Terms).
“Nationally Recognized Rating Agency” means any nationally recognized statistical
rating organization registered with, and identified as such by, the Securities and Exchange
Commission, pursuant to 15 U.S.C. § 78o-7.
“NEPA” means the National Environmental Policy Act of 1969, as amended, and any
successor statute of similar import, and regulations thereunder, in each case as in effect from time
to time.
“NEPA Determination” has the meaning ascribed to such term in Part B of Schedule I
(WIFIA Loan Specific Terms).
“Net Revenues” means, for any Borrower Fiscal Year, the Revenues for such Borrower
Fiscal Year, less Operation and Maintenance Expenses for such Borrower Fiscal Year.
“Operating Period Servicing Fee” has the meaning ascribed to such term in Part F of
Schedule I (WIFIA Loan Specific Terms).
“Operation and Maintenance Expenses” has the meaning ascribed to such term in Part
A of Schedule I (WIFIA Loan Specific Terms).
“Organizational Documents” means (a) the constitutional and statutory provisions that
are the basis for the existence and authority of the Borrower, including any enabling statutes,
ordinances or public charters and any other organic laws establishing the Borrower and (b) the
resolutions, bylaws, or other organizational documents (including any amendments, modifications
or supplements thereto) of or adopted by the Borrower by which the Borrower, its powers,
operations or procedures or its securities, bonds, notes or other obligations are governed or from
which such powers are derived.
“Other Financing Documents” means any agreement, instrument, or document
(excluding the WIFIA Loan Documents) entered into between the Borrower and a holder of
System Obligations (or a trustee or similar Person on behalf of any such holder) providing for the
issuance of System Obligations or otherwise governing any terms or conditions relating to System
Obligations, including all Parity Obligation Documents (other than the WIFIA Loan Documents)
and all Subordinate Obligation Documents.
“Outstanding” means (a) with respect to System Obligations other than the WIFIA Loan,
System Obligations that have not been cancelled or legally defeased or discharged within the
meaning of the applicable Other Financing Documents, and (b) with respect to the WIFIA Loan,
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3964889.6 047899 CTR
the (i) entire amount available to be drawn under this Agreement (including amounts drawn,
amounts that remain available to be drawn and, if applicable, any capitalized interest added or
projected to be added to the principal amount of the WIFIA Loan in accordance with the terms
hereof), less (ii) any amount that has been irrevocably determined will not be drawn under this
Agreement, less (iii) the aggregate principal amount of the WIFIA Loan Balance that has been
repaid or prepaid.
“Parity Obligation Documents” means the WIFIA Loan Documents and any Other
Financing Document providing for the issuance of Parity Obligations, together with each other
agreement, instrument and document executed and delivered pursuant to or in connection with any
of the foregoing.
“Parity Obligations” means the WIFIA Loan (and corresponding WIFIA Bond), the
Existing Parity Obligations and any Additional Parity Obligations, in each case that ranks senior
in right of payment and right of security to the Subordinate Obligations.
“Patriot Act” means the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act of 2001, as amended, and all regulations
promulgated thereunder.
“Payment Date” means each Interest Payment Date and each Principal Payment Date.
“Payment Default” has the meaning provided in Section 17(a)(i) (Payment Default).
“Permitted Debt” means:
(a) Existing Indebtedness;
(b) the WIFIA Loan;
(c) Additional Parity Obligations that satisfy the requirements of Section 15(a)
(Indebtedness);
(d) Additional Subordinate Obligations that satisfy the requirements of
Section 15(a) (Indebtedness); and
(e) indebtedness incurred in respect of hedging transactions permitted under
the WIFIA Loan Documents.
“Permitted Investments” means:
(a) Government Obligations;
(b) certificates of deposit where the certificates are collaterally secured by
securities of the type described in clause (a) of this definition and held by a third party as escrow
agent or custodian, of a market value not less than the amount of the certificates of deposit so
secured, including interest, but this collateral is not required to the extent the certificates of deposit
are insured by the Federal Government;
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3964889.6 047899 CTR
(c) repurchase agreements with creditworthy counterparties, when
collateralized by securities of the type described in clause (a) of this definition and held by a third
party as escrow agent or custodian, of a market value not less than the amount of the repurchase
agreement so collateralized, including interest;
(d) investment agreements or guaranteed investment contracts rated, or with
any financial institution whose senior long-term debt obligations are rated, or guaranteed by a
financial institution whose senior long-term debt obligations are rated in one of the two (2) highest
rating categories for comparable types of obligations by any Nationally Recognized Rating
Agency;
(e) money market funds that invest solely in obligations of the U.S., its agencies
and instrumentalities, and having a rating by a Nationally Recognized Rating Agency equal to the
then applicable rating of the U.S. by such Nationally Recognized Rating Agency; and
(f) any investment with State institutions permitted under applicable State law.
“Permitted Liens” means:
(a) Liens imposed pursuant to the WIFIA Loan Documents;
(b) Liens imposed pursuant to the Other Financing Documents in respect of
Permitted Debt;
(c) Liens imposed pursuant to the Commission Agreements in effect as of the
Effective Date; provided that, in the event of any default under any such Commission
Agreement, any such Lien shall be subordinate to the WIFIA Loan and all other Parity
Obligations;
(d) Liens imposed by law, including Liens for taxes that are not yet due or are
being contested in compliance with Section 14(k) (Material Obligations);
(e) carriers’, warehousemen’s, mechanics’, materialmen’s, repairmen’s and
other like Liens imposed by law, arising in the ordinary course of business and securing
obligations that are not overdue by more than thirty (30) days or are being contested in
compliance with Section 14(k) (Material Obligations);
(f) pledges and deposits made in the ordinary course of business in compliance
with workers’ compensation, unemployment insurance, and other social security laws or
regulations;
(g) deposits to secure the performance of trade contracts, leases, statutory
obligations, surety and appeal bonds, performance bonds and other obligations of a like
nature, in each case in the ordinary course of business;
(h) judgment Liens in respect of judgments that do not constitute an Event of
Default under Section 17(a)(viii) (Material Adverse Judgment); and
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3964889.6 047899 CTR
(i) easements, zoning restrictions, rights-of-way and similar encumbrances on
real property imposed by law or arising in the ordinary course of business that, in any
case, do not secure any monetary obligations and do not materially detract from the value
of the affected property or interfere with the ordinary conduct of business of the Borrower.
“Person” means and includes an individual, a general or limited partnership, a joint
venture, a corporation, a limited liability company, a trust, an unincorporated organization and any
Governmental Authority, including in each case such Person’s successors and permitted assigns.
“Pledged Collateral” has the meaning ascribed to such term in Part D of Schedule I
(WIFIA Loan Specific Terms).
“Pledged Revenues” has the meaning ascribed to such term in Part D of Schedule I
(WIFIA Loan Specific Terms).
“Pledged Taxes” has the meaning ascribed to such term in Part D of Schedule I (WIFIA
Loan Specific Terms).
“Principal Payment Date” has the meaning ascribed to such term in Part C of Schedule
I (WIFIA Loan Specific Terms).
“Project” has the meaning ascribed to such term in Part B of Schedule I (WIFIA Loan
Specific Terms).
“Project Budget” means the budget for the Project attached to this Agreement as Part A
of Schedule II (Project Details) showing a summary of Total Project Costs with a breakdown of
all Eligible Project Costs and the estimated sources and uses of funds for the Project.
“Project Location” has the meaning ascribed to such term in Part B of Schedule I (WIFIA
Loan Specific Terms).
“Projected Substantial Completion Date” has the meaning ascribed to such term in Part
B of Schedule I (WIFIA Loan Specific Terms).
“Public Benefits Report” means the report in the form attached hereto as Exhibit C (Form
of Public Benefits Report).
“Related Documents” means the WIFIA Loan Documents and the Other Financing
Documents.
“Requisition” means the request for Disbursement in the form attached hereto as Exhibit
D (Form of Requisition).
“Revenue Covenant” has the meaning ascribed to such term in Part D of Schedule I
(WIFIA Loan Specific Terms).
“Revenues” has the meaning ascribed to such term in Part A of Schedule I (WIFIA Loan
Specific Terms).
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3964889.6 047899 CTR
“SAM” means the federal System for Award Management (www.SAM.gov) (or any
successor system or registry).
“Sanctions Laws” means collectively, any applicable anti-drug trafficking, anti-terrorism,
anti-money laundering, anti-bribery, or anti-corruption laws or regulations, as applicable,
including those contained in the Bank Secrecy Act of 1970 (as amended) and the U.S. Patriot Act.
“Servicer” means such entity or entities as the WIFIA Lender shall designate from time to
time to perform, or assist the WIFIA Lender in performing, certain duties hereunder.
“Servicing Fee” means the Servicing Set-Up Fee and any Construction Period Servicing
Fee or Operating Period Servicing Fee.
“Servicing Set-Up Fee” has the meaning ascribed to such term in Part F of Schedule I
(WIFIA Loan Specific Terms).
“State” has the meaning ascribed to such term in Part A of Schedule I (WIFIA Loan
Specific Terms).
“Subordinate Obligation Documents” means any Other Financing Document providing
for the issuance of Subordinate Obligations, together with each other agreement, instrument and
document executed and delivered pursuant to or in connection with any of the foregoing.
“Subordinate Obligations” means any System Obligation that is fully subordinated to the
WIFIA Loan and the WIFIA Bond in priority of payment (as to both principal and interest), voting
and priority of security interest in the Pledged Revenues, including with respect to payment from
revenues and reserves and payment upon default or acceleration of any such System Obligations.
“Substantial Completion” means, with respect to the Project, the stage at which the
Project is able to perform the functions for which the Project is designed.
“Substantial Completion Date” means the date on which the Borrower certifies to the
WIFIA Lender, with evidence satisfactory to the WIFIA Lender and notice to the WIFIA Lender
in accordance with Part E of Schedule V (Reporting Requirements), that Substantial Completion
has occurred.
“System” has the meaning ascribed to such term in Part A of Schedule I (WIFIA Loan
Specific Terms).
“System Accounts” has the meaning ascribed to such term in Part D of Schedule I (WIFIA
Loan Specific Terms).
“System Obligations” means debt of the Borrower that is secured by a pledge and lien on
all or a portion of the Revenues or the Pledged Revenues, including the WIFIA Loan, all other
Parity Obligations and the Subordinate Obligations.
“Technical and Rate Consultant” means a single individual or firm, or a combination of
one or more individuals or firms, not related to the Borrower and considered independent with
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3964889.6 047899 CTR
respect to the Borrower (i.e. not an employee of the Borrower or any affiliate of the Borrower)
authorized to do business in and qualified to practice in the areas required to provide the services
required of the Technical and Rate Consultant, that together have expertise in the technical
requirements for operation and maintenance of systems similar in size and scope to the System
and delivering the services provided by the System, and establishing rates and charges for
governmental water or wastewater systems similar in size and scope to the System, selected by the
Borrower and reasonably acceptable to the WIFIA Lender.
“Total Project Costs” means (a) the costs paid or incurred or to be paid or incurred by the
Borrower in connection with or incidental to the acquisition, design, construction and equipping
of the Project, including legal, administrative, engineering, planning, design, insurance and
financing (including costs of issuance); (b) amounts, if any, required by the WIFIA Loan
Documents or any Other Financing Document to be paid into any fund or account upon the
incurrence of the WIFIA Loan or any other System Obligations, in each case in respect of the
Project; (c) payments when due (whether at the maturity of principal, the due date of interest, or
upon optional or mandatory prepayment) in respect of any indebtedness of the Borrower (other
than the WIFIA Loan), in each case in connection with the acquisition, design, construction and
equipping of the Project; and (d) costs of equipment and supplies and initial working capital and
reserves required by the Borrower for the commencement of operation of the Project, including
general administrative expenses and overhead of the Borrower.
“Trustee” has, if applicable, the meaning ascribed to such term in Part A of Schedule I
(WIFIA Loan Specific Terms), or if designated as “Not Applicable” in Schedule I, means a trustee
shall not be applicable with respect to the WIFIA Loan hereunder.
“Trustee Location” has, if applicable, the meaning ascribed to such term in Part A of
Schedule I (WIFIA Loan Specific Terms), or if designated as “Not Applicable” in Schedule I,
means a trustee location shall not be applicable with respect to the WIFIA Loan hereunder.
“Uncontrollable Force” means any cause beyond the control of the Borrower, including:
(a) a hurricane, tornado, flood or similar occurrence, landslide, earthquake, fire or other casualty,
strike or labor disturbance, freight embargo, act of a public enemy, explosion, war, blockade,
terrorist act, insurrection, riot, general arrest or restraint of government and people, civil
disturbance or similar occurrence, sabotage or pandemic (provided, that the Borrower shall not be
required to settle any strike or labor disturbance in which it may be involved) or (b) the order or
judgment of any federal, state or local court, administrative agency or governmental officer or
body, if it is not also the result of willful or negligent action or a lack of reasonable diligence of
the Borrower and the Borrower does not control the administrative agency or governmental officer
or body; provided, that the diligent contest in good faith of any such order or judgment shall not
constitute or be construed as a willful or negligent action or a lack of reasonable diligence of the
Borrower.
“Uniform Commercial Code” or “UCC” means the Uniform Commercial Code, as in
effect from time to time in the State.
“Unique Entity Identifier” or “UEI” means, with respect to any Person, the unique entity
identifier issued by the Federal Government through SAM.gov for such Person.
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“Updated Financial Model/Plan” means (a) an updated Base Case Financial Model or (b)
a financial plan in a format agreed with the WIFIA Lender, in each case reflecting the then-current
and projected conditions for the Forecast Period, in accordance with Part A of Schedule V
(Reporting Requirements).
“U.S.” means the United States of America.
“Water Fund” has the meaning ascribed to such term in Part D of Schedule I (WIFIA
Loan Specific Terms).
“WIFIA” has the meaning provided in the recitals hereto.
“WIFIA Bond” means the bond executed by the Borrower in substantially the form of
Exhibit A (Form of WIFIA Bond).
“WIFIA Bond Fund” has the meaning ascribed to such term in Part D of Schedule I
(WIFIA Loan Specific Terms).
“WIFIA Bond Ordinance” has the meaning ascribed to such term in Part E of Schedule
I (WIFIA Loan Specific Terms).
“WIFIA CUSIP Number” has the meaning ascribed to such term in Part A of Schedule
I (WIFIA Loan Specific Terms).
“WIFIA Debt Service” means with respect to any Payment Date occurring on or after the
Debt Service Payment Commencement Date, the principal portion of the WIFIA Loan Balance
and any interest payable thereon (including interest accruing after the date of any filing by the
Borrower of any petition in bankruptcy or the commencement of any bankruptcy, insolvency or
similar proceeding with respect to the Borrower), in each case, (a) as set forth on the WIFIA Loan
Amortization Schedule and (b) due and payable on such Payment Date in accordance with the
provisions of Section 8(a) (Payment of WIFIA Debt Service).
“WIFIA Debt Service Account” has, if applicable, the meaning ascribed to such term in
Part D of Schedule I (WIFIA Loan Specific Terms), or if designated as “Not Applicable” in
Schedule I, means a separate debt service account designated for the WIFIA Lender shall not be
applicable with respect to the WIFIA Loan hereunder.
“WIFIA Debt Service Reserve Account” has, if applicable, the meaning ascribed to such
term in Part D of Schedule I (WIFIA Loan Specific Terms), or if designated as “Not Applicable”
in Schedule I, means a separate debt service reserve account designated for the WIFIA Lender
shall not be applicable with respect to the WIFIA Loan hereunder.
“WIFIA Debt Service Reserve Requirement” has, if applicable, the meaning ascribed to
such term in Part D of Schedule I (WIFIA Loan Specific Terms), or if designated as “Not
Applicable” in Schedule I, means a separate debt service reserve requirement shall not be
applicable with respect to the WIFIA Loan hereunder.
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3964889.6 047899 CTR
“WIFIA Interest Rate” has the meaning ascribed to such term in Part C of Schedule I
(WIFIA Loan Specific Term).
“WIFIA Lender” has the meaning provided in the preamble hereto.
“WIFIA Lender’s Authorized Representative” means the Administrator and any other
Person who shall be designated as such pursuant to Section 22 (WIFIA Lender’s Authorized
Representative).
“WIFIA Loan” means the secured loan made by the WIFIA Lender to the Borrower on
the terms and conditions set forth herein, pursuant to the Act, in a principal amount not to exceed
the Maximum Principal Amount, to be used in respect of Eligible Project Costs.
“WIFIA Loan Amortization Schedule” means the loan amortization schedule reflected
in Schedule VI (WIFIA Loan Amortization Schedule), as amended from time to time in accordance
with Section 8(c) (Adjustments to WIFIA Loan Amortization Schedule).
“WIFIA Loan Balance” means (a) the aggregate principal amount of the WIFIA Loan
disbursed by the WIFIA Lender to the Borrower hereunder, plus (b) if applicable, capitalized
interest added to the principal balance of the WIFIA Loan pursuant to Section 8(a)(iii) (Payment
of WIFIA Debt Service), minus (c) the aggregate principal amount of the WIFIA Loan repaid or
prepaid by the Borrower, as reflected from time to time in the WIFIA Loan Amortization Schedule
in accordance with Section 8(c) (Adjustments to WIFIA Loan Amortization Schedule).
“WIFIA Loan Disbursement Schedule” means the disbursement schedule set forth in
Schedule VI (WIFIA Loan Amortization Schedule), reflecting the anticipated disbursement of
proceeds of the WIFIA Loan, as such schedule may be amended from time to time pursuant to
Section 4(b) (Disbursement Conditions).
“WIFIA Loan Documents” means this Agreement, the WIFIA Bond, the WIFIA Bond
Ordinance and the WIFIA Term Sheet.
“WIFIA Pledged Revenues Account” has the meaning ascribed to such term in Part D
of Schedule I (WIFIA Loan Specific Terms).
“WIFIA Term Sheet” has the meaning ascribed to such term in Part E of Schedule I
(WIFIA Loan Specific Terms).
Section 2. Interpretation. The rules of interpretation set forth below in this Section 2
shall apply to this Agreement, except as otherwise expressly provided herein.
(a) Unless the context shall otherwise require, the words “hereto,” “herein,”
“hereof” and other words of similar import refer to this Agreement as a whole.
(b) Words of any gender shall be deemed and construed to include correlative
words of any other gender.
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3964889.6 047899 CTR
(c) Words importing the singular number shall include the plural number and
vice versa unless the context shall otherwise require.
(d) The words “include,” “includes” and “including” shall be deemed to be
followed by the phrase “without limitation.”
(e) Whenever the Borrower’s knowledge is implicated in this Agreement or the
phrase “to the Borrower’s knowledge” or a similar phrase is used in this Agreement, the
Borrower’s knowledge or such phrase(s) shall be interpreted to mean to the best of the Borrower’s
knowledge after reasonable and diligent inquiry.
(f) Unless the context shall otherwise require, references to preambles, recitals,
sections, subsections, clauses, schedules, exhibits, appendices and provisions are to the applicable
preambles, recitals, sections, subsections, clauses, schedules, exhibits, appendices and provisions
of this Agreement.
(g) The recitals, schedules and exhibits to this Agreement, and the appendices
and schedules to such exhibits, are hereby incorporated by reference and made an integral part of
this Agreement.
(h) The headings or titles of this Agreement and its sections, schedules or
exhibits, as well as any table of contents, are for convenience of reference only and shall not define
or limit its provisions.
(i) Unless the context shall otherwise require, all references to any resolution,
contract, agreement, lease or other document shall be deemed to include any amendments or
supplements to, or modifications or restatements or replacements of, such documents that are
approved from time to time in accordance with the terms thereof and hereof.
(j) Every request, order, demand, application, appointment, notice, statement,
certificate, consent or similar communication or action hereunder by any party shall, unless
otherwise specifically provided, be delivered in writing in accordance with Section 31 (Notices)
and signed by a duly authorized representative of such party.
(k) References to “disbursements of WIFIA Loan proceeds” or similar phrasing
shall be construed as meaning the same thing as “paying the purchase price of the WIFIA Bond.”
(l) Whenever this Agreement requires a change in principal amount, interest
rate or amortization schedule of the WIFIA Loan, it is intended that such change be reflected in
the WIFIA Bond. Whenever there is a prepayment of the WIFIA Loan, it is intended that such
prepayment be implemented through a prepayment of the WIFIA Bond.
(m) Whenever this Agreement sets forth a time period for a number of days by
when a deliverable must be provided or an action must be taken, such time period shall be
computed on the basis of a three hundred sixty (360) day year of twelve (12) thirty (30) day
months.
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ARTICLE II
THE WIFIA LOAN
Section 3. WIFIA Loan Amount. The total amount of Disbursements shall not, in the
aggregate, exceed the Maximum Principal Amount.
Section 4. Disbursement Conditions.
(a) WIFIA Loan proceeds shall be disbursed solely in respect of Eligible
Project Costs paid or incurred and approved for payment by or on behalf of the Borrower in
connection with the Project, including, for the avoidance of doubt, Eligible Project Costs that were
initially funded with Interim Financing proceeds and Eligible Project Costs incurred prior to the
receipt of WIFIA credit assistance that meet federal requirements standards and are otherwise
acceptable to the WIFIA Lender. Each Disbursement of the WIFIA Loan shall be made pursuant
to the procedures of Schedule IV (Requisition Procedures) and subject to the requirements of this
Section 4 and the conditions set forth in Section 11(b) (Conditions Precedent to Disbursements);
provided, that no Disbursements shall be made after the Final Disbursement Date.
(b) Subject to this Section 4, any scheduled Disbursement (as reflected in the
WIFIA Loan Disbursement Schedule) that remains undrawn as of its scheduled date shall
automatically be available for the next scheduled Disbursement date, up to the Final Disbursement
Date, with the effect of automatically updating the WIFIA Loan Disbursement Schedule (and the
WIFIA Loan Amortization Schedule) without need for the WIFIA Lender’s approval. The
Borrower may also amend the WIFIA Loan Disbursement Schedule by submitting a revised
version thereof to the WIFIA Lender no later than thirty (30) days prior to the proposed effective
date of such amendment, together with a detailed explanation of the reasons for such revisions.
Such revised WIFIA Loan Disbursement Schedule shall become effective upon the WIFIA
Lender’s approval thereof, which approval shall be deemed granted if the WIFIA Lender has not
objected within thirty (30) days from receipt of the revised schedule, and which approval shall
have the effect of updating the WIFIA Loan Amortization Schedule to reflect the updated WIFIA
Loan Disbursement Schedule. Notwithstanding the foregoing, the date of the first Disbursement
shall not be earlier than the initial date of Disbursement set out in the WIFIA Loan Amortization
Schedule as of the Effective Date.
Section 5. Term. The term of the WIFIA Loan shall extend from the Effective Date to
the Final Maturity Date or to such earlier date as all amounts due or to become due to the WIFIA
Lender hereunder have been irrevocably paid in full in immediately available funds.
Section 6. Interest Rate. The Borrower shall pay interest on the WIFIA Loan Balance
at the WIFIA Interest Rate; provided, that, upon the occurrence of an Event of Default, the
Borrower shall pay interest on the WIFIA Loan Balance at the Default Rate, (a) in the case of any
Payment Default, from (and including) its due date to (but excluding) the date of actual payment
of the overdue amount of principal of the WIFIA Loan and accrued interest thereon and (b) in the
case of any other Event of Default, from (and including) the date of such occurrence to (but
excluding) the earlier of the date on which (i) such Event of Default has been cured (if applicable)
in accordance with the terms of this Agreement or waived by the WIFIA Lender and (ii) the WIFIA
Loan Balance has been irrevocably paid in full in immediately available funds. Interest shall (x)
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3964889.6 047899 CTR
accrue on the WIFIA Loan commencing on the date of the first Disbursement of the WIFIA Loan,
(y) be payable commencing on the Debt Service Payment Commencement Date and (z) be
computed on the WIFIA Loan Balance on the basis of a three hundred sixty (360) day year of
twelve (12) thirty (30) day months.
Section 7. Security and Priority; Flow of Funds.
(a) As evidence of the Borrower’s obligation to repay the WIFIA Loan, the
Borrower shall issue and deliver to the WIFIA Lender, as the registered owner, on or prior to the
Effective Date, the WIFIA Bond. The WIFIA Bond shall be a general obligation Alternate Bond
of the Borrower, for the payment of which its full faith and credit are irrevocably pledged. As
security for the WIFIA Loan (and corresponding WIFIA Bond), the Borrower has, pursuant to the
WIFIA Bond Ordinance, pledged, assigned and granted to the WIFIA Lender for its benefit, Liens
on the Pledged Collateral to the extent and in the manner and priority set forth in the WIFIA Loan
Documents. The Borrower hereby affirms such pledge, assignment and grant. The Lien on the
Pledged Taxes to secure the WIFIA Loan (and corresponding WIFIA Bond) is and shall be for the
exclusive benefit of the WIFIA Lender and any subsequent holder of the WIFIA Bond. The Lien
on the Pledged Revenues to secure the WIFIA Loan (and corresponding WIFIA Bond) for the
benefit of the WIFIA Lender is and shall be (i) on a parity in right of payment and right of security
to the Liens on the Pledged Revenues in favor of the other Parity Obligations and (ii) senior in
right of payment and right of security to any Liens on the Pledged Revenues in favor of the
Subordinate Obligations.
(b) Amounts deposited in the Water Fund shall be applied in the order of
priority described in, and in accordance with, the Flow of Funds.
Section 8. Repayments.
(a) Payment of WIFIA Debt Service.
(i) No WIFIA Debt Service shall be due or payable prior to the Debt
Service Payment Commencement Date. The Borrower shall pay (A) WIFIA Debt Service
in the amounts and manner and on the Payment Dates as set forth in the WIFIA Loan
Amortization Schedule, as the same may be revised pursuant to Section 8(c) (Adjustments
to WIFIA Loan Amortization Schedule) and (B) payments of any other amounts on each
other date on which payment thereof is required to be made hereunder; provided, that, in
either case if any such date is not a Business Day, payment shall be made on the next
Business Day following such date. WIFIA Loan proceeds borrowed and repaid may not be
re-borrowed.
(ii) Notwithstanding anything herein to the contrary, the WIFIA Loan
Balance and any accrued interest thereon shall be due and payable in full on the Final
Maturity Date.
(iii) If a Capitalized Interest Period is applicable as set forth in Part C
of Schedule I (WIFIA Loan Specific Terms), during the Capitalized Interest Period, no
payment of principal of or interest on the WIFIA Loan will be required to be made. On
each Interest Payment Date occurring during the Capitalized Interest Period (including the
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3964889.6 047899 CTR
day immediately following the end of the Capitalized Interest Period), interest accrued and
not paid on the WIFIA Loan during each six (6) month period ending immediately prior to
such date (or such shorter period if the Capitalized Interest Period ends on a day other than
one (1) day prior to an Interest Payment Date) shall be capitalized and added to the WIFIA
Loan Balance, as set forth in the WIFIA Loan Amortization Schedule. Within thirty (30)
days after the end of the Capitalized Interest Period, the WIFIA Lender shall give written
notice to the Borrower stating the WIFIA Loan Balance as of the close of business on the
last day of the Capitalized Interest Period, which statement thereof shall be deemed
conclusive absent manifest error; provided, however, that no failure to give or delay in
giving such notice shall affect any of the obligations of the Borrower hereunder or under
any of the other WIFIA Loan Documents. Notwithstanding the foregoing, the Capitalized
Interest Period shall end immediately upon written notification to the Borrower by the
WIFIA Lender that an Event of Default has occurred and that the WIFIA Lender has
elected to end the Capitalized Interest Period, in which case interest shall no longer be
capitalized, payments of interest shall be due and payable beginning on the next Interest
Payment Date and payments of principal shall be due and payable beginning on the next
Principal Payment Date, in each case in accordance with the terms hereof.
(iv) If an Interest Only Period is applicable as set forth in Part C of
Schedule I (WIFIA Loan Specific Terms), during the Interest Only Period, the WIFIA Debt
Service payable by the Borrower shall consist of one hundred percent (100%) of the
amount of interest then due and payable on the WIFIA Loan Balance, and no payment of
principal of the WIFIA Loan will be due and payable during the Interest Only Period.
(v) Any defeasance of the WIFIA Loan in accordance with the WIFIA
Bond Ordinance and applicable law shall not be deemed a repayment or prepayment of the
WIFIA Loan in full, and the Borrower shall comply with all of its obligations hereunder
and under the other WIFIA Loan Documents (other than with respect to payments of
WIFIA Debt Service, which payments shall continue to be made in accordance with the
WIFIA Loan Amortization Schedule by the succeeding entity assuming the Borrower’s
payment obligations), unless otherwise agreed by the WIFIA Lender, until the irrevocable
payment in full in immediately available funds of the WIFIA Loan Balance, together with
all accrued interest, fees and expenses with respect thereto.
(b) Manner of Payment. Payments under this Agreement (and the WIFIA
Bond, which payments shall not be duplicative) shall be made in Dollars and in immediately
available funds (without counterclaim, offset or deduction) in accordance with the payment
instructions provided by the WIFIA Lender prior to the relevant payment, as may be modified in
writing from time to time by the WIFIA Lender; provided, that the failure to provide updated
payment instructions shall not affect in any manner the Borrower’s obligations hereunder or under
any other WIFIA Loan Document.
(c) Adjustments to WIFIA Loan Amortization Schedule.
(i) The WIFIA Lender may, from time to time, modify the WIFIA Loan
Amortization Schedule included in Schedule VI (WIFIA Loan Amortization Schedule) to
reflect (A) any change to the WIFIA Loan Balance, (B) any change to the date and amount
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3964889.6 047899 CTR
of any principal or interest due and payable or to become due and payable by the Borrower
hereunder in accordance with this Agreement, (C) any mathematical corrections as the
WIFIA Lender may determine are necessary, and (D) with the consent of the Borrower
(not to be unreasonably withheld), such other information as the WIFIA Lender may
determine is necessary for administering the WIFIA Loan and this Agreement. Any
calculations described above shall be rounded up to the nearest whole cent. Any
adjustments or revisions to the WIFIA Loan Amortization Schedule as a result of a
decrease in the WIFIA Loan Balance shall be applied to reduce future payments due on the
WIFIA Loan in inverse order of maturity, other than prepayments which shall be applied
in accordance with Section 9(b) (General Prepayment Instructions). If the WIFIA Loan
Amortization Schedule is modified pursuant to this Section 8(c), the WIFIA Lender shall
provide the Borrower with a copy of such revised WIFIA Loan Amortization Schedule,
but no failure to provide or delay in providing the Borrower with such copy shall affect
any of the obligations of the Borrower under this Agreement or the other WIFIA Loan
Documents. The WIFIA Lender may also, from time to time or when so requested by the
Borrower, advise the Borrower by written notice of the amount of the WIFIA Loan Balance
as of the date of such notice. Absent manifest error, the WIFIA Lender’s determination of
the WIFIA Loan Balance and all matters as set forth on the WIFIA Loan Amortization
Schedule shall be deemed conclusive evidence thereof; provided, that neither the failure to
make any such determination, modification, or recordation nor any error in such
determination, modification, or recordation shall affect in any manner the Borrower’s
obligations hereunder or under any other WIFIA Loan Document.
(ii) The Borrower shall have the right to propose adjustments to the
WIFIA Loan Amortization Schedule exercisable once on or prior to the date that is one
hundred twenty (120) days preceding the first Principal Payment Date, such adjustments
to be submitted by the Borrower to the WIFIA Lender in the form of an updated Exhibit
C (WIFIA Debt Service), together with (A) an explanation setting out the reason for such
proposed adjustments (such as material unforeseen changes to the Project schedule, costs,
or the Borrower’s funding strategy), and (B) an updated rating affirmation or current public
rating from a Nationally Recognized Rating Agency on the WIFIA Loan (or other Parity
Obligations, as the WIFIA Lender may agree) demonstrating the Borrower’s continued
creditworthiness; provided that (x) the form of and any adjustment to the WIFIA Loan
Amortization Schedule, together with the Borrower’s explanation and the rating
affirmation, shall be acceptable to the WIFIA Lender, (y) the weighted average life of the
WIFIA Loan shall not exceed forty-two (42) years measured as of the initial Disbursement
date and (z) the WIFIA Loan Amortization Schedule shall comply with all applicable
requirements under this Agreement and law. Such revised WIFIA Loan Amortization
Schedule shall become effective upon the approval by the WIFIA Lender in its sole
discretion.
Section 9. Prepayment.
(a) Optional Prepayments. The Borrower may prepay the WIFIA Loan, without
penalty or premium, (i) in full on any date on or after the Final Disbursement Date or (ii) in part
on any Payment Date on or after the Final Disbursement Date (and, if in part, the amounts thereof
to be prepaid shall be determined by the Borrower; provided, that such prepayment shall be in
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3964889.6 047899 CTR
principal amounts of $500,000 or any integral multiple of $1.00 in excess thereof), in each case
from time to time but not more than once annually in accordance with 33 U.S.C. § 3908(c)(4)(A).
The Borrower may make such prepayment by paying to the WIFIA Lender such principal amount
of the WIFIA Loan to be prepaid, together with the unpaid interest accrued on the amount of
principal so prepaid to the date of such prepayment and all fees and expenses then due and payable
to the WIFIA Lender. Each prepayment of the WIFIA Loan pursuant to this Section 9(a) shall be
made on such date and in such principal amount as shall be specified by the Borrower in a written
notice, signed by the Borrower’s Authorized Representative and delivered to the WIFIA Lender
not less than thirty (30) days prior to the requested date of prepayment, unless otherwise agreed
by the WIFIA Lender. At any time between delivery of such written notice and the applicable
optional prepayment, the Borrower may, without penalty or premium, rescind its announced
optional prepayment by further written notice to the WIFIA Lender. Anything in this Section 9(a)
to the contrary notwithstanding, the failure by the Borrower to make any optional prepayment shall
not constitute a breach or default under this Agreement.
(b) General Prepayment Instructions. Upon the WIFIA Lender’s receipt of
confirmation that payment in full in immediately available funds of the entire WIFIA Loan
Balance and any unpaid interest, fees and expenses with respect thereto has occurred as a result of
a prepayment, the WIFIA Lender shall surrender the WIFIA Bond to the Borrower or its authorized
representative, by mail in accordance with Section 31 (Notices) or as otherwise agreed between
the parties hereto. If the Borrower prepays only part of the unpaid balance of principal of the
WIFIA Loan, the WIFIA Lender may make a notation on the WIFIA Loan Amortization Schedule
indicating the amount of principal of and interest on the WIFIA Loan then being prepaid. Absent
manifest error, the WIFIA Lender’s determination of such matters as set forth on an updated
WIFIA Loan Amortization Schedule shall be conclusive evidence thereof; provided, that neither
the failure to make any such recordation nor any error in such recordation shall affect in any
manner the Borrower’s obligations hereunder or under any other WIFIA Loan Document. All
partial prepayments of principal shall be applied to reduce the WIFIA Loan Balance such that the
remaining scheduled principal payments for the WIFIA Loan set out in the WIFIA Loan
Amortization Schedule are reduced substantially pro rata. If such funds have not been so paid on
the prepayment date, such principal amount of the WIFIA Loan shall continue to bear interest until
payment thereof at the rate provided for in Section 6 (Interest Rate).
Section 10. Fees and Expenses.
(a) Fees. The Borrower shall pay to the WIFIA Lender:
(i) the Servicing Set-Up Fee, which shall be due and payable within
thirty (30) days after receipt by the Borrower of an invoice from the WIFIA Lender with
respect thereto (or, if earlier, the date of the first Disbursement of the WIFIA Loan);
(ii) the Construction Period Servicing Fee, which shall accrue on the
first Business Day of the then-current Federal Fiscal Year and shall be due and payable on
or prior to each November 15 during the period beginning from the Effective Date through
(and including) the end of the Federal Fiscal Year during which the Substantial Completion
Date occurs; provided, that the Initial Construction Period Servicing Fee shall be due and
payable within thirty (30) days after receipt by the Borrower of an invoice from the WIFIA
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3964889.6 047899 CTR
Lender with respect thereto (or, if earlier, the date of the first Disbursement of the WIFIA
Loan); and
(iii) the Operating Period Servicing Fee, which shall accrue on the first
Business Day of the then-current Federal Fiscal Year and shall be due and payable on or
prior to each November 15, beginning with the first November 15 following the end of the
Federal Fiscal Year during which the Substantial Completion Date occurs, until (and
including) the Final Maturity Date; provided, that the Operating Period Servicing Fee due
and payable with respect to the Federal Fiscal Year during which the Final Maturity Date
occurs shall be equal to the pro-rata monthly portion of the then applicable Operating
Period Servicing Fee multiplied by the number of partial or whole months remaining
between October 1 and the Final Maturity Date.
(b) The amount of each Construction Period Servicing Fee (other than the
Initial Construction Period Servicing Fee) and each Operating Period Servicing Fee shall be
adjusted in proportion to the percentage change in CPI for the calendar year immediately preceding
the calendar year during which such fee is due. The WIFIA Lender shall notify the Borrower of
the amount of each such fee at least thirty (30) days before payment is due, which determination
shall be conclusive absent manifest error.
(c) Expenses. The Borrower agrees, whether or not the transactions hereby
contemplated shall be consummated, to reimburse the WIFIA Lender on demand from time to
time, within thirty (30) days after receipt by the Borrower of any invoice from the WIFIA Lender,
for any and all fees, costs, charges, and expenses incurred by it (including the fees, costs, and
expenses of its legal counsel, financial advisors, auditors and other consultants and advisors) in
connection with the negotiation, preparation, execution, delivery, and performance of this
Agreement and the other WIFIA Loan Documents and the transactions hereby and thereby
contemplated, including attorneys’, and engineers’ fees and professional costs, including all such
fees, costs, and expenses incurred as a result of or in connection with: (i) the enforcement of or
attempt to enforce, or the monitoring, protection or preservation of any right or claim under, the
Liens on the Pledged Collateral or any provision of this Agreement or any of the other WIFIA
Loan Documents or the rights of the WIFIA Lender thereunder; (ii) any amendment, modification,
re-execution, waiver, or consent with respect to this Agreement or any other WIFIA Loan
Document; and (iii) any work-out, restructuring, or similar arrangement of the obligations of the
Borrower under this Agreement or the other WIFIA Loan Documents, including during the
pendency of any Event of Default.
(d) The obligations of the Borrower under this Section 10 shall survive the
payment or prepayment in full or transfer of the WIFIA Loan, the enforcement of any provision
of this Agreement or the other WIFIA Loan Documents, any amendments, waivers or consents
with respect thereto, any Event of Default, and any workout, restructuring, or similar arrangement
of the obligations of the Borrower under this Agreement or the other WIFIA Loan Documents.
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3964889.6 047899 CTR
ARTICLE III
CONDITIONS PRECEDENT
Section 11. Conditions Precedent.
(a) Conditions Precedent to Effectiveness. Notwithstanding anything in this
Agreement to the contrary, this Agreement shall not become effective until each of the following
conditions precedent has been satisfied or waived in writing by the WIFIA Lender in its sole
discretion:
(i) The Borrower shall have duly executed and delivered to the WIFIA
Lender this Agreement, the WIFIA Bond, the WIFIA Bond Ordinance and the WIFIA
Term Sheet, each in form and substance satisfactory to the WIFIA Lender.
(ii) The Borrower shall have delivered to the WIFIA Lender complete
and fully executed copies of (A) the Parity Obligation Documents with respect to the
Existing Parity Obligations, and (B) any Other Financing Document with respect to which
all or a portion of the proceeds are or will be applied to fund all or any portion of Total
Project Costs, in each case that has been entered into on or prior to the Effective Date,
along with a certification in the Closing Certificate that each such document is complete,
fully executed and in full force and effect, and that all conditions contained in the Related
Documents that are necessary to the closing of the WIFIA transaction contemplated hereby
(if any) have been fulfilled.
(iii) The Borrower shall have delivered to the WIFIA Lender fully
executed copies of each Existing Construction Contract, together with any amendments,
waivers or modifications thereto.
(iv) Counsel to the Borrower shall have rendered to the WIFIA Lender
legal opinions satisfactory to the WIFIA Lender in its sole discretion (including those
opinions set forth on Exhibit H-1 (Opinions Required from General Counsel to Borrower))
and bond counsel to the Borrower shall have rendered to the WIFIA Lender legal opinions
satisfactory to the WIFIA Lender in its sole discretion (including those opinions set forth
on Exhibit H-2 (Opinions Required from Bond Counsel to Borrower)).
(v) The Borrower shall have delivered to the WIFIA Lender a
certificate, signed by the Borrower’s Authorized Representative, substantially in the form
attached hereto as Exhibit B (Form of Closing Certificate) (the “Closing Certificate”),
designating the Borrower’s Authorized Representative, confirming such person’s position
and incumbency, and certifying as to the satisfaction of the certain conditions precedent
(and, if requested by the WIFIA Lender, has provided evidence satisfactory to the WIFIA
Lender of such satisfaction), including the following:
(A) as of the Effective Date, (1) the Maximum Principal
Amount, together with the amount of any other credit assistance provided
under the Act to the Borrower, does not exceed eighty percent (80%) of
reasonably anticipated Eligible Project Costs; (2) the aggregate amount of
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3964889.6 047899 CTR
Eligible Project Costs previously incurred prior to the Effective Date does
not exceed twenty percent (20%) of Eligible Project Costs; and (3) the total
federal assistance provided to the Project, including the Maximum Principal
Amount, does not exceed eighty percent (80%) of Total Project Costs;
(B) the Borrower is in compliance with NEPA and any
applicable federal, state or local environmental review and approval
requirements with respect to the Project;
(C) the Borrower has (1) obtained a FEIN (as evidenced by the
delivery of a copy of the Borrower’s W-9), (2) obtained a UEI, and (3)
registered with SAM and obtained confirmation of active SAM registration
status;
(D) the Borrower has obtained the WIFIA CUSIP Number;
(E) the representations and warranties of the Borrower set forth
in this Agreement and in each other WIFIA Loan Document to which the
Borrower is a party are true and correct on and as of the date hereof, except
to the extent that such representations and warranties expressly relate to an
earlier date, in which case such representations and warranties were true and
correct as of such earlier date; and
(F) no Material Adverse Effect, or any event or condition that
could reasonably be expected to have a Material Adverse Effect, has
occurred or arisen since the date of the Application.
(vi) The Borrower shall have provided evidence to the WIFIA Lender’s
satisfaction, prior to the Effective Date, of the assignment by at least one (1) Nationally
Recognized Rating Agency of a public Investment Grade Rating on the WIFIA Loan, along
with a certification in the Closing Certificate that no such rating has been reduced,
withdrawn or suspended as of the Effective Date.
(vii) The Borrower shall have delivered to the WIFIA Lender the Public
Benefits Report.
(viii) The Borrower shall have paid in full all invoices delivered by the
WIFIA Lender to the Borrower as of the Effective Date for any applicable Servicing Fees
and the fees and expenses of the WIFIA Lender’s counsel and financial advisors and any
auditors or other consultants retained by the WIFIA Lender for the purposes hereof.
(ix) The Borrower shall have delivered to the WIFIA Lender complete
and fully executed copies of all Commission Agreements that have been entered into on or
prior to the Effective Date, together with any amendments, waivers or modifications
thereto.
(b) Conditions Precedent to Disbursements. Notwithstanding anything in this
Agreement to the contrary, the WIFIA Lender shall have no obligation to make any Disbursement
26
3964889.6 047899 CTR
of the WIFIA Loan to the Borrower (including the initial Disbursement hereunder) until each of
the following conditions precedent has been satisfied or waived in writing by the WIFIA Lender
in its sole discretion:
(i) The Borrower shall have delivered to the WIFIA Lender a
Requisition that complies with the provisions of Section 4 (Disbursement Conditions),
Schedule IV (Requisition Procedures) and Exhibit D (Form of Requisition), including
satisfactory Eligible Project Costs Documentation relating to such Requisition. The
Borrower’s Authorized Representative shall also certify in such Requisition that:
(A) at the time of, and immediately after giving effect to, any
Disbursement of WIFIA Loan proceeds then currently requested, (1) no
Default or Event of Default and no event of default under any other Related
Document has occurred and is continuing and (2) no event that, with the
giving of notice or the passage of time or both, would constitute an event of
default under any other Related Document, has occurred and is continuing;
(B) no Material Adverse Effect, or any event or condition that
could reasonably be expected to result in a Material Adverse Effect, has
occurred since the Effective Date;
(C) the aggregate amount of all Disbursements (including the
requested Disbursement amount but excluding any interest that is
capitalized in accordance with the terms hereof) does not exceed (1) the
Maximum Principal Amount or (2) the amount of Eligible Project Costs
paid or incurred by the Borrower;
(D) the Eligible Project Costs for which reimbursement or
payment is being requested has not been reimbursed or paid by any previous
disbursement of (1) WIFIA Loan proceeds or (2) any other source of
funding for the Project as identified in the Project Budget;
(E) (1) the Borrower has complied, and has required the
Commission and each of the Borrower’s and the Commission’s respective
contractors and subcontractors at all tiers with respect to the Project to
comply, with all applicable laws, rules, regulations and requirements,
including 40 U.S.C. §§ 3141-3144, 3146, and 3147 (relating to Davis-
Bacon Act requirements) (and regulations relating thereto) and 33 U.S.C. §
3914 (relating to American iron and steel products); and (2) supporting
documentation, such as certified payroll records and certifications for all
iron and steel products used for the Project, are being maintained and are
available for review upon request by the WIFIA Lender;
(F) the representations and warranties of the Borrower set forth
in this Agreement and in each other WIFIA Loan Document are true and
correct as of each date on which any disbursement of the WIFIA Loan is
made, except to the extent such representations and warranties expressly
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3964889.6 047899 CTR
relate to an earlier date (in which case, such representations and warranties
are true and correct as of such earlier date);
(G) the Borrower has delivered all required deliverables under
and in compliance with the requirements of Schedule V (Reporting
Requirements), except as has been otherwise agreed by the WIFIA Lender;
and
(H) the amount being requested for Disbursement is with respect
to Eligible Project Costs for which all or a portion of the Eligible Project
Costs Documentation was previously submitted to and approved by the
WIFIA Lender in accordance with Schedule IV (Requisition Procedures)
and Schedule V (Reporting Requirements) of the WIFIA Loan Agreement,
and/or the Borrower has set out in the Requisition (or attached separately to
the Requisition) a summary of any Eligible Project Costs that have not
otherwise been previously submitted to the WIFIA Lender for approval,
together with supporting Eligible Project Costs Documentation.
(ii) If applicable, to the extent necessary to make the representations and
warranties in Section 12(f) (Litigation) and Section 12(j)(iii)(Compliance with Laws) true,
correct and complete as of the date of the applicable Disbursement, the Borrower shall have
delivered an updated Schedule III (Borrower Disclosures) in form and substance
acceptable to the WIFIA Lender.
(iii) The Borrower shall have paid in full (A) any outstanding Servicing
Fees due and payable under Section 10 (Fees and Expenses) and (B) all invoices delivered
by the WIFIA Lender to the Borrower, for the fees and expenses of the WIFIA Lender’s
counsel and financial advisors and any auditors or other consultants retained by the WIFIA
Lender for the purposes hereof.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES
Section 12. Representations and Warranties of Borrower. The Borrower hereby
represents and warrants that, as of the Effective Date and, as to each of the representations and
warranties below other than those contained in Section 12(b) (Officers’ Authorization), Section
12(k) (Credit Ratings) and the first sentence of Section 12(m) (Construction Contracts), as of each
date on which any Disbursement of the WIFIA Loan is requested or made:
(a) Organization; Power and Authority. The Borrower is a Legal Entity duly
organized and validly existing under its Organizational Documents and the laws of the State, has
full legal right, power and authority to do business in the State and to enter into the WIFIA Loan
Documents then in existence, to execute and deliver this Agreement and the WIFIA Bond, and to
carry out and consummate all transactions contemplated hereby and thereby and has duly
authorized the execution, delivery and performance of this Agreement, the WIFIA Bond, and the
other WIFIA Loan Documents. Other than such Organizational Documents and the WIFIA Bond
Ordinance, there are no additional instruments or documents necessary for the Borrower to execute
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3964889.6 047899 CTR
and deliver, or to perform its obligations under, the WIFIA Loan Documents to which it is a party
and to consummate and implement the transactions contemplated by the WIFIA Loan Documents.
(b) Officers’ Authorization. As of the Effective Date, the officers of the
Borrower executing (or that previously executed) the WIFIA Loan Documents, and any
certifications or instruments related thereto, to which the Borrower is a party are (or were at the
time of such execution) duly and properly in office and fully authorized to execute the same.
(c) Due Execution; Enforceability. Each of the WIFIA Loan Documents in
effect as of any date on which this representation and warranty is made, and to which the Borrower
is a party, has been duly authorized, executed and delivered by the Borrower and constitutes the
legal, valid and binding agreement of the Borrower enforceable against the Borrower in
accordance with its terms, except as such enforceability (i) may be limited by applicable
bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the rights of creditors
generally and (ii) is subject to general principles of equity (regardless of whether enforceability is
considered in equity or at law).
(d) Non-Contravention. The execution and delivery of the WIFIA Loan
Documents to which the Borrower is a party, the consummation of the transactions contemplated
by the WIFIA Loan Documents, and the fulfillment of or compliance with the terms and conditions
of all of the WIFIA Loan Documents, do not and will not (i) conflict with the Borrower’s
Organizational Documents, (ii) conflict in any material respect with, or constitute a violation,
breach or default (whether immediately or after notice or the passage of time or both) by the
Borrower of or under, any applicable law, administrative rule or regulation, any applicable court
or administrative decree or order, or any indenture, mortgage, deed of trust, loan agreement, lease,
contract or other agreement or instrument to which the Borrower is a party or by which it or its
properties or assets are otherwise subject or bound, or (iii) result in the creation or imposition of
any Lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of
the Borrower, other than Permitted Liens.
(e) Consents and Approvals. All Governmental Approvals required as of the
Effective Date and required as of any subsequent date on which this representation is made (or
deemed made) for the undertaking, construction and completion of the Project and the operation
and maintenance of the System, and for the Borrower to execute and deliver and perform its
obligations under the WIFIA Loan Documents, the Construction Contracts and the Commission
Agreements, have been obtained or effected and are in full force and effect. The Borrower is not
in default with respect to any Governmental Approval, which default could reasonably be expected
to result in a Material Adverse Effect. To the Borrower’s knowledge, the Commission is not in
default with respect to any Governmental Approval, which default could reasonably be expected
to result in a Material Adverse Effect. No consent or approval of any trustee, holder of any
indebtedness of the Borrower or any other Person is necessary in connection with the execution,
delivery, and performance by the Borrower of the WIFIA Loan Documents and the consummation
of any transaction contemplated thereunder, except as have been obtained or made and as are in
full force and effect.
(f) Litigation. Except as set forth in Part B of Schedule III (Borrower
Disclosures), there is no action, suit, proceeding or, to the knowledge of the Borrower, any inquiry
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3964889.6 047899 CTR
or investigation, in any case before or by any court or other Governmental Authority pending or,
to the knowledge of the Borrower, threatened against or affecting the System, the Project or the
ability of the Borrower to execute, deliver and perform its obligations under the WIFIA Loan
Documents or that in any case could reasonably be expected to result in a Material Adverse Effect.
(g) Security Interests. (i) The WIFIA Loan Documents and the Organizational
Documents together establish, and (ii) the Borrower has taken all necessary action to pledge,
assign, and grant, in each case for the benefit of the WIFIA Lender, legal, valid, binding and
enforceable Liens on the Pledged Collateral purported to be created, pledged, assigned, and
granted pursuant to and in accordance with the WIFIA Loan Documents, irrespective of whether
any Person has notice of the pledge and without the need for any physical delivery, recordation,
filing, or further act, and if applicable, the security interests created in the Pledged Collateral have
been duly perfected under applicable State law. Such Liens are in full force and effect and, with
respect to the Pledged Revenues, are not subordinate or junior to any other Liens on the Pledged
Revenues and are not pari passu with any Liens other than the Liens on the Pledged Revenues in
favor of the other Parity Obligations. No holder of System Obligations or other indebtedness of
the Borrower other than the WIFIA Lender has any Lien on or right to the Pledged Taxes or any
portion thereof. The Borrower is not in breach of any covenant set forth in Section 14(c) (Securing
Liens) or in any Parity Obligation Document with respect to the matters described in Section 14(c)
(Securing Liens). As of the Effective Date and as of each other date this representation and
warranty is made, (A) all documents and instruments have been recorded or filed for record in
such manner and in such places as are required and all other action as is necessary or desirable has
been taken to establish legal, valid, binding, and enforceable and, if applicable, perfected, Liens
on the Pledged Collateral in favor of the WIFIA Lender to the extent contemplated by the WIFIA
Loan Documents, and (B) all taxes and filing fees that are due and payable in connection with the
execution, delivery or recordation of any WIFIA Loan Document or any instruments, certificates
or financing statements in connection with the foregoing, have been paid. Neither the attachment,
validity, enforceability, priority or, if applicable, perfection, of the security interest in the Pledged
Collateral granted pursuant to the WIFIA Loan Documents is governed by Article 9 of the UCC.
(h) No Debarment. The Borrower has fully complied with its verification
obligations under 2 C.F.R. § 180.320 and confirms, based on such verification, that, to its
knowledge, neither the Borrower nor any of its principals (as defined in 2 C.F.R. § 180.995 and
supplemented by 2 C.F.R § 1532.995) (i) is debarred, suspended or voluntarily excluded from
participation in Government contracts, procurement or non-procurement matters, (ii) is presently
indicted for or otherwise criminally or civilly charged by a Governmental Authority with
commission of any of the offenses contemplated by 2 C.F.R. Part 180 or 2 C.F.R. Part 1532; or
(iii) has, within the three (3) year period preceding the Effective Date, (x) been convicted for or
had a civil judgment rendered against it or them for any of such offenses within such period or (y)
had any public transactions (federal, state or local) terminated for cause or default.
(i) No Lobbying. Pursuant to 31 U.S.C. § 1352, to the best of the Borrower’s
knowledge and belief, (A) no Federal appropriated funds have been paid or will be paid, by or on
behalf of the Borrower, to any Person for influencing or attempting to influence an officer or
employee of an agency, a member (or employee of a member), officer, or employee of the U.S.
Congress, in connection with the making of the WIFIA Loan, execution (including amendments
or modifications) of the WIFIA Loan Documents, or any other federal action under 31 U.S.C. §
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3964889.6 047899 CTR
1352(a)(2); and (B) if any funds other than Federal appropriated funds have been paid or will be
paid to any Person for influencing or attempting to influence an officer or employee of any agency,
a member (or employee of a member), officer, or employee of the U.S. Congress in connection
with the WIFIA Loan, the Borrower has completed and submitted to the WIFIA Lender Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(j) Compliance with Laws.
(i) The Borrower has complied, and has required the Commission and
each of the Borrower’s and the Commission’s respective contractors and subcontractors at
all tiers with respect to the Project to comply, with all applicable laws, rules, regulations
and requirements, including 40 U.S.C. §§ 3141-3144, 3146, and 3147 (relating to Davis-
Bacon Act requirements) (and regulations relating thereto), 33 U.S.C. § 3914 (relating to
American iron and steel products), 2 C.F.R. § 180.320 and 2 C.F.R. Part 1532 (relating to
non-debarment), 31 U.S.C. § 1352 and 40 C.F.R. § 34.100 (relating to non-lobbying), and
any applicable Sanctions Laws.
(ii) To ensure such compliance, the Borrower has included in all
contracts with respect to the Project, and has caused the Commission to include in all
contracts with respect to the Project, (A) the contract clauses relating to applicable federal
requirements (such as Davis-Bacon) and (B) requirements that contractors (1) shall comply
with all applicable laws, rules, regulations, and requirements set forth in this Section 12(j)
and follow applicable federal guidance and (2) incorporate in all subcontracts (and cause
all subcontractors to include in lower tier subcontracts) such terms and conditions as are
required to be incorporated therein by any applicable laws, rules, regulations and
requirements set forth in this Section 12(j).
(iii) Except as set forth in Part C of Schedule III (Borrower
Disclosures), (A) the Borrower is in compliance with all laws applicable to the System
(including the Project) relating to environmental, health or safety matters and (B) to the
Borrower’s knowledge and solely with respect to the Project, the Commission is in
compliance with all laws applicable to the Project relating to environmental, health or
safety matters.
(k) Credit Ratings. The WIFIA Loan has received a public Investment Grade
Rating from at least one (1) Nationally Recognized Rating Agency, written evidence of such rating
has been provided to the WIFIA Lender prior to the Effective Date, and such rating has not been
reduced, withdrawn or suspended as of the Effective Date.
(l) No Defaults. No Default or Event of Default, and no default or event of
default by the Borrower under any other Related Document, has occurred and is continuing.
(m) Construction Contracts. Part C of Schedule II (Project Details) sets forth
a list of the Existing Construction Contracts as of the Effective Date. With respect to each
Construction Contract executed as of any date on which this representation and warranty is made,
such Construction Contract is in full force and effect.
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3964889.6 047899 CTR
(n) Information. The information furnished by, or on behalf of, the Borrower
to the WIFIA Lender, when taken as a whole, is true and correct in all material respects (other than
for projections and other forward-looking statements contained in the Base Case Financial Model
and any Updated Financial Model/Plan which have been made in good faith and based on
reasonable assumptions) and does not contain any untrue statement of a material fact or omit to
state any material fact necessary to make the statements contained therein, in light of the
circumstances under which they were made, not misleading as of the date made or furnished.
(o) Insurance. The Borrower is in compliance with all insurance obligations
required under each Construction Contract and the WIFIA Loan Documents (including Section
14(g) (Insurance) hereof) as of the date on which this representation and warranty is made. To the
extent the Borrower self-insures, the Borrower’s self-insurance program is actuarially sound.
(p) No Prohibited Liens. Except for Permitted Liens, the Borrower has not
created, and is not under any obligation to create, and has not entered into any transaction or
agreement that would result in the imposition of, any Lien on the Pledged Collateral, the System,
the Project, the Revenues or the Borrower’s respective rights in any of the foregoing.
(q) Financial Statements. Each income statement, balance sheet and statement
of operations and cash flows (collectively, “Financial Statements”) delivered to the WIFIA
Lender pursuant to Part B of Schedule V (Reporting Requirements) has been prepared in
accordance with GAAP and presents fairly, in all material respects, the financial condition
(including any liabilities or obligations that are required to be disclosed in accordance with GAAP)
of the Borrower as of the respective dates of the balance sheets included therein and the results of
operations of the Borrower for the respective periods covered by the statements of income included
therein.
(r) Securities Laws. Under existing law, the WIFIA Bond may be issued and
sold without registration under the Securities Act of 1933, as amended, and any State blue sky
laws.
(s) No Delinquent Taxes or Federal Debt. The Borrower has paid all applicable
taxes and other material taxes and assessments payable by it that have become due (other than
those taxes or assessments that it is contesting in good faith and by appropriate proceedings, for
which adequate reserves have been established to the extent required by GAAP). The Borrower
has no delinquent federal debt (including tax liabilities but excluding any delinquencies that have
been resolved with the appropriate federal agency in accordance with the standards of the Debt
Collection Improvement Act of 1996).
(t) Sufficient Funds. The amount of the WIFIA Loan, when combined with all
other funds committed for the development and construction of the Project as set forth under the
various sources of funds in the Project Budget, will be sufficient to carry out the Project, pay all
Total Project Costs anticipated for the development and construction of the Project and achieve
Substantial Completion by the Projected Substantial Completion Date. The total federal assistance
provided to the Project, including the Maximum Principal Amount, does not exceed eighty percent
(80%) of Total Project Costs. The Updated Financial Model/Plan most recently delivered to the
WIFIA Lender pursuant to Part A of Schedule V (Reporting Requirements) demonstrates that the
32
3964889.6 047899 CTR
projected Revenues are sufficient to meet the WIFIA Loan Amortization Schedule. The Borrower
has developed, and identified adequate revenues to implement, a plan for operating, maintaining,
and repairing the Project over the useful life of the Project.
(u) Sovereign Immunity. The Borrower either has no immunity from the
jurisdiction of any court of competent jurisdiction or from any legal process therein which could
be asserted in any action to enforce the obligations of the Borrower under any of the WIFIA Loan
Documents to which it is a party or the transactions contemplated hereby or thereby, including the
obligations of the Borrower hereunder and thereunder, or, to the extent that the Borrower has such
immunity, the Borrower has waived such immunity pursuant to Section 14(n) (Immunity).
(v) Accuracy of Representations and Warranties. The representations,
warranties and certifications of the Borrower set forth in this Agreement and the other WIFIA
Loan Documents are true, correct, and complete, except to the extent such representations and
warranties expressly relate to an earlier date (in which case, such representations and warranties
shall be true, correct, and complete as of such earlier date).
(w) Sufficient Rights. The Borrower possesses either valid legal and beneficial
title to, leasehold title in, or other valid legal rights with respect to the real property relating to the
System (including the Project), in each case as is necessary and sufficient as of the date this
representation is made for the construction, operation, maintenance and repair of the System
(including the Project). As of any date on which this representation and warranty is made, the
Construction Contracts and Commission Agreements then in effect and the Governmental
Approvals that have been obtained and are then in full force and effect create rights in the Borrower
sufficient to enable the Borrower to own, construct, operate, maintain and repair the System
(including the Project) and to perform its obligations under the Construction Contracts then in
effect to which it is a party. The Borrower has water rights with such amounts, priorities and
qualities as are necessary to service adequately the Borrower’s customers.
(x) Commission Agreements. As of the Effective Date and as of each date this
representation and warranty is made (or deemed made), the Borrower has delivered to the WIFIA
Lender (i) a fully executed, complete and correct copy of each Commission Agreement then in
effect, including any amendments, waivers or modifications thereto, and (ii) each such agreement
is in full force and effect. No event has occurred that gives the Borrower or, to the Borrower’s
knowledge, the Commission or any other party to any Commission Agreements the right to
terminate any such Commission Agreement. The Borrower is not in breach of any material term
of or in default under any Commission Agreement and, to the Borrower’s knowledge, neither the
Commission nor any other party to any Commission Agreement is in breach of any material term
of or in default under any Commission Agreement.
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Section 13. Representations and Warranties of WIFIA Lender. The WIFIA Lender
represents and warrants that:
(a) Power and Authority. The WIFIA Lender has all requisite power and
authority to make the WIFIA Loan and to perform all transactions contemplated by the WIFIA
Loan Documents to which it is a party.
(b) Due Execution; Enforceability. The WIFIA Loan Documents to which it is
a party have been duly authorized, executed and delivered by the WIFIA Lender, and are legally
valid and binding agreements of the WIFIA Lender, enforceable against the WIFIA Lender in
accordance with their terms.
(c) Officers’ Authorization. The officers of the WIFIA Lender executing each
of the WIFIA Loan Documents to which the WIFIA Lender is a party are duly and properly in
office and fully authorized to execute the same on behalf of the WIFIA Lender.
ARTICLE V
COVENANTS
Section 14. Affirmative Covenants. The Borrower covenants and agrees as follows
until, subject to such longer periods as are provided for under Section 14(p) (Access; Records)
with respect to the Borrower’s obligations thereunder, the date the WIFIA Bond and all of the
obligations of the Borrower under this Agreement (other than contingent indemnity obligations)
are irrevocably paid in full in immediately available funds and the WIFIA Lender no longer has
any commitment to make Disbursements to the Borrower, unless the WIFIA Lender waives
compliance in writing:
(a) Revenue Covenant.
(i) The Borrower shall comply with all requirements and conditions
specified in the Revenue Covenant.
(ii) If:
(A) the forecast furnished by the Borrower in the most recent
Updated Financial Model/Plan delivered by the Borrower pursuant to Part
A of Schedule V (Reporting Requirements) demonstrates that projected
Pledged Revenues (as described in the Revenue Covenant) may be
inadequate to satisfy the Revenue Covenant for any Borrower Fiscal Year
during the Forecast Period, the Borrower shall propose a remedial course of
action, which plan shall demonstrate to the WIFIA Lender’s satisfaction
that such plan will generate an equivalent or greater increase to the Pledged
Revenues so as to satisfy the Revenue Covenant; and/or
(B) the Borrower fails to satisfy the Revenue Covenant for the
most recently ended Borrower Fiscal Year, the Borrower shall (x) within
thirty (30) days after request by the WIFIA Lender, engage the Technical
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3964889.6 047899 CTR
and Rate Consultant to review and analyze the operations of the System and
recommend actions regarding revising the rates or changing the methods of
operations, or any other actions to increase the Pledged Revenues so as to
satisfy the Revenue Covenant, (y) cause the Technical and Rate Consultant
to issue its report, including any such recommended actions, no later than
ninety (90) days following such engagement, and (z) either, within sixty
(60) days following the issuance of the Technical and Rate Consultant’s
report, (1) implement the Technical and Rate Consultant’s
recommendations or (2) undertake an alternative course of action after
demonstrating to the WIFIA Lender’s satisfaction that an alternative plan
will generate an equivalent or greater increase to the Pledged Revenues so
as to satisfy the Revenue Covenant.
(b) Levy of Taxes. The Borrower shall levy, extend and collect the Pledged
Taxes for the payment of the WIFIA Bond, subject only to the Borrower’s right pursuant to the
WIFIA Bond Ordinance to abate the levy of the Pledged Taxes to the extent of the funding of the
Water Fund from the Pledged Revenues for the payment of WIFIA Debt Service.
(c) Securing Liens. The Borrower shall at any and all times, to the extent
permitted by law, pass, make, do, execute, acknowledge and deliver, all and every such further
resolutions, acts, deeds, conveyances, assignments, transfers and assurances as may be necessary
or desirable in connection with assuring, conveying, granting, assigning, securing and confirming
the Liens on the Pledged Collateral (whether now existing or hereafter arising) granted to the
WIFIA Lender for its benefit pursuant to the WIFIA Loan Documents, or intended so to be granted
pursuant to the WIFIA Loan Documents, or which the Borrower may become bound to grant. The
Borrower shall at all times maintain the Pledged Collateral free and clear of any Lien that has
priority over, or equal rank with, the Liens created by the WIFIA Loan Documents, other than
Permitted Liens, and all organizational, regulatory or other necessary action on the part of the
Borrower to that end shall be duly and validly taken at all times. The Borrower shall at all times,
to the extent permitted by law, defend, preserve and protect the Liens on the Pledged Collateral
granted pursuant to the WIFIA Loan Documents and for the benefit of the WIFIA Lender under
the WIFIA Loan Documents against all claims and demands of all Persons whomsoever, subject
to Permitted Liens.
(d) Use of Proceeds. The Borrower shall use the proceeds of the WIFIA Loan
solely to pay Eligible Project Costs as permitted by applicable law, this Agreement and the other
WIFIA Loan Documents.
(e) Prosecution of Work; Verification Requirements.
(i) The Borrower shall, and shall cause the Commission to, diligently
prosecute the work relating to the Project and complete the Project in accordance with the
Construction Schedule (and on or prior to the Development Default Date), the
Governmental Approvals in connection with the Project, and prudent utility and industry
practice.
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3964889.6 047899 CTR
(ii) The Borrower shall comply with Subpart C of 2 C.F.R. Part 180, as
supplemented by Subpart C of 2 C.F.R. Part 1532 (relating to debarment), including the
verification requirements set forth in 2 C.F.R. §§ 180.300 and 180.320, and shall include
in its contracts with respect to the Project similar terms or requirements for compliance.
(f) Operations and Maintenance. The Borrower shall operate and maintain the
System (including the Project) substantially in accordance with the Updated Financial Model/Plan
most recently delivered by the Borrower to the WIFIA Lender pursuant to Part A of Schedule V
(Reporting Requirements) and its operations and maintenance plan (that incorporates the Project).
The Borrower shall operate and maintain the System (including the Project) in a reasonable and
prudent manner and in good repair, working order and condition and in accordance with the
requirements of all applicable laws and each applicable WIFIA Loan Document. The Borrower
shall at all times do or cause to be done all things necessary to obtain, preserve, renew, extend and
keep in full force and effect the Governmental Approvals and any other rights, licenses, franchises,
and authorizations material to the conduct of its business and the operation and maintenance of the
System.
(g) Insurance.
(i) The Borrower shall at all times procure and maintain or cause to be
maintained insurance on the System and the construction of the Project, with responsible
insurers, or as part of a reasonable system of self-insurance that is actuarially sound and
adequately funded, in such amounts and against such risks (including damage to or
destruction of the System) as are customarily maintained with respect to works and
properties of like character against accident to, loss of, or damage to such works or
properties, including insurance against public liability, property damage, workers’
compensation, and builders’ risk, casualty and liability, as appropriate, and otherwise in
accordance with the Parity Obligation Documents, Commission Agreements and
Construction Contracts. The insurance policies shall be available at all reasonable times
for inspection upon request by the WIFIA Lender, its agents and representatives.
(ii) The Borrower shall cause all liability insurance policies that it
maintains (excluding property damage, automobile or workers’ compensation insurance),
to reflect the WIFIA Lender as an additional insured to the extent of its insurable interest.
(h) Maintain Legal Structure. The Borrower shall maintain its existence as a
Legal Entity organized and existing under its Organizational Documents and the laws of the State.
(i) System Accounts; Permitted Investments.
(i) The Borrower shall maintain the System Accounts in accordance
with the terms of the WIFIA Loan Documents and the other Parity Obligation Documents.
All Pledged Revenues received shall be deposited into the Water Fund when and as
received in trust for the benefit of the holders of the Parity Obligations, including the
WIFIA Loan (and corresponding WIFIA Bond). The Borrower shall not apply any portion
of the Revenues in contravention of this Agreement. Any funds then on deposit in the
WIFIA Debt Service Account (if applicable) shall only be used for payments of WIFIA
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3964889.6 047899 CTR
Debt Service by the Borrower in accordance with the WIFIA Loan Documents. All
Pledged Taxes received shall be deposited into the WIFIA Bond Fund when and as
received in trust for the exclusive benefit of the WIFIA Lender.
(ii) If a WIFIA Debt Service Reserve Requirement is applicable as set
forth in Part D of Schedule I (WIFIA Loan Specific Terms), the Borrower shall maintain
the WIFIA Debt Service Reserve Account in an amount equal to the WIFIA Debt Service
Reserve Requirement in accordance with the provisions of this Agreement. Amounts in the
WIFIA Debt Service Reserve Account (if applicable) shall be held in trust for the benefit
of the WIFIA Lender and shall be applied only to make payments with respect to the
WIFIA Bond.
(iii) Amounts on deposit in the System Accounts shall be held
uninvested or invested in Permitted Investments. Permitted Investments must mature or
be redeemable at the election of the holder at such times as may be necessary to ensure that
funds will be available within the applicable account to be applied towards the purpose for
which the applicable account has been established.
(j) Compliance with Laws.
(i) The Borrower shall, and shall require the Commission and each of
the Borrower’s and the Commission’s respective contractors and subcontractors at all tiers
with respect to the Project to, comply with all applicable laws, rules, regulations and
requirements, including 40 U.S.C. §§ 3141-3144, 3146, and 3147 (relating to Davis-Bacon
Act requirements) (and regulations relating thereto), 33 U.S.C. § 3914 (relating to
American iron and steel products), 2 C.F.R. § 180.320 and 2 C.F.R. Part 1532 (relating to
non-debarment), 31 U.S.C. § 1352 (relating to non-lobbying), and any applicable Sanctions
Laws.
(ii) To ensure such compliance, the Borrower shall include in all
contracts with respect to the Project, and shall cause the Commission to include in all
contracts with respect to the Project, (A) the contract clauses relating to applicable federal
requirements (such as Davis-Bacon) and (B) requirements that its contractors (1) shall
comply with all applicable laws, rules, regulations, and requirements set forth in this
Section 14(j) and follow applicable federal guidance and (2) incorporate in all subcontracts
(and cause all subcontractors to include in lower tier subcontracts) such terms and
conditions as are required to be incorporated therein by any applicable laws, rules,
regulations and requirements set forth in this Section 14(j).
(k) Material Obligations. The Borrower shall pay its material obligations
payable from the Revenues promptly and in accordance with their terms and pay and discharge
promptly all taxes, assessments and governmental charges or levies imposed upon it or upon the
Pledged Collateral or other assets of the System, before the same shall become delinquent or in
default, as well as all lawful and material claims for labor, materials and supplies or other claims
which, if unpaid, might give rise to a Lien upon the System or any part thereof or on the Revenues
or the Pledged Collateral; provided, however, that such payment and discharge shall not be
required with respect to any such tax, assessment, charge, levy, claim or Lien so long as the validity
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3964889.6 047899 CTR
or amount thereof shall be contested by the Borrower in good faith by appropriate proceedings and
so long as the Borrower shall have set aside adequate reserves with respect thereto in accordance
with and to the extent required by GAAP, applied on a consistent basis.
(l) SAM Registration and UEI. The Borrower shall obtain and maintain, on or
prior to the Effective Date through the Final Maturity Date, an active SAM registration status and
a UEI.
(m) Events of Loss; Loss Proceeds. If an Event of Loss shall occur with respect
to the System (including the Project) or any part thereof, the Borrower shall (i) diligently pursue
all of its rights to compensation against all relevant insurers, reinsurers and Governmental
Authorities, as applicable, in respect of such Event of Loss and (ii) apply or cause to be applied all
Loss Proceeds (after excluding any proceeds of delay-in-start-up insurance and proceeds covering
liability of the Borrower to third parties) in respect of such Event of Loss to repair, reconstruct,
and/or replace the portion of the System in respect of which the applicable Loss Proceeds were
received. The Borrower shall begin such repair, reconstruction or replacement promptly after such
damage or destruction shall occur, and shall continue and properly complete such repair,
reconstruction or replacement as expeditiously as possible, and shall pay out of such Loss Proceeds
(after excluding any proceeds of delay-in-start-up insurance and proceeds covering liability of the
Borrower to third parties) all costs and expenses in connection with such repair, reconstruction or
replacement so that the same shall be completed and the System shall be free and clear of all claims
and Liens.
(n) Immunity. To the fullest extent permitted by applicable law, the Borrower
agrees that it will not assert any immunity (and hereby waives any such immunity) it may have as
a governmental entity from lawsuits, other actions and claims, and any judgments with respect to
the enforcement of any of the obligations of the Borrower under this Agreement or any other
WIFIA Loan Document.
(o) Accounting and Audit Procedures.
(i) The Borrower shall establish fiscal controls and accounting
procedures sufficient to assure proper accounting for all (A) Revenues, operating expenses,
capital expenses, depreciation, reserves, debt issued and outstanding and debt payments
and (B) Project-related costs, Requisitions submitted, WIFIA Loan proceeds received,
payments made by the Borrower with respect to the Project, and other sources of funding
for the Project (including amounts paid from such sources for Project costs so that audits
may be performed to ensure compliance with and enforcement of this Agreement). The
Borrower shall use accounting, audit and fiscal procedures conforming to GAAP,
including, with respect to the WIFIA Loan, accounting of principal and interest payments,
disbursements, prepayments and calculation of interest and principal amounts Outstanding.
(ii) The Borrower shall have a single or program-specific audit
conducted in accordance with 2 C.F.R. Part 200 Subpart F and 31 U.S.C. § 7502 from (and
including) the first Borrower Fiscal Year in which a Disbursement is made under this
Agreement and annually thereafter to the extent required by applicable law, except in all
cases to the extent biennial audits are permitted for the Borrower pursuant to 2 C.F.R. §
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3964889.6 047899 CTR
200.504 and 31 U.S.C. § 7502(b). Upon reasonable notice, the Borrower shall cooperate
fully in the conduct of any periodic or compliance audits conducted by the WIFIA Lender,
or designees thereof, pursuant to 40 C.F.R. Part 35, 31 U.S.C. § 7503(b), or 31 U.S.C.
§ 6503(h) and shall provide full access to any books, documents, papers or other records
that are pertinent to the Project or the WIFIA Loan, to the WIFIA Lender, or the designee
thereof, for any such project or programmatic audit.
(p) Access; Records.
(i) So long as the WIFIA Loan or any portion thereof shall remain
Outstanding and until five (5) years after the WIFIA Loan shall have been paid in full, the
WIFIA Lender shall have the right, upon reasonable prior notice, to visit, monitor and/or
inspect any portion of the Project and its operations, to examine books of account and
records of the Borrower relating to the Project, to make copies and extracts therefrom at
the Borrower’s expense, and to discuss the Borrower’s affairs, finances and accounts
relating to the Project with, and to be advised as to the same by, its officers and employees
and its independent public accountants (and by this provision the Borrower irrevocably
authorizes its independent public accountants to discuss with the WIFIA Lender the affairs,
finances and accounts of the Borrower, whether or not any representative of the Borrower
is present, it being understood that nothing contained in this Section 14(p) is intended to
confer any right to exclude any such representative from such discussions), all at such
reasonable times and intervals as the WIFIA Lender may request. The Borrower agrees to
pay all out-of-pocket expenses incurred by the WIFIA Lender in connection with the
WIFIA Lender’s exercise of its rights under this Section 14(p) at any time when an Event
of Default shall have occurred and be continuing.
(ii) The Borrower shall maintain and retain all pertinent files relating to
the Project and the WIFIA Loan, as may be necessary for the WIFIA Lender to facilitate
an effective and accurate audit and performance evaluation of the Project, until five (5)
years after the later of the date on which (A) all rights and duties under this Agreement and
under the WIFIA Bond (including payments) have been fulfilled and any required audits
have been performed and (B) any litigation relating to the Project, the WIFIA Loan or this
Agreement is finally resolved or, if the WIFIA Lender has reasonable cause to extend such
date, a date to be mutually agreed upon by the WIFIA Lender and the Borrower. The
Borrower shall provide to the WIFIA Lender in a timely manner all records and
documentation relating to the Project that the WIFIA Lender may reasonably request from
time to time.
Section 15. Negative Covenants. The Borrower covenants and agrees as follows until
the date the WIFIA Bond and all of the obligations of the Borrower under this Agreement (other
than contingent indemnity obligations) are irrevocably paid in full in immediately available funds
and the WIFIA Lender no longer has any commitment to make Disbursements to the Borrower,
unless the WIFIA Lender waives compliance in writing:
(a) Indebtedness.
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3964889.6 047899 CTR
(i) Program Requirements. The Borrower may not create, incur or
suffer to exist (A) any System Obligations (1) the payments with respect to which are senior
or prior in right to the payment by the Borrower of the WIFIA Loan and the other Parity
Obligations or (2) secured by a Lien on the Pledged Revenues that is senior to the Lien on
the Pledged Revenues in favor of the WIFIA Lender or (B) any System Obligations, all or
a portion of the proceeds of which are or will be applied at any time to fund all or any
portion of Total Project Costs, that are secured by a Lien on any assets or property of the
Borrower other than the Pledged Revenues and, if applicable, ad valorem property taxes
(excluding the Pledged Taxes). The Borrower shall not incur any indebtedness of any kind
payable from, secured or supported by the Pledged Revenues, including Permitted Debt,
without the prior written consent of the WIFIA Lender, while an Event of Default relating
to a Payment Default or a Bankruptcy Related Event has occurred and is continuing.
(ii) Issuance of Additional System Obligations. The Borrower shall not
issue or incur any Additional System Obligations except in accordance with all
requirements and conditions set forth in the Additional Bonds Test.
(b) No Lien Extinguishment or Adverse Amendments. The Borrower shall not,
and shall not permit any Person to, without the prior written consent of the WIFIA Lender, (i)
extinguish the Revenue Covenant; (ii) extinguish or impair the Liens on the Pledged Collateral or
any dedicated source of repayment of the WIFIA Loan or any other System Obligations (the
proceeds of which are applied to fund Total Project Costs), in each case granted pursuant to the
Related Documents; (iii) amend, modify, replace or supplement any Related Document or permit
a waiver of any provision thereof in a manner that could adversely affect the WIFIA Lender or
could reasonably be expected to result in a Material Adverse Effect; or (iv) terminate, assign or
replace any Related Document in a manner that could adversely affect the WIFIA Lender or could
reasonably be expected to have a Material Adverse Effect.
(c) No Prohibited Liens. Except for Permitted Liens, the Borrower shall not
create, incur, assume or permit to exist any Lien on the Project, the Pledged Collateral, the
Revenues, or the Borrower’s respective rights in any of the foregoing and the Pledged Collateral
will be free and clear of any Lien that is of equal rank with or senior to the pledge of the Borrower
created under the WIFIA Loan Documents for the benefit of the WIFIA Lender.
(d) Restricted Payments and Transfers. The Borrower shall not permit Pledged
Revenues or other assets of the System, or any funds in any System Accounts or in any other fund
or account held by or on behalf of the Borrower with respect to the System or the Pledged
Revenues, to be paid or transferred or otherwise applied for purposes other than ownership,
operation or maintenance of the System, including the payment of Permitted Debt.
(e) No Prohibited Sale, Lease or Assignment. The Borrower shall not sell,
lease, assign or otherwise transfer its rights in and to the System or a substantial portion of the
assets included in the System, unless such sale, lease, assignment or transfer (i) could not
reasonably be expected to have a Material Adverse Effect and (ii) is made by the Borrower in the
ordinary course of business.
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3964889.6 047899 CTR
(f) Mergers and Acquisitions. The Borrower shall not, and shall not agree to,
reorganize, consolidate with or merge into another Person unless (i) such reorganization, merger
or consolidation is with or into another entity established by State law and such reorganization,
merger or consolidation is permitted by State law, and in each case, does not adversely affect or
impair to any extent or in any manner (A) the Revenues or other elements of the Pledged Collateral
or (B) the availability of the Revenues for the payment and security of the obligations of the
Borrower under this Agreement; and (ii) the Borrower provides to the WIFIA Lender notice of
such reorganization, consolidation or merger in accordance with Part E of Schedule V (Reporting
Requirements) and such other information concerning such reorganization, consolidation or
merger as shall have been reasonably requested by the WIFIA Lender.
(g) Hedging. The Borrower shall not enter into any swap or hedging
transaction, including any such transaction that is speculative or creates extraordinary leverage or
risk, without the prior written consent of the WIFIA Lender.
Section 16. Reporting Requirements. The Borrower agrees to comply with each of the
reporting requirements set out in Schedule V (Reporting Requirements), unless otherwise agreed
or waived by the WIFIA Lender in writing.
ARTICLE VI
EVENTS OF DEFAULT AND REMEDIES
Section 17. Events of Default and Remedies.
(a) An “Event of Default” shall exist under this Agreement if any of the
following occurs; provided, that the occurrence of an event set forth in sub-clauses (v) through
(and including) (ix) below shall not constitute an Event of Default under this Agreement until the
WIFIA Lender has provided a notice of such Event of Default to the Borrower; provided, further,
that nothing in this paragraph is intended to limit any obligation of the Borrower hereunder,
including any obligation to cure any event or condition contemplated under this Section 17(a):
(i) Payment Default. The Borrower shall fail to pay when due any part
of the principal amount of or interest on the WIFIA Loan (including WIFIA Debt Service
required to have been paid pursuant to the provisions of Section 8 (Repayments)), and such
failure continues for a period of five (5) days, when and as the payment thereof shall be
required under this Agreement or the WIFIA Bond or on the Final Maturity Date (each
such failure, a “Payment Default”).
(ii) Occurrence of a Bankruptcy Related Event. A Bankruptcy Related
Event shall occur with respect to the Borrower.
(iii) Acceleration of System Obligations. Any acceleration shall occur
of the maturity of any System Obligation, or any such System Obligation shall not be paid
in full upon the final maturity thereof.
(iv) Invalidity of WIFIA Loan Documents. (A) Any WIFIA Loan
Document ceases to be in full force and effect (other than as a result of the termination
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3964889.6 047899 CTR
thereof in accordance with its terms) or becomes void, voidable, illegal or unenforceable,
or the Borrower contests in any manner the validity or enforceability of any WIFIA Loan
Document to which it is a party or denies it has any further liability under any WIFIA Loan
Document to which it is a party, or purports to revoke, terminate or rescind any WIFIA
Loan Document to which it is a party; (B) any WIFIA Loan Document ceases (other than
as expressly permitted thereunder) to be effective or to grant a valid and binding security
interest on any material portion of the Pledged Collateral other than as a result of actions
or a failure to act by, and within the control of the WIFIA Lender, and with the priority
purported to be created thereby; or (C) any event occurs that results in the impairment in
the validity, enforceability, perfection or priority of the WIFIA Lender’s security interest
in the Pledged Collateral.
(v) Covenant Default. The Borrower shall fail to observe or perform
any covenant, agreement or obligation of the Borrower under this Agreement, the WIFIA
Bond or any other WIFIA Loan Document (other than in the case of any Payment Default
or any Development Default), and such failure shall not be cured within thirty (30) days
after the earlier to occur of (A) receipt by the Borrower from the WIFIA Lender of written
notice thereof or (B) the Borrower’s knowledge of such failure; provided, that if such
failure is capable of cure but cannot reasonably be cured within such thirty (30) day cure
period, then such thirty (30) day cure period shall be extended by up to one hundred fifty
(150) additional days, if and so long as (x) within such thirty (30) day cure period the
Borrower shall commence actions reasonably designed to cure such failure and shall
diligently pursue such actions until such failure is cured and (y) such failure is cured within
one hundred eighty (180) days of the date specified in either (A) or (B) above, as applicable.
(vi) Misrepresentation Default. Any of the representations, warranties
or certifications of the Borrower made in or delivered pursuant to the WIFIA Loan
Documents (or in any certificates delivered by the Borrower in connection with the WIFIA
Loan Documents) shall prove to have been false or misleading in any material respect when
made or deemed made; provided, that no Event of Default shall be deemed to have occurred
under this Section 17(a)(vi) if and so long as (A) such misrepresentation is not intentional,
(B) such misrepresentation is not a misrepresentation in respect of Section 12(g) (Security
Interests), Section 12(h) (No Debarment), Section 12(i) (No Lobbying), or Section 12(j)
(Compliance with Laws), (C) in the reasonable determination of the WIFIA Lender, such
misrepresentation has not had, and would not reasonably be expected to result in, a Material
Adverse Effect, (D) in the reasonable determination of the WIFIA Lender, the underlying
issue giving rise to the misrepresentation is capable of being cured and (E) the underlying
issue giving rise to the misrepresentation is cured by the Borrower within thirty (30) days
after the date on which the Borrower first became aware (or reasonably should have
become aware) of such misrepresentation.
(vii) Enforcement of Other Financing Documents. The holder(s) of
System Obligations under a Related Document exercises remedies permitted thereunder
for an event of default that has occurred and is continuing (and has not been cured or
waived by the expiration of any applicable grace period), in respect of the performance of
any covenant, agreement or obligation of the Borrower under such Related Document.
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3964889.6 047899 CTR
(viii) Material Adverse Judgment. Any final, non-appealable judgment
related to the Pledged Collateral that results in the impairment of (A) the Borrower’s ability
to comply with any of its payment obligations under the WIFIA Bond or this Agreement
or (B) the existence, priority or perfection (if applicable) of the WIFIA Lender’s security
interest in the Pledged Collateral.
(ix) Development Default. A Development Default shall occur.
(b) Upon the occurrence of any Bankruptcy Related Event, all obligations of
the WIFIA Lender hereunder with respect to the Disbursement of any undisbursed amounts of the
WIFIA Loan shall automatically be deemed terminated.
(c) Upon the occurrence of any Event of Default, the WIFIA Lender, by written
notice to the Borrower, may exercise any or all of the following remedies:
(i) the WIFIA Lender may suspend or terminate all of its obligations
hereunder with respect to the Disbursement of any undisbursed amounts of the WIFIA
Loan;
(ii) the WIFIA Lender may cease permitting interest on the WIFIA Loan
to be capitalized (if applicable);
(iii) the WIFIA Lender may apply the Default Rate provisions of Section
6 (Interest Rate);
(iv) the WIFIA Lender may suspend or debar the Borrower from further
participation in any Federal Government program administered by the WIFIA Lender and
notify other departments and agencies of such default; and
(v) the WIFIA Lender shall be entitled and empowered to institute any
actions or proceedings at law or in equity for the collection of any sums due and unpaid
hereunder or under the WIFIA Bond or the other WIFIA Loan Documents, and may
prosecute any such judgment or final decree against the Borrower and collect in the manner
provided by law out of the property of the Borrower the moneys adjudged or decreed to be
payable, and the WIFIA Lender shall have all of the rights and remedies of a creditor,
including all rights and remedies of a secured creditor under the Uniform Commercial Code
(if applicable), and may take such other actions at law or in equity as may appear necessary
or desirable to collect all amounts payable by the Borrower under this Agreement, the
WIFIA Bond or the other WIFIA Loan Documents then due and thereafter to become due,
or to enforce performance and observance of any obligation, agreement or covenant of the
Borrower under this Agreement, the WIFIA Bond or the other WIFIA Loan Documents.
(d) If a right of acceleration is or has been granted for the benefit of any holder
of System Obligations and such System Obligations have been accelerated, then the WIFIA Lender
shall have the right to declare the unpaid principal amount of the WIFIA Bond to be, and the same
shall thereupon forthwith become, immediately due and payable, together with the interest accrued
thereon and all fees, costs, expenses, indemnities and other amounts payable under this Agreement,
43
3964889.6 047899 CTR
the WIFIA Bond or the other WIFIA Loan Documents, all without presentment, demand, notice,
declaration, protest or other requirements of any kind, all of which are hereby expressly waived.
(e) No action taken pursuant to this Section 17 shall (i) relieve the Borrower
from its obligations pursuant to this Agreement, the WIFIA Bond or the other WIFIA Loan
Documents, all of which shall survive any such action, or (ii) limit the WIFIA Lender’s rights
under the WIFIA Bond Ordinance or applicable law, including the Debt Reform Act.
ARTICLE VII
MISCELLANEOUS
Section 18. Disclaimer of Warranty. The WIFIA Lender makes no warranty or
representation, either express or implied, as to the value, design, condition, merchantability or
fitness for a particular purpose or fitness for use of the Project or any portion thereof or any other
warranty with respect thereto. In no event shall the WIFIA Lender be liable for any incidental,
indirect, special or consequential damages incidental to or arising out of this Agreement or the
System (including the Project) or the existence, furnishing, functioning or use of the Project or any
item or products or services provided for in this Agreement.
Section 19. No Personal Recourse. No official, employee or agent of the WIFIA Lender
or the Borrower or any individual executing this Agreement or any of the other WIFIA Loan
Documents shall be personally liable on this Agreement or such other WIFIA Loan Documents by
reason of the issuance, delivery or execution hereof or thereof.
Section 20. No Third-Party Rights. The parties hereby agree that this Agreement
creates no third-party rights against the Borrower, the Federal Government, or the WIFIA Lender,
solely by virtue of the WIFIA Loan, and that no third-party creditor of the Borrower shall have
any right against the WIFIA Lender with respect to the WIFIA Loan made pursuant to this
Agreement.
Section 21. Borrower’s Authorized Representative. The Borrower shall at all times
have appointed a Borrower’s Authorized Representative by designating such Person or Persons
from time to time to act on the Borrower’s behalf pursuant to a written certificate furnished to the
WIFIA Lender and the Servicer, if any, containing the specimen signature or signatures of such
Person or Persons and signed by the Borrower.
Section 22. WIFIA Lender’s Authorized Representative. The WIFIA Lender hereby
appoints the Director of the WIFIA Program, whose notice details are set forth below in Section
31 (Notices), to serve as the WIFIA Lender’s Authorized Representative under this Agreement
until such time as a successor or successors shall have been appointed. Thereafter, the successor
in office shall serve as the WIFIA Lender’s Authorized Representative. The WIFIA Lender shall
provide notice to the Borrower within a reasonable time period following the succession.
Section 23. Servicer. The WIFIA Lender may from time to time designate another
entity or entities to perform, or assist the WIFIA Lender in performing, the duties of the Servicer
or specified duties of the WIFIA Lender under this Agreement and the WIFIA Bond. The WIFIA
Lender shall give the Borrower written notice of the appointment of any successor or additional
44
3964889.6 047899 CTR
Servicer and shall enumerate the duties or any change in duties to be performed by any Servicer.
Any references in this Agreement to the WIFIA Lender shall be deemed to be a reference to the
Servicer with respect to any duties which the WIFIA Lender shall have delegated to such Servicer.
The WIFIA Lender may at any time assume the duties of any Servicer under this Agreement and
the WIFIA Bond. The Borrower shall cooperate and respond to any reasonable request of the
Servicer for information, documentation or other items reasonably necessary for the performance
by the Servicer of its duties hereunder.
Section 24. Amendments, Waivers and Termination No amendment, modification,
termination, or waiver of any provision of this Agreement or the WIFIA Bond shall in any event
be effective without the prior written consent of each of the parties hereto. Notwithstanding the
foregoing sentence, if the first Disbursement of the WIFIA Loan has not occurred on or prior to
the Final Disbursement Date, the WIFIA Lender or the Borrower may terminate this Agreement
upon no less than ten (10) Business Days’ prior written notice to the other party. Once terminated,
this Agreement may not be reinstated.
Section 25. Governing Law. This Agreement shall be governed by the federal laws of
the United States of America if and to the extent such federal laws are applicable and the internal
laws of the State, if and to the extent such federal laws are not applicable.
Section 26. Severability. In case any provision in or obligation under this Agreement
shall be invalid, illegal, or unenforceable in any jurisdiction, the validity, legality and
enforceability of the remaining provisions or obligations, or of such provision or obligation in any
other jurisdiction, shall not in any way be affected or impaired thereby.
Section 27. Successors and Assigns. This Agreement shall be binding upon the parties
hereto and their respective permitted successors and assigns and shall inure to the benefit of the
parties hereto and their permitted successors and assigns. Neither the Borrower’s rights or
obligations hereunder or under the WIFIA Bond nor any interest herein or therein may be assigned
or delegated by the Borrower without the prior written consent of the WIFIA Lender.
Section 28. Remedies Not Exclusive. No remedy conferred herein or in any other
WIFIA Loan Document or reserved to the WIFIA Lender is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or under the other WIFIA Loan Documents or
now or hereafter existing at law or in equity or by statute.
Section 29. Delay or Omission Not Waiver. No delay or omission of the WIFIA Lender
to exercise any right or remedy provided hereunder or under any other WIFIA Loan Document
upon a default of the Borrower (except a delay or omission pursuant to a written waiver) shall
impair any such right or remedy or constitute a waiver of any such default or acquiescence therein.
Every right and remedy given by this Agreement or under the other WIFIA Loan Documents or
by law to the WIFIA Lender may be exercised from time to time, and as often as may be deemed
expedient by the WIFIA Lender.
Section 30. Counterparts; Electronic Signatures. This Agreement and any amendments,
waivers, consents or supplements hereto or in connection herewith may be executed in any number
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3964889.6 047899 CTR
of counterparts and by the different parties hereto in separate counterparts, each of which when so
executed and delivered shall be deemed an original, but all such counterparts together shall
constitute one and the same instrument; signature pages may be detached from multiple separate
counterparts and attached to a single counterpart so that all signature pages are physically attached
to the same document. Electronic Signatures are effective and enforceable. Electronic delivery of
an executed counterpart of a signature page of this Agreement or of any document or instrument
delivered in connection herewith in accordance with Section 31 (Notices) shall be effective as
delivery of an original executed counterpart of this Agreement or such other document or
instrument, as applicable; provided that, following the electronic delivery of the executed WIFIA
Bond for loan closing purposes, the Borrower shall deliver by courier the originally executed
WIFIA Bond to the WIFIA Lender at:
Environmental Protection Agency
Ronald Reagan Building
Office of Chief Financial Officer
Attn: Mr. Stacey Church, Room #81192
1300 Pennsylvania, NW
Washington, DC 20004
Phone: (202) 564-4837
Section 31. Notices.
(a) All notices, requests, or communication hereunder shall be given in writing.
(b) Notices to the WIFIA Lender should be made by (i) email to the email
address noted below for the WIFIA Lender or (ii) submission through another electronic medium
or transmission system as designated by the WIFIA Lender in accordance with this Section, unless
otherwise instructed by the WIFIA Lender:
If to WIFIA Lender: Environmental Protection Agency
WJC-E 7334A
1200 Pennsylvania Avenue NW
Washington, D.C. 20460
Attention: WIFIA Director
Email: WIFIA_Portfolio@epa.gov
(c) Notices to the Borrower should be made by (i) nationally recognized courier
service, (ii) hand delivery, (iii) email, to the email address noted below for the Borrower, or (iv)
another electronic medium designated by the Borrower in accordance with this Section, unless
otherwise instructed by the Borrower’s Authorized Representative:
If to Borrower: The notice details set forth in Part G of Schedule I
(WIFIA Loan Specific Terms)
(d) Each such notice, request or communication shall be effective (x) if
delivered by hand or by nationally recognized courier service, when delivered at the address
specified in this Section 31 (or in accordance with the latest unrevoked written direction from the
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3964889.6 047899 CTR
receiving party), and (y) if given by email or other electronic method, when such email is delivered
to the email address specified in this Section 31 or submitted to the electronic medium as directed
by the receiving party, in each case with the sender’s receipt of an acknowledgement from the
intended recipient (such as by a “read receipt,” return email, or other written acknowledgement)
(or in accordance with the latest unrevoked written direction from the receiving party); provided,
that notices received on a day that is not a Business Day or after 5:00 p.m. Eastern Time on a
Business Day will be deemed to be effective on the next Business Day. The parties shall act
reasonably in designating any electronic method other than email for notices, requests or
communications hereunder, and neither party shall designate an alternative electronic method to
which the other party has a reasonable objection.
Section 32. Indemnification. The Borrower shall, to the extent permitted by law,
indemnify the WIFIA Lender, the Servicer (if any), and any official, employee, agent, advisor or
representative of the WIFIA Lender (each such Person being herein referred to as an
“Indemnitee”) against, and hold each Indemnitee harmless from, any and all losses, claims,
damages, liabilities, fines, penalties, costs and expenses (including the fees, charges and
disbursements of any counsel for any Indemnitee and the costs of environmental remediation),
whether known, unknown, contingent or otherwise, incurred by or asserted against any Indemnitee
arising out of, in connection with, or as a result of (a) the execution, delivery and performance of
this Agreement, any Construction Contract, or any Related Document, (b) the WIFIA Loan or the
use of the proceeds thereof, or (c) the violation of any law, rule, regulation, order, decree, judgment
or administrative decision relating to the environment, the preservation or reclamation of natural
resources, the management, release or threatened release of any hazardous material or to health
and safety matters; in each case arising out of or in direct relation to the Project; provided, that
such indemnity shall not, as to any Indemnitee, be available to the extent that such losses, claims,
damages, liabilities, fines, penalties, costs or related expenses are determined by a court of
competent jurisdiction by final and non-appealable judgment to have resulted from the gross
negligence or willful misconduct of such Indemnitee. In case any action or proceeding is brought
against an Indemnitee by reason of any claim with respect to which such Indemnitee is entitled to
indemnification hereunder, the Borrower shall be entitled, at its expense, to participate in the
defense thereof; provided, that such Indemnitee has the right to retain its own counsel, at the
Borrower’s expense, and such participation by the Borrower in the defense thereof shall not release
the Borrower of any liability that it may have to such Indemnitee. Any Indemnitee against whom
any indemnity claim contemplated in this Section 32 is made shall be entitled, after consultation
with the Borrower and upon consultation with legal counsel wherein such Indemnitee is advised
that such indemnity claim is meritorious, to compromise or settle any such indemnity claim. Any
such compromise or settlement shall be binding upon the Borrower for purposes of this Section
32. Nothing herein shall be construed as a waiver of any legal immunity that may be available to
any Indemnitee. To the extent permitted by applicable law, neither the Borrower nor the WIFIA
Lender shall assert, and each of the Borrower and the WIFIA Lender hereby waives, any claim
against any Indemnitee or the Borrower, respectively, on any theory of liability, for special,
indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out
of, in connection with, or as a result of, this Agreement, any Construction Contract, or any Related
Document, the other transactions contemplated hereby and thereby, the WIFIA Loan or the use of
the proceeds thereof, provided, that nothing in this sentence shall limit the Borrower’s indemnity
obligations to the extent such damages are included in any third-party claim in connection with
which an Indemnitee is entitled to indemnification hereunder. All amounts due to any Indemnitee
47
3964889.6 047899 CTR
under this Section 32 shall be payable promptly upon demand therefor. The obligations of the
Borrower under this Section 32 shall survive the payment or prepayment in full or transfer of the
WIFIA Loan, the enforcement of any provision of this Agreement or the other Related Documents,
any amendments, waivers (other than amendments or waivers in writing with respect to this
Section 32) or consents in respect hereof or thereof, any Event of Default, and any workout,
restructuring or similar arrangement of the obligations of the Borrower hereunder or thereunder.
Section 33. Sale of WIFIA Loan. The WIFIA Lender shall not sell the WIFIA Loan at
any time prior to the later of (a) the Substantial Completion Date and (b) other than with respect
to a sale or transfer to another governmental entity within the Federal Government, the Final
Disbursement Date. After such date, the WIFIA Lender may sell the WIFIA Loan to another entity
or reoffer the WIFIA Loan into the capital markets only in accordance with the provisions of this
Section 33. Such sale or reoffering shall be on such terms as the WIFIA Lender shall deem
advisable. However, in making such sale or reoffering the WIFIA Lender shall not change the
terms and conditions of the WIFIA Loan without the prior written consent of the Borrower in
accordance with Section 24 (Amendments, Waivers and Termination). Prior to any sale or
reoffering of the WIFIA Loan, the WIFIA Lender shall provide reasonable written notice to the
Borrower of the WIFIA Lender’s intention to consummate such a sale or reoffering. The provision
of any notice pursuant to this Section 33 shall neither (x) obligate the WIFIA Lender to sell nor
(y) provide the Borrower with any rights or remedies in the event the WIFIA Lender, for any
reason, does not sell the WIFIA Loan.
Section 34. Effectiveness. This Agreement shall be effective on the Effective Date.
Section 35. Release of Lien. Upon the irrevocable payment in full in immediately
available funds by the Borrower of the WIFIA Loan Balance, together with all accrued interest,
fees and expenses with respect thereto, the WIFIA Lender shall cancel and discharge the Liens on
the Pledged Collateral and surrender the WIFIA Bond to the Borrower in accordance with Section
9(b) (General Prepayment Instructions).
Section 36. Survival. The indemnification requirements of Section 32
(Indemnification), the reporting and record keeping requirements of Section 14(p) (Access;
Records) and the payment requirements of Section 10 (Fees and Expenses) shall survive the
termination of this Agreement as provided in such Sections, as well as the waiver of any sovereign
immunity, to the extent the Borrower has such immunity, pursuant to Section 14(n) (Immunity).
Section 37. Integration. This Agreement, together with the other WIFIA Loan
Documents, constitutes the entire contract between the parties relating to the subject matter hereof
and supersedes any and all previous agreements and understandings, oral or written, relating to the
subject matter hereof.
[The remainder of this page intentionally left blank; signature pages immediately follow.]
[Signature Page to United City of Yorkville, Kendall County, Illinois – Yorkville WaterLink Project – WIFIA
Loan Agreement]
3964889.6 047899 CTR
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed and delivered by their respective officers thereunto duly authorized as of the date first
written above.
UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS,
by its authorized representative
By: ______________________________
Name:
Title:
[Signature Page to United City of Yorkville, Kendall County, Illinois – Yorkville WaterLink Project – WIFIA
Loan Agreement]
3964889.6 047899 CTR
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY, acting by and
through the Administrator of the
Environmental Protection Agency
By: ______________________________
Name: Lee M. Zeldin
Title: Administrator
Schedule I-1
3964889.6 047899 CTR
SCHEDULE I
WIFIA LOAN SPECIFIC TERMS
No. Item WIFIA Loan Specific Term
PART A. Key Borrower Metrics
1. Effective Date [___], 2026.
2. Borrower United City of Yorkville, Kendall County, Illinois, a
Legal Entity duly organized and existing under the laws
of the State.
3. Legal Entity A non-home-rule municipality and political subdivision
of the State.
4. State State of Illinois.
5. Borrower FEIN 36-6006169.
6. Borrower UEI E646HGMGZF83.
7. Initial Borrower Fiscal Year The fiscal year of the Borrower commencing on May 1
of any given calendar year and ending on April 30 of the
immediately succeeding calendar year.
8. Application Receipt Date October 18, 2024.
9. WIFIA CUSIP Number 987354 BL0, as the CUSIP number for the WIFIA Loan
for purposes of monitoring through EMMA.
10. System The entire system now or hereafter owned, operated,
used or maintained by the Borrower for the transmission,
treatment, storage, and distribution of water, including:
(a) any facility, plant, works, system, building, structure,
improvement, machinery, equipment, fixture, or other
real or personal property, relating to the collection,
treatment, storage, and distribution of water that is
owned, operated, or controlled by the Borrower,
including without limitation, the Project, (b) any
renewal, replacement, addition, modification or
improvement to (a) above, and (c) all real or personal
property and rights therein and appurtenances thereto
necessary or useful or convenient for the effectiveness of
the purposes of the Borrower in the transmission,
treatment, storage, and distribution of water.
11. Revenues All income from whatever source derived from the
System, including (i) investment income; (ii)
Schedule I-2
3964889.6 047899 CTR
No. Item WIFIA Loan Specific Term
connection, permit and inspection fees and the like; and
(iii) penalties and delinquency charges; but expressly
excluding (a) non-recurring income from the sale of
property of the System; (b) governmental or other grants;
(c) advances from or grants made to the Borrower; (d)
capital development, reimbursement, or recovery
charges and the like; and (e) annexation or pre-
annexation charges insofar as designed by the City
Council of the Borrower as paid for System connection
or service; and as otherwise determined in accordance
with generally accepted accounting principles for
municipal enterprise funds.
12. Operation and Maintenance
Expenses
All expenses of operating, maintaining and routine repair
of the System, including wages, salaries, costs of
materials and supplies, power, fuel, insurance, purchase
of water (including all payments by the Borrower
pursuant to long term contracts for such services as and
to the extent provided in such contracts); but excluding
debt service, depreciation, or any reserve requirements;
and otherwise determined in accordance with generally
accepted accounting principles for municipal enterprise
funds.
13. Trustee Not Applicable.
14. Trustee Location Not Applicable.
PART B. Key Project Metrics
15. Project The project is the Yorkville WaterLink Project, located
at the Project Location, which consists of water supply
regionalization and water system improvements that will
enable the Borrower, in coordination with neighboring
communities, to connect to a new source of water supply
through the Commission and includes (a) the Borrower’s
cost share for the Commission transmission main
construction; (b) water supply receiving station
construction; (c) water main improvements, repair, and
replacement; (d) water storage expansion; and (e)
decommissioning of existing water treatment plants
(collectively, the “Project”), as described in further
detail in Part D of Schedule II (Project Details).
16. Project Location Northern Illinois.
Schedule I-3
3964889.6 047899 CTR
No. Item WIFIA Loan Specific Term
17. Projected Substantial
Completion Date
January 1, 2030, as such date may be adjusted in
accordance with Part C of Schedule V (Reporting
Requirements).
18. Development Default Date December 31, 2031.
19. NEPA Determination [Finding of No Significant Impact][Categorical
Exclusion][Record of Decision] for the Project issued by
EPA on [___], 20[__] in accordance with NEPA.
20. Commission The DuPage Water Commission, a public corporation
under Division 15 of Article 11 of the Illinois Municipal
Code, 65 ILCS 5/11-135-1 et seq. and a county water
commission under the Water Commission Act of 1985,
70 ILCS 3720/0.01 et. seq., and its successors and
assigns.
21. Commission Agreements All agreements by and between the Borrower and the
Commission with respect to the System (including the
Project). Commission Agreements include that certain
Water Purchase and Sale Contract between the
Commission and the Borrower dated October 17, 2024
and all intergovernmental agreements related to the
Project between the Commission and the Borrower,
including such intergovernmental agreements by and
among the Commission, the Borrower, the Village of
Montgomery, Illinois and the Village of Oswego,
Illinois.
PART C. Key Loan Metrics
22. Maximum Principal Amount Principal amount up to $170,000,000 (excluding interest
that is capitalized in accordance with this Agreement).
23. WIFIA Interest Rate [___]% per annum.
24. Default Rate Interest rate equal to the sum of (a) the WIFIA Interest
Rate plus (b) 200 basis points.
25. Interest Payment Date Each January 1 and July 1.
26. Capitalized Interest Period The period from (and including) the first Disbursement
to (but excluding) the date that is six (6) months prior to
Schedule I-4
3964889.6 047899 CTR
No. Item WIFIA Loan Specific Term
[July 1, 2032], subject to earlier termination as set forth
in Section 8(a)(iii) (Payment of WIFIA Debt Service).
27. Interest Only Period The period commencing from (and including) the Debt
Service Payment Commencement Date and ending on
July 1, 2034 (or on such earlier date as all amounts due
or to become due to the WIFIA Lender hereunder have
been irrevocably paid in full in cash).
28. Principal Payment Date Each January 1, beginning on January 1, [2035].
29. Final Maturity Date The earliest of (a) January 1, 2065; (b) the date on which
the maturity of the WIFIA Loan and corresponding
WIFIA Bond have been accelerated or subject to
mandatory redemption or prepayment (as the case may
be) prior to the maturity thereof; and (c) the Principal
Payment Date immediately preceding the date that is
thirty-five (35) years following the Substantial
Completion Date.
30. Reserved Not Applicable.
PART D. Key Security Metrics
31. Lien priority Senior lien on the Pledged Revenues (at parity with the
Liens thereon securing the other Parity Obligations and
senior to the Liens thereon securing the Subordinate
Obligations). The Lien on the Pledged Taxes shall be for
the exclusive benefit of the WIFIA Lender (and any
subsequent holder of the WIFIA Bond).
32. Springing lien Not Applicable.
33. Dedicated source of
repayment for the WIFIA
Loan
The Pledged Revenues and the Pledged Taxes.
The “Pledged Revenues” are, collectively, (a) the Net
Revenues, (b) all collections of the “places for eating”
sales taxes imposed and collected by the Borrower, the
revenues from which are deposited into the Water Fund,
and (c) certain moneys on deposit from time to time in
the funds and accounts held within the Water Fund, as
specified in the WIFIA Bond Ordinance and including
Schedule I-5
3964889.6 047899 CTR
No. Item WIFIA Loan Specific Term
all amounts deposited in or credited to the WIFIA
Pledged Revenues Account.
The “Pledged Taxes” are the ad valorem property taxes
upon all taxable property in the United City of Yorkville,
Kendall County, Illinois, without limitation as to rate or
amount, as levied by the Borrower pursuant to the
WIFIA Bond Ordinance and pledged by the Borrower
under the WIFIA Bond Ordinance as security for the
WIFIA Bond and including all amounts deposited in or
credited to the WIFIA Bond Fund.
34. Pledged Collateral The WIFIA Loan (and corresponding WIFIA Bond)
shall be secured by (a) the Borrower’s pledge of its full
faith and credit and taxing power pursuant to the WIFIA
Bond Ordinance, (b) the Pledged Taxes and (c) the
Pledged Revenues.
35. System Accounts The Water Fund, the WIFIA Pledged Revenues Account,
the WIFIA Bond Fund and all other funds, accounts and
subaccounts established by or maintained pursuant to the
WIFIA Bond Ordinance.
The “WIFIA Pledged Revenues Account” is the
account established pursuant to Section [15] of the
WIFIA Bond Ordinance for the purpose of receiving and
disbursing Pledged Revenues from time to time for the
payment of the WIFIA Bond.
The “WIFIA Bond Fund” is the fund established
pursuant to Section [17] of the WIFIA Bond Ordinance
for the purpose of receiving and disbursing Pledged
Taxes from time to time for the payment of the WIFIA
Bond.
36. Water Fund Has the meaning ascribed to such term in Section 1 of
the WIFIA Bond Ordinance.
37. WIFIA Debt Service Account The WIFIA Pledged Revenues Account and the WIFIA
Bond Fund.
38. WIFIA Debt Service Reserve
Account
Not Applicable.
39. WIFIA Debt Service Reserve
Requirement
Not Applicable.
Schedule I-6
3964889.6 047899 CTR
No. Item WIFIA Loan Specific Term
40. Revenue Covenant In addition to any applicable requirements of State law,
the Borrower shall fix, charge and collect rates, fees and
charges for the System during each Borrower Fiscal
Year, which together with all “places for eating” sales
taxes imposed, collected and deposited into the Water
Fund during such Borrower Fiscal Year:
(a) will be at least sufficient to yield Pledged Revenues
(excluding Water Fund account balances, as described in
clause (c) of the definition thereof) for such Borrower
Fiscal Year equal to at least one hundred percent (100%)
of the sum of (i) the aggregate debt service payable
during such Borrower Fiscal Year with respect to all then
Outstanding System Obligations (including the WIFIA
Bond), (ii) the aggregate of all fund or account deposits
required to be made from Net Revenues during such
Borrower Fiscal Year by the terms of the Other
Financing Documents, and (iii) the aggregate of all
payments required to meet any other obligations of the
Borrower that are charges or Liens upon, or that are
otherwise payable from, the Net Revenues during such
Borrower Fiscal Year; and
(b) will be at least sufficient to yield Pledged Revenues
(including Water Fund account balances, as described in
clause (c) of the definition thereof) for such Borrower
Fiscal Year equal to at least one hundred twenty five
percent (125%) of the aggregate debt service payable on
all then Outstanding Parity Obligations (including the
WIFIA Bond).
41. Additional Bonds Test In addition to any applicable requirements of State law,
the Borrower shall not issue or incur any Additional
Parity Obligations unless the conditions in Section 15(a)
(Indebtedness) are satisfied and the Borrower shall have
demonstrated prior to the issuance or incurrence of such
Additional Parity Obligations that, for each Borrower
Fiscal Year during which the proposed Additional Parity
Obligations are projected to be Outstanding, the Pledged
Revenues will be at least equal to one hundred twenty
five percent (125%) of the aggregate debt service
payable on all Parity Obligations, including the proposed
Additional Parity Obligations, and all Subordinate
Obligations during each such Borrower Fiscal Year.
Schedule I-7
3964889.6 047899 CTR
No. Item WIFIA Loan Specific Term
Any such demonstration shall be supported by reference
to the most recent audited Financial Statements, which
shall be for a Borrower Fiscal Year ending not earlier
than eighteen (18) months previous to the time of
issuance or incurrence of the proposed Additional Parity
Obligations. If such audited Financial Statements do not
adequately show such Pledged Revenues or if the audited
Financial Statements show that such Pledged Revenues
are insufficient, then the determination of sufficiency
must be supported by the report of an independent
accountant or feasibility analyst using economically
reasonable assumptions.
The Borrower shall not issue or incur any System
Obligations other than Parity Obligations in accordance
with the foregoing requirements unless the conditions in
Section 15(a) (Indebtedness) are satisfied and such
System Obligations are Additional Subordinate
Obligations that are fully subordinated to the Parity
Obligations in priority of payment (as to both principal
and interest), voting and priority of security interest in
the Pledged Revenues, including with respect to payment
from revenues and reserves and payment upon default or
acceleration of any such Additional Subordinate
Obligations.
42. Flow of Funds The requirements and conditions set forth in Annex A
(Flow of Funds) hereto.
PART E. Other Key WIFIA Loan Documents
43. WIFIA Bond The bond issued and delivered by the Borrower in
substantially the form of Exhibit A (Form of WIFIA
Bond).
44. WIFIA Bond Ordinance Ordinance No. 2026-01, adopted by the Borrower’s City
Council on January 13, 2026 authorizing the execution,
delivery and performance by the Borrower of this
Agreement and the WIFIA Bond, the levying of the
Pledged Taxes and certain related actions by the
Borrower in connection with the issuance of the WIFIA
Loan.
Schedule I-8
3964889.6 047899 CTR
No. Item WIFIA Loan Specific Term
45. WIFIA Term Sheet WIFIA term sheet, dated as of the Effective Date,
between the Borrower and the WIFIA Lender.
46. Reserved Not Applicable.
PART F. Fees
47. Servicing Set-Up Fee A servicing set-up fee equal to $19,610.
48. Construction Period Servicing
Fee
An annual construction period servicing fee equal to
$19,610.
49. Initial Construction Period
Servicing Fee
The initial Construction Period Servicing Fee in a pro-
rated amount equal to $11,430.
50. Operating Period Servicing
Fee
An annual operating period servicing fee equal to
$9,810.
PART G. Borrower Related Notices
51. Borrower notice details United City of Yorkville, Kendall County, Illinois
651 Prairie Pointe Drive
Yorkville, Illinois 60560
Attention: Rob Fredrickson
Email: rfredrickson@yorkville.il.us
Schedule I-9
3964889.6 047899 CTR
ANNEX A
FLOW OF FUNDS
The following requirements and conditions contained below constitute the Flow of Funds
referenced in Part D of Schedule I to this Agreement. Capitalized terms used in this Annex A shall
have the respective meanings assigned to such terms in the WIFIA Bond Ordinance, or otherwise
in this Agreement.
[__________________________________________________________________________.]
Schedule II-1
3964889.6 047899 CTR
SCHEDULE II
PROJECT DETAILS
PART A. Project Budget.
Percentages may not sum to 100% due to rounding.
PART B. Construction Schedule.
Projected Substantial Completion Date: January 1, 2030.
PROJECT ELEMENT DESIGN
COMPLETION
CONSTRUCTION
START
CONSTRUCTION
END
LM07: DuPage Water
Commission Transmission
Main
11/30/2025
12/1/2025
12/31/2028
LM09: North Receiving
Station
3/31/2025 8/1/2025 12/1/2027
LM10: Northwest Elevated
Water Storage Tank
3/31/2025 8/1/2025 12/1/2027
LM11: South Receiving
Station
5/31/2025 9/1/2025 12/1/2027
LM12: South Receiving
Station Standpipe
4/30/2025 8/1/2025 12/1/2027
SOURCES OF FUNDS AMOUNT ($ USD) PERCENTAGE (%)
WIFIA Loan $151,007,318 67.1%
Revenue Bonds $25,444,201 11.3%
SRF Loans $29,286,668 13.0%
Borrower Cash $269,131 0.1%
Previously Incurred Costs $18,992,682 8.4%
Total Sources of Funds $225,000,000 100%
USES OF FUNDS AMOUNT ($ USD) PERCENTAGE (%)
Construction $173,712,473 77.2%
Design $11,607,664 5.2%
Planning $7,280,000 3.2%
Land Acquisition $349,145 0.2%
WIFIA Program Contingency $31,750,718 14.1%
Financing Costs $300,000 0.1%
Total Uses of Funds $225,000,000 100%
Total Eligible Project Costs $225,000,000 100%
Total Project Costs $225,000,000 100%
Schedule II-2
3964889.6 047899 CTR
LM13: Rte 126 Water Main
Improvements
11/30/2025 12/1/2025 10/1/2026
LM16: Water Treatment
Plant Decommissioning
4/30/2028 5/1/2028 1/1/2030
WM08: 2024 Water Main
Replacement A/B
3/31/2024 4/1/2024 6/30/2025
WM09: 2025 Water Main
Replacement
2/28/2025 3/1/2025 6/30/2026
WM10: 2026 Water Main
Replacement
2/28/2026 3/1/2026 6/30/2027
WM11: 2027 Water Main
Replacement
2/28/2027 3/1/2027 6/30/2028
WM12: 2028 Water Main
Replacement
2/28/2028 3/1/2028 6/30/2029
Schedule II-3
3964889.6 047899 CTR
PART C. Existing Construction Contracts.
Contract Name Effective
Date
Amount Parties Description
2024 Water
Main
Replacement
Program - A
3/26/2024 $2,062,156.31 Conley
Excavating/City
WM08
2024 Water
Main
Replacement
Program - B
1/24/2024 $2,573,812.40 Winninger
Excavating/City
WM08
2025 Water
Main
Replacement
Program
2/25/2025 $4,775,774.55 Winninger
Excavating/City
WM09
South Receiving
Station
10/28/2025 $6,875,000.00 Whittaker
Construction/City
LM11
IL Route 126
Water Main
Improvements
11/25/2025 $2,559,902.21 Austin Tyler
Construction/City
LM13
South Receiving
Station
Standpipe
6/24/2025 $6,035,736.70 CB&I Storage
Solutions/City
LM12
North Receiving
Station
4/22/2025 $6,786,500.00 Whittaker
Construction/City
LM09
Northwest
Elevated Water
Storage Tank
4/22/2025 $9,998,339.60 CB&I Storage
Solutions/City
LM10
DWC Water
Transmission
Main
9/18/2025 $48,301,059.73 DuPage Water
Commission/D
Construction &
Benchmark
Construction
LM07 – Contract
TW-6/25 Section 1
(Book Road)
DWC Water
Transmission
Main
11/11/2025 $12,356,369.00 DuPage Water
Commission/Airy’s
Inc.
LM07 – Contract
TW-6/25 Section
2A
DWC Water
Transmission
Main
11/11/2025 $10,367,460.00 DuPage Water
Commission/Airy’s
Inc.
LM07 – Contract
TW-6/25 Section
2B
Schedule II-4
3964889.6 047899 CTR
PART D. Project Description.
The project is the Yorkville WaterLink Project, located in northern Illinois, and consists of water
supply regionalization and water system improvements that will enable the Borrower, in
coordination with neighboring communities, to connect to a new source of water supply through
the Commission. The project includes the subprojects set forth in the following table:
Subprojects Description
LM07: DuPage Water
Commission
Transmission Main
Yorkville’s cost share for the transmission mains from DuPage
Water Commission to two connection points on Yorkville's system.
Includes two metering stations, one at each Yorkville connection
point.
LM09: North Receiving
Station
First of two receiving stations required to connect to and receive
supply from DuPage Water Commission. Project may include a
delivery and booster pump station, associated piping and valves,
electrical and SCADA upgrades, a generator, and a new altitude
valve for Northeast elevated water storage tank.
LM10: Northwest
Elevated Water Storage
Tank
An elevated water storage tank with an approximate capacity of two
(2) million gallons. Project may also include a mixing system, yard
piping and site work, SCADA implementation, electrical service,
landscaping and security fencing.
LM11: South Receiving
Station
Second of two receiving stations required to connect and receive
supply from DuPage Water Commission. Project may include a
delivery and booster pump station, associated piping and valves,
electrical and SCADA upgrades, a generator, and security fencing.
LM12: South Receiving
Station Standpipe
A standpipe located at the proposed South Receiving Station with
an approximate capacity of one (1) to two (2) million gallons.
Project may include mixing system, yard piping and site work,
SCADA implementation, electrical service, landscaping and
security fencing.
LM13: Rt 126 Water
Main Improvements
Water main improvement to connect the South Receiving Station,
South Pressure Zone, and South Central Pressure Zone.
LM16: Water Treatment
Plant Decommissioning
Decommissioning of existing water treatment plants.
WM08: 2024 Water
Main Replacement;
WM09: 2025 Water
Main Replacement;
WM10: 2026 Water
Main Replacement;
WM11: 2027 Water
Main Replacement;
WM12: 2028 Water
Main Replacement
Multi-year, systematic replacement of existing, older or broken
water mains to help Yorkville achieve a reduction in water loss.
Schedule III-1 3964889.6 047899 CTR
SCHEDULE III
BORROWER DISCLOSURES
PART A. Existing Indebtedness.
1. Existing Parity Obligations
Agreement/Series Outstanding
Principal as of
Effective Date
1. General Obligation Bonds (Alternate Revenue Source), Series
2023A, of the Borrower (authorized by Ordinance No. 2023-
24, adopted by the Borrower’s City Council on July 11, 2023)
$9,670,000
2. General Obligation Bonds (Alternate Revenue Source), Series
2025A, of the Borrower (authorized by Ordinance No. 2024-
76, adopted by the Borrower’s City Council on December 10,
2024)
$25,000,0000
3.
4.
5.
2. Existing Subordinate Obligations
Agreement/Series Outstanding
Principal as of
Effective Date
1. Loan agreement, dated July 18, 2025, between the Borrower
and the Illinois Environmental Protection Agency (the
“IEPA”), maturing on November 14, 2055
$1,531,085
2. Loan agreement, dated July 2, 2025, between the Borrower and
the IEPA, maturing on March 30, 2057
$0
3.
4.
5.
Schedule III-2 3964889.6 047899 CTR
PART B. Litigation Disclosure.
None
No. Parties Date Initiated Description / Status Venue
PART C. Environmental Matter Disclosure.
None
Schedule IV-1
3964889.6 047899 CTR
SCHEDULE IV
REQUISITION PROCEDURES
This Schedule IV sets out the procedures which the Borrower agrees to follow in
submitting Requisitions for any Disbursement of the WIFIA Loan. The Borrower expressly agrees
to the terms hereof, and further agrees that (i) the rights of the WIFIA Lender contained herein are
in addition to (and not in lieu of) any other rights or remedies available to the WIFIA Lender under
the WIFIA Loan Documents, and (ii) nothing contained herein shall be construed to limit the rights
of the WIFIA Lender to take actions including administrative enforcement action and actions for
breach of contract against the Borrower if it fails to carry out its obligations under this Agreement
during the term hereof.
PART A. General Requirements.
(a) Manner of Request: All requests by the Borrower for a Disbursement shall be made
in writing by electronic submission to the WIFIA Lender, in accordance with Section 31 (Notices)
of this Agreement.
(b) Required Documentation: Any request by the Borrower should include the
submission of:
(i) a Requisition, in the form attached as Exhibit D (Form of Requisition),
completed and executed by the Borrower’s Authorized Representative, and otherwise in form and
substance satisfactory to the WIFIA Lender; and
(ii) all Eligible Project Costs Documentation that has not otherwise been
provided to the WIFIA Lender in accordance with Part C of Schedule V (Reporting
Requirements) of this Agreement.
(c) Timing: Any request for a Disbursement must be received by the WIFIA Lender
and the Servicer (if any) at or before 5:00 P.M. (Eastern Time) on either:
(i) the first (1st) Business Day of a calendar month in order to obtain the
requested Disbursement by the fifteenth (15th) day of such calendar month; or
(ii) the fifteenth (15th) day of a calendar month, in order to obtain the requested
Disbursement by the first (1st) day of the immediately following calendar month;
provided, that, (x) if any such day is not a Business Day, the Disbursement request
or payment (as the case may be) shall be made by the next succeeding Business Day; (y) the
Borrower shall not request to receive more than one (1) Disbursement per month or every thirty
(30) days (whichever is longer); and (z) no Disbursements shall be made after the Final
Disbursement Date.
Schedule IV-2
3964889.6 047899 CTR
PART B. WIFIA Lender Review Process.
(a) The WIFIA Lender shall review the Requisition and the Eligible Project Costs
Documentation for compliance with WIFIA Disbursement requirements.
(b) If a Requisition is approved by the WIFIA Lender, the WIFIA Lender will notify
the Borrower of such approval and of the amount so approved. A Requisition containing an
apparent mathematical error will be corrected by the WIFIA Lender, after telephonic or email
notification to the Borrower, and will thereafter be treated as if submitted in the corrected amount.
If the amount requested for Disbursement in the Requisition exceeds the available balance of the
WIFIA Loan proceeds remaining to be disbursed, the Disbursement request will be treated as if
submitted in the amount of the balance so remaining, and the WIFIA Lender will so notify the
Borrower.
(c) The WIFIA Lender shall be entitled to withhold approval (in whole or in part) of
any pending or subsequent requests for the Disbursement of WIFIA Loan proceeds if: (i) a Default
or an Event of Default shall have occurred and be continuing or (ii) the Borrower (1) knowingly
takes any action, or omits to take any action, amounting to fraud or violation of any applicable
law, in connection with the transactions contemplated hereby; (2) prevents or materially impairs
the ability of the WIFIA Lender to monitor compliance by the Borrower with applicable law
pertaining to the Project or with the terms and conditions of this Agreement; (3) fails to observe
or comply with any applicable law, or any term or condition of this Agreement; (4) fails to satisfy
the conditions set forth in Section 4 (Disbursement Conditions) and Section 11(b) (Conditions
Precedent to Disbursements) of this Agreement; or (5) fails to deliver Eligible Project Costs
Documentation satisfactory to the WIFIA Lender at the times and in the manner specified by this
Agreement; provided, that in such case of sub-clause (5) above, the WIFIA Lender may, in its sole
discretion, partially approve a Requisition in respect of any amounts for which adequate Eligible
Project Costs Documentation has been provided and may, in its sole discretion, disburse in respect
of such properly documented amounts. The WIFIA Lender will notify the Borrower of any
withholding, and the reasons therefor.
(d) A Requisition may be rejected in whole or in part by the WIFIA Lender if it is: (i)
submitted without signature; (ii) submitted under signature of a Person other than a Borrower’s
Authorized Representative; (iii) submitted after prior Disbursement of all proceeds of the WIFIA
Loan; or (iv) submitted without adequate Eligible Project Costs Documentation. The WIFIA
Lender will notify the Borrower of any Requisition so rejected, and the reasons therefor. Any
Requisition rejected for the reasons specified under this paragraph (d) must be resubmitted in
proper form in order to be considered for approval.
Schedule V-1
3964889.6 047899 CTR
SCHEDULE V
REPORTING REQUIREMENTS
PART A. Updated Financial Model/Plan.
The Borrower shall provide to the WIFIA Lender, not later than two hundred ten (210) days after
the end of each Borrower Fiscal Year, an Updated Financial Model/Plan. The Updated Financial
Model/Plan shall reflect the Borrower’s reasonable expectations, using assumptions that the
Borrower believes to be reasonable, and include: (a) the Borrower’s capital improvement plan,
major maintenance plan, projected rates and charges, projected debt outstanding and annual debt
service, projected Revenues and projected Operation and Maintenance Expenses for a reasonable
projection period consistent with the Borrower’s operating and financial planning and
demonstrating that the Borrower has developed and identified adequate revenues to implement a
plan for operating, maintaining, and repairing the Project; (b) evidence of compliance with the
Revenue Covenant for the most recent Borrower Fiscal Year for which the Borrower’s Financial
Statements are available and the projected debt service coverage ratios (including projected
Revenue Covenant coverages) through the Forecast Period; and (c) a written narrative identifying
any material changes to the underlying assumptions from the previous Updated Financial
Model/Plan.
PART B. Annual Financial Statements.
The Borrower shall deliver to the WIFIA Lender, as soon as available, but no later than one
hundred eighty (180) days after the end of each Borrower Fiscal Year, a copy of the audited income
statement and balance sheet of the Borrower as of the end of such Borrower Fiscal Year and the
related audited statements of operations and of cash flow of the Borrower for such Borrower Fiscal
Year, (a) setting forth in each case in comparative form the figures for the previous fiscal year, (b)
certified without qualification or exception, or qualification as to the scope of the audit, by an
independent public accounting firm selected by the Borrower and (c) which shall be complete and
correct in all material respects and shall be prepared in reasonable detail and in accordance with
GAAP applied consistently throughout the periods reflected therein (except, with respect to the
annual financial statements, for changes approved or required by the independent public
accountants certifying such statements and disclosed therein); provided, that the failure of the
Borrower to deliver to the WIFIA Lender the annual audited financial statements required under
this paragraph within such 180-day period shall not constitute a Default or an Event of Default so
long as the Borrower delivers such financial statements within thirty (30) days after the end of
such period.
PART C. Construction Monitoring.
(a) The WIFIA Lender shall have the right in its sole discretion to monitor (or
direct its agents to monitor) the development of the Project, including environmental compliance,
design, and construction of the Project. The Borrower shall be responsible for administering
construction oversight of the Project in accordance with applicable federal, state and local
Schedule V-2
3964889.6 047899 CTR
governmental requirements. The Borrower agrees to cooperate in good faith with the WIFIA
Lender in the conduct of such monitoring by promptly providing the WIFIA Lender with such
reports, documentation or other information as shall be requested by the WIFIA Lender or its
agents, including any independent engineer reports, documentation or information.
(b) Construction Monitoring Report. During the period beginning from the first
quarter following bid advertisement of the first Construction Contract for the Project, through and
until Substantial Completion of the Project, the Borrower shall furnish to the WIFIA Lender, on a
quarterly basis, the Construction Monitoring Report. The report shall be delivered to the WIFIA
Lender within thirty (30) days of the end of each such quarter (or if such day is not a Business
Day, on the next following Business Day). If the then-current projection for the Substantial
Completion Date is a date different than the Projected Substantial Completion Date, the Borrower
shall provide in the Construction Monitoring Report a description in reasonable detail to the
reasonable satisfaction of the WIFIA Lender of the reasons for such projected delay or difference.
The Projected Substantial Completion Date shall automatically be adjusted to the new date
specified by the Borrower in the Construction Monitoring Report unless the WIFIA Lender objects
to the adjustment in writing to the Borrower within sixty (60) days following receipt of such
Construction Monitoring Report on the basis that such report does not demonstrate the matters
specified in this paragraph.
(c) Quarterly Certification of Eligible Project Costs. If requested by the WIFIA
Lender, on a basis not more frequently than quarterly, the Borrower shall submit to the WIFIA
Lender, concurrently with the delivery of the Construction Monitoring Report, a certificate, in the
form of Exhibit E (Form of Certification of Eligible Project Costs Documentation), signed by the
Borrower’s Authorized Representative, and attaching Eligible Project Costs Documentation as
applicable. If there are no applicable Eligible Project Costs for such quarter, the Borrower may
notify the WIFIA Lender by written confirmation of the same by email in accordance with Section
31 (Notices) of the WIFIA Loan Agreement. Within sixty (60) days following the receipt of such
certificate and accompanying Eligible Project Costs Documentation (if applicable), the WIFIA
Lender shall notify the Borrower confirming (i) which Eligible Project Costs incurred by the
Borrower set forth in the certification have been approved or denied (and, if denied, the reasons
therefor) and (ii) the cumulative amount of Eligible Project Costs that have been approved as of
the date of such notice. Any such approved amounts of Eligible Project Costs shall then be deemed
to be available for Disbursement at such time as the Borrower submits a Requisition in respect of
such approved amounts in accordance with Section 4 (Disbursement Conditions).
(d) Final Specifications. The Borrower shall deliver to the WIFIA Lender, prior
to bid advertisement for the Project (including each sub-project or component, if applicable), a
copy of the final specifications relating to the development and construction of the Project (or such
sub-project or component, as the case may be), demonstrating compliance with all applicable
federal requirements and including a summary of the scope of work thereunder.
PART D. Public Benefits Report.
The Borrower shall deliver to the WIFIA Lender the Public Benefits Report (a) no later than thirty
(30) days prior to the Effective Date, (b) within ninety (90) days following the Substantial
Completion Date and (c) within ninety (90) days following the fifth (5th) anniversary of the
Schedule V-3
3964889.6 047899 CTR
Substantial Completion Date. The Borrower agrees that information described in the Public
Benefits Report may be made publicly available by the WIFIA Lender at its discretion.
PART E. Notices.
(a) The Borrower shall, within fifteen (15) days (or such other time as may be
specified below) after the Borrower learns of the occurrence, give the WIFIA Lender notice of any
of the following events or receipt of any of the following notices, as applicable, setting forth details
of such event:
(i) Substantial Completion: the occurrence of Substantial Completion,
such notice to be provided in the form set forth in Exhibit G (Form of Certificate of
Substantial Completion);
(iii) Defaults; Events of Default: any Default or Event of Default;
(iv) Litigation: (1) the filing of any litigation, suit or action, or the
commencement of any proceeding, against the Borrower before any arbitrator,
Governmental Authority, alternative dispute resolution body, or other neutral third party,
that could reasonably be expected to have a Material Adverse Effect, and (2) any final,
non-appealable judgment related to the Pledged Collateral that could reasonably be
expected to result in the impairment of (A) the Borrower’s ability to comply with any of
its payment obligations under the WIFIA Bond or this Agreement or (B) the existence,
priority or perfection (if applicable) of the WIFIA Lender’s security interest in the Pledged
Collateral;
(v) Delayed Governmental Approvals: any failure to receive or delay
in receiving any Governmental Approval or making any required filing, notice, recordation
or other demonstration to or with a Governmental Authority, in each case to the extent such
failure or delay will or could reasonably be expected to result in a delay to any major
milestone date (including the Projected Substantial Completion Date) set forth in the
Construction Schedule, together with a written explanation of the reasons for such failure
or delay and the Borrower’s plans to remedy or mitigate the effects of such failure or delay;
(vi) Environmental Notices: any material notice of violation related to
the Project or any material change to the Project that could reasonably be expected to affect
the NEPA Determination;
(vii) Amendments: except as otherwise agreed by the WIFIA Lender in
writing, copies of any fully executed amendments, modifications, replacements or
supplements to any Related Document or Commission Agreement; provided, that such
notice may be accomplished through the posting of the relevant documents on EMMA
under the WIFIA CUSIP Number with a reference to the relevant WIFIA provision of this
Agreement;
(viii) Related Document Defaults: any material breach or default or event
of default on the part of the Borrower or any other party under any Related Document or
Commission Agreement; provided, that such notice may be accomplished through the
Schedule V-4
3964889.6 047899 CTR
posting of the relevant documents on EMMA under the WIFIA CUSIP Number with a
reference to the relevant WIFIA provision of this Agreement;
(ix) Uncontrollable Force: the occurrence of any Uncontrollable Force
that could reasonably be expected to materially and adversely affect the Project;
(x) Ratings Changes: any change in the rating assigned to the WIFIA
Loan or any other System Obligations, in each case by any Nationally Recognized Rating
Agency that has provided a public rating on such indebtedness, and any notices, reports or
other written materials (other than those that are ministerial in nature) received from any
such rating agencies; provided, that such notice may be accomplished through the posting
of the relevant documents on EMMA under the WIFIA CUSIP Number with a reference
to the relevant WIFIA provision of this Agreement;
(xi) 2 C.F.R. § 180.350 Notices: any notification required pursuant to 2
C.F.R. § 180.350, whether attributable to a failure by the Borrower to disclose information
previously required to have been disclosed or due to the Borrower or any of its principals
meeting any of the criteria set forth in 2 C.F.R. § 180.335;
(xii) Issuance of System Obligations: copies of any final issuing
instrument (together with any continuing disclosure documents, ordinances, official
statement, certifications or cash flow projections in connection therewith), prepared in
connection with the incurrence of any Permitted Debt (including any Additional System
Obligations), together with a confirmation by the Borrower that such additional
indebtedness satisfies the applicable requirements under the definition of “Permitted
Debt”; provided, that such notice may be accomplished through the posting of the relevant
documents on EMMA under the WIFIA CUSIP Number with a reference to the relevant
WIFIA provision of this Agreement;
(xiii) Postings on EMMA: the posting of any document on EMMA in
accordance with the requirements of any continuing disclosure agreement or similar
document with respect to any Outstanding System Obligations relating to annual financial
information and operating data and the reporting of significant events; provided, that such
notice may be accomplished through the posting of the relevant document on EMMA under
the WIFIA CUSIP Number with a reference to the relevant WIFIA provision of this
Agreement;
(xiv) SAM / UEI: any change in the Borrower’s SAM registration status
(including any exclusions, expiration or inactive registration) or UEI (including any
expiration or change in effectiveness); provided, that such notice may be accomplished
through the posting of the relevant document on EMMA under the WIFIA CUSIP Number
with a reference to the relevant WIFIA provision of this Agreement;
(xv) Reorganization, Consolidation or Merger: the occurrence of any
reorganization, consolidation, or merger, together with the agreements and documents
authorizing the reorganization, consolidation or merger; and
Schedule V-5
3964889.6 047899 CTR
(xvi) Fiscal Year: any change to or adoption of any fiscal year other than
the Initial Borrower Fiscal Year; provided, that such notice may be accomplished through
the posting of the relevant document on EMMA under the WIFIA CUSIP Number with a
reference to the relevant WIFIA provision of this Agreement; and
(xvii) Other Adverse Events: the occurrence of any other event or
condition, including without limitation any notice of breach from a contract counterparty
or any holder of any System Obligations, that could reasonably be expected to result in a
Material Adverse Effect.
(b) The Borrower shall, at any time while the WIFIA Loan remains
Outstanding, promptly deliver to the WIFIA Lender such additional information regarding the
business, financial, legal or organizational affairs of the Borrower or regarding the System, the
Project or the System Revenues as the WIFIA Lender may from time to time reasonably request.
The Borrower agrees that the delivery of any documents or information under and pursuant to this
Agreement shall not be construed as compliance with, or affect in any manner, any obligations of
the Borrower under any other contracts, agreements, decrees, Governmental Approvals, or other
documents with EPA (other than the WIFIA Loan Documents) or the Federal Government.
Schedule VI-1
3964889.6 047899 CTR
SCHEDULE VI
WIFIA LOAN AMORTIZATION SCHEDULE 1
[To be attached with final interest rate on the Effective Date]
1 WIFIA Underwriter to work with Borrower to provide an initial amortization schedule that is shared with the
transaction team prior to closing. The final schedule will be finalized on the day of closing to account for the final
interest rate.
Exhibit A-1
3964889.6 047899 CTR
EXHIBIT A
FORM OF WIFIA BOND
UNITED STATES OF AMERICA
STATE OF ILLINOIS
COUNTY OF KENDALL
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
GENERAL OBLIGATION BOND (ALTERNATE REVENUE SOURCE),
SERIES 2026A
YORKVILLE WATERLINK PROJECT
(WIFIA ID – N22149IL)
WIFIA BOND
Interest Rate Final Maturity Date Dated Date WIFIA CUSIP
[___]%, subject to the
Default Rate (as
defined and in
accordance with the
WIFIA Loan
Agreement)
January 1, 2065,
subject to adjustment
as set forth in the
WIFIA Loan
Agreement
[___] 987354 BL0
Registered Owner UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY, acting by and through the Administrator of the
Environmental Protection Agency
Maximum Principal
Amount
$170,000,000 (excluding capitalized interest)
KNOW ALL PERSONS BY THESE PRESENTS, that the UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS, a municipality and political subdivision of
the State of Illinois created in accordance with and validly existing under the Constitution and laws
thereof (the “Borrower”), hereby acknowledges itself to owe and for value received promises to
pay to the order of the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,
acting by and through the Administrator of the United States Environmental Protection Agency,
or its assigns (the “WIFIA Lender”), the lesser of (x) the Maximum Principal Amount set forth
above and (y) the aggregate unpaid principal amount of all Disbursements made by the WIFIA
Lender (such lesser amount, together with any interest that is capitalized and added to principal in
accordance with the provisions of the WIFIA Loan Agreement (as defined below), being
hereinafter referred to as the “Outstanding Principal Sum”), together with accrued and unpaid
Exhibit A-2
3964889.6 047899 CTR
interest (including, if applicable, interest at the Default Rate, as defined in the WIFIA Loan
Agreement) on the Outstanding Principal Sum and all fees, costs and other amounts payable in
connection therewith, all as more fully described in that certain WIFIA Loan Agreement, dated as
of the date hereof, between the WIFIA Lender and the Borrower (the “WIFIA Loan Agreement”).
All capitalized terms used in this WIFIA Bond and not defined herein shall have the meanings set
forth in the WIFIA Loan Agreement.
The WIFIA Debt Service hereof shall be payable in the amounts, manner and on the
Payment Dates as set forth in the WIFIA Loan Amortization Schedule in accordance with the
WIFIA Loan Agreement (which WIFIA Loan Amortization Schedule may be revised from time
to time in accordance with the WIFIA Loan Agreement and which WIFIA Loan Amortization
Schedule, as modified from time to time in accordance with the terms of the WIFIA Loan
Agreement, is incorporated in and is a part of this WIFIA Bond), until paid in full. The WIFIA
Lender is hereby authorized to modify the WIFIA Loan Amortization Schedule from time to time
to reflect the amount of each Disbursement made thereunder and the date and amount of principal
or interest paid by the Borrower thereunder and otherwise in accordance with the terms of the
WIFIA Loan Agreement. Absent manifest error, the WIFIA Lender’s determination of such
matters as set forth on the WIFIA Loan Amortization Schedule to the WIFIA Loan Agreement
shall be conclusive evidence thereof; provided, however, that neither the failure to make any such
recordation nor any error in such recordation shall affect in any manner the Borrower’s obligations
hereunder or under any other WIFIA Loan Document.
Payments hereon are to be made in accordance with Section 8(b) (Manner of Payment) and
Section 31 (Notices) of the WIFIA Loan Agreement as the same become due. Principal of and
interest on this WIFIA Bond shall be made in Dollars and in immediately available funds (without
counterclaim, offset or deduction). Any payment in respect of this WIFIA Bond shall be treated
as a payment in respect of the WIFIA Loan and any prepayment of principal in respect of the
WIFIA Loan shall be treated as a redemption in respect of this WIFIA Bond. If the Final Maturity
Date is adjusted in accordance with the WIFIA Loan Agreement, the due date of this WIFIA Bond
shall be deemed to be amended to change the due date to such revised Final Maturity Date without
any further action required on the part of the Borrower or the WIFIA Lender and such amendment
shall in no way amend, modify or affect the other provisions of this WIFIA Bond without the prior
written agreement of the WIFIA Lender. Any such amendment shall be reflected in a revised
WIFIA Loan Amortization Schedule.
This WIFIA Bond has been executed under and pursuant to the WIFIA Loan Documents
and is issued pursuant to the WIFIA Bond Ordinance to evidence the obligation of the Borrower
under the WIFIA Loan Documents to repay the loan made by the WIFIA Lender and any other
payments of any kind required to be paid by the Borrower under the WIFIA Loan Agreement or
the other WIFIA Loan Documents referred to therein. Reference is made to the WIFIA Loan
Agreement for all details relating to the Borrower’s obligations hereunder.
This WIFIA Bond is issued pursuant to Section 15 of the Debt Reform Act and the Illinois
Municipal Code, as amended (the “Municipal Code”) and all laws amendatory thereof or
supplementary thereto. This WIFIA Bond is issued pursuant to the Debt Reform Act for the
purpose of providing for the enhancement of the System through the Project. This WIFIA Bond
Exhibit A-3
3964889.6 047899 CTR
is a general obligation Alternate Bond payable from the Pledged Revenues and the Pledged Taxes,
all in accordance with the Debt Reform Act and the Municipal Code.
Payment of the obligations of the Borrower under this WIFIA Bond is secured by Liens on
the Pledged Collateral pursuant to the WIFIA Loan Documents. This WIFIA Bond is a Parity
Obligation entitled to all of the benefits of a Parity Obligation under the WIFIA Loan Documents
and all other Parity Obligation Documents.
The Lien on the Pledged Revenues securing this WIFIA Bond is and shall be (a) on a parity
in right of payment and right of security to the Liens on the Pledged Revenues in favor of all other
Parity Obligations and (b) senior in right of payment and right of security to any Lien on the
Pledged Revenues in favor of any Subordinate Obligations.
The Pledged Taxes shall be used only for the purpose of paying principal of and interest
on this WIFIA Bond. The Borrower’s full faith and credit and taxing power are irrevocably pledged
hereunder for the payment of this WIFIA Bond. The Borrower shall levy, extend and collect the
Pledged Taxes for the payment of this WIFIA Bond, subject only to the Borrower’s right to abate
the levy of the Pledged Taxes to the extent of the funding of the Water Fund from the Pledged
Revenues for the payment of WIFIA Debt Service, as further described in the WIFIA Loan
Documents.
This WIFIA Bond is issued for a lawful corporate purpose. This WIFIA Bond does not and
will not constitute an indebtedness of the Borrower within the meaning of any constitutional
provision or limitation, unless the Pledged Taxes shall be extended pursuant to the general
obligation, full faith and credit promise supporting this WIFIA Bond, in which case the amount of
this WIFIA Bond then outstanding shall be included in the computation of indebtedness of the
Borrower for purposes of all statutory provisions or limitations until such time as an audit of the
Borrower shall show that this WIFIA Bond shall have been paid from the Pledged Revenues for a
complete fiscal year, in accordance with the Debt Reform Act.
This WIFIA Bond may be prepaid at the option of the Borrower, without penalty or
premium, (i) in full on any date on or after the Final Disbursement Date or (ii) in part on any
Payment Date on or after the Final Disbursement Date (and, if in part, the amounts thereof to be
prepaid are to be determined by the Borrower; provided, such prepayments shall be in principal
amounts of at least $500,000 or any integral multiple of $1.00 in excess thereof), in each case from
time to time but not more than once annually in accordance with the WIFIA Loan Agreement.
Any delay on the part of the WIFIA Lender in exercising any right hereunder shall not
operate as a waiver of any such right, and any waiver granted with respect to one default shall not
operate as a waiver in the event of any subsequent default.
All acts, conditions and things required by the Constitution and laws of the State to happen,
exist, be done, or be performed precedent to and in the issuance of this WIFIA Bond have
happened, exist, have been done and have been performed in regular and due form and time as
required. This WIFIA Bond is issued with the intent that the federal laws of the United States of
America shall govern its construction to the extent such federal laws are applicable and the internal
laws of the State shall govern its construction to the extent such federal laws are not applicable.
Exhibit A-4
3964889.6 047899 CTR
Provision has been made for the collection of the Pledged Revenues, the levy and collection
of the Pledged Taxes, and the segregation of the Pledged Collateral to pay the interest hereon as it
falls due and also to pay and discharge the principal hereof as it falls due.
The Borrower hereby covenants and agrees that it will properly account for said Pledged
Collateral and will comply with all the covenants of and maintain the funds and accounts as
provided by the WIFIA Loan Documents and, as applicable, the other Parity Obligation
Documents.
This WIFIA Bond shall not be valid or become obligatory for any purpose until the
certificate of authentication hereon shall have been signed manually by the City Treasurer (the
“Authenticating Agent”) as the authenticating agent of the Borrower for this issue.
[Signature page follows.]
[Signature Page to WIFIA Bond]
Exhibit A-5
3964889.6 047899 CTR
IN WITNESS WHEREOF, the UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS has caused this WIFIA Bond to be executed in its name and attested by its duly
authorized officer and has caused its seal to be affixed hereto or printed hereon, all as of the Dated
Date set forth above.
(SEAL)
UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
by its authorized representative
By:______________________________
Name:
Title:
ATTEST:
By:____________________
Name:
Title:
Exhibit A-6
3964889.6 047899 CTR
CERTIFICATE OF AUTHENTICATION
This WIFIA Bond is the WIFIA Bond described in the within-mentioned WIFIA Bond
Ordinance.
Dated as of the Dated Date set forth above.
TREASURER OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY,
ILLINOIS
By: ___________________________
City Treasurer
Exhibit A-7
3964889.6 047899 CTR
(FORM OF ASSIGNMENT)
FOR VALUE RECEIVED, the undersigned hereby unconditionally sells, assigns
and transfers unto ______________________________________________________________
(Please Insert Social Security or other identifying number of Assignee(s)):
the within WIFIA Bond and all rights thereunder and does hereby irrevocably constitute and
appoint ______________________________________________________________ attorney
to transfer the said WIFIA Bond on the books kept for registration thereof with full power of
substitution in the premises.
Dated: ________________
NOTICE: The signature to this assignment
must correspond with the name of the
registered owner as it appears upon the face of
the within WIFIA Bond in every particular,
without alteration or enlargement or any
change whatever.
Exhibit B-1
3964889.6 047899 CTR
EXHIBIT B
FORM OF CLOSING CERTIFICATE
Reference is made to that certain WIFIA Loan Agreement, dated as of [_____], 2026 (the
“WIFIA Loan Agreement”), by and among the United City of Yorkville, Kendall County, Illinois
(the “Borrower”) and the United States Environmental Protection Agency, acting by and through
the Administrator (the “WIFIA Lender”). Capitalized terms used in this certificate and not
defined shall have the respective meanings ascribed to such terms in the WIFIA Loan Agreement.
In connection with Section 11(a) (Conditions Precedent to Effectiveness) of the WIFIA Loan
Agreement, the undersigned, as the Borrower’s Authorized Representative, does hereby certify on
behalf of the Borrower and not in his/her personal capacity, as of the date hereof:
(a) pursuant to Section 11(a)(v) of the WIFIA Loan Agreement, attached hereto as
Annex A is an incumbency certificate that lists persons, together with their
positions and specimen signatures, who are duly authorized by the Borrower to
execute the WIFIA Loan Documents to which the Borrower is or will be a party,
and who have been appointed as a Borrower’s Authorized Representative in
accordance with Section 21 (Borrower’s Authorized Representative) of the WIFIA
Loan Agreement;
(b) pursuant to Section 11(a)(ii) of the WIFIA Loan Agreement, the Borrower has
delivered to the WIFIA Lender copies of (i) the Parity Obligation Documents with
respect to the Existing Parity Obligations, and (ii) any Other Financing Document
with respect to which all or a portion of the proceeds are or will be applied to fund
all or any portion of Total Project Costs, in each case that has been entered into on
or prior to the Effective Date, and each such document is complete, fully executed,
and in full force and effect, and all conditions contained in the Related Documents
that are necessary to the closing of the WIFIA transaction contemplated hereby (if
any) have been fulfilled;
(c) pursuant to Section 11(a)(v)(A) of the WIFIA Loan Agreement, (i) the Maximum
Principal Amount, together with the amount of any other credit assistance provided
under the Act to the Borrower, does not exceed eighty percent (80%) of reasonably
anticipated Eligible Project Costs; (ii) the aggregate amount of Eligible Project
Costs previously incurred prior to the Effective Date does not exceed twenty
percent (20%) of Eligible Project Costs; and (iii) the total federal assistance
provided to the Project, including the Maximum Principal Amount, does not exceed
eighty percent (80%) of Total Project Costs;
(d) pursuant to Section 11(a)(v)(B) of the WIFIA Loan Agreement, the Borrower is in
compliance with NEPA and any applicable federal, state or local environmental
review and approval requirements with respect to the Project;
(e) pursuant to Section 11(a)(v)(C) of the WIFIA Loan Agreement, the Borrower has
(i) obtained a FEIN, as evidenced by the Borrower’s W-9 which is included in the
Exhibit B-2
3964889.6 047899 CTR
closing transcripts for the WIFIA Loan, and a UEI, in each case as set forth on Part
A of Schedule I (WIFIA Loan Specific Terms) to the WIFIA Loan Agreement, and
(ii) registered with SAM and obtained confirmation of active SAM registration
status, which confirmation is included in the closing transcripts for the WIFIA
Loan;
(f) pursuant to Section 11(a)(v)(D) of the WIFIA Loan Agreement, the Borrower has
obtained the WIFIA CUSIP Number, as set forth on Part A of Schedule I (WIFIA
Loan Specific Terms) to the WIFIA Loan Agreement, and which confirmation is
included in the closing transcripts for the WIFIA Loan;
(g) pursuant to Section 11(a)(v)(E) of the WIFIA Loan Agreement, the representations
and warranties of the Borrower set forth in the WIFIA Loan Agreement and in each
other WIFIA Loan Document to which the Borrower is a party are true and correct
on and as of the date hereof, except to the extent that such representations and
warranties expressly relate to an earlier date, in which case such representations
and warranties were true and correct as of such earlier date;
(h) pursuant to Section 11(a)(v)(F) of the WIFIA Loan Agreement, no Material
Adverse Effect, or any event or condition that could reasonably be expected to have
a Material Adverse Effect, has occurred or arisen since the date of the Application;
and
(i) pursuant to Section 11(a)(vi) of the WIFIA Loan Agreement, the rating letter
delivered to the WIFIA Lender pursuant to such Section 11(a)(vi) has not been
reduced, withdrawn or suspended as of the Effective Date.
[Signature page follows.]
Exhibit B-3
3964889.6 047899 CTR
IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date first
mentioned above.
UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS,
by its authorized representative
By: _______________________________
Name:
Title:
Exhibit B-4
3964889.6 047899 CTR
ANNEX A
INCUMBENCY CERTIFICATE
The undersigned certifies that he/she is the City Clerk of the United City of Yorkville,
Kendall County, Illinois, a non-home-rule municipality and political subdivision of the State of
Illinois (the “Borrower”), and as such he/she is authorized to execute this certificate and further
certifies that the following persons have been elected or appointed, are qualified, and are now
acting as officers or authorized persons of the Borrower in the capacity or capacities indicated
below, and that the signatures set forth opposite their respective names are their true and genuine
signatures. He/She further certifies that any of the officers listed below is authorized to sign
agreements and give written instructions with regard to any matters pertaining to the WIFIA Loan
Documents as the Borrower’s Authorized Representative (each as defined in that certain WIFIA
Loan Agreement, dated as of the date hereof, between the Borrower and the United States
Environmental Protection Agency, acting by and through the Administrator):
Name Title Signature
[_______________] [___________________] ________________________
[_______________] [___________________] ________________________
[_______________] [___________________] ________________________
[_______________] [___________________] ________________________
[_______________] [___________________] ________________________
[Signature page follows.]
Exhibit B-5
3964889.6 047899 CTR
IN WITNESS WHEREOF, the undersigned has executed this certificate as of this
[________] day of [_____], 2026.
UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS,
by its authorized representative
By: _______________________________
Name:
Title:
Exhibit C-1
3964889.6 047899 CTR
EXHIBIT C
FORM OF PUBLIC BENEFITS REPORT
Pursuant to [Section 11(a)(vii)) and] Part D of Schedule V (Reporting Requirements) of the WIFIA
Loan Agreement (as defined below), the United City of Yorkville, Kendall County, Illinois (the
“Borrower”) is providing this Public Benefits Report in connection with the Yorkville WaterLink
Project (WIFIA ID – N22149IL). Capitalized terms used in this certificate and not defined shall
have the respective meanings ascribed to such terms in the WIFIA Loan Agreement dated
[______], 2026 (the “WIFIA Loan Agreement”), between the Borrower and the United States
Environmental Protection Agency, acting by and through the Administrator.
Reporting Period: [Prior to the Effective Date][within ninety (90) days following the Substantial
Completion Date][within ninety (90) days following the fifth (5th) anniversary of the Substantial
Completion Date]
(i) The number of total jobs and direct jobs projected to be created by the Project during
the period between the Effective Date and the Substantial Completion Date:
WIFIA projects that the Project will create [__] total jobs, of which the Borrower projects
[__] will be direct jobs.
(ii) Indicate (yes or no) whether the Project will assist the Borrower in complying with
applicable regulatory requirements, and if yes, describe how the project assists with
regulatory compliance:
Yes ☐
If yes, additional description: [___]
No ☐
(iii) The Project will assist the Borrower with the following environmental measure:
[___].
Exhibit D-1
3964889.6 047899 CTR
EXHIBIT D
FORM OF REQUISITION
VIA EMAIL
United States Environmental Protection Agency 1
1200 Pennsylvania Avenue NW
WJC-E 7334A
Washington, D.C. 20460
Attention: WIFIA Director
Email: WIFIA_Portfolio@epa.gov
Re: United City of Yorkville, Kendall County, Illinois – Yorkville WaterLink Project (WIFIA
ID – N22149IL)
Ladies and Gentlemen:
Pursuant to Section 4 (Disbursement Conditions) and Schedule IV (Requisition Procedures) of the
WIFIA Loan Agreement, dated as of [______], 2026 (the “WIFIA Loan Agreement”), by and
between the UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (the
“Borrower”) and the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, acting
by and through the Administrator (the “WIFIA Lender”), the Borrower hereby requests a
Disbursement in the amount set forth below in respect of Eligible Project Costs paid or incurred
by the Borrower. Capitalized terms used but not defined herein have the meaning set forth in the
WIFIA Loan Agreement.
In connection with this Requisition, the undersigned, as the Borrower’s Authorized
Representative, hereby represents and certifies the following:
1. Project name Yorkville WaterLink Project
2. Borrower name United City of Yorkville, Kendall County,
Illinois
3. WIFIA Loan ID N22149IL
4. Borrower UEI E646HGMGZF83
5. Borrower FEIN 36-6006169
6. Requisition number [___]
7. Requested Disbursement amount $[___]
8. Requested date of Disbursement
(the “Disbursement Date”)2
[___]
9. Total amounts previously disbursed under the
WIFIA Loan Agreement
$[___]
1 If there is a Servicer for the WIFIA Loan, provide a copy to the Servicer as well and include its notice details here.
2 Note this should be the actual disbursement date on which the Borrower requests to receive the funds, not the date
that this Requisition form is submitted to the WIFIA Lender.
Exhibit D-2
3964889.6 047899 CTR
10. ACH transfer instructions [___]
11. As of the date hereof, and immediately after giving effect to the Disbursement of WIFIA
Loan proceeds requested under this Requisition, (a) no Default or Event of Default and no
event of default under any other Related Document has occurred and is continuing and (b)
no event that, with the giving of notice or the passage of time or both, would constitute an
event of default under any other Related Document, has occurred and is continuing.
12. No Material Adverse Effect, or any event or condition that could reasonably be expected
to have a Material Adverse Effect, has occurred since the Effective Date.
13. The aggregate amount of all Disbursements (including the requested Disbursement amount
under this Requisition but excluding any interest that is capitalized in accordance with the
WIFIA Loan Agreement) does not exceed (a) the Maximum Principal Amount or (b) the
amount of Eligible Project Costs paid or incurred by the Borrower.
14. The Eligible Project Costs for which reimbursement or payment is being requested has not
been reimbursed or paid by any previous disbursement of (a) WIFIA Loan proceeds or (b)
any other source of funding for the Project as identified in the Project Budget.
15. The Borrower, and each of its contractors and subcontractors at all tiers with respect to the
Project, has complied with all applicable laws, rules, regulations and requirements,
including 40 U.S.C. §§ 3141-3144, 3146, and 3147 (relating to Davis-Bacon Act
requirements) (and regulations relating thereto) and 33 U.S.C. § 3914 (relating to American
iron and steel products). Supporting documentation, such as certified payroll records and
certifications for all iron and steel products used for the Project, are being maintained and
are available for review upon request by the WIFIA Lender.
16. The representations and warranties of the Borrower set forth in the WIFIA Loan Agreement
and in each other WIFIA Loan Document are true and correct as of the date hereof and as
of the Disbursement Date, except to the extent such representations and warranties
expressly relate to an earlier date (in which case, such representations and warranties are
true and correct as of such earlier date).
17. The Borrower has delivered all required deliverables under and in compliance with the
requirements of Schedule V (Reporting Requirements), except as has been otherwise
agreed by the WIFIA Lender.3
18. The amount hereby being requested for Disbursement is with respect to Eligible Project
Costs for which [all][a portion][none] of the Eligible Project Costs Documentation was
previously submitted to and approved by the WIFIA Lender in accordance with Schedule
IV (Requisition Procedures) and Schedule V (Reporting Requirements) of the WIFIA Loan
Agreement. The [following table below][attached excel sheet] sets out a summary of any
Eligible Project Costs that have not otherwise been previously submitted to the WIFIA
3 The most recent quarterly progress report should set out a summary of the progress of construction of the Project, as
well as a general description of the work done for which the funds being requisitioned are being applied and a summary
of any material changes/risks. If not, PM should request additional information (including a risk register, if applicable).
Exhibit D-3
3964889.6 047899 CTR
Lender for approval, and supporting Eligible Project Costs Documentation in respect of
such new Eligible Project Costs is attached hereto. 4
WIFIA USE ONLY
Vendor or
Contractor
Name 5
Invoice
Number6
Invoice
Date
Payment
Date
Invoice
Amount
WIFIA
Requested
Amount7
Activity
Type8
Description
of Activity 9
Approved
Amount
Notes
The undersigned acknowledges that if the Borrower makes a false, fictitious, or fraudulent claim,
statement, submission, or certification to the Government in connection with the Project, the
Government reserves the right to impose on the Borrower the penalties of 18 U.S.C. § 1001, to the
extent the Government deems appropriate.
Date: _______________________ UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS,
by its authorized representative
By: _______________________________
Name:
Title:___________________________
4 See Schedules IV and V and Exhibit E of the WIFIA Loan Agreement for additional details on EPC Documentation.
5 If seeking reimbursement for internal costs, enter “Internally financed activities.”
6 Vendor’s number indicated on the invoice sent to the Borrower.
7 If the amount requested for reimbursement by the WIFIA Lender is less than the total amount of the invoice, include
an explanation for the difference.
8 Specify whether activity is: (a) Development phase activity, which includes planning, preliminary engineering,
design, environmental review, revenue forecasting and other pre-construction activities; (b) Construction, which
includes construction, reconstruction, rehabilitation and replacement activities; (c) Acquisition of real property,
which includes acquiring an interest in real property, environmental mitigation, construction contingencies and
acquisition of equipment; (d) Carrying costs, including capitalized interest, as necessary to meet market requirements,
reasonably required reserve funds, capital issuance expenses and other carrying costs during construction; (e) WIFIA
fees, including for application and credit processing; or (f) Other, with an explanation in the “Description of Activity”
column.
9 Provide a brief description of the activities included in the invoice for which WIFIA funds are being requested and
any other notes that will aid in the review of the disbursement request.
Exhibit E-1
3964889.6 047899 CTR
EXHIBIT E
FORM OF CERTIFICATION OF ELIGIBLE PROJECT COSTS DOCUMENTATION
VIA EMAIL
United States Environmental Protection Agency 1
1200 Pennsylvania Avenue NW
WJC-E 7334A
Washington, D.C. 20460
Attention: WIFIA Director
Email: WIFIA_Portfolio@epa.gov
Re: United City of Yorkville, Kendall County, Illinois – Yorkville WaterLink Project (WIFIA
ID – N22149IL)
Ladies and Gentlemen:
Pursuant to Part C of Schedule V (Reporting Requirements) of the WIFIA Loan Agreement, dated
as of [______], 2026 (the “WIFIA Loan Agreement”), by and between the UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS (the “Borrower”) and the UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY, acting by and through the Administrator (the
“WIFIA Lender”), the Borrower hereby presents this certificate in connection with the
Borrower’s delivery of Eligible Project Costs Documentation to the WIFIA Lender. Capitalized
terms used but not defined herein have the meaning set forth in the WIFIA Loan Agreement.
The undersigned does hereby represent and certify the following:
1. This certificate is being delivered to the WIFIA Lender in connection with the Eligible
Project Costs during the period between [___] and [___] (the “Quarterly Period”).
2. A summary of the Eligible Project Costs incurred, invoiced and/or paid (as the case may
be) is set out in the [attached excel sheet][table on the following page:]
1 If there is a Servicer for the WIFIA Loan, provide a copy to the Servicer as well and include its notice details here.
Exhibit E-2
3964889.6 047899 CTR
3. The anticipated sources of funding for such Eligible Project Costs are [listed below][set
forth in the attached excel sheet].
4. Supporting Eligible Project Costs Documentation for the above Eligible Project Costs for
the Quarterly Period are also attached hereto.6
5. The most recently delivered Construction Monitoring Report delivered in accordance with
Part C of Schedule V (Reporting Requirements) sets out a summary of the progress of
construction of the Project, no change has occurred since the date of such Construction
Monitoring Report that could reasonably be expected to cause a Material Adverse Effect,
and the Borrower is otherwise in compliance with Part C of Schedule V (Reporting
Requirements).
Date: _______________________ UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS,
by its authorized representative7
By: _______________________________
Name:
Title:___________________________
2 If the expectation is to seek reimbursement for internal costs, enter “Internally financed activities.”
3 Vendor’s number indicated on the invoice sent to the Borrower.
4 Specify whether activity is: (a) Development phase activity, which includes planning, preliminary engineering,
design, environmental review, revenue forecasting and other pre-construction activities; (b) Construction, which
includes construction, reconstruction, rehabilitation and replacement activities; (c) Acquisition of real property,
which includes acquiring an interest in real property, environmental mitigation, construction contingencies and
acquisition of equipment; (d) Carrying costs, including capitalized interest on other Project-related System
Obligations during construction, as necessary to meet market requirements, reasonably required reserve funds, capital
issuance expenses and other carrying costs during construction; (e) WIFIA fees, including for application and credit
processing; or (f) Other, with an explanation in the ”Description of Activity” column.
5 Provide a brief description of the activities included in the invoice for which WIFIA funds are being requested and
any other notes that will aid in the review of the documentation.
6 See Schedules IV and V of the WIFIA Loan Agreement for additional details on EPC Documentation.
7 To be executed by the Borrower’s Authorized Representative.
WIFIA USE ONLY
Vendor or
Contractor
Name 2
Invoice
Number3
Invoice
Date
Payment
Date
Invoice
Amount
Activity
Type4
Description
of Activity 5
Approved
Amount
Notes
Exhibit F-1
3964889.6 047899 CTR
EXHIBIT F
FORM OF CONSTRUCTION MONITORING REPORT
VIA EMAIL
United States Environmental Protection Agency
1200 Pennsylvania Avenue NW
WJC-E 7334A
Washington, DC 20460
Attn: WIFIA Director
Email: WIFIA_Portfolio@epa.gov
Re: United City of Yorkville, Kendall County, Illinois – Yorkville WaterLink Project (WIFIA ID
– N22149IL)
This Construction Monitoring Report for the period of [insert relevant quarterly period] (the
“Quarterly Period”) is provided pursuant to Part C of Schedule V (Reporting Requirements) of
the WIFIA Loan Agreement, dated as of [______], 2026 (the “WIFIA Loan Agreement”), by
and between the UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (the
“Borrower”) and the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, acting
by and through the Administrator of the Environmental Protection Agency (the “WIFIA
Lender”). Unless otherwise defined herein, all capitalized terms in this Construction Monitoring
Report have the meanings assigned to those terms in the WIFIA Loan Agreement.
1. Project Status. Provide a narrative summary of the Project’s construction progress during
the Quarterly Period, including with respect to the Project components or sub-projects
where appropriate. Complete the table in Appendix A to update the Project scope, schedule,
and costs with the latest information.
2. Current Projected Substantial Completion Date:
If the current Projected Substantial Completion Date differs than the date set forth in the
Construction Monitoring Report most recently delivered to the WIFIA Lender (or, if no
such report has yet been provided, the date of the Projected Substantial Completion Date
set forth in the WIFIA Loan Agreement as of the Effective Date), provide a description in
reasonable detail for such projected delay or difference:
3. Material Problems (if any)
Exhibit F-2
3964889.6 047899 CTR
Note any problems encountered or anticipated during the construction of the Project
during the Quarterly Period that (1) impedes Project completion within the scope, costs,
and schedule outlined in the WIFIA Loan Agreement or (2) relates to unforeseen
complications in connection with the construction of the Project. This may include
commissioning/start-up issues, constructability issues for the Project as planned, adverse
impacts to Project surroundings, changes in or issues with meeting environmental or
federal compliance requirements, and unanticipated or abnormal permit approval
timelines. Include an assessment of the impact and any current plans to address the
problems.
4. Other Matters Related to the Project (if applicable)
Date: _______________________ UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS,
By: _______________________________
Name: _____________________________
Title:_______________________________
Exhibit F-3
3964889.6 047899 CTR
APPENDIX A 1
Table Definitions:
Project Component – project name or ID as tracked by the borrower
Complete (Y/N) – indication that project is complete, and no additional updates will be provided
Description – brief overview of scope of work for the project component.
Location – physical project boundaries
Covered by existing NEPA? – refer to the environmental review documents that is the basis for the NEPA finding. Is the project within the
geographic scope and scope of activities described in the documents?
Contract/Vendor – the contract identifier and contractor that is/will be completing the project construction.
Bid Advertisement Date – the date the bid was advertised
Contract Award Date – the date the contract was awarded
NTP Effective Date – the effective date to proceed with the construction in the Notice to Proceed
Original Substantial Completion Date – the substantial completion date for the given project as noted in the original contract award
Estimated Substantial Completion Date – the latest date estimate for substantial completion for the given project component
Original Contract Amount – the original contract award amount
Estimated Costs to Complete – the latest cost estimates to complete the given project component
Costs Earned or Paid to Date – the latest incurred contract costs for the given project component
Total – Total the cost amounts across all project components and contracts
1 Appendix A summarizes all project components that will be bid in the next quarter, are currently under construction,
or have completed construction. It should be a cumulative list of projects that is updated each quarter. A Microsoft
Excel spreadsheet with similar table format is acceptable.
Project Scope Project Schedule Project Costs
Project
Compone
nt
Complete
(Y/N)
Descripti
on Location
Covered
by
existing
NEPA?
Contract/
Vendor
Bid
Advertise
ment
Date
Contract
Award
Date
NTP
Effective
Date
Original
Substanti
al
Completi
on Date
Estimate
d
Substanti
al
Completi
on Date
Original
Contract
Amount
Estimate
d Costs
to
Complete
Costs
Earned
or Paid
to Date
Total
Exhibit G-1
3964889.6 047899 CTR
EXHIBIT G
FORM OF CERTIFICATE OF SUBSTANTIAL COMPLETION
[Letterhead of Borrower]
[Date]
VIA EMAIL
United States Environmental Protection Agency
1200 Pennsylvania Avenue NW
WJC-E 7334A
Washington, DC 20460
Attn: WIFIA Director
Email: WIFIA_Portfolio@epa.gov
Project: Yorkville WaterLink Project (WIFIA ID – N22149IL)
Dear Director:
This Notice is provided pursuant to Part E of Schedule V (Reporting Requirements) of that certain
WIFIA Loan Agreement (the “WIFIA Loan Agreement”), dated as of [______], 2026, by and
between the UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (the
“Borrower”) and the UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, acting
by and through its Administrator (the “WIFIA Lender”).
Unless otherwise defined herein, all capitalized terms in this certificate have the meanings assigned
to those terms in the WIFIA Loan Agreement.
I, the undersigned, in my capacity as the Borrower’s Authorized Representative and not in my
individual capacity, do hereby certify to the WIFIA Lender that:
(a) the Project has satisfied each of the requirements for Substantial Completion set forth in
the Construction Contracts;
(b) Substantial Completion has been declared under each of the relevant Construction
Contracts and copies of the notices of Substantial Completion under such agreements are
attached to this certification;
(c) Substantial Completion, as defined in the WIFIA Loan Agreement, has been achieved and
the Substantial Completion Date is [___]; and
(d) The total federal assistance provided to the Project, including the Maximum Principal
Amount, does not exceed eighty percent (80%) of Total Project Costs.
UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS,
by its authorized representative
By: _______________________________
Exhibit G-2
3964889.6 047899 CTR
Name:
Title:
Exhibit H1-1
3964889.6 047899 CTR
EXHIBIT H-1
OPINIONS REQUIRED FROM GENERAL COUNSEL TO BORROWER 1
An opinion of the counsel of the Borrower, dated as of the Effective Date, to the effect that:
(a) the Borrower is duly formed, validly existing, and in good standing under the laws of
the jurisdiction of its organization;
(b) the Borrower has all requisite power and authority to conduct its business and to execute
and deliver, and to perform its obligations under the WIFIA Loan Documents to which it is a party;
(c) the execution and delivery by the Borrower of, and the performance of its respective
obligations under, the WIFIA Loan Documents to which it is a party, have been duly authorized
by all necessary organizational or regulatory action, and other than the Organizational Documents
and the WIFIA Bond Ordinance, no further instruments or documents are necessary for the
Borrower to execute and deliver, and to perform its obligations under, the WIFIA Loan Documents
to which it is a party and to consummate and implement the transactions contemplated by the
WIFIA Loan Documents;
(d) the Borrower has duly executed and delivered each WIFIA Loan Document to which it
is a party and each such WIFIA Loan Document constitutes the legal, valid and binding obligation
of the Borrower, enforceable against the Borrower in accordance with their respective terms;
(e) the WIFIA Bond Ordinance was duly adopted by the Borrower’s City Council on
January 13, 2026 at a meeting thereof which was duly called and held pursuant to law and with all
public notice required by law, and at which a quorum was present and acting throughout, and the
WIFIA Bond Ordinance is in full force and effect and has not been modified, amended, rescinded
or repealed;
(f) no authorization, consent, or other approval of, or registration, declaration or other filing
with any governmental authority of the United States of America or of the State is required on the
part of the Borrower for the execution and delivery by such party of, and the performance of such
party under, any WIFIA Loan Document to which it is a party other than authorizations, consents,
approvals, registrations, declarations and filings that have already been timely obtained or made
by the Borrower;
(g) the execution and delivery by the Borrower of, and compliance with the provisions of,
the WIFIA Loan Documents to which it is a party in each case do not (i) violate the Organizational
Documents of the Borrower, (ii) violate the law of the United States of America or of the State or
(iii) conflict with or constitute a breach of or default under any material agreement or other
instrument known to such counsel to which the Borrower is a party, or to the best of such counsel’s
knowledge, after reasonable review, any court order, consent decree, statute, rule, regulation or
any other law to which the Borrower is subject;
(h) the Borrower is not an investment company required to register under the Investment
Company Act of 1940, as amended; and
1 Note to Borrower: Required opinion coverage remains under review.
Exhibit H1-2
3964889.6 047899 CTR
(i) to the knowledge of such counsel after due inquiry, there are no actions, suits,
proceedings or investigations against the Borrower by or before any court, arbitrator or any other
Governmental Authority in connection with the Related Documents, the Project or the System that
are pending.
Exhibit H2-1
3964889.6 047899 CTR
EXHIBIT H-2
OPINIONS REQUIRED FROM BOND COUNSEL TO BORROWER1
An opinion of bond counsel, dated as of the Effective Date, to the effect that:
(a) the Borrower has been duly organized and validly exists as a non-home-rule
municipality and political subdivision of the State created in accordance with the Constitution of
the State and the laws of the State and is now operating under the Illinois Municipal Code, as
amended, and all laws amendatory thereof and supplementary thereto, including the Local
Government Debt Reform Act of the State of Illinois, as amended to the date hereof (the “Debt
Reform Act”), with good right and power to issue the WIFIA Bond;
(b) the Borrower has the right and power under the laws of the State, including the Debt
Reform Act, to enter into the WIFIA Loan Documents and to issue the WIFIA Bond, and each has
been duly authorized, executed and delivered by the Borrower, is in full force and effect, and
constitutes a legal, valid and binding agreement of the Borrower enforceable against the Borrower
in accordance with its respective terms and conditions;
(c) the WIFIA Bond is (i) secured by the Pledged Collateral, (ii) an Alternate Bond entitled
to the benefits of an Alternate Bond under the Debt Reform Act, (iii) a Parity Obligation entitled
to all the benefits of a Parity Obligation under the WIFIA Loan Documents and all other Parity
Obligation Documents, and (iv) is evidence of the debt under the WIFIA Loan Agreement and is
enforceable under the laws of the State without any further action by the Borrower or any other
Person;
(d) the Lien on Pledged Revenues securing the WIFIA Bond ranks pari passu in right of
payment and right of security with all Liens thereon securing other Parity Obligations and is senior
in right of payment and right of security to any Liens thereon securing Subordinate Obligations;
and other than the holder of the WIFIA Bond, no holder of System Obligations or other
indebtedness of the Borrower has any Lien on or right to the Pledged Taxes or any portion thereof;
(e) the WIFIA Loan Documents create the valid and binding assignment and pledge of the
Pledged Collateral to secure the payment of the principal of, interest on, and other amounts payable
in respect of, the WIFIA Bond, irrespective of whether any party has notice of the pledge and
without the need for any physical delivery, recordation, filing or further act;
(f) all actions by the Borrower that are required for the application of Revenues, Pledged
Revenues and Pledged Taxes as required under the WIFIA Loan Documents have been duly and
lawfully made;
(g) the Borrower has complied with the requirements of State law to lawfully pledge the
Pledged Collateral and use the Revenues, the Pledged Revenues and Pledged Taxes as required by
the terms of the WIFIA Loan Documents; and
1 Note to Borrower: Required opinion coverage remains under review.
Exhibit H2-2
3964889.6 047899 CTR
(h) the Borrower is not entitled to claim governmental immunity in any breach of contract
action under the WIFIA Loan Documents.
THIS DRAFT DOCUMENT IS NOT A CONTRACT OR AN OFFER TO ENTER INTO A CONTRACT. IT HAS NOT BEEN APPROVED BY THE
ENVIRONMENTAL PROTECTION AGENCY (“USEPA”) AND DOES NOT INDICATE A COMMITMENT BY USEPA TO PARTICIPATE IN ANY
TRANSACTION OR TO BE BOUND IN ACCORDANCE WITH ANY TERM OR CONDITION SET FORTH HEREIN. ONLY A DOCUMENT AS
EXECUTED BY THE PARTIES WILL CONTAIN THE TERMS THAT BIND THEM.
3964734.9 047899 CTR
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
[Date]
United City of Yorkville, Kendall County, Illinois
651 Prairie Pointe Drive
Yorkville, IL 60560
RE: WIFIA Term Sheet for the United City of Yorkville, Kendall County, Illinois – Yorkville
WaterLink Project (WIFIA ID - N22149IL)
Ladies and Gentlemen:
This WIFIA Term Sheet (this “Term Sheet”) constitutes (a) the approval of the United
States Environmental Protection Agency, acting by and through the Administrator of the
Environmental Protection Agency (hereinafter, the “USEPA”), of the application for credit
assistance of the Borrower (as defined below) received October 18, 2024 (the “Application”) and
(b) the agreement of USEPA to provide financing for the above-referenced project (as further
described below, the “Project”) in the form of a secured loan (the “WIFIA Loan”), pursuant to
the Water Infrastructure Finance and Innovation Act (“WIFIA”), § 5021 et seq. of Public Law
113-121 (as amended, and as may be further amended from time to time, the “Act”), codified as
33 U.S.C. §§ 3901-3915, subject in all respects to (i) the terms and conditions contained herein
and (ii) the execution and delivery of the WIFIA loan agreement to be entered into on or after the
date hereof (the “WIFIA Loan Agreement”) on the terms and conditions acceptable to the
USEPA contained therein. Capitalized terms used but not otherwise defined herein shall have the
meanings ascribed to such terms in the WIFIA Loan Agreement.
By executing this Term Sheet, the Borrower confirms its agreement to reimburse USEPA
for any and all fees and expenses that USEPA incurs for legal counsel, financial advice, and other
consultants in connection with the evaluation of the Project and the negotiation and preparation of
the WIFIA Loan Agreement and related documents, whether or not such agreement is ultimately
executed.
This Term Sheet shall be governed by the federal laws of the United States of America if
and to the extent such federal laws are applicable, and the internal laws of the State of Illinois, if
and to the extent such federal laws are not applicable. This Term Sheet, and any amendments,
waivers, consents or supplements hereto may be executed in any number of counterparts and by
the parties hereto in separate counterparts, each of which when so executed and delivered shall be
deemed an original, but all such counterparts together shall constitute but one and the same
instrument. Electronic delivery of an executed counterpart of a signature page shall be effective as
delivery of an original executed counterpart.
THIS DRAFT DOCUMENT IS NOT A CONTRACT OR AN OFFER TO ENTER INTO A CONTRACT. IT HAS NOT BEEN APPROVED BY THE
ENVIRONMENTAL PROTECTION AGENCY (“USEPA”) AND DOES NOT INDICATE A COMMITMENT BY USEPA TO PARTICIPATE IN ANY
TRANSACTION OR TO BE BOUND IN ACCORDANCE WITH ANY TERM OR CONDITION SET FORTH HEREIN. ONLY A DOCUMENT AS
EXECUTED BY THE PARTIES WILL CONTAIN THE TERMS THAT BIND THEM.
2
3964734.9 047899 CTR
INDICATIVE TERMS OF THE WIFIA LOAN
WIFIA LENDER United States Environmental Protection Agency, an agency
of the United States of America, acting by and through the
Administrator of the Environmental Protection Agency (the
“WIFIA Lender”).
BORROWER United City of Yorkville, Kendall County, Illinois, a duly
organized and validly existing non-home-rule municipality
and political subdivision of the State of Illinois created in
accordance with the Constitution of the State of Illinois and
the laws of the State of Illinois (the “Borrower”).
PROJECT The Project is the Yorkville WaterLink Project, located in
northern Illinois, which consists of water supply
regionalization and water system improvements that will
enable the Borrower, in coordination with neighboring
communities, to connect to a new source of water supply
through the Commission. The Project may include
construction of a shared transmission main, construction of
receiving stations and internal system improvements,
including water main repair and replacements that are
necessary to connect to and receive the new water supply.
WIFIA LOAN AMOUNT A maximum principal amount (sum of disbursements and
excluding capitalized interest) not to exceed $170,000,000;
provided that (a) the maximum principal amount of the
WIFIA Loan, together with the amount of any other credit
assistance provided under the Act, shall not exceed eighty
percent (80%) of reasonably anticipated Eligible Project
Costs, and (b) the total federal assistance for the Project,
including but not limited to the maximum principal amount
of the WIFIA Loan and all federal grants, shall not exceed
eighty percent (80%) of Total Project Costs.
INTEREST RATE The WIFIA Loan shall bear interest at a fixed rate, calculated
by adding one basis point (0.01%) to the rate of securities of
a similar maturity (based on the weighted average life of the
WIFIA Loan) as published, on the execution date of the
WIFIA Loan Agreement, in the United States Treasury
Bureau of the Fiscal Service’s daily rate table for State and
Local Government Series (SLGS) securities.
The WIFIA Loan shall also bear default interest at a rate of
200 basis points above the otherwise applicable interest rate,
THIS DRAFT DOCUMENT IS NOT A CONTRACT OR AN OFFER TO ENTER INTO A CONTRACT. IT HAS NOT BEEN APPROVED BY THE
ENVIRONMENTAL PROTECTION AGENCY (“USEPA”) AND DOES NOT INDICATE A COMMITMENT BY USEPA TO PARTICIPATE IN ANY
TRANSACTION OR TO BE BOUND IN ACCORDANCE WITH ANY TERM OR CONDITION SET FORTH HEREIN. ONLY A DOCUMENT AS
EXECUTED BY THE PARTIES WILL CONTAIN THE TERMS THAT BIND THEM.
3
3964734.9 047899 CTR
at such times and upon such terms as provided in the WIFIA
Loan Agreement.
PAYMENT DATES Principal of and interest on the WIFIA Loan shall be repaid
in accordance with the terms set forth in the WIFIA Loan
Agreement.
The Debt Service Payment Commencement Date shall in no
event be later than five (5) years after the Substantial
Completion Date of the Project.1
FINAL MATURITY DATE The earliest of (a) January 1, 2065; (b) the date on which the
maturity of the WIFIA Loan has been accelerated or subject
to mandatory redemption or prepayment (as the case may be)
(if applicable), as set forth in further detail in the WIFIA
Loan Agreement; and (c) the Principal Payment Date
immediately preceding the date that is thirty-five (35) years
following the Substantial Completion Date, which is
projected to be January 1, 2030.
DEDICATED SOURCE OF
REPAYMENT
The dedicated source of repayment for the WIFIA Loan shall
be (a)(i) the Net Revenues, (ii) all collections of the “places
for eating” sales taxes imposed and collected by the
Borrower, the revenues from which are deposited into the
Water Fund, and (iii) certain moneys on deposit from time to
time in the funds and accounts held within the Water Fund
(together with items (a)(i) and (a)(ii), the “Pledged
Revenues”); and (b) certain ad valorem property taxes levied
against all taxable property located within the United City of
Yorkville, Kendall County, Illinois without limitation as to
rate or amount, as levied and pledged by the Borrower under
the WIFIA Bond Ordinance as security for the WIFIA Bond
(the “Pledged Taxes”).
SECURITY AND LIEN
PRIORITY
As evidence of the Borrower’s obligation to repay the
WIFIA Loan, the Borrower shall issue and deliver to the
WIFIA Lender, as the registered owner, on or prior to the
Effective Date, the WIFIA Bond.
The WIFIA Bond shall be a general obligation Alternate
Bond of the Borrower, for the payment of which its full faith
1 Note to Borrower: We have deleted the Capitalized Interest Period and Interest Only Period provisions from the
term sheet solely for efficiency purposes. These provisions will be included in the WIFIA Loan Agreement. Note,
however, that the date for the end of the Capitalized Interest Period (in brackets in the prior draft) should be
reconsidered for compliance with Section 9 of the Debt Reform Act, which appears to limit capitalized interest to no
more than six months after the Projected Substantial Completion Date.
THIS DRAFT DOCUMENT IS NOT A CONTRACT OR AN OFFER TO ENTER INTO A CONTRACT. IT HAS NOT BEEN APPROVED BY THE
ENVIRONMENTAL PROTECTION AGENCY (“USEPA”) AND DOES NOT INDICATE A COMMITMENT BY USEPA TO PARTICIPATE IN ANY
TRANSACTION OR TO BE BOUND IN ACCORDANCE WITH ANY TERM OR CONDITION SET FORTH HEREIN. ONLY A DOCUMENT AS
EXECUTED BY THE PARTIES WILL CONTAIN THE TERMS THAT BIND THEM.
4
3964734.9 047899 CTR
and credit are irrevocably pledged, and shall be secured by a
senior Lien on the Pledged Revenues and an exclusive Lien
on the Pledged Taxes.
The Lien on the Pledged Revenues to secure the WIFIA
Bond shall be (a) on a parity in right of payment and right of
security to the Liens on the Pledged Revenues in favor of all
other Parity Obligations and (b) senior in right of payment
and right of security to any Lien on the Pledged Revenues in
favor of any Subordinate Obligations.
The Pledged Taxes shall be used only for the purpose of
paying principal of and interest on the WIFIA Bond. The
Borrower shall pledge its full faith and credit and taxing
power for the payment of the WIFIA Bond.
REVENUE COVENANT As set forth in further detail in the WIFIA Loan Agreement
and in addition to any applicable requirements of State law,
the Borrower shall fix, charge and collect rates, fees and
charges for the System during each Borrower Fiscal Year,
which together with all “places for eating” sales taxes
imposed, collected and deposited into the Water Fund during
such Borrower Fiscal Year:
(a) will be at least sufficient to yield Pledged Revenues
(excluding Water Fund account balances, as described in
clause (c) of the definition thereof) for such Borrower
Fiscal Year equal to at least one hundred percent (100%)
of the sum of (i) the aggregate debt service payable
during such Borrower Fiscal Year with respect to all then
Outstanding System Obligations (including the WIFIA
Bond), (ii) the aggregate of all fund or account deposits
required to be made from Net Revenues during such
Borrower Fiscal Year by the terms of the Other Financing
Documents, and (iii) the aggregate of all payments
required to meet any other obligations of the Borrower
that are charges or Liens upon, or that are otherwise
payable from, the Net Revenues during such Borrower
Fiscal Year; and
(b) will be at least sufficient to yield Pledged Revenues
(including Water Fund account balances, as described in
clause (c) of the definition thereof) for such Borrower
Fiscal Year equal to at least one hundred twenty five
percent (125%) of the aggregate debt service payable on
all then Outstanding Parity Obligations (including the
WIFIA Bond).
THIS DRAFT DOCUMENT IS NOT A CONTRACT OR AN OFFER TO ENTER INTO A CONTRACT. IT HAS NOT BEEN APPROVED BY THE
ENVIRONMENTAL PROTECTION AGENCY (“USEPA”) AND DOES NOT INDICATE A COMMITMENT BY USEPA TO PARTICIPATE IN ANY
TRANSACTION OR TO BE BOUND IN ACCORDANCE WITH ANY TERM OR CONDITION SET FORTH HEREIN. ONLY A DOCUMENT AS
EXECUTED BY THE PARTIES WILL CONTAIN THE TERMS THAT BIND THEM.
5
3964734.9 047899 CTR
COVENANT TO LEVY TAXES The Borrower shall levy, and shall take all action within its
control to cause the extension and collection of, the Pledged
Taxes sufficient for the payment of the WIFIA Bond, subject
only to the Borrower’s right to abate the levy of the Pledged
Taxes to the extent of the funding of the Water Fund from
the Pledged Revenues for the payment of WIFIA Debt
Service, as further described in the WIFIA Loan Documents.
ADDITIONAL
INDEBTEDNESS
As set forth in further detail in the WIFIA Loan Agreement
and in addition to any applicable requirements of State law,
the Borrower shall not issue or incur any Additional Parity
Obligations unless the conditions in Section 15(a)
(Indebtedness) of the WIFIA Loan Agreement are satisfied,
including that the Borrower shall have demonstrated prior to
the issuance or incurrence of such Additional Parity
Obligations that, for each Borrower Fiscal Year during
which the proposed Additional Parity Obligations are
projected to be Outstanding, the Pledged Revenues will be at
least equal to one hundred twenty five percent (125%) of the
aggregate debt service payable on all Parity Obligations,
including the proposed Additional Parity Obligations, and all
Subordinate Obligations during each such Borrower Fiscal
Year.
Any such demonstration shall be supported by reference to
the most recent audited Financial Statements, which shall be
for a Borrower Fiscal Year ending not earlier than eighteen
(18) months previous to the time of issuance or incurrence of
the proposed Additional Parity Obligations. If such audited
Financial Statements do not adequately show such Pledged
Revenues or if the audited Financial Statements show that
such Pledged Revenues are insufficient, then the
determination of sufficiency must be supported by the report
of an independent accountant or feasibility analyst using
economically reasonable assumptions.
The Borrower shall not issue or incur any System
Obligations other than Parity Obligations in accordance with
the foregoing requirements unless the conditions in Section
15(a) (Indebtedness) of the WIFIA Loan Agreement are
satisfied and such System Obligations are Additional
Subordinate Obligations that are fully subordinated to the
Parity Obligations in priority of payment (as to both principal
and interest), voting and priority of security interest in the
Pledged Revenues, including with respect to payment from
THIS DRAFT DOCUMENT IS NOT A CONTRACT OR AN OFFER TO ENTER INTO A CONTRACT. IT HAS NOT BEEN APPROVED BY THE
ENVIRONMENTAL PROTECTION AGENCY (“USEPA”) AND DOES NOT INDICATE A COMMITMENT BY USEPA TO PARTICIPATE IN ANY
TRANSACTION OR TO BE BOUND IN ACCORDANCE WITH ANY TERM OR CONDITION SET FORTH HEREIN. ONLY A DOCUMENT AS
EXECUTED BY THE PARTIES WILL CONTAIN THE TERMS THAT BIND THEM.
6
3964734.9 047899 CTR
revenues and reserves and payment upon default or
acceleration of any such Additional Subordinate Obligations.
Additionally, the Borrower may not create, incur or suffer to
exist (A) any System Obligations (i) the payments with
respect to which are senior or prior in right to the payment
by the Borrower of the WIFIA Loan and the other Parity
Obligations or (ii) secured by a Lien on the Pledged
Revenues that is senior to the Lien on the Pledged Revenues
in favor of the WIFIA Lender or (B) any System Obligations,
all or a portion of the proceeds of which are or will be applied
at any time to fund all or any portion of Total Project Costs,
that are secured by a Lien on any assets or property of the
Borrower other than the Pledged Revenues and, if applicable,
ad valorem property taxes (excluding the Pledged Taxes).
RESTRICTED PAYMENTS
AND TRANSFERS
The Borrower shall not permit Pledged Revenues or other
assets of the System, or any funds in any accounts held by or
on behalf of the Borrower with respect to the System or the
Pledged Revenues, to be paid or transferred or otherwise
applied for purposes other than ownership, operation or
maintenance of the System or as otherwise permitted in the
WIFIA Loan Agreement.
WIFIA LOAN
DOCUMENTATION
The WIFIA Loan shall be subject to the preparation,
execution and delivery of the WIFIA Loan Agreement, the
WIFIA Bond and any other loan documentation required by
the WIFIA Lender in connection therewith, in each case
acceptable to the WIFIA Lender and the Borrower, which
will contain certain conditions precedent, representations
and warranties, affirmative and negative covenants, events of
default, and other provisions as agreed between the WIFIA
Lender and the Borrower.
[Signature pages follow]
[Signature page to United City of Yorkville, Kendall County, Illinois – Yorkville WaterLink Project – WIFIA
Term Sheet]
THIS DRAFT DOCUMENT IS NOT A CONTRACT OR AN OFFER TO ENTER INTO A CONTRACT. IT HAS NOT BEEN APPROVED BY THE
ENVIRONMENTAL PROTECTION AGENCY (“USEPA”) AND DOES NOT INDICATE A COMMITMENT BY USEPA TO PARTICIPATE IN ANY
TRANSACTION OR TO BE BOUND IN ACCORDANCE WITH ANY TERM OR CONDITION SET FORTH HEREIN. ONLY A DOCUMENT AS
EXECUTED BY THE PARTIES WILL CONTAIN THE TERMS THAT BIND THEM.
3964734.9 047899 CTR
If the foregoing terms are acceptable, please countersign this letter in the space indicated
below.
Sincerely,
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY, acting by and
through the Administrator of the United States
Environmental Protection Agency
By: _______________________________
Name: Lee M. Zeldin
Title: Administrator
[Signature page to United City of Yorkville, Kendall County, Illinois – Yorkville WaterLink Project – WIFIA
Term Sheet]
THIS DRAFT DOCUMENT IS NOT A CONTRACT OR AN OFFER TO ENTER INTO A CONTRACT. IT HAS NOT BEEN APPROVED BY THE
ENVIRONMENTAL PROTECTION AGENCY (“USEPA”) AND DOES NOT INDICATE A COMMITMENT BY USEPA TO PARTICIPATE IN ANY
TRANSACTION OR TO BE BOUND IN ACCORDANCE WITH ANY TERM OR CONDITION SET FORTH HEREIN. ONLY A DOCUMENT AS
EXECUTED BY THE PARTIES WILL CONTAIN THE TERMS THAT BIND THEM.
3964734.9 047899 CTR
ACKNOWLEDGED AND AGREED:
UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
by its authorized representative
By: _______________________________
Name:
Title:
Speer Financial, Inc. INDEPENDENT MUNICIPAL ADVISORS
SUITE 2630 • 230 WEST MONROE STREET • CHICAGO, ILLINOIS 60606 • (312) 346-3700 • FAX (312) 346-8833
SUITE 608 • 531 COMMERCIAL STREET • WATERLOO, IOWA 50701 • (319) 291-2077 • FAX (319) 291-8628
ESTABLISHED 1954
DANIEL FORBES RAPHALIATA McKENZIE MAGGIE BURGER ANTHONY MICELI MARK JERETINA AARON GOLD
President Senior Vice President Senior Vice President Senior Vice President Senior Vice President Senior Vice President
January 5, 2026
Mr. Rob Fredrickson
Finance Director
United City of Yorkville
651 Prairie Pointe Drive
Yorkville, Illinois 60560
Re: United City of Yorkville, Illinois
Preliminary Revenue Sufficiency Report for the Water Infrastructure Finance and Innovation Act
(WIFIA) Loan
Dear Mr. Fredrickson:
As you requested, Speer Financial, Inc. has prepared the following Revenue Sufficiency Report (the
“Report”) related to the United City of Yorkville, Illinois (the “City”) execution of a WIFIA loan issued
through the United States Environmental Protection Agency (the “Loan”). This report is based upon
information supplied by the City and Engineering Enterprises, Inc. as to its Pledged Revenues (as
hereinafter defined) and the debt service on the Loan. Speer Financial, Inc. is not a legal or accounting
firm, and accordingly does not express any legal or accounting interpretations or conclusions in this report.
This report is not a guarantee of the sufficiency of the Pledged Revenues to pay debt service on the Loan.
Speer Financial, Inc. hereby certifies that it is a feasibility analyst having a national reputation for expertise
in such matters within the meaning of the Local Government Debt Reform Act. Speer Financial, Inc. is a
nationally recognized firm of employee-owned municipal finance consultants. Since 1996, we have
participated in the sale of over $22 billion in taxable and tax-exempt securities as general obligation bonds,
revenue bonds, refunding bonds, tax increment bonds and special service area bonds.
Sincerely,
SPEER FINANCIAL, INC.
Anthony F Miceli
Senior Vice President
Enclosures
Copy to: Randall Kulat, Croke Fairchild Duarte & Beres
Speer Financial, Inc.
INDEPENDENT MUNICIPAL ADVISORS
Page 2
The United City of Yorkville, Illinois (the “City”)
Water Infrastructure Finance and Innovation Act (WIFIA) Loan Issued by the US EPA
(the “Loan”)
Revenue Sufficiency Report
The Project
Loan proceeds will be used finance improvements to existing City Water Supply System (the “System”) infrastructure,
necessary to provide for a new source of water supply from the DuPage Water Commission, including the following
subprojects: (a) the DuPage Water Commission Transmission Main Construction Cost Share; (b) the Water Main
Repair and Replacement; (c) the Receiving Stations Construction; (d) the Water Storage Expansion; and (e) the Water
Treatment Plant Decommissioning (collectively, the “Project”).
Pledged Revenues
The Loan is payable from (a)(i) on a parity with the General Obligation (Alternate Revenue Source) Bonds, Series
2023A and General Obligation (Alternate Revenue Source) Bonds, Series 2025A, the net revenues derived from the
operation of the System, (ii) all collections of any non-home rule “places for eating” sales 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; and (b) ad valorem taxes levied against all of the taxable property in
the City without limitation as to rate or amount, except that the rights of the owners of the Bonds and the enforceability
of the Bonds may be limited by bankruptcy, insolvency, moratorium, reorganization and other similar laws affecting
creditors’ rights and by equitable principles, whether considered at law or in equity, including the exercise of judicial
discretion.
Projected Pledged Revenues
Attached as Appendix A is a report prepared by Engineering Enterprises, Inc. (“EEI”) on December 31, 2025 which
details the historical budget and billed water use of the System, the current rate ordinance approved by the City,
projected population for the City and net revenue projections through 2065.
Below is a summary of the historical and projected Pledged Revenues.
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Speer Financial, Inc.
INDEPENDENT MUNICIPAL ADVISORS
Page 3
2021 2022 2023 2024 2025
Operating Revenues 4,373,292$ 4,661,610$ 5,332,272$ 5,774,236$ 6,894,459$
Add Interest Income 1,302 2,031 44,227 422,702 531,848
Sub-Total 4,374,594$ 4,663,641$ 5,376,499$ 6,196,938$ 7,426,307$
Operating Expenses 3,076,583 3,367,489 3,374,470 3,980,188 (4)4,159,719 (5)
Sub-Total 1,298,011$ 1,296,152$ 2,002,029$ 2,216,750$ 3,266,588$
Add Depreciation 1,083,057 1,121,240 1,179,826 1,261,329 1,342,284
Add Connection Fees 689,353 283,084 594,585 985,872 498,122
Places for Eating Tax Revenue(2)- - - 241,229 758,809
Surplus Fund(3)- - - - -
Revenue Available for Debt Service 3,070,421$ 2,700,476$ 3,776,440$ 4,705,180$ 5,865,803$
Notes: (1) Source: the City's Audited Financial Statements.
(2) City Council has approved a Places for Eating Tax on June 27, 2023.
(3) The Ordinance allows for the City to include in its Pledged Water Revenues amounts accumulated
in the Surplus Fund. Currently, the City has not accumulated such funds nor utilized such funds for the
calculation of Revenues Available for Debt Service.
(4) Fiscal Year 2024 Operating Expenses excludes $2,360,397 of capital expenses which were not capitalized
in the FY 2024 audited financial statements related to the City's payment to the DuPage Water Commission.
(5) Fiscal Year 2025 Operating Expenses excludes $7,055,780 of capital expenses which were not capitalized
in the FY 2025 audited financial statements related to the City's payment to the DuPage Water Commission,
water meter replacement, water tower rehab and building improvements.
Fiscal Years Ending April 30
Historical Pledged Revenues(1)
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Speer Financial, Inc.
INDEPENDENT MUNICIPAL ADVISORS
Page 4
2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039
Operating Revenues 8,779,224$ 11,178,892$ 13,384,816$ 16,069,800$ 19,353,280$ 20,426,188$ 21,553,179$ 22,737,934$ 23,990,494$ 25,308,515$ 26,703,806$ 28,169,380$ 29,717,864$ 31,354,009$
Add Interest Income 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000
Sub-Total 9,079,224$ 11,478,892$ 13,684,816$ 16,369,800$ 19,653,280$ 20,726,188$ 21,853,179$ 23,037,934$ 24,290,494$ 25,608,515$ 27,003,806$ 28,469,380$ 30,017,864$ 31,654,009$
Operating Expenses (2)3,005,785 3,101,217 3,274,388 7,476,412 5,669,657 6,038,269 6,408,015 6,634,094 6,971,938 7,322,218 7,847,857 8,097,851 8,507,719 8,952,306
Sub-Total 6,073,439$ 8,377,675$ 10,410,428$ 8,893,388$ 13,983,623$ 14,687,919$ 15,445,164$ 16,403,840$ 17,318,556$ 18,286,297$ 19,155,949$ 20,371,529$ 21,510,144$ 22,701,702$
Places for Eating Tax Revenue(3)734,400 749,088 764,070 779,351 794,938 810,837 827,053 843,595 860,466 877,676 895,229 913,134 931,397 950,024
Surplus Fund(4)- - - - - - - - - - - - - -
Revenue Available for Debt Service 6,807,839$ 9,126,763$ 11,174,498$ 9,672,739$ 14,778,561$ 15,498,755$ 16,272,217$ 17,247,435$ 18,179,022$ 19,163,972$ 20,051,178$ 21,284,663$ 22,441,541$ 23,651,727$
Notes: (1) Source: A report prepared by Engineering Enterprises, Inc. (EEI) on December 31, 2025.
(2) Annual operating expenses exclude capital related expenses and are estimated by the City as of January 2, 2026.
(3) City Council has approved a Places for Eating Tax on June 27, 2023. Projections based on a report prepared by EEI and information supplied by the City.
(4) The Ordinance allows for the City to include in its Pledged Water Revenues amounts accumulated in the Surplus Fund. Currently, the City has not accumulated such funds nor utilized such funds for the
calculation of Revenues Available for Debt Service.
Projected Pledged Revenues(1)
Fiscal Years Ending April 30
2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053
Operating Revenues 33,083,878$ 34,899,582$ 36,814,601$ 38,836,855$ 40,971,677$ 43,221,745$ 45,595,528$ 48,110,118$ 50,758,124$ 53,546,157$ 56,505,480$ 57,231,777$ 59,537,058$ 61,927,375$
Add Interest Income 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$
Sub-Total 33,383,878$ 35,199,582$ 37,114,601$ 39,136,855$ 41,271,677$ 43,521,745$ 45,895,528$ 48,410,118$ 51,058,124$ 53,846,157$ 56,805,480$ 57,531,777$ 59,837,058$ 62,227,375$
Operating Expenses (2)9,414,521$ 10,054,855$ 10,414,775$ 10,955,887$ 11,519,195$ 12,128,099$ 12,937,622$ 13,424,008$ 14,137,992$ 14,883,476$ 15,662,502$ 16,193,402$ 16,920,439$ 17,672,894$
Sub-Total 23,969,357$ 25,144,727$ 26,699,826$ 28,180,968$ 29,752,482$ 31,393,646$ 32,957,907$ 34,986,110$ 36,920,132$ 38,962,681$ 41,142,978$ 41,338,375$ 42,916,619$ 44,554,481$
Places for Eating Tax Revenue(3)969,025$ 988,405$ 1,008,174$ 1,028,337$ 1,048,904$ 1,069,882$ 1,091,280$ 1,113,105$ 1,135,367$ 1,158,075$ 1,181,236$ 1,204,861$ 1,228,958$ 1,253,537$
Surplus Fund(4)- - - - - - - - - - - - - -
Revenue Available for Debt Service 24,938,382$ 26,133,132$ 27,707,999$ 29,209,305$ 30,801,385$ 32,463,528$ 34,049,186$ 36,099,215$ 38,055,499$ 40,120,756$ 42,324,214$ 42,543,236$ 44,145,577$ 45,808,018$
Notes: (1) Source: A report prepared by Engineering Enterprises, Inc. (EEI) on December 31, 2025.
(2) Annual operating expenses exclude capital related expenses and are estimated by the City as of January 2, 2026.
(3) City Council has approved a Places for Eating Tax on June 27, 2023. Projections based on a report prepared by EEI and information supplied by the City.
(4) The Ordinance allows for the City to include in its Pledged Water Revenues amounts accumulated in the Surplus Fund. Currently, the City has not accumulated such funds nor utilized such funds for the
calculation of Revenues Available for Debt Service.
Fiscal Years Ending April 30
Projected Pledged Revenues(1)
Speer Financial, Inc.
INDEPENDENT MUNICIPAL ADVISORS
Page 5
2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065
Operating Revenues 64,414,289$ 67,006,141$ 69,704,130$ 72,510,470$ 75,428,892$ 78,467,317$ 81,621,368$ 84,897,557$ 88,312,121$ 91,860,675$ 95,552,863$ 99,396,632$
Add Interest Income 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$ 300,000$
Sub-Total 64,714,289$ 67,306,141$ 70,004,130$ 72,810,470$ 75,728,892$ 78,767,317$ 81,921,368$ 85,197,557$ 88,612,121$ 92,160,675$ 95,852,863$ 99,696,632$
Operating Expenses 18,480,789$ 19,318,187$ 20,185,956$ 21,117,516$ 22,083,962$ 23,087,300$ 24,164,297$ 25,282,993$ 26,445,203$ 27,691,751$ 28,970,605$ 30,344,247$
Sub-Total 46,233,501$ 47,987,954$ 49,818,173$ 51,692,954$ 53,644,930$ 55,680,016$ 57,757,071$ 59,914,564$ 62,166,918$ 64,468,924$ 66,882,258$ 69,352,386$
Places for Eating Tax Revenue(2)1,278,608$ 1,304,180$ 1,330,264$ 1,356,869$ 1,384,006$ 1,411,686$ 1,439,920$ 1,468,719$ 1,498,093$ 1,528,055$ 1,558,616$ 1,589,788$
Surplus Fund(3)- - - - - - - - - - - -
Revenue Available for Debt Service 47,512,108$ 49,292,134$ 51,148,437$ 53,049,823$ 55,028,936$ 57,091,703$ 59,196,991$ 61,383,283$ 63,665,011$ 65,996,979$ 68,440,874$ 70,942,174$
Notes: (1) Source: A report prepared by Engineering Enterprises, Inc. (EEI) on December 31, 2025.
(2) Annual operating expenses exclude capital related expenses and are estimated by the City as of January 2, 2026.
(3) City Council has approved a Places for Eating Tax on June 27, 2023. Projections based on a report prepared by EEI and information supplied by the City.
(4) The Ordinance allows for the City to include in its Pledged Water Revenues amounts accumulated in the Surplus Fund. Currently, the City has not accumulated such funds nor utilized such funds for the
calculation of Revenues Available for Debt Service.
Projected Pledged Revenues(1)
Fiscal Years Ending April 30
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Speer Financial, Inc.
INDEPENDENT MUNICIPAL ADVISORS
Page 6
Debt Service
Below is a summary of the debt service for the Loan based on the projected amortization as of January 5, 2025.
Substantial Completion:1/1/2030
Final Maturity:1/1/2065
Term:35
Average Life (Years):30.826
Assumed Interest Rate (2):4.87%
Capitalized Interest:1/1/2032
Payment Year:
January 1
Fiscal Year:
April 30 Principal Interest
Capitalized
Interest Total
2026 2026 - - - -
2027 2027 - 3,096,245 (3,096,245) -
2028 2028 - 7,823,169 (7,823,169) -
2029 2029 - 8,825,459 (8,825,459) -
2030 2030 - 9,353,079 (9,353,079) -
2031 2031 - 9,696,070 (9,696,070) -
2032 2032 - 10,168,269 (5,084,134) 5,084,134
2033 2033 - 10,415,866 - 10,415,866
2034 2034 - 10,415,866 - 10,415,866
2035 2035 - 10,415,866 - 10,415,866
2036 2036 - 10,415,866 - 10,415,866
2037 2037 - 10,415,866 - 10,415,866
2038 2038 2,000,000 10,415,866 - 12,415,866
2039 2039 2,790,127 10,318,466 - 13,108,593
2040 2040 2,921,005 10,182,587 - 13,103,592
2041 2041 3,064,008 10,040,334 - 13,104,342
2042 2042 3,217,577 9,891,117 - 13,108,694
2043 2043 3,373,322 9,734,421 - 13,107,743
2044 2044 3,530,798 9,570,140 - 13,100,938
2045 2045 3,707,209 9,398,190 - 13,105,399
2046 2046 3,887,112 9,217,649 - 13,104,761
2047 2047 4,074,390 9,028,347 - 13,102,737
2048 2048 4,276,769 8,829,924 - 13,106,693
2049 2049 4,482,923 8,621,645 - 13,104,568
2050 2050 4,703,466 8,403,327 - 13,106,793
2051 2051 4,929,712 8,174,268 - 13,103,980
2052 2052 7,306,788 7,934,191 - 15,240,979
2053 2053 7,661,036 7,578,351 - 15,239,387
2054 2054 8,033,629 7,205,258 - 15,238,887
2055 2055 9,035,460 6,814,021 - 15,849,481
2056 2056 9,475,488 6,373,994 - 15,849,482
2057 2057 10,167,148 5,912,537 - 16,079,685
2058 2058 11,599,006 5,417,397 - 17,016,403
2059 2059 12,286,407 4,852,526 - 17,138,933
2060 2060 12,884,755 4,254,178 - 17,138,933
2061 2061 13,512,242 3,626,690 - 17,138,932
2062 2062 14,170,289 2,968,644 - 17,138,933
2063 2063 14,860,382 2,278,551 - 17,138,933
2064 2064 15,584,082 1,554,850 - 17,138,932
2065 2065 16,343,027 795,905 - 17,138,932
213,878,157 300,434,997 (43,878,157) 470,434,997
Notes: (1) Estimated amortization based on the Financing Strategy V26.
(2) Interest rate based on the SLGS rate published January 5, 2026.
Estimated WIFIA Debt Service(1)
Total
Speer Financial, Inc.
INDEPENDENT MUNICIPAL ADVISORS
Page 7
Debt Service Coverage
Below we detail the debt service coverage on the Loan utilizing the assumptions detailed above.
Payment Year:
January 1
Fiscal Year:
April 30
Pledged
Revenues
Existing Sr. Lien
Debt Service
WIFIA Debt
Service
Total Senior Lien
Debt Service
Junior Lien Debt
Service (2)
2026 2026 6,807,839 1,605,877 - 1,605,877 4.24 x 125,030 3.93 x
2027 2027 9,126,763 1,759,638 - 1,759,638 5.19 x 288,700 4.46 x
2028 2028 11,174,498 1,761,138 - 1,761,138 6.35 x 1,162,903 3.82 x
2029 2029 9,672,739 1,762,138 - 1,762,138 5.49 x 1,285,430 3.17 x
2030 2030 14,778,561 1,762,638 - 1,762,638 8.38 x 1,285,432 4.85 x
2031 2031 15,498,755 1,762,638 - 1,762,638 8.79 x 1,285,432 5.08 x
2032 2032 16,272,217 1,762,138 5,084,134 6,846,272 2.38 x 1,285,432 2.00 x
2033 2033 17,247,435 1,761,138 10,415,866 12,177,004 1.42 x 1,285,432 1.28 x
2034 2034 18,179,022 1,759,638 10,415,866 12,175,504 1.49 x 1,285,432 1.35 x
2035 2035 19,163,972 2,747,638 10,415,866 13,163,504 1.46 x 1,285,431 1.33 x
2036 2036 20,051,178 2,745,638 10,415,866 13,161,504 1.52 x 1,285,432 1.39 x
2037 2037 21,284,663 2,745,638 10,415,866 13,161,504 1.62 x 1,285,432 1.47 x
2038 2038 22,441,541 2,742,388 12,415,866 15,158,254 1.48 x 1,285,431 1.36 x
2039 2039 23,651,727 2,740,888 13,108,593 15,849,481 1.49 x 1,285,431 1.38 x
2040 2040 24,938,382 2,745,888 13,103,592 15,849,480 1.57 x 1,285,433 1.46 x
2041 2041 26,133,132 2,745,138 13,104,342 15,849,480 1.65 x 1,285,433 1.53 x
2042 2042 27,707,999 2,740,788 13,108,694 15,849,481 1.75 x 1,285,431 1.62 x
2043 2043 29,209,305 2,741,738 13,107,743 15,849,480 1.84 x 1,285,431 1.70 x
2044 2044 30,801,385 2,748,543 13,100,938 15,849,481 1.94 x 1,285,432 1.80 x
2045 2045 32,463,528 2,744,081 13,105,399 15,849,481 2.05 x 1,285,431 1.89 x
2046 2046 34,049,186 2,744,719 13,104,761 15,849,480 2.15 x 1,285,432 1.99 x
2047 2047 36,099,215 2,746,744 13,102,737 15,849,481 2.28 x 1,285,432 2.11 x
2048 2048 38,055,499 2,742,788 13,106,693 15,849,481 2.40 x 1,285,432 2.22 x
2049 2049 40,120,756 2,744,913 13,104,568 15,849,481 2.53 x 1,285,432 2.34 x
2050 2050 42,324,214 2,742,688 13,106,793 15,849,481 2.67 x 1,285,432 2.47 x
2051 2051 42,543,236 2,745,500 13,103,980 15,849,480 2.68 x 1,285,432 2.48 x
2052 2052 44,145,577 608,500 15,240,979 15,849,479 2.79 x 1,285,433 2.58 x
2053 2053 45,808,018 610,094 15,239,387 15,849,480 2.89 x 1,285,432 2.67 x
2054 2054 47,512,108 610,594 15,238,887 15,849,481 3.00 x 1,285,431 2.77 x
2055 2055 49,292,134 - 15,849,481 15,849,481 3.11 x 1,285,432 2.88 x
2056 2056 51,148,437 - 15,849,482 15,849,482 3.23 x 1,285,432 2.99 x
2057 2057 53,049,823 - 16,079,685 16,079,685 3.30 x 1,059,247 3.10 x
2058 2058 55,028,936 - 17,016,403 17,016,403 3.23 x 122,529 3.21 x
2059 2059 57,091,703 - 17,138,933 17,138,933 3.33 x - 3.33 x
2060 2060 59,196,991 - 17,138,933 17,138,933 3.45 x - 3.45 x
2061 2061 61,383,283 - 17,138,932 17,138,932 3.58 x - 3.58 x
2062 2062 63,665,011 - 17,138,933 17,138,933 3.71 x - 3.71 x
2063 2063 65,996,979 - 17,138,933 17,138,933 3.85 x - 3.85 x
2064 2064 68,440,874 - 17,138,932 17,138,932 3.99 x - 3.99 x
2065 2065 70,942,174 - 17,138,932 17,138,932 4.14 x - 4.14 x
1.42 x 1.28 x
Notes: (1) Estimated amortization based on the Financing Strategy V26.
(2) Assumes estimated annual debt service for the City's IEPA Loans L17-6788, L17-6789, L17-6790. Subject to change.
Minimum Coverage:
Estimated Senior Lien and Total Coverage (1)
Senior Lien
Coverage
Total
Coverage
Conclusion
Based on the information provided by the City, EEI, and Speer Financial, Inc., as a feasibility analyst having a national
reputation for expertise in such matters within the meaning of the Local Government Debt Reform Act, has
determined that the Pledged Revenues are currently sufficient to satisfy the 1.25 times minimum debt service
requirement on the Loan.
Appendix A – EEI Report
ENGINEERING ENTERPRISES, INC.
52 Wheeler Road, Sugar Grove, IL 60554
Ph: 630.466.6700 • Fx: 630.466.6701
www.eeiweb.com
OUTSTANDING SERVICE • EVERY CLIENT • EVERY DAY
To:
From:
Date:
Re:
EEI Job #:
Robert Fredrickson
Director of Finance
Michele L. Piotrowski, PE, MBA, LEED AP
Vice President
December 31, 2025
Water Revenue Projections
YO2429-P
Per your request, we have reviewed the historical budget and billed water use, the current
rate ordinance, and projected population for the City and prepared revenue projections
accordingly through 2065 based on the best available information at this time.
Two key components of projecting revenues are the projected population through 2065
and the associated water use per capita. The projected population through 2050 was
obtained from the Lake Michigan Allocation Application for the United City of Yorkville to
the Illinois Department of Natural Resources and was also used in the Preliminary
Engineering Project Plan for the Lake Michigan Connection for purposes of loans via the
Water Infrastructure Finance and Innovation Act. Population beyond 2050 was assumed
to increase at an annual rate of 1%. These population projections are presented in Table
No. 1 below:
Table No. 1: Population Projection
MEMO
In terms of water use, the historical billed water use per capita was reviewed for
residential, industrial, government, and commercial accounts. Table No. 2 (attached)
below provides a breakdown of historical water use from FY2015 through FY2024 as well
as the projected water use and water use per capita through 20 65. Furthermore, Figure
A below provides a graphical depiction of the historical water use capita from FY2015
through FY2024. Billed water use per capita has generally been steady over the last
decade. The water use per capita for Fiscal Year (FY) 2024 appeared to be a low to
average water use per capita year over the last ten (10) years.
Figure A: Historical Billed Water Use Per Capita (FY2015-FY2024)
Therefore, the water use per capita for all water use for FY2024 was assumed to remain
steady through 2065 as can be observed by inspection of Table No. 2. The general
assumption is that the ratio of residential population to commercial water use will remain
consistent in future years.
In addition to population and water use projections, the rate structure was reviewed based
on current ordinances which is outlined in Figure B below:
0.0
10.0
20.0
30.0
40.0
50.0
60.0
70.0
80.0
Water Use (GPCPD)Fiscal Year
Residential
Industrial
Government
Commercial
Total
Linear (Total)
Figure B: Current Rate Ordinance (Ordinance No. 2025-54)
Revenues were then projected through 2065 based on Ordinance No. 2025-54. A graphical
representation of the rates is shown in Figure C, and the detailed calculations are provided
in Table No. 3 (attached). In FY2026, the revenues are anticipated to be approximately $9.8
million, and total projected revenues at FY 2065 are over $101 million at $101,286,421.
Figure C: Revenue Projections Through 2065
If you have any questions or require additional information, please contact me.
$0
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
Fiscal Year
Future
(Projected)
Table No. 2 - Historical and Projected Billed Water Use (GPCPD) (2015-2065)
United City of Yorkville, IL
A B C D E F G G H I J K L
BILLED WATER USE YEARLY (1,000's OF GALLONS)
Total Commercial Government Industrial Residential City Total Commercial Government Industrial Residential
Fiscal Year 1,000 Gallons 1,000 Gallons 1,000 Gallons 1,000 Gallons 1,000 Gallons Population GPCPD GPCPD GPCPD GPCPD GPCPD
2015 444,237 55,598 13,688 12,018 362,934 18,349 18,349 66.3 8.3 2.0 1.8 54.2
2016 462,923 61,618 14,282 15,394 371,629 18,833 18,833 67.3 9.0 2.1 2.2 54.1
2017 487,764 76,383 15,155 29,514 366,712 19,000 19,000 70.3 11.0 2.2 4.3 52.9
2018 509,142 62,445 20,319 37,077 389,302 20,000 20,000 69.7 8.6 2.8 5.1 53.3
2019 509,970 63,026 16,344 38,427 392,174 20,119 20,119 69.4 8.6 2.2 5.2 53.4
2020 501,043 58,141 17,257 36,815 388,831 21,533 21,533 63.7 7.4 2.2 4.7 49.5
2021 546,954 57,019 14,236 26,882 448,817 22,611 22,611 66.3 6.9 1.7 3.3 54.4
2022 604,795 67,617 18,447 52,796 465,934 23,397 23,397 70.8 7.9 2.2 6.2 54.6
2023 563,057 65,437 19,676 29,944 448,000 24,533 24,533 62.9 7.3 2.2 3.3 50.0
2024 591,999 66,571 13,555 32,796 479,076 25,336 25,336 64.0 7.2 1.5 3.5 51.8
2025 607,490 68,313 13,910 33,654 491,612 25,999 25,999 64.0 7.2 1.5 3.5 51.8
2026 622,865 70,042 14,262 34,506 504,055 26,657 26,657 64.0 7.2 1.5 3.5 51.8
2027 639,128 71,871 14,635 35,407 517,215 27,353 27,353 64.0 7.2 1.5 3.5 51.8
2028 655,414 73,703 15,008 36,309 530,395 28,050 28,050 64.0 7.2 1.5 3.5 51.8
2029 671,677 75,531 15,380 37,210 543,555 28,746 28,746 64.0 7.2 1.5 3.5 51.8
2030 687,963 77,363 15,753 38,112 556,735 29,443 29,443 64.0 7.2 1.5 3.5 51.8
2031 704,833 79,260 16,139 39,047 570,387 30,165 30,165 64.0 7.2 1.5 3.5 51.8
2032 722,124 81,204 16,535 40,005 584,380 30,905 30,905 64.0 7.2 1.5 3.5 51.8
2033 739,835 83,196 16,941 40,986 598,712 31,663 31,663 64.0 7.2 1.5 3.5 51.8
2034 757,967 85,235 17,356 41,991 613,386 32,439 32,439 64.0 7.2 1.5 3.5 51.8
2035 776,543 87,324 17,781 43,020 628,418 33,234 33,234 64.0 7.2 1.5 3.5 51.8
2036 795,586 89,465 18,217 44,075 643,829 34,049 34,049 64.0 7.2 1.5 3.5 51.8
2037 815,097 91,659 18,664 45,155 659,618 34,884 34,884 64.0 7.2 1.5 3.5 51.8
2038 835,074 93,906 19,121 46,262 675,785 35,739 35,739 64.0 7.2 1.5 3.5 51.8
2039 855,543 96,207 19,590 47,396 692,349 36,615 36,615 64.0 7.2 1.5 3.5 51.8
2040 876,526 98,567 20,070 48,559 709,330 37,513 37,513 64.0 7.2 1.5 3.5 51.8
2041 898,022 100,984 20,563 49,749 726,726 38,433 38,433 64.0 7.2 1.5 3.5 51.8
2042 920,033 103,459 21,067 50,969 744,538 39,375 39,375 64.0 7.2 1.5 3.5 51.8
2043 942,581 105,995 21,583 52,218 762,785 40,340 40,340 64.0 7.2 1.5 3.5 51.8
2044 965,690 108,594 22,112 53,498 781,486 41,329 41,329 64.0 7.2 1.5 3.5 51.8
2045 989,360 111,255 22,654 54,809 800,641 42,342 42,342 64.0 7.2 1.5 3.5 51.8
2046 1,013,613 113,983 23,209 56,153 820,268 43,380 43,380 64.0 7.2 1.5 3.5 51.8
2047 1,038,475 116,778 23,779 57,530 840,387 44,444 44,444 64.0 7.2 1.5 3.5 51.8
2048 1,063,944 119,642 24,362 58,941 860,998 45,534 45,534 64.0 7.2 1.5 3.5 51.8
2049 1,090,020 122,575 24,959 60,386 882,100 46,650 46,650 64.0 7.2 1.5 3.5 51.8
2050 1,116,797 125,586 25,572 61,869 903,770 47,796 47,796 64.0 7.2 1.5 3.5 51.8
Notes
Population is based on calendar year of the start of the designated fical year (i.e. FY2026 population is based on the calendar year 2025 population).
POPULATION
SERVED BILLED WATER USE PER CAPITA
Total City
Water
Consumers
ENGINEERING ENTERPRISES, INC.
CONSULTING ENGINEERS
1 ANNUAL REVENUE SUMMARY
2 FY Inflation Factor 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040
3 WATER SALES
4 CITY POPULATION 25,999 26,657 27,353 28,050 28,746 29,443 30,165 30,905 31,663 32,439 33,234 34,049 34,884 35,739 36,615 37,513
5 INCORPORATED COMMERCIAL WATER USE PER CAPITA (GPDPC) 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2
6 INCORPORATED GOVERNMENTAL WATER USE PER CAPITA (GPDPC) 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5
7 INCORPORATED INDUSTRIAL WATER USE PER CAPITA (GPDPC) 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5
8 INCORPORATED RESIDENTIAL WATER USE PER CAPITA (GPDPC) 51.8 51.8 51.8 51.8 51.8 51.8 51.8 51.8 51.8 51.8 51.8 51.8 51.8 51.8 51.8 51.8
9 INCORPORATED - TOTAL WATER USE (GPDPC) 64.0 64.0 64.0 64.0 64.0 64.0 64.0 64.0 64.0 64.0 64.0 64.0 64.0 64.0 64.0 64.0
10 INCORPORATED - TOTAL WATER USE (ANNUAL - 1,000 GALLONS) 607,441 622,815 639,076 655,361 671,622 687,907 704,776 722,065 739,775 757,905 776,480 795,521 815,030 835,007 855,473 876,454
11 INCORPORATED - TOTAL WATER USE (ANNUAL - 100 CF) 812,030 832,582 854,320 876,090 897,828 919,597 942,148 965,260 988,935 1,013,172 1,038,002 1,063,457 1,089,537 1,116,241 1,143,602 1,171,649
12 INCREASE IN RATE PER 100 CF (%) 0% 25.58% 25.00% 20.00% 20.00% 20.00% 3.00% 3% 3% 3% 3% 3% 3% 3% 3% 3%
13 INCREASE IN RATE PER 100 CF ($) -$ 1.48$ 1.82$ 1.82$ 2.18$ 2.62$ 0.47$ 0.49$ 0.50$ 0.52$ 0.53$ 0.55$ 0.56$ 0.58$ 0.60$ 0.62$
14 INCORPORATED RATE PER 100 CU FT $5.80 7.28$ 9.10$ 10.92$ 13.10$ 15.72$ 16.19$ 16.68$ 17.18$ 17.70$ 18.23$ 18.78$ 19.34$ 19.92$ 20.52$ 21.14$
15 INCORPORATED RATE PER 1,000 GALLONS $7.75 $9.73 $12.16 $14.60 $17.51 $21.01 $21.64 $22.30 $22.97 $23.66 $24.37 $25.11 $25.85 $26.63 $27.43 $28.26
16
17 Average Number of Users - 0 to 100 cu ft 465 465 465 465 465 465 465 465 465 465 465 465 465 465 465 465
18 Water Use - 0 to 100 cu ft 2,790 2,790 2,790 2,790 2,790 2,790 2,790 2,790 2,790 2,790 2,790 2,790 2,790 2,790 2,790 2,790
19
20 Average Number of Users - 101 to 200 cu ft 229 229 229 229 229 229 229 229 229 229 229 229 229 229 229 229
21 Water Use - 0 - 100 cu ft 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374
22 Water Use - 101 - 200 cu ft 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374 1,374
23
24 Average Number of Users - 201 to 300 cu ft 330 330 330 330 330 330 330 330 330 330 330 330 330 330 330 330
25 Water Use - 0 - 100 cu ft 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980
26 Water Use - 101 - 200 cu ft 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980
27 Water Use - 201 to 300 cu ft 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980 1,980
28
29 Average Number of Users - 301 to 350 cu ft 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
30 Water Use - 0 - 100 cu ft 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6
31 Water Use - 101 - 200 cu ft 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6
32 Water Use - 201 - 300 cu ft 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6
33 Water Use - 301 to 350 cu ft 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3
34
35 Average Number of Users - > 350 cu ft 7,814 8,049 8,299 8,549 8,798 9,048 9,307 9,572 9,844 10,122 10,407 10,699 10,998 11,305 11,619 11,941
36 Water Use - 0 - 100 cu ft 46,882 48,297 49,794 51,293 52,789 54,288 55,841 57,432 59,062 60,731 62,441 64,194 65,989 67,828 69,712 71,643
37 Water Use - 101 - 200 cu ft 46,882 48,297 49,794 51,293 52,789 54,288 55,841 57,432 59,062 60,731 62,441 64,194 65,989 67,828 69,712 71,643
38 Water Use - 201 - 300 cu ft 46,882 48,297 49,794 51,293 52,789 54,288 55,841 57,432 59,062 60,731 62,441 64,194 65,989 67,828 69,712 71,643
39 Water Use - 301 - 350 cu ft 23,441 24,148 24,897 25,646 26,395 27,144 27,920 28,716 29,531 30,366 31,220 32,097 32,995 33,914 34,856 35,822
40 Water Use - > 350 cu ft 636,445 652,044 668,543 685,067 701,566 718,090 735,205 752,748 770,717 789,113 807,960 827,281 847,075 867,344 888,111 909,399
41
42 All Water Users
43 Water Use - 0 - 100 cu ft 53,032 54,447 55,944 57,443 58,939 60,438 61,991 63,582 65,212 66,881 68,591 70,344 72,139 73,978 75,862 77,793
44 Water Use - 101 - 200 cu ft 50,242 51,657 53,154 54,653 56,149 57,648 59,201 60,792 62,422 64,091 65,801 67,554 69,349 71,188 73,072 75,003
45 Water Use - 201 - 300 cu ft 48,868 50,283 51,780 53,279 54,775 56,274 57,827 59,418 61,048 62,717 64,427 66,180 67,975 69,814 71,698 73,629
46 Water Use - 301 - 350 cu ft 23,444 24,151 24,900 25,649 26,398 27,147 27,923 28,719 29,534 30,369 31,223 32,100 32,998 33,917 34,859 35,825
47 Water Use - > 350 cu ft 636,445 652,044 668,543 685,067 701,566 718,090 735,205 752,748 770,717 789,113 807,960 827,281 847,075 867,344 888,111 909,399
48 Water Use per bill included in the Base Service Fee 350 350 350 350 350 350 350 350 350 350 350 350 350 350 350 350
49 Water Use (100 cu ft) to be included in Base Service Fee 175,585 180,538 185,777 191,023 196,262 201,508 206,942 212,512 218,218 224,058 230,042 236,177 242,462 248,897 255,491 262,250
50 Water Use (100 cu ft) to be charged at Rate Per 100 cu ft 636,445 652,044 668,543 685,067 701,566 718,090 735,205 752,748 770,717 789,113 807,960 827,281 847,075 867,344 888,111 909,399
51
52 INCORPORATED REVENUE BASED ON RATE PER 100 CF $4,586,042 $6,083,745 $7,480,928 $9,190,518 $11,288,367 $11,902,976 $12,555,838 $13,240,925 $13,967,309 $14,729,110 $15,536,329 $16,382,436 $17,277,496 $18,224,034 $19,224,696
53
54 INCORPORATED NUMBER OF ACCOUNTS - COMMERCIAL 370 370 370 370 370 370 370 370 370 370 370 370 370 370 370 370
55 INCORPORATED NUMBER OF ACCOUNTS - GOVERNMENTAL 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45 45
56 INCORPORATED NUMBER OF ACCOUNTS - INDUSTRIAL 46 46 46 46 46 46 46 46 46 46 46 46 46 46 46 46
57 INCORPORATED NUMBER OF ACCOUNTS - RESIDENTIAL 8,378 8,613 8,863 9,113 9,362 9,612 9,871 10,136 10,408 10,686 10,971 11,263 11,562 11,869 12,183 12,505
58 INCORPORATED NUMBER OF ACCOUNTS - TOTAL 8,839 9,074 9,324 9,574 9,823 10,073 10,332 10,597 10,869 11,147 11,432 11,724 12,023 12,330 12,644 12,966
59 INCREASE IN BIMONTHLY WATER SERVICE CHARGE (%) 0% 26% 25.00% 20.00% 20.00% 20.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00%
60 INFRASTRUCTURE FEE - TO BE ROLLED INTO WATER SERVICE CHARGE 16.50$ 16.83$ 17.17$ 17.51$ 17.86$ 18.22$
61 WATER SERVICE CHARGE WITHOUT INFRASTRUCTURE FEE AMOUNT 33.00$ 41.44$ 51.80$ 62.16$ 74.59$ 89.51$
62 INCREASE IN BIMONTHLY WATER SERVICE CHARGE ($) 49.50$ 58.27$ 68.97$ 79.67$ 92.45$ 107.73$ 110.96$ 114.29$ 117.72$ 121.25$ 124.89$ 128.64$ 132.50$ 136.48$ 140.57$ 144.79$
63 OVERALL INCREASE IN BIMONTHLY WATER SERVICE CHARGE/INFRASTRUCTURE FEE (%)17.72% 18.36% 15.51% 16.04% 16.53% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00%
64 INCORPORATED - BIMONTHLY WATER SERVICE CHARGE $33.00 41.44$ 51.80$ 62.16$ 74.59$ 89.51$ 92.20$ 94.96$ 97.81$ 100.75$ 103.77$ 106.88$ 110.09$ 113.39$ 116.79$ 120.30$
65 INCORPORATED - WATER SERVICE CHARGE - ANNUALLY $3,093,035 $3,858,432 $4,576,449 $5,448,941 $6,511,014 $6,878,515 $7,266,826 $7,676,810 $8,109,354 $8,566,323 $9,049,005 $9,558,462 $10,096,523 $10,663,909 $11,263,662
66
67 TOTAL WATER SALES $7,679,077 $9,942,178 $12,057,377 $14,639,459 $17,799,381 $18,781,492 $19,822,664 $20,917,735 $22,076,663 $23,295,434 $24,585,334 $25,940,898 $27,374,019 $28,887,944 $30,488,359
68
69 WATER - REVENUES
70 WATER FUND REVENUES
71 Places of Eating Tax 2%$758,809 $734,400 $749,088 $764,070 $779,351 $794,938 $810,837 $827,053 $843,595 $860,466 $877,676 $895,229 $913,134 $931,397 $950,024 $969,025
72 Water Sales $5,524,267 $7,679,077 $9,942,178 $12,057,377 $14,639,459 $17,799,381 $18,781,492 $19,822,664 $20,917,735 $22,076,663 $23,295,434 $24,585,334 $25,940,898 $27,374,019 $28,887,944 $30,488,359
73 Bulk Water Sales $1,750 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500
74 Late Penalties - Water $185,352 $230,372 $298,265 $361,721 $439,184 $533,981 $563,445 $594,680 $627,532 $662,300 $698,863 $737,560 $778,227 $821,221 $866,638 $914,651
75 Water Meter Sales $132,824 $129,713 $139,699 $142,398 $144,688 $147,394 $155,269 $161,792 $168,444 $175,226 $182,366 $189,875 $197,527 $205,323 $213,505 $222,086
76 Number of New Meters 236 249 250 249 250 259 265 272 278 285 292 299 306 314 322
77 Revenue collected per new meter installed $550 $560 $570 $580 $590 $600 $610 $620 $630 $640 $650 $660 $670 $680 $690
78 Water Infrastructure Fee - Expires on 4/30/25 ($16.50 per account every 2 months)$961,942
79 Water Connection Fees $498,112 $622,624 $678,288 $699,748 $719,699 $742,467 $792,130 $836,280 $882,432 $930,366 $981,640 $1,036,423 $1,093,581 $1,153,484 $1,217,295 $1,285,202
80 Projected # of New Homes 100 236 249 250 249 250 259 265 272 278 285 292 299 306 314 322
81 Tap-on Fee Per Housing Unit 3%$2,563 $2,640 $2,719 $2,801 $2,885 $2,972 $3,061 $3,153 $3,248 $3,345 $3,445 $3,548 $3,654 $3,764 $3,877 $3,993
82 Investment Earnings $528,626 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000 $300,000
83 Unrealized Gain(Loss)$3,223 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
84 Rental Income 3%$111,069 $113,938 $116,962 $120,072 $123,269 $126,556 $130,353 $134,263 $138,291 $142,440 $146,713 $151,114 $155,648 $160,317 $165,127 $170,081
85 Miscellaneous Income $4,298 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000
86 Total - Water Fund Revenues $8,710,272 $9,813,624 $12,227,980 $14,448,886 $17,149,151 $20,448,218 $21,537,025 $22,680,233 $23,881,529 $25,150,960 $26,486,191 $27,899,036 $29,382,514 $30,949,260 $32,604,033 $34,352,903
87
88 TOTAL ANNUAL REVENUES $8,710,272 $9,813,624 $12,227,980 $14,448,886 $17,149,151 $20,448,218 $21,537,025 $22,680,233 $23,881,529 $25,150,960 $26,486,191 $27,899,036 $29,382,514 $30,949,260 $32,604,033 $34,352,903
FY2025 amounts are actual
TABLE NO. 3:
REVENUE PROJECTIONS
1 ANNUAL REVENUE SUMMARY
2 FY Inflation Factor
3 WATER SALES
4 CITY POPULATION
5 INCORPORATED COMMERCIAL WATER USE PER CAPITA (GPDPC)
6 INCORPORATED GOVERNMENTAL WATER USE PER CAPITA (GPDPC)
7 INCORPORATED INDUSTRIAL WATER USE PER CAPITA (GPDPC)
8 INCORPORATED RESIDENTIAL WATER USE PER CAPITA (GPDPC)
9 INCORPORATED - TOTAL WATER USE (GPDPC)
10 INCORPORATED - TOTAL WATER USE (ANNUAL - 1,000 GALLONS)
11 INCORPORATED - TOTAL WATER USE (ANNUAL - 100 CF)
12 INCREASE IN RATE PER 100 CF (%)
13 INCREASE IN RATE PER 100 CF ($)
14 INCORPORATED RATE PER 100 CU FT
15 INCORPORATED RATE PER 1,000 GALLONS
16
17 Average Number of Users - 0 to 100 cu ft
18 Water Use - 0 to 100 cu ft
19
20 Average Number of Users - 101 to 200 cu ft
21 Water Use - 0 - 100 cu ft
22 Water Use - 101 - 200 cu ft
23
24 Average Number of Users - 201 to 300 cu ft
25 Water Use - 0 - 100 cu ft
26 Water Use - 101 - 200 cu ft
27 Water Use - 201 to 300 cu ft
28
29 Average Number of Users - 301 to 350 cu ft
30 Water Use - 0 - 100 cu ft
31 Water Use - 101 - 200 cu ft
32 Water Use - 201 - 300 cu ft
33 Water Use - 301 to 350 cu ft
34
35 Average Number of Users - > 350 cu ft
36 Water Use - 0 - 100 cu ft
37 Water Use - 101 - 200 cu ft
38 Water Use - 201 - 300 cu ft
39 Water Use - 301 - 350 cu ft
40 Water Use - > 350 cu ft
41
42 All Water Users
43 Water Use - 0 - 100 cu ft
44 Water Use - 101 - 200 cu ft
45 Water Use - 201 - 300 cu ft
46 Water Use - 301 - 350 cu ft
47 Water Use - > 350 cu ft
48 Water Use per bill included in the Base Service Fee
49 Water Use (100 cu ft) to be included in Base Service Fee
50 Water Use (100 cu ft) to be charged at Rate Per 100 cu ft
51
52 INCORPORATED REVENUE BASED ON RATE PER 100 CF
53
54 INCORPORATED NUMBER OF ACCOUNTS - COMMERCIAL
55 INCORPORATED NUMBER OF ACCOUNTS - GOVERNMENTAL
56 INCORPORATED NUMBER OF ACCOUNTS - INDUSTRIAL
57 INCORPORATED NUMBER OF ACCOUNTS - RESIDENTIAL
58 INCORPORATED NUMBER OF ACCOUNTS - TOTAL
59 INCREASE IN BIMONTHLY WATER SERVICE CHARGE (%)
60 INFRASTRUCTURE FEE - TO BE ROLLED INTO WATER SERVICE CHARGE
61 WATER SERVICE CHARGE WITHOUT INFRASTRUCTURE FEE AMOUNT
62 INCREASE IN BIMONTHLY WATER SERVICE CHARGE ($)
63 OVERALL INCREASE IN BIMONTHLY WATER SERVICE CHARGE/INFRASTRUCTURE FEE (%)
64 INCORPORATED - BIMONTHLY WATER SERVICE CHARGE
65 INCORPORATED - WATER SERVICE CHARGE - ANNUALLY
66
67 TOTAL WATER SALES
68
69 WATER - REVENUES
70 WATER FUND REVENUES
71 Places of Eating Tax 2%
72 Water Sales
73 Bulk Water Sales
74 Late Penalties - Water
75 Water Meter Sales
76 Number of New Meters
77 Revenue collected per new meter installed
78 Water Infrastructure Fee - Expires on 4/30/25 ($16.50 per account every 2 months)
79 Water Connection Fees
80 Projected # of New Homes
81 Tap-on Fee Per Housing Unit 3%
82 Investment Earnings
83 Unrealized Gain(Loss)
84 Rental Income 3%
85 Miscellaneous Income
86 Total - Water Fund Revenues
87
88 TOTAL ANNUAL REVENUES
2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055
50,23449,73749,24548,75748,27447,79646,65045,53444,44443,38042,34241,32940,34039,37538,433
7.27.27.27.27.27.27.27.27.27.27.27.27.27.27.2
1.51.51.51.51.51.51.51.51.51.51.51.51.51.51.5
3.53.53.53.53.53.53.53.53.53.53.53.53.53.53.5
51.851.851.851.851.851.851.851.851.851.851.851.851.851.851.8
64.064.064.064.064.064.064.064.064.064.064.064.064.064.064.0
1,173,6681,162,0561,150,5611,139,1591,127,8741,116,7061,089,9311,063,8571,038,3901,013,531989,279965,611942,504919,958897,949
1,568,9661,553,4431,538,0761,522,8341,507,7491,492,8191,457,0261,422,1701,388,1261,354,8941,322,4741,290,8351,259,9451,229,8051,200,383
3%3%3%3%3%3%3%3%3%3%3%3%3%3%3%
0.63 0.65$0.67$0.69$0.71$0.73$0.76$0.78$0.80$0.83$0.85$0.88$0.90$0.93$0.96$$
21.77 22.42$23.09$23.78$24.49$25.22$25.98$26.76$27.56$28.39$29.24$30.12$31.02$31.95$32.91$$
$43.99$42.71$41.47$40.26$39.09$37.95$36.84$35.77$34.73$33.71$32.74$31.79$30.87$29.97$29.10
465465 465465465465465465465465465465465465465
2,7902,790 2,7902,7902,7902,7902,7902,7902,7902,7902,7902,7902,7902,7902,790
229229 229229229229229229229229229229229229229
1,3741,374 1,3741,3741,3741,3741,3741,3741,3741,3741,3741,3741,3741,3741,374
1,3741,374 1,3741,3741,3741,3741,3741,3741,3741,3741,3741,3741,3741,3741,374
330330 330330330330330330330330330330330330330
1,9801,980 1,9801,9801,9801,9801,9801,9801,9801,9801,9801,9801,9801,9801,980
1,9801,980 1,9801,9801,9801,9801,9801,9801,9801,9801,9801,9801,9801,9801,980
1,9801,980 1,9801,9801,9801,9801,9801,9801,9801,9801,9801,9801,9801,9801,980
11 1111111111111
66 6666666666666
66 6666666666666
66 6666666666666
33 3333333333333
16,32216,146 16,50015,97115,79815,62615,21514,81514,42514,04313,67113,30812,95412,60812,270
97,93196,873 99,00095,82494,78593,75791,29388,89386,54884,26082,02879,85077,72375,64773,622
97,93196,873 99,00095,82494,78593,75791,29388,89386,54884,26082,02879,85077,72375,64773,622
97,93196,873 99,00095,82494,78593,75791,29388,89386,54884,26082,02879,85077,72375,64773,622
48,96648,437 49,50047,91247,39346,87945,64644,44643,27442,13041,01439,92538,86137,82436,811
1,199,1841,187,521 1,210,9661,175,9521,164,5021,153,1711,126,0031,099,5471,073,7071,048,4841,023,877999,862976,417953,540931,209
105,150104,081103,023101,974100,93599,90797,44395,04392,69890,41088,17886,00083,87381,79779,772
102,360101,291100,23399,18498,14597,11794,65392,25389,90887,62085,38883,21081,08379,00776,982
100,98699,91798,85997,81096,77195,74393,27990,87988,53486,24684,01481,83679,70977,63375,608
49,50348,96948,44047,91547,39646,88245,64944,44943,27742,13341,01739,92838,86437,82736,814
1,210,9661,199,1841,187,5211,175,9521,164,5021,153,1711,126,0031,099,5471,073,7071,048,4841,023,877999,862976,417953,540931,209
350350350350350350350350350350350350350350350
357,999354,258350,555346,882343,247339,649331,023322,623314,419306,410298,597290,972283,528276,265269,175
1,210,9661,199,1841,187,5211,175,9521,164,5021,153,1711,126,0031,099,5471,073,7071,048,4841,023,877999,862976,417953,540931,209
$39,852,905$38,313,942$36,836,899$35,419,682$34,050,043$32,738,512$31,032,647$29,423,877$27,894,912$26,442,759$25,074,738$23,776,722$22,545,461$21,378,369$20,272,416
370370370370370370370370370370370370370370370
454545454545454545454545454545
464646464646464646464646464646
17,06416,88616,71016,53516,36216,19015,77915,37914,98914,60714,23513,87213,51813,17212,834
17,52517,34717,17116,99616,82316,65116,24015,84015,45015,06814,69614,33313,97913,63313,295
3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%
149.13 153.60$158.21$162.96$167.85$172.89$178.08$183.42$188.92$194.59$200.43$206.44$212.63$219.01$225.58$$
3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%
123.91 127.62$131.45$135.40$139.46$143.64$147.95$152.39$156.96$161.67$166.52$171.52$176.66$181.96$187.42$$
$23,719,756$22,794,839$21,905,824$21,051,459$20,230,409$19,440,918$18,408,848$17,432,706$16,507,744$15,631,037$14,800,685$14,014,486$13,269,495$12,564,080$11,896,337
$61,108,780 $63,572,661$58,742,723$56,471,142$54,280,451$52,179,430$49,441,496$46,856,584$44,402,656$42,073,796$39,875,422$37,791,208$35,814,955$33,942,450$32,168,753
$1,304,180$1,278,608$1,253,537$1,228,958$1,204,861$1,181,236$1,158,075$1,135,367$1,113,105$1,091,280$1,069,882$1,048,904$1,028,337$1,008,174$988,405
$63,572,661$61,108,780$58,742,723$56,471,142$54,280,451$52,179,430$49,441,496$46,856,584$44,402,656$42,073,796$39,875,422$37,791,208$35,814,955$33,942,450$32,168,753
$1,500$1,500$1,500$1,500$1,500$1,500$1,500$1,500$1,500$1,500$1,500$1,500$1,500$1,500$1,500
$1,907,180$1,833,263$1,762,282$1,694,134$1,628,414$1,565,383$1,483,245$1,405,698$1,332,080$1,262,214$1,196,263$1,133,736$1,074,449$1,018,273$965,063
$149,634$146,366$143,427$140,226$137,061$324,495$312,000$300,824$289,835$279,032$268,681$258,771$249,032$239,720$230,824
178176175173171411400391381372363354346338330
$840$830$820$810$800$790$780$770$760$750$740$730$720$710$700
$1,108,185$1,065,118$1,025,675$985,562$946,920$2,204,099$2,084,000$1,976,065$1,872,869$1,773,901$1,680,709$1,593,034$1,509,066$1,430,219$1,356,258
178176175173171411400391381372363354346338330
$6,221$6,040$5,864$5,693$5,527$5,366$5,210$5,058$4,911$4,768$4,629$4,494$4,363$4,236$4,113
$300,000$300,000$300,000$300,000$300,000$300,000$300,000$300,000$300,000$300,000$300,000$300,000$300,000$300,000$300,000
$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0
$264,980$257,262$249,769$242,494$235,431$228,574$221,917$215,453$209,178$203,085$197,170$191,427$185,852$180,439$175,183
$2,000$2,000$2,000$2,000$2,000$2,000$2,000$2,000$2,000$2,000$2,000$2,000$2,000$2,000$2,000
$68,610,321$65,992,897$63,480,912$61,066,016$58,736,638$57,986,716$55,004,232$52,193,491$49,523,223$46,986,808$44,591,627$42,320,581$40,165,192$38,122,775$36,187,988
$36,187,988 $38,122,775 $40,165,192 $42,320,581 $44,591,627 $46,986,808 $49,523,223 $52,193,491 $55,004,232 $57,986,716 $58,736,638 $61,066,016 $63,480,912 $65,992,897 $68,610,321
1 ANNUAL REVENUE SUMMARY
2 FY Inflation Factor
3 WATER SALES
4 CITY POPULATION
5 INCORPORATED COMMERCIAL WATER USE PER CAPITA (GPDPC)
6 INCORPORATED GOVERNMENTAL WATER USE PER CAPITA (GPDPC)
7 INCORPORATED INDUSTRIAL WATER USE PER CAPITA (GPDPC)
8 INCORPORATED RESIDENTIAL WATER USE PER CAPITA (GPDPC)
9 INCORPORATED - TOTAL WATER USE (GPDPC)
10 INCORPORATED - TOTAL WATER USE (ANNUAL - 1,000 GALLONS)
11 INCORPORATED - TOTAL WATER USE (ANNUAL - 100 CF)
12 INCREASE IN RATE PER 100 CF (%)
13 INCREASE IN RATE PER 100 CF ($)
14 INCORPORATED RATE PER 100 CU FT
15 INCORPORATED RATE PER 1,000 GALLONS
16
17 Average Number of Users - 0 to 100 cu ft
18 Water Use - 0 to 100 cu ft
19
20 Average Number of Users - 101 to 200 cu ft
21 Water Use - 0 - 100 cu ft
22 Water Use - 101 - 200 cu ft
23
24 Average Number of Users - 201 to 300 cu ft
25 Water Use - 0 - 100 cu ft
26 Water Use - 101 - 200 cu ft
27 Water Use - 201 to 300 cu ft
28
29 Average Number of Users - 301 to 350 cu ft
30 Water Use - 0 - 100 cu ft
31 Water Use - 101 - 200 cu ft
32 Water Use - 201 - 300 cu ft
33 Water Use - 301 to 350 cu ft
34
35 Average Number of Users - > 350 cu ft
36 Water Use - 0 - 100 cu ft
37 Water Use - 101 - 200 cu ft
38 Water Use - 201 - 300 cu ft
39 Water Use - 301 - 350 cu ft
40 Water Use - > 350 cu ft
41
42 All Water Users
43 Water Use - 0 - 100 cu ft
44 Water Use - 101 - 200 cu ft
45 Water Use - 201 - 300 cu ft
46 Water Use - 301 - 350 cu ft
47 Water Use - > 350 cu ft
48 Water Use per bill included in the Base Service Fee
49 Water Use (100 cu ft) to be included in Base Service Fee
50 Water Use (100 cu ft) to be charged at Rate Per 100 cu ft
51
52 INCORPORATED REVENUE BASED ON RATE PER 100 CF
53
54 INCORPORATED NUMBER OF ACCOUNTS - COMMERCIAL
55 INCORPORATED NUMBER OF ACCOUNTS - GOVERNMENTAL
56 INCORPORATED NUMBER OF ACCOUNTS - INDUSTRIAL
57 INCORPORATED NUMBER OF ACCOUNTS - RESIDENTIAL
58 INCORPORATED NUMBER OF ACCOUNTS - TOTAL
59 INCREASE IN BIMONTHLY WATER SERVICE CHARGE (%)
60 INFRASTRUCTURE FEE - TO BE ROLLED INTO WATER SERVICE CHARGE
61 WATER SERVICE CHARGE WITHOUT INFRASTRUCTURE FEE AMOUNT
62 INCREASE IN BIMONTHLY WATER SERVICE CHARGE ($)
63 OVERALL INCREASE IN BIMONTHLY WATER SERVICE CHARGE/INFRASTRUCTURE FEE (%)
64 INCORPORATED - BIMONTHLY WATER SERVICE CHARGE
65 INCORPORATED - WATER SERVICE CHARGE - ANNUALLY
66
67 TOTAL WATER SALES
68
69 WATER - REVENUES
70 WATER FUND REVENUES
71 Places of Eating Tax 2%
72 Water Sales
73 Bulk Water Sales
74 Late Penalties - Water
75 Water Meter Sales
76 Number of New Meters
77 Revenue collected per new meter installed
78 Water Infrastructure Fee - Expires on 4/30/25 ($16.50 per account every 2 months)
79 Water Connection Fees
80 Projected # of New Homes
81 Tap-on Fee Per Housing Unit 3%
82 Investment Earnings
83 Unrealized Gain(Loss)
84 Rental Income 3%
85 Miscellaneous Income
86 Total - Water Fund Revenues
87
88 TOTAL ANNUAL REVENUES
2056 2057 2058 2059 2060 2061 2062 2063 2064 2065
55,48954,94054,39653,85753,32452,79652,27351,75551,24350,736
7.27.27.27.27.27.27.27.27.27.2
1.51.51.51.51.51.51.51.51.51.5
3.53.53.53.53.53.53.53.53.53.5
51.851.851.851.851.851.851.851.851.851.8
64.064.064.064.064.064.064.064.064.064.0
1,296,4461,283,6191,270,9091,258,3161,245,8631,233,5271,221,3071,209,2051,197,2421,185,397
1,733,0961,715,9491,698,9581,682,1231,665,4761,648,9851,632,6501,616,4711,600,4801,584,645
3%3%3%3%3%3%3%3%3%3%
0.99 1.02$1.05$1.08$1.11$1.14$1.18$1.21$1.25$1.29$$
33.90 34.92$35.97$37.05$38.16$39.30$40.48$41.69$42.94$44.23$$
$59.13$57.40$55.73$54.11$52.54$51.01$49.53$48.08$46.68$45.32
465465465465465465465465465 465
2,7902,7902,7902,7902,7902,7902,7902,7902,790 2,790
229229229229229229229229229 229
1,3741,3741,3741,3741,3741,3741,3741,3741,374 1,374
1,3741,3741,3741,3741,3741,3741,3741,3741,374 1,374
330330330330330330330330330 330
1,9801,9801,9801,9801,9801,9801,9801,9801,980 1,980
1,9801,9801,9801,9801,9801,9801,9801,9801,980 1,980
1,9801,9801,9801,9801,9801,9801,9801,9801,980 1,980
111111111 1
666666666 6
666666666 6
666666666 6
333333333 3
18,18717,99217,79917,60817,41817,23117,04516,86216,680 18,384
109,121107,951106,791105,645104,510103,385102,271101,170100,080 110,301
109,121107,951106,791105,645104,510103,385102,271101,170100,080 110,301
109,121107,951106,791105,645104,510103,385102,271101,170100,080 110,301
54,56053,97553,39652,82352,25551,69351,13650,58550,040 55,151
1,322,5281,309,6321,296,8541,284,2191,271,7021,259,3031,247,0241,234,8861,222,867 1,335,543
116,451115,271114,101112,941111,795110,660109,535108,421107,320106,230
113,661112,481111,311110,151109,005107,870106,745105,631104,530103,440
112,287111,107109,937108,777107,631106,496105,371104,257103,156102,066
55,15454,56353,97853,39952,82652,25851,69651,13950,58850,043
1,335,5431,322,5281,309,6321,296,8541,284,2191,271,7021,259,3031,247,0241,234,8861,222,867
350350350350350350350350350350
397,553393,421389,326385,269381,257377,283373,347369,448365,594361,778
1,335,5431,322,5281,309,6321,296,8541,284,2191,271,7021,259,3031,247,0241,234,8861,222,867
$59,071,059$56,789,356$54,598,553$52,496,658$50,469,797$48,528,143$46,657,194$44,855,440$43,122,220$41,455,190
370370370370370370370370370370
45454545454545454545
46464646464646464646
18,94818,75118,55618,36318,17217,98217,79517,60917,42617,244
19,40919,21219,01718,82418,63318,44318,25618,07017,88717,705
3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%
232.35 239.32$246.50$253.90$261.52$269.37$277.45$285.77$294.34$303.17$$
3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%3.00%
193.04 198.84$204.80$210.94$217.27$223.79$230.50$237.42$244.54$251.88$$
$35,304,499$33,928,724$32,606,535$31,335,615$30,114,286$28,939,741$27,810,945$26,725,790$25,683,817$24,682,461
$90,718,079 $94,375,557$87,205,088$83,832,273$80,584,083$77,467,884$74,468,139$71,581,230$68,806,037$66,137,650
$1,589,788$1,558,616$1,528,055$1,498,093$1,468,719$1,439,920$1,411,686$1,384,006$1,356,869$1,330,264
$94,375,557$90,718,079$87,205,088$83,832,273$80,584,083$77,467,884$74,468,139$71,581,230$68,806,037$66,137,650
$1,500$1,500$1,500$1,500$1,500$1,500$1,500$1,500$1,500$1,500
$2,831,267$2,721,542$2,616,153$2,514,968$2,417,522$2,324,037$2,234,044$2,147,437$2,064,181$1,984,130
$184,968$181,333$177,735$173,846$170,323$166,835$163,384$159,656$156,280$152,939
197195193191189187186184182180
$940$930$920$910$900$890$880$870$860$850
$1,645,229$1,582,670$1,522,530$1,461,643$1,405,729$1,351,927$1,300,013$1,247,518$1,199,355$1,152,981
197195193191189187186184182180
$8,361$8,117$7,881$7,651$7,428$7,212$7,002$6,798$6,600$6,408
$300,000$300,000$300,000$300,000$300,000$300,000$300,000$300,000$300,000$300,000
$0$0$0$0$0$0$0$0$0$0
$356,111$345,739$335,669$325,892$316,400$307,185$298,238$289,551$281,117$272,930
$2,000$2,000$2,000$2,000$2,000$2,000$2,000$2,000$2,000$2,000
$101,286,421$97,411,479$93,688,730$90,110,214$86,666,275$83,361,288$80,179,003$77,112,898$74,167,339$71,334,393
$71,334,393 $74,167,339 $77,112,898 $80,179,003 $83,361,288 $86,666,275 $90,110,214 $93,688,730 $97,411,479 $101,286,421
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Agenda Item Number
Economic Development Committee #1
Tracking Number
EDC 2025-65
QuikTrip – Dormant SSA – Establishing Ordinance
City Council – January 13, 2026
Please see the attached memo.
CC – 11/10/25
A public hearing was held.
EDC 2025-65
David Hansen Community Development
Name Department
Memorandum
To: Economic Development Committee
From: David Hansen, Senior Planner
CC: Bart Olson, City Administrator
Krysti Barksdale-Noble, Community Development Director
Sara Mendez, Senior Planner; Eric Dhuse, Director of Public Works
Brad Sanderson, EEI (City Engineer)
Date: September 2, 2025
Subject: QuikTrip (107 East Stagecoach Trail) - Proposed Establishment of
a Dormant Special Service Area (SSA)
SUMMARY:
In October of 2023, the City Council approved a special use for a gasoline service station with an
accessory convenience store located at 107 East Stagecoach Trail for the QuikTrip Corporation. In
early 2025, construction began on the site with the use anticipated to open in November 2025. The
property is zoned B-3 General Business District and is located at the northeast corner of State Route
47 (South Bridge Street) and State Route 71 (East Stagecoach Trail) intersection. The site consists of
two parcels (PIN #05-05-400-050 and PIN 05-04-300-031), which is approximately 5.51 acres.
As required by the City’s adopted Stormwater Ordinance, the establishment of a dormant or back-up
Special Service Area (SSA) is needed should the entity, which will have primary responsibility for
the stormwater basin, dissolve or fail to adequately maintain it. In the event the entity fails to
adequately maintain the stormwater basin, the SSA would serve as a long term funding source for the
maintenance of the storm water facility and would only affect those property owners directly
benefiting from such maintenance. A copy of the draft enabling ordinance for the establishment of
the Special Service Area is attached for your review and will be presented to the City Council at an
upcoming meeting, as part of the public hearing process.
PROPOSED DORMANT SPECIAL SERVICE AREA
As mentioned above, the attached draft ordinance for dormant Special Service Area (SSA) prepared
by the City Attorney establishes a backup mechanism for payment for future and continued
maintenance and repair of the storm water facility within the QuikTrip Development Area (known as
107 E Stagecoach Trail) in the event the entity fails to do so. The PINs associated with the
development include 05-05-400-050 and 05-04-300-031.
The SSA will be used to cover costs related to (1) the cleaning and dredging of storm water detention
and retention ponds and basins, drainage swales and ditches; (2) the maintenance and care, including
erosion control of the property surrounding such detention and retention ponds and basins, drainage
swales and ditches; (3) the maintenance, repair and replacement of storm sewers, drain tile, pipes and
other conduit, and appurtenant structures; and (4) the administrative costs incurred by the City in
connection with the above (collectively the “Services”) within the Special Service Area in the event
the Owners for the development have failed to satisfactorily undertake the ongoing maintenance,
repair and reconstruction in compliance with the ordinances of the Yorkville City Code.
TAX LEVY ESTIMATE
Should the property owner fail to maintain the basin, the subject property will be levied a tax not to
exceed $1.10 for every $100.00 of equalized assessed value of the property to be collected via real
estate taxes.
MEETING SCHEDULE OF PROPOSED SSA
Staff is seeking direction and authorization to schedule the public hearing date for the establishment
of the Special Service Area for the QuikTrip Development. Below is the tentative meeting schedule
for the proposed dormant SSA approval process:
Meeting Schedule of Proposed SSA
Ordinance Proposing SSA
(Sets the public hearing date)
Economic Development
Committee September 2, 2025
Ordinance Proposing SSA City Council September 9, 2025
Public Hearing Notice - published on October 17, 2025
Notice by publication shall be not less than 15 days prior to the hearing. Individual notices to
property owners, must be sent via certified mail not less than 10 days prior to the hearing date.
Public Hearing
(After the public hearing, 60 day waiting
period before we can approve SSA)
City Council November 10, 2025
60 Day Waiting Period for Objections
Ordinance Establishing SSA City Council January 13, 2026
STAFF COMMENTS / RECOMMENDATION
The property owner has been notified of the proposed process and public hearing before the City
Council for the consideration of the establishment of the dormant Special Service Area. Staff is
recommending approval of the proposed backup funding mechanism as it is a requirement of the
current Stormwater Ordinance.
This request is tentatively scheduled for a public hearing on November 10, 2025. The final vote is
scheduled for the January 13, 2026 City Council Meeting. Staff is seeking input and comments from
the Economic Development Committee.
ATTACHMENTS:
1. Draft Ordinance - Proposing Dormant SSA
2. Legal Description
3. Draft Public Hearing Notice
4. Draft Ordinance - Establishing Dormant SSA
Ordinance No. 2026-____
Page 1
Ordinance No. 2026-_____
AN ORDINANCE ESTABLISHING THE SPECIAL SERVICE AREA NUMBER 2025-02
IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND
PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH
(QuikTrip)
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly
organized and validly existing non home-rule municipality authorized pursuant to Article VII of
the Constitution of the State of Illinois; and
WHEREAS, pursuant to the provisions of Section 7(6) of Article VII of the 1970
Constitution of the State of Illinois, the City is authorized to create special service areas in and for
the City that are further established “in the manner provided by law;” and
WHEREAS, pursuant to the provisions of the Illinois Special Service Area Tax Law (35
ILCS 200/27-5 et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.) the City may establish
special service areas to levy taxes in order to pay for the provision of special services to areas
within the boundaries of the City; and
WHEREAS, the owner of record (the “Owner”) of the real property hereinafter described
(the “Subject Territory”) has been approved for a commercial development consisting of two
parcels of approximately 5.51 acres in size, that by City ordinance must provide for a backup
mechanism for payment of any and all costs of continued maintenance, repair and reconstruction
of the storm water detention areas serving the Subject Territory; and
WHEREAS, it is in the public interest that a special service area be established for the
Subject Territory for the purposes set forth herein and to be known as Special Service Area 2025-
02.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Ordinance No. 2026-____
Page 2
Section 1. Establishment. That it is in the public interest that Special Service Area 2025-
02 is hereby established as a special service area for the purposes set forth herein and consisting
of the Subject Territory that is legally described and that contains the Property Index Numbers as
stated in Exhibit A, attached hereto and made a part hereof by reference.
Section 2. Area. That said Subject Territory is a commercial development consisting of
two parcels of approximately 5.51 acres in size, upon which exists a stormwater management
basin. The Subject Territory is totally within the corporate limits of the City and an accurate map
of the property within the Special Service Area 2025-02 is attached hereto and made a part hereof
as Exhibit B.
Section 3. Purpose. That said Subject Territory will benefit specifically from the municipal
services to be provided and that such services are in addition to those municipal services provided
to the City as a whole, and unique and in the best interests of Special Service Area 2025-02. The
City’s levy of special taxes against said Subject Territory shall be to provide a backup mechanism
for payment of any and all costs of continued maintenance, repair and reconstruction of the storm
water systems in the event that the Owner has failed to do so. The special governmental services
for the Special Service Area may include:
(1) the cleaning and dredging of storm water detention and retention ponds and basins,
drainage swales and ditches; and
(2) the maintenance and care, including erosion control of the property surrounding such
detention and retention ponds and basins, drainage swales and ditches; and
(3) the maintenance, repair and replacement of storm sewers, drain tile, pipes and other
conduit, and appurtenant structures; and
(4) the administrative costs incurred by the City in connection with the above (collectively
the “Services”) within the Special Service Area
Ordinance No. 2026-____
Page 3
Section 4. Public Hearing. A public hearing was held on November 10, 2025 at 7:00 p.m.
at the City Municipal Building at 651 Prairie Point Drive, Yorkville, Illinois, to consider the
creation of Special Service Area 2025-02, in the Subject Territory and to consider the levy of an
annual tax as further described in Section 7.
Section 5. Notice of Public Hearing. Notice of the hearing, attached hereto as Exhibit C,
was published at least once not less than fifteen (15) days prior to the public hearing specified in
Section 4 above, in a newspaper of general circulation in the City. In addition, notice was given by
United States Certified mail addressed to the person or persons in whose name the general taxes
for the last preceding year were paid on the Subject Territory within the proposed special service
area. This notice was mailed not less than ten (10) days prior to the time set for the public hearing.
In the event taxes for the last preceding year were not paid, the notice was sent to the person last
listed on the tax rolls prior to that year as the taxpayer of record.
Section 6. Objectors. That the Owner and all taxpayers of record owning taxable real
property located within Special Service Area 2025-02, were heard at the public hearing held on
November 11, 2025. That no objections were filed with the City Clerk within sixty (60) days
following the final adjournment of the public hearing objecting to the creation of the Special
Service Area 2025-02 or the levy of an annual tax in Special Service Area 2025-02.
Section 7. Tax. That there shall be levied in such years as the corporate authorities may
hereafter determine to be appropriate, a direct annual tax that in the initial year shall not exceed
$1.10 for every $100.00 of equalized assessed value of property in the Special Service Area 2025-
02 and the maximum rate of such taxes to be extended in any year within the Subject Territory
shall not exceed $1.10 for every $100.00 of equalized assessed value to pay the annual cost of
providing the special services described above that shall be in addition to all other taxes permitted
by law.
Ordinance No. 2026-____
Page 4
Section 8. Recording. The City Clerk shall file within 30 days of the adoption of this
Ordinance a certified copy of the Ordinance, including Exhibits A, B and C, with the County Clerk
of Kendall County and with the Kendall County Recorder’s Office.
Section 9. Effective Date. This Ordinance shall be in full force and effect upon its passage,
approval and publication in pamphlet form as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
____ day of __________________, A.D. 2026.
______________________________
CITY CLERK
KEN KOCH _________ DAN TRANSIER _________
ARDEN JOE PLOCHER _________ CRAIG SOLING _________
CHRIS FUNKHOUSER _________ MATT MAREK _________
RUSTY CORNEILS _________ RUSTY HYETT _________
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this ____ day of __________________, A.D. 2026.
______________________________
MAYOR
Attest:
______________________________
CITY CLERK
EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE
SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5, THENCE
SOUTH 89 DEGREE 40 MINUTES 05 SECONDS WEST ALONG THE NORTH LINE OF
SAID NORTHEAST QUARTER, 655.52 FEET TO THE TANGENT CENTER LINE OF
ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 1
DEGREE 44 MINUTES 07 SECONDS EAST ALONG SAID TANGENT CENTER LINE AND
SAID TANGENT CENTER LINE EXTENDED 3511.16 FEET; THENCE NORTH 89 DEGREE
29 MINUTES 40 SECONDS EAST 548.60 FEET (THIS POINT HEREINAFTER REFERRED
TO AS POINT “A”); THENCE SOUTH 89 DEGREE 29 MINUTES 40 SECONDS WEST
ALONG THE LAST DESCRIBED COURSE 548.60 FEET TO THE CENTER LINE OF
ILLINOIS STATE ROUTE NO. 47 AFORESAID; THENCE SOUTH 1 DEGREE 44 MINUTES
07 SECONDS EAST ALONG SAID CENTER LINE 920.01 FEET TO A POINT ON SAID
CENTER LINE 4431.17 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 5, AS
MEASURED ALONG SAID TANGENT CENTER LINE AND SAID TANGENT CENTER
LINE EXTENDED, FOR THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREE 56
MINUTES 07 SECONDS EAST 593.08 FEET TO A LINE DRAWN SOUTH 4 DEGREE 21
MINUTES 07 SECONDS EAST FROM SAID POINT A; THENCE SOUTH 4 DEGREE 21
MINUTES 07 SECONDS EAST ALONG SAID LINE 482.85 FEET TO THE CENTER LINE
OF ILLINOIS STATE ROUTE NO. 71; THENCE WESTERLY ALONG SAID CENTER LINE
589.32 FEET TO THE CENTER LINE OF SAID ILLINOIS STATE ROUTE NO. 47; THENCE
NORTHERLY ALONG THE CENTER LINE OF SAID ROUTE 47, 596.73 FEET TO THE
POINT OF BEGINNING, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS,
(1) Excepting therefrom LAND CONVEYED TO THE PEOPLE OF THE STATE OF
ILLINOIS BY WARRANTY DEED RECORDED JUNE 15, 2017 AS DOCUMENT NO.
201700009111,
and
(2) Excepting therefrom LAND CONVEYED TO THE STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED MARCH 17,
2011 AS DOCUMENT NO. 20110004835.
Permanent Tax Index Number(s): 05-05-400-050; 05-04-300-031
Common Address: 107 East Stagecoach Trail, Yorkville, Illinois 60560
EXHIBIT B
MAP
EXHIBIT C
Public Hearing Notice
Notice of Hearing
United City of Yorkville, Illinois
Special Service Area Number 2025-02
Notice is Hereby Given that on November 10, 2025 at 7:00 p.m. at the United City of Yorkville,
City Hall, located at 651 Prairie Pointe Drive, Yorkville, Illinois 60560, a hearing will be held by
the United City of Yorkville (the “City”) to consider forming a special service area to be called
Special Service Area Number 2025-02 consisting of the following described real property (the
“Subject Property) legally described as:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE SOUTHEAST
QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE
NORTHEAST QUARTER OF SAID SECTION 5, THENCE SOUTH 89 DEGREE 40 MINUTES 05
SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, 655.52 FEET TO
THE TANGENT CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE
SOUTH; THENCE SOUTH 1 DEGREE 44 MINUTES 07 SECONDS EAST ALONG SAID TANGENT
CENTER LINE AND SAID TANGENT CENTER LINE EXTENDED 3511.16 FEET; THENCE NORTH
89 DEGREE 29 MINUTES 40 SECONDS EAST 548.60 FEET (THIS POINT HEREINAFTER
REFERRED TO AS POINT “A”); THENCE SOUTH 89 DEGREE 29 MINUTES 40 SECONDS WEST
ALONG THE LAST DESCRIBED COURSE 548.60 FEET TO THE CENTER LINE OF ILLINOIS
STATE ROUTE NO. 47 AFORESAID; THENCE SOUTH 1 DEGREE 44 MINUTES 07 SECONDS
EAST ALONG SAID CENTER LINE 920.01 FEET TO A POINT ON SAID CENTER LINE 4431.17
FEET SOUTH OF THE NORTH LINE OF SAID SECTION 5, AS MEASURED ALONG SAID
TANGENT CENTER LINE AND SAID TANGENT CENTER LINE EXTENDED, FOR THE POINT OF
BEGINNING; THENCE SOUTH 87 DEGREE 56 MINUTES 07 SECONDS EAST 593.08 FEET TO A
LINE DRAWN SOUTH 4 DEGREE 21 MINUTES 07 SECONDS EAST FROM SAID POINT A;
THENCE SOUTH 4 DEGREE 21 MINUTES 07 SECONDS EAST ALONG SAID LINE 482.85 FEET
TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 71; THENCE WESTERLY ALONG SAID
CENTER LINE 589.32 FEET TO THE CENTER LINE OF SAID ILLINOIS STATE ROUTE NO. 47;
THENCE NORTHERLY ALONG THE CENTER LINE OF SAID ROUTE 47, 596.73 FEET TO THE
POINT OF BEGINNING, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS,
(1) Excepting therefrom LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS BY
WARRANTY DEED RECORDED JUNE 15, 2017 AS DOCUMENT NO. 201700009111,
and
(2) Excepting therefrom LAND CONVEYED TO THE STATE OF ILLINOIS DEPARTMENT OF
TRANSPORTATION BY WARRANTY DEED RECORDED MARCH 17, 2011 AS DOCUMENT NO.
20110004835.
Permanent Tax Index Number(s): 05-05-400-050; 05-04-300-031
Common Address: 107 East Stagecoach Trail, Yorkville, Illinois 60560
The approximate location is the northeast corner of State Route 47 (South Bridge Street)
and State Route 71 (East Stagecoach Trail) in Yorkville.
The general purpose of the formation of the Special Service Area Number 2025-02 is to provide
special governmental services serving the Special Service Area that may include:
(1) the cleaning and dredging of storm water detention and retention ponds and basins,
drainage swales and ditches; and
(2) the maintenance and care, including erosion control of the property surrounding such
detention and retention ponds and basins, drainage swales and ditches; and
(3) the maintenance, repair and replacement of storm sewers, drain tile, pipes and other
conduit, and appurtenant structures; and
(4) the administrative costs incurred by the City in connection with the above (collectively,
the “Services”) within the Special Service Area.
All interested persons, including all persons owing taxable real property located within Special
Service Number 2025-02 will be given an opportunity to be heard and file written objections
regarding the formation of and the boundaries of the Special Service Area and may object to the
formation of the area and the levy of taxes affecting said area.
It is proposed that to pay for such Services the City shall levy an annual tax not to exceed $1.10
for every $100.00 of equalized assessed value of the property in the Special Service Area to pay
the annual cost of providing such Services. The proposed amount of the tax levy for the initial
year for which taxes will be levied within the special service area will not exceed $1.10 for every
$100.00 of equalized assessed value. No City Special Service Area bonds will be issued.
At the hearing, all interested persons affected by the formation of such Special Service Area,
including all persons owning taxable real estate therein, will be given an opportunity to be heard.
The hearing may be adjourned by the Mayor and City Council without notice other than a motion
to be entered upon the minutes of its meeting fixing the time and place of its adjournment.
If a petition signed by at least 51% of the electors residing within the Special Service Area and by
at least 51% of the owners of record of the land included within the boundaries of the Special
Service Area is filed with the City Clerk within sixty (60) days following the final adjournment of
the public hearing objecting to the creation of the Special Service Area or the levy of an annual
tax in the area, no such area may be created, or no such levy may be made within the next two
years.
Dated this 17th day of October 2025.
Jori Behland
City Clerk
Ordinance No. 2025-____
Page 1
Ordinance No. 2025-_____
AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA
NUMBER 2025-02 IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION
THEREWITH
(QuikTrip)
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. Authority. The United City of Yorkville, Kendall County, Illinois (the “City”)
is authorized pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and
pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5 et seq.
(the “Act”), which provides, inter alia, the manner of levying or imposing taxes and issuing bonds
for the provision of special services to areas within the boundaries of municipalities and counties.
Section 2. Findings. The Mayor and City Council of the City find and determine as
follows:
a. It is in the public interest that the Mayor and City Council of the City consider the
creation of a special service area for that portion of the City described in Exhibit A
attached hereto and made a part hereof (the “Subject Territory”); and
b. The special service area proposed for consideration is compact and contiguous; and
c. That said Subject Territory area is a commercial development consisting of two parcels
of approximately 5.51 acres in size, upon which exists a stormwater management basin;
and
d. The municipal services to be provided to the Subject Territory are for the continued
maintenance, repair and reconstruction of the stormwater systems in the event that the
owners of records (the “Owners”) have failed to do so; and
Additional Packet Materials from11/10/25 CC Public Hearing
Ordinance No. 2025-____
Page 1
e. The special governmental services for the Special Service Area may include: the
cleaning and dredging of storm water detention and retention ponds and basins,
drainage swales and ditches; the maintenance and care, including erosion control of the
property surrounding such detention and retention ponds and basins, drainage swales
and ditches; the maintenance, repair and replacement of storm sewers, drain tile, pipes
and other conduit, and appurtenant structures; and the administrative costs incurred by
the City in connection with the above (collectively the “Services”) within the Special
Service Area; and
f. The proposed special service area will benefit specially from the municipal services to
be provided to the area. These proposed municipal services are in addition to municipal
services provided to the City as a whole.
Section 3. Public Hearing. A public hearing shall be held on November 10, 2025 at 7:00
p.m. at the City Municipal Building at 651 Prairie Point Drive, Yorkville, Illinois, to consider the
creation of Special Service Area 2025-02, in the Subject Territory.
Section 4. Notice of Public Hearing. Notice of the hearing shall be published at least once
not less than fifteen (15) days prior to the public hearing specified in Section 3 above, in a
newspaper of general circulation in the City. In addition, notice shall be given by United States
Certified mail addressed to the person or persons in whose name the general taxes for the last
preceding year were paid on the Subject Territory within the proposed special service area. This
notice will be mailed not less than ten (10) days prior to the time set for the public hearing. In the
event taxes for the last preceding year were not paid, the notice shall be sent to the person last
listed on the tax rolls prior to that year as the taxpayer of record. The notice to owners of record
shall be in substantially the form set forth in Exhibit B to this Ordinance.
Ordinance No. 2025-____
Page 1
Section 5. Supersede Conflicting Ordinances. All ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are repealed to the extent of such conflict.
Section 6. Effective Date. This Ordinance shall be in full force and effect from and after
its passage and approval in the manner provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
____ day of __________________, A.D. 2025.
______________________________
CITY CLERK
KEN KOCH _________ DAN TRANSIER _________
ARDEN JOE PLOCHER _________ CRAIG SOLING _________
CHRIS FUNKHOUSER _________ MATT MAREK _________
RUSTY CORNEILS _________ RUSTY HYETT _________
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this ____ day of __________________, A.D. 2025.
______________________________
MAYOR
Attest:
______________________________
CITY CLERK
4
EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE
SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5, THENCE
SOUTH 89 DEGREE 40 MINUTES 05 SECONDS WEST ALONG THE NORTH LINE OF
SAID NORTHEAST QUARTER, 655.52 FEET TO THE TANGENT CENTER LINE OF
ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 1
DEGREE 44 MINUTES 07 SECONDS EAST ALONG SAID TANGENT CENTER LINE AND
SAID TANGENT CENTER LINE EXTENDED 3511.16 FEET; THENCE NORTH 89 DEGREE
29 MINUTES 40 SECONDS EAST 548.60 FEET (THIS POINT HEREINAFTER REFERRED
TO AS POINT “A”); THENCE SOUTH 89 DEGREE 29 MINUTES 40 SECONDS WEST
ALONG THE LAST DESCRIBED COURSE 548.60 FEET TO THE CENTER LINE OF
ILLINOIS STATE ROUTE NO. 47 AFORESAID; THENCE SOUTH 1 DEGREE 44 MINUTES
07 SECONDS EAST ALONG SAID CENTER LINE 920.01 FEET TO A POINT ON SAID
CENTER LINE 4431.17 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 5, AS
MEASURED ALONG SAID TANGENT CENTER LINE AND SAID TANGENT CENTER
LINE EXTENDED, FOR THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREE 56
MINUTES 07 SECONDS EAST 593.08 FEET TO A LINE DRAWN SOUTH 4 DEGREE 21
MINUTES 07 SECONDS EAST FROM SAID POINT A; THENCE SOUTH 4 DEGREE 21
MINUTES 07 SECONDS EAST ALONG SAID LINE 482.85 FEET TO THE CENTER LINE
OF ILLINOIS STATE ROUTE NO. 71; THENCE WESTERLY ALONG SAID CENTER LINE
589.32 FEET TO THE CENTER LINE OF SAID ILLINOIS STATE ROUTE NO. 47; THENCE
NORTHERLY ALONG THE CENTER LINE OF SAID ROUTE 47, 596.73 FEET TO THE
POINT OF BEGINNING, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS,
(1) Excepting therefrom LAND CONVEYED TO THE PEOPLE OF THE STATE OF
ILLINOIS BY WARRANTY DEED RECORDED JUNE 15, 2017 AS DOCUMENT NO.
201700009111,
and
(2) Excepting therefrom LAND CONVEYED TO THE STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED MARCH 17,
2011 AS DOCUMENT NO. 20110004835.
Permanent Tax Index Number(s): 05-05-400-050; 05-04-300-031
Common Address: 107 East Stagecoach Trail, Yorkville, Illinois 60560
5
EXHIBIT B
Public Hearing Notice
Notice of Hearing
United City of Yorkville, Illinois
Special Service Area Number 2025-02
Notice is Hereby Given that on November 10, 2025 at 7:00 p.m. at the United City of Yorkville,
City Hall, located at 651 Prairie Pointe Drive, Yorkville, Illinois 60560, a hearing will be held by
the United City of Yorkville (the “City”) to consider forming a special service area to be called
Special Service Area Number 2025-02 consisting of the following described real property (the
“Subject Property) legally described as:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE SOUTHEAST
QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE
NORTHEAST QUARTER OF SAID SECTION 5, THENCE SOUTH 89 DEGREE 40 MINUTES 05
SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, 655.52 FEET TO
THE TANGENT CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE
SOUTH; THENCE SOUTH 1 DEGREE 44 MINUTES 07 SECONDS EAST ALONG SAID TANGENT
CENTER LINE AND SAID TANGENT CENTER LINE EXTENDED 3511.16 FEET; THENCE NORTH
89 DEGREE 29 MINUTES 40 SECONDS EAST 548.60 FEET (THIS POINT HEREINAFTER
REFERRED TO AS POINT “A”); THENCE SOUTH 89 DEGREE 29 MINUTES 40 SECONDS WEST
ALONG THE LAST DESCRIBED COURSE 548.60 FEET TO THE CENTER LINE OF ILLINOIS
STATE ROUTE NO. 47 AFORESAID; THENCE SOUTH 1 DEGREE 44 MINUTES 07 SECONDS
EAST ALONG SAID CENTER LINE 920.01 FEET TO A POINT ON SAID CENTER LINE 4431.17
FEET SOUTH OF THE NORTH LINE OF SAID SECTION 5, AS MEASURED ALONG SAID
TANGENT CENTER LINE AND SAID TANGENT CENTER LINE EXTENDED, FOR THE POINT OF
BEGINNING; THENCE SOUTH 87 DEGREE 56 MINUTES 07 SECONDS EAST 593.08 FEET TO A
LINE DRAWN SOUTH 4 DEGREE 21 MINUTES 07 SECONDS EAST FROM SAID POINT A;
THENCE SOUTH 4 DEGREE 21 MINUTES 07 SECONDS EAST ALONG SAID LINE 482.85 FEET
TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 71; THENCE WESTERLY ALONG SAID
CENTER LINE 589.32 FEET TO THE CENTER LINE OF SAID ILLINOIS STATE ROUTE NO. 47;
THENCE NORTHERLY ALONG THE CENTER LINE OF SAID ROUTE 47, 596.73 FEET TO THE
POINT OF BEGINNING, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS,
(1) Excepting therefrom LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS BY
WARRANTY DEED RECORDED JUNE 15, 2017 AS DOCUMENT NO. 201700009111,
and
(2) Excepting therefrom LAND CONVEYED TO THE STATE OF ILLINOIS DEPARTMENT OF
TRANSPORTATION BY WARRANTY DEED RECORDED MARCH 17, 2011 AS DOCUMENT NO.
20110004835.
Permanent Tax Index Number(s): 05-05-400-050; 05-04-300-031
6
Common Address: 107 East Stagecoach Trail, Yorkville, Illinois 60560
The approximate location is the northeast corner of State Route 47 (South Bridge Street)
and State Route 71 (East Stagecoach Trail) in Yorkville.
The general purpose of the formation of the Special Service Area Number 2025-02 is to provide
special governmental services serving the Special Service Area that may include:
(1) the cleaning and dredging of storm water detention and retention ponds and basins,
drainage swales and ditches; and
(2) the maintenance and care, including erosion control of the property surrounding such
detention and retention ponds and basins, drainage swales and ditches; and
(3) the maintenance, repair and replacement of storm sewers, drain tile, pipes and other
conduit, and appurtenant structures; and
(4) the administrative costs incurred by the City in connection with the above (collectively,
the “Services”) within the Special Service Area.
All interested persons, including all persons owing taxable real property located within Special
Service Number 2025-02 will be given an opportunity to be heard and file written objections
regarding the formation of and the boundaries of the Special Service Area and may object to the
formation of the area and the levy of taxes affecting said area.
It is proposed that to pay for such Services the City shall levy an annual tax not to exceed $1.10
for every $100.00 of equalized assessed value of the property in the Special Service Area to pay
the annual cost of providing such Services. The proposed amount of the tax levy for the initial
year for which taxes will be levied within the special service area will not exceed $1.10 for every
$100.00 of equalized assessed value. No City Special Service Area bonds will be issued.
At the hearing, all interested persons affected by the formation of such Special Service Area,
including all persons owning taxable real estate therein, will be given an opportunity to be heard.
The hearing may be adjourned by the Mayor and City Council without notice other than a motion
to be entered upon the minutes of its meeting fixing the time and place of its adjournment.
If a petition signed by at least 51% of the electors residing within the Special Service Area and by
at least 51% of the owners of record of the land included within the boundaries of the Special
Service Area is filed with the City Clerk within sixty (60) days following the final adjournment of
the public hearing objecting to the creation of the Special Service Area or the levy of an annual
tax in the area, no such area may be created, or no such levy may be made within the next two
years.
Dated this 17th day of October 2025.
Jori Behland
City Clerk
Legal Description of Property
That part of the Southwest Quarter of Section 4 and part of the
Southeast Quarter of Section 5, Township 36 North, Range 7 East of
the Third Principal Meridian, described as follows: Commencing at the
Northeast Corner of the Northeast Quarter of said Section 5, thence
south 89 degree 40 minutes 05 seconds west along the North Line of
said Northeast Quarter, 655.52 feet to the tangent Center Line of
Illinois State Route No. 47 extended from the South; thence south 1
degree 44 minutes 07 seconds east along said tangent Center line and
said tangent Center Line extended 3511.16 feet; thence north 89
degree 29 minutes 40 seconds east 548.60 feet (this point hereinafter
referred to as point “A”); thence south 89 degree 29 minutes 40
seconds west along the last described course 548.60 feet to the
Center Line of Illinois State Route No. 47 aforesaid; thence south 1
degree 44 minutes 07 seconds east along said Center Line 920.01 feet
to a point on said Center Line 4431.17 feet south of the North Line
of said Section 5, as measured along said tangent Center Line and
said tangent Center Line extended, for the Point of Beginning; thence
south 87 degree 56 minutes 07 seconds east 593.08 feet to a line
drawn south 4 degree 21 minutes 07 seconds east from said Point A;
thence south 4 degree 21 minutes 07 seconds east along said line
482.85 feet to the Center Line of Illinois State Route No. 71; thence
westerly along said Center Line 589.32 feet to the Center Line of
said Illinois State Route No. 47; thence Northerly along the Center
Line of said Route 47, 596.73 feet to the Point of Beginning, Kendall
Township, Kendall County, Illinois,
(1) Excepting therefrom land conveyed to the People of the State of
Illinois by Warranty Deed Recorded June 15, 2017 as Document No.
201700009111,
And
(2) Excepting therefrom land conveyed to the State of Illinois
Department of Transportation by Warranty Deed Recorded March 17, 2011
as Document No. 20110004835.
Notice of Hearing
United City of Yorkville, Illinois
Special Service Area Number 2025-02
Notice is Hereby Given that on November 10, 2025 at 7:00 p.m. at the United City of
Yorkville, City Hall, located at 651 Prairie Pointe Drive, Yorkville, Illinois 60560, a
hearing will be held by the United City of Yorkville (the “City”) to consider forming a
special service area to be called Special Service Area Number 2025-02 consisting of the
following described real property (the “Subject Property) legally described as:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE
SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5,
THENCE SOUTH 89 DEGREE 40 MINUTES 05 SECONDS WEST ALONG THE NORTH
LINE OF SAID NORTHEAST QUARTER, 655.52 FEET TO THE TANGENT CENTER LINE
OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 1
DEGREE 44 MINUTES 07 SECONDS EAST ALONG SAID TANGENT CENTER LINE AND
SAID TANGENT CENTER LINE EXTENDED 3511.16 FEET; THENCE NORTH 89
DEGREE 29 MINUTES 40 SECONDS EAST 548.60 FEET (THIS POINT HEREINAFTER
REFERRED TO AS POINT “A”); THENCE SOUTH 89 DEGREE 29 MINUTES 40 SECONDS
WEST ALONG THE LAST DESCRIBED COURSE 548.60 FEET TO THE CENTER LINE OF
ILLINOIS STATE ROUTE NO. 47 AFORESAID; THENCE SOUTH 1 DEGREE 44 MINUTES
07 SECONDS EAST ALONG SAID CENTER LINE 920.01 FEET TO A POINT ON SAID
CENTER LINE 4431.17 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 5, AS
MEASURED ALONG SAID TANGENT CENTER LINE AND SAID TANGENT CENTER
LINE EXTENDED, FOR THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREE 56
MINUTES 07 SECONDS EAST 593.08 FEET TO A LINE DRAWN SOUTH 4 DEGREE 21
MINUTES 07 SECONDS EAST FROM SAID POINT A; THENCE SOUTH 4 DEGREE 21
MINUTES 07 SECONDS EAST ALONG SAID LINE 482.85 FEET TO THE CENTER LINE
OF ILLINOIS STATE ROUTE NO. 71; THENCE WESTERLY ALONG SAID CENTER LINE
589.32 FEET TO THE CENTER LINE OF SAID ILLINOIS STATE ROUTE NO. 47; THENCE
NORTHERLY ALONG THE CENTER LINE OF SAID ROUTE 47, 596.73 FEET TO THE
POINT OF BEGINNING, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS,
(1) Excepting therefrom LAND CONVEYED TO THE PEOPLE OF THE STATE OF
ILLINOIS BY WARRANTY DEED RECORDED JUNE 15, 2017 AS DOCUMENT NO.
201700009111,
and
(2) Excepting therefrom LAND CONVEYED TO THE STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED MARCH 17,
2011 AS DOCUMENT NO. 20110004835.
Permanent Tax Index Number(s): 05-05-400-050; 05-04-300-031
Common Address: 107 East Stagecoach Trail, Yorkville, Illinois 60560
The approximate location is the northeast corner of State Route 47 (South Bridge
Street) and State Route 71 (East Stagecoach Trail) in Yorkville.
The general purpose of the formation of the Special Service Area Number 2025-02 is to
provide special governmental services serving the Special Service Area that may include:
(1) the cleaning and dredging of storm water detention and retention ponds and
basins, drainage swales and ditches; and
(2) the maintenance and care, including erosion control of the property
surrounding such detention and retention ponds and basins, drainage swales
and ditches; and
(3) the maintenance, repair and replacement of storm sewers, drain tile, pipes and
other conduit, and appurtenant structures; and
(4) the administrative costs incurred by the City in connection with the above
(collectively, the “Services”) within the Special Service Area.
All interested persons, including all persons owing taxable real property located within
Special Service Area Number 2025-02 will be given an opportunity to be heard and file
written objections regarding the formation of and the boundaries of the Special Service
Area and may object to the formation of the area and the levy of taxes affecting said area.
It is proposed that to pay for such Services the City shall levy an annual tax not to exceed
$1.10 for every $100.00 of equalized assessed value of the property in the Special Service
Area to pay the annual cost of providing such Services. The proposed amount of the tax
levy for the initial year for which taxes will be levied within the special service area will
not exceed $1.10 for every $100.00 of equalized assessed value. No City Special Service
Area bonds will be issued.
At the hearing, all interested persons affected by the formation of such Special Service
Area, including all persons owning taxable real estate therein, will be given an
opportunity to be heard. The hearing may be adjourned by the Mayor and City Council
without notice other than a motion to be entered upon the minutes of its meeting fixing
the time and place of its adjournment.
If a petition signed by at least 51% of the electors residing within the Special Service
Area and by at least 51% of the owners of record of the land included within the
boundaries of the Special Service Area is filed with the City Clerk within sixty (60) days
following the final adjournment of the public hearing objecting to the creation of the
Special Service Area or the levy of an annual tax in the area, no such area may be
created, or no such levy may be made within the next two years.
Dated this 17th day of October 2025.
Jori Behland
City Clerk
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Agenda Item Number
Economic Development Committee #2
Tracking Number
EDC 2025-66
Costco – Dormant SSA – Establishing Ordinance
City Council – January 13, 2026
Please see the attached memo.
CC – 11/10/25
A public hearing was held.
EDC 2025-66
Sara Mendez Community Development
Name Department
Memorandum
To: Economic Development Committee
From: Sara Mendez, Senior Planner
CC: Bart Olson, City Administrator
Krysti Barksdale-Noble, Community Development Director
David Hansen, Senior Planner; Eric Dhuse, Director of Public Works
Brad Sanderson, EEI (City Engineer)
Date: September 2, 2025
Subject: Costco - Proposed Establishment of a Dormant Special Service
Area (SSA)
SUMMARY:
In January 2025, the City Council approved a request from Costco Wholesale Corporation to develop
a members-only retail store and a standalone fueling facility as part of a special use request. The
approval also included final plat approval to subdivide two existing parcels and an amendment to the
existing “Yorkville Crossing” Planned Unit Development (PUD) agreement to accommodate the
proposed development. In mid-2025, construction began on the site with the use anticipated to open
in November 2025. The property is zoned B-3 General Business District and is located at the
northwest corner of US Route 34 (East Veterans Parkway) and East Countryside Parkway. The site
consists of two parcels (PIN #02-28-227-002 and PIN #02-27-101-003), which is approximately 34
acres.
As required by the City’s adopted Stormwater Ordinance, the establishment of a dormant, or back-
up, Special Service Area (SSA) is needed should the entity, which will have primary responsibility
for the stormwater basin, dissolve or fail to adequately maintain it. The SSA would serve as long
term funding source for the maintenance of the storm water facility, and only affects those property
owners directly benefiting from such maintenance. A copy of the draft enabling ordinance for the
establishment of the Special Service Area is attached for your review and will be presented to the
City Council at an upcoming meeting, as part of the public hearing process.
PROPOSED DORMANT SPECIAL SERVICE AREA
As mentioned above, the attached draft ordinance for dormant Special Service Area (SSA) prepared
by the City Attorney establishes a backup mechanism for payment for future and continued
maintenance and repair of the storm water facility within the Costco Development Area in the event
the entity fails to do so. The PINs associated with the development include 02-28-227-002 and 02-
27-101-003.
The SSA will be used to cover costs related to (1) the cleaning and dredging of storm water detention
and retention ponds and basins, drainage swales and ditches; (2) the maintenance and care, including
erosion control of the property surrounding such detention and retention ponds and basins, drainage
swales and ditches; (3) the maintenance, repair and replacement of storm sewers, drain tile, pipes and
other conduit, and appurtenant structures; and (4) the administrative costs incurred by the City in
connection with the above (collectively the “Services”) within the Special Service Area in the event
the Owners for the development have failed to satisfactorily undertake the ongoing maintenance,
repair and reconstruction in compliance with the ordinances of the Yorkville City Code.
TAX LEVY ESTIMATE
Should the property owner fail to maintain the basin, the subject property will be levied a tax not to
exceed $1.10 for every $100.00 of equalized assessed value of the property to be collected via real
estate taxes.
MEETING SCHEDULE OF PROPOSED SSA
Staff is seeking direction and authorization to schedule the public hearing date for the establishment
of the Special Service Area for the QuikTrip Development. Below is the tentative meeting schedule
for the proposed dormant SSA approval process:
Meeting Schedule of Proposed SSA
Ordinance Proposing SSA
(Sets the public hearing date)
Economic Development
Committee September 2, 2025
Ordinance Proposing SSA City Council September 9, 2025
Public Hearing Notice - published on October 17, 2025
Notice by publication shall be at least once not less than 15 days prior to the hearing. Individual
notices to existing property owners, if any, must be sent via certified mail.
Public Hearing
(After the public hearing, 60 day waiting
period before we can approve SSA)
City Council November 10, 2025
60 Day Waiting Period for Objections
Ordinance Establishing SSA City Council January 13, 2026
STAFF COMMENTS / RECOMMENDATION
The property owner has been notified of the proposed process and public hearing before the City
Council for the consideration of the establishment of the dormant Special Service Area. Staff is
recommending approval of the proposed backup funding mechanism as it is a requirement of the
current Stormwater Ordinance.
This request is tentatively scheduled for a public hearing on November 10, 2025. The final vote is
scheduled for the January 13, 2026 City Council Meeting. Staff is seeking input and comments from
the Economic Development Committee.
ATTACHMENTS:
1. Draft Ordinance - Proposing Dormant SSA
2. Legal Description
3. Draft Public Hearing Notice
4. Draft Ordinance - Establishing Dormant SSA
Ordinance No. 2026-____
Page 1
Ordinance No. 2026-_____
AN ORDINANCE ESTABLISHING THE SPECIAL SERVICE AREA NUMBER 2025-01
IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND
PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH
(Costco)
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly
organized and validly existing non home-rule municipality authorized pursuant to Article VII of
the Constitution of the State of Illinois; and
WHEREAS, pursuant to the provisions of Section 7(6) of Article VII of the 1970
Constitution of the State of Illinois, the City is authorized to create special service areas in and for
the City that are further established “in the manner provided by law;” and
WHEREAS, pursuant to the provisions of the Illinois Special Service Area Tax Law (35
ILCS 200/27-5 et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.) the City may establish
special service areas to levy taxes in order to pay for the provision of special services to areas
within the boundaries of the City; and
WHEREAS, the owner of record (the “Owner”) of the real property hereinafter described
(the “Subject Territory”) has been approved for a commercial development consisting of two
parcels of approximately 34 acres in size, that by City ordinance must provide for a backup
mechanism for payment of any and all costs of continued maintenance, repair and reconstruction
of the storm water detention areas serving the Subject Territory; and
WHEREAS, it is in the public interest that a special service area be established for the
Subject Territory for the purposes set forth herein and to be known as Special Service Area 2025-
01.
Ordinance No. 2026-____
Page 2
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. Establishment. That it is in the public interest that Special Service Area 2025-
01 is hereby established as a special service area for the purposes set forth herein and consisting
of the Subject Territory that is legally described and that contains the Property Index Numbers as
stated in Exhibit A, attached hereto and made a part hereof by reference.
Section 2. Area. That said Subject Territory is a commercial development consisting of
two parcels of approximately 34 acres in size, upon which exists a stormwater management basin.
The Subject Territory is totally within the corporate limits of the City and an accurate map of the
property within the Special Service Area 2025-01 is attached hereto and made a part hereof as
Exhibit B.
Section 3. Purpose. That said Subject Territory will benefit specifically from the municipal
services to be provided and that such services are in addition to those municipal services provided
to the City as a whole, and unique and in the best interests of Special Service Area 2025-01. The
City’s levy of special taxes against said Subject Territory shall be to provide a backup mechanism
for payment of any and all costs of continued maintenance, repair and reconstruction of the storm
water systems in the event that the Owner has failed to do so. The special governmental services
for the Special Service Area may include:
(1) the cleaning and dredging of storm water detention and retention ponds and basins,
drainage swales and ditches; and
(2) the maintenance and care, including erosion control of the property surrounding such
detention and retention ponds and basins, drainage swales and ditches; and
Ordinance No. 2026-____
Page 3
(3) the maintenance, repair and replacement of storm sewers, drain tile, pipes and other
conduit, and appurtenant structures; and
(4) the administrative costs incurred by the City in connection with the above (collectively
the “Services”) within the Special Service Area
Section 4. Public Hearing. A public hearing was held on November 10, 2025 at 7:00 p.m.
at the City Municipal Building at 651 Prairie Point Drive, Yorkville, Illinois, to consider the
creation of Special Service Area 2025-01, in the Subject Territory and to consider the levy of an
annual tax as further described in Section 7.
Section 5. Notice of Public Hearing. Notice of the hearing, attached hereto as Exhibit C,
was published at least once not less than fifteen (15) days prior to the public hearing specified in
Section 4 above, in a newspaper of general circulation in the City. In addition, notice was given by
United States Certified mail addressed to the person or persons in whose name the general taxes
for the last preceding year were paid on the Subject Territory within the proposed special service
area. This notice was mailed not less than ten (10) days prior to the time set for the public hearing.
In the event taxes for the last preceding year were not paid, the notice was sent to the person last
listed on the tax rolls prior to that year as the taxpayer of record.
Section 6. Objectors. That the Owner and all taxpayers of record owning taxable real
property located within Special Service Area 2025-01, were heard at the public hearing held on
November 10, 2025. That no objections were filed with the City Clerk within sixty (60) days
following the final adjournment of the public hearing objecting to the creation of the Special
Service Area 2025-01 or the levy of an annual tax in Special Service Area 2025-01.
Section 7. Tax. That there shall be levied in such years as the corporate authorities may
hereafter determine to be appropriate, a direct annual tax that in the initial year shall not exceed
Ordinance No. 2026-____
Page 4
$1.10 for every $100.00 of equalized assessed value of property in the Special Service Area 2025-
01 and the maximum rate of such taxes to be extended in any year within the Subject Territory
shall not exceed $1.10 for every $100.00 of equalized assessed value to pay the annual cost of
providing the special services described above that shall be in addition to all other taxes permitted
by law.
Section 8. Recording. The City Clerk shall file within 30 days of the adoption of this
Ordinance a certified copy of the Ordinance, including Exhibits A, B and C, with the County Clerk
of Kendall County and with the Kendall County Recorder’s Office.
Section 9. Effective Date. This Ordinance shall be in full force and effect upon its passage,
approval and publication in pamphlet form as provided by law.
[Remainder of page intentionally blank; roll call vote follows]
Ordinance No. 2026-____
Page 5
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
____ day of __________________, A.D. 2026.
______________________________
CITY CLERK
KEN KOCH _________ DAN TRANSIER _________
ARDEN JOE PLOCHER _________ CRAIG SOLING _________
CHRIS FUNKHOUSER _________ MATT MAREK _________
RUSTY CORNEILS _________ RUSTY HYETT _________
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this ____ day of __________________, A.D. 2026.
______________________________
MAYOR
Attest:
______________________________
CITY CLERK
EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE
SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5, THENCE
SOUTH 89 DEGREE 40 MINUTES 05 SECONDS WEST ALONG THE NORTH LINE OF
SAID NORTHEAST QUARTER, 655.52 FEET TO THE TANGENT CENTER LINE OF
ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 1
DEGREE 44 MINUTES 07 SECONDS EAST ALONG SAID TANGENT CENTER LINE AND
SAID TANGENT CENTER LINE EXTENDED 3511.16 FEET; THENCE NORTH 89 DEGREE
29 MINUTES 40 SECONDS EAST 548.60 FEET (THIS POINT HEREINAFTER REFERRED
TO AS POINT “A”); THENCE SOUTH 89 DEGREE 29 MINUTES 40 SECONDS WEST
ALONG THE LAST DESCRIBED COURSE 548.60 FEET TO THE CENTER LINE OF
ILLINOIS STATE ROUTE NO. 47 AFORESAID; THENCE SOUTH 1 DEGREE 44 MINUTES
07 SECONDS EAST ALONG SAID CENTER LINE 920.01 FEET TO A POINT ON SAID
CENTER LINE 4431.17 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 5, AS
MEASURED ALONG SAID TANGENT CENTER LINE AND SAID TANGENT CENTER
LINE EXTENDED, FOR THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREE 56
MINUTES 07 SECONDS EAST 593.08 FEET TO A LINE DRAWN SOUTH 4 DEGREE 21
MINUTES 07 SECONDS EAST FROM SAID POINT A; THENCE SOUTH 4 DEGREE 21
MINUTES 07 SECONDS EAST ALONG SAID LINE 482.85 FEET TO THE CENTER LINE
OF ILLINOIS STATE ROUTE NO. 71; THENCE WESTERLY ALONG SAID CENTER LINE
589.32 FEET TO THE CENTER LINE OF SAID ILLINOIS STATE ROUTE NO. 47; THENCE
NORTHERLY ALONG THE CENTER LINE OF SAID ROUTE 47, 596.73 FEET TO THE
POINT OF BEGINNING, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS,
(1) Excepting therefrom LAND CONVEYED TO THE PEOPLE OF THE STATE OF
ILLINOIS BY WARRANTY DEED RECORDED JUNE 15, 2017 AS DOCUMENT NO.
201700009111,
and
(2) Excepting therefrom LAND CONVEYED TO THE STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED MARCH 17,
2011 AS DOCUMENT NO. 20110004835.
Permanent Tax Index Number(s): 02-28-227-002; 02-27-101-003
Common Addresses: 825 East Veterans Parkway, Yorkville, Illinois 60560
801 East Veterans Parkway, Yorkville, Illinois 60560
813 East Veterans Parkway, Yorkville, Illinois 60560
837 East Veterans Parkway, Yorkville, Illinois 60560
EXHIBIT B
MAP
EXHIBIT C
Public Hearing Notice
Notice of Hearing
United City of Yorkville, Illinois
Special Service Area Number 2025-01
Notice is Hereby Given that on November 10, 2025 at 7:00 p.m. at the United City of Yorkville,
City Hall, located at 651 Prairie Pointe Drive, Yorkville, Illinois 60560, a hearing will be held by
the United City of Yorkville (the “City”) to consider forming a special service area to be called
Special Service Area 2025-01 consisting of the following described real property (the “Subject
Property) legally described as:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 27, AND PART OF THE
NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF COUNTRYSIDE
PARKWAY PER PLAT OF DEDICATION DOCUMENT NO. 2000-00009655, WITH THE
NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO. 34 PER DOCUMENT NUMBERS
2002-00008973 AND 2002-00007755; THENCE SOUTH 12 DEGREES 50 MINUTES 13
SECONDS WEST, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID U.S. ROUTE
NO. 34, 77.16 FEET; THENCE SOUTH 55 DEGREES 12 MINUTES 38 SECONDS WEST,
ALONG SAID NORTHERLY RIGHT OF WAY LINE, 976.51 FEET; THENCE WESTERLY
ALONG SAID NORTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE
RIGHT WITH A RADIUS OF 1390.00' AND A CHORD BEARING OF SOUTH 67 DEGREES
53 MINUTES 14 SECONDS WEST, AN ARC LENGTH OF 616.39 FEET; THENCE NORTH
67 DEGREES 09 MINUTES 38 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF
WAY LINE, 97.31 FEET; THENCE SOUTH 85 DEGREES 58 MINUTES 01 SECONDS WEST,
ALONG SAID NORTHERLY RIGHT OF WAY LINE, 1.41 FEET TO THE EASTERLY RIGHT
OF WAY LINE OF MCHUGH ROAD PER PLAT OF DEDICATION DOCUMENT NO. 2000-
00009655; THENCE NORTH 04 DEGREES 07 MINUTES 38 SECONDS WEST, ALONG
SAID EASTERLY RIGHT OF WAY LINE, 183.64 FEET; THENCE NORTHERLY ALONG
SAID EASTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT WITH
A RADIUS OF 460.00 FEET AND A CHORD BEARING OF NORTH 03 DEGREES 01
MINUTES 21 SECONDS EAST, AN ARC LENGTH OF 114.80 FEET; THENCE NORTH 10
DEGREES 10 MINUTES 20 SECONDS EAST, ALONG SAID EASTERLY RIGHT OF WAY
LINE, 300.40 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY
LINE, BEING ALONG A CURVE TO THE LEFT WITH A RADIUS OF 1040.00 FEET AND
A CHORD BEARING OF NORTH 01 DEGREES 38 MINUTES 51 SECONDS EAST, AN ARC
LENGTH OF 309.47 FEET; THENCE NORTH 06 DEGREES 52 MINUTES 38 SECONDS
WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 250.39 FEET; THENCE
NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE
TO THE RIGHT WITH A RADIUS OF 460.00 FEET AND A CHORD BEARING OF NORTH
01 DEGREES 24 MINUTES 19 SECONDS WEST, AN ARC LENGTH OF 87.86 FEET;
THENCE NORTH 04 DEGREES 04 MINUTES 00 SECONDS EAST, ALONG SAID
EASTERLY RIGHT OF WAY LINE, 226.43 FEET; THENCE NORTHEASTERLY ALONG A
CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF
NORTH 49 DEGREES 04 MINUTES 00 SECONDS EAST, AN ARC LENGTH OF 39.27 FEET
TO A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE OF COUNTRYSIDE
PARKWAY; THENCE SOUTH 85 DEGREES 56 MINUTES 00 SECONDS EAST, ALONG
SAID SOUTHERLY RIGHT OF WAY LINE, 338.21 FEET; THENCE SOUTHEASTERLY
ALONG SAID SOUTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE
RIGHT WITH A RADIUS OF 1390.03 FEET AND CHORD BEARING OF SOUTH 60
DEGREES 21 MINUTES 36 SECONDS EAST, AN ARC LENGTH OF 1240.81 FEET TO A
POINT DRAWN NORTH 34 DEGREES 47 MINUTES 13 SECONDS WEST, 54.08 FEET
FROM THE POINT OF BEGINNING; THENCE SOUTH 34 DEGREES 47 MINUTES 13
SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 54.08 FEET TO THE
POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS.
EXCEPTING THEREFROM: THAT PART TAKEN FOR ROAD PURPOSES BY ORDER
VESTING TITLE ENTERED IN CASE NO. 15-ED-10, CIRCUIT COURT OF KENDALL
COUNTY, ILLINOIS, RECORDED OCTOBER 28, 2015 AS DOCUMENT NO. 201500016982.
Permanent Tax Index Number(s): 02-28-227-002; 02-27-101-003
Common Address: 825 East Veterans Parkway, 801 East Veterans Parkway, 813
East Veterans Parkway, and 837 East Veterans Parkway, Yorkville, Illinois 60560
The approximate location is the northwest corner of US Route 34 (East Veterans Parkway)
and East Countryside Parkway in Yorkville.
The general purpose of the formation of the Special Service Area 2025-01 is to provide special
governmental services serving the Special Service Area that may include:
(1) the cleaning and dredging of storm water detention and retention ponds and basins,
drainage swales and ditches; and
(2) the maintenance and care, including erosion control of the property surrounding such
detention and retention ponds and basins, drainage swales and ditches; and
(3) the maintenance, repair and replacement of storm sewers, drain tile, pipes and other
conduit, and appurtenant structures; and
(4) the administrative costs incurred by the City in connection with the above (collectively,
the “Services”) within the Special Service Area.
All interested persons, including all persons owing taxable real property located within Special
Service Number 2025-01 will be given an opportunity to be heard and file written objections
regarding the formation of and the boundaries of the Special Service Area and may object to the
formation of the area and the levy of taxes affecting said area.
It is proposed that to pay for such Services the City shall levy an annual tax not to exceed $1.10
for every $100.00 of equalized assessed value of the property in the Special Service Area to pay
the annual cost of providing such Services. The proposed amount of the tax levy for the initial
year for which taxes will be levied within the special service area will not exceed $1.10 for every
$100.00 of equalized assessed value. No City Special Service Area bonds will be issued.
At the hearing, all interested persons affected by the formation of such Special Service Area,
including all persons owning taxable real estate therein, will be given an opportunity to be heard.
The hearing may be adjourned by the Mayor and City Council without notice other than a motion
to be entered upon the minutes of its meeting fixing the time and place of its adjournment.
If a petition signed by at least 51% of the electors residing within the Special Service Area and by
at least 51% of the owners of record of the land included within the boundaries of the Special
Service Area is filed with the City Clerk within sixty (60) days following the final adjournment of
the public hearing objecting to the creation of the Special Service Area or the levy of an annual
tax in the area, no such area may be created, or no such levy may be made within the next two
years.
Dated this 17th day of October 2025.
Jori Behland
City Clerk
Ordinance No. 2025-____
Page 1
Ordinance No. 2025-_____
AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA
NUMBER 2025-01 IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION
THEREWITH
(Costco)
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. Authority. The United City of Yorkville, Kendall County, Illinois (the “City”)
is authorized pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and
pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5 et seq.
(the “Act”), which provides, inter alia, the manner of levying or imposing taxes and issuing bonds
for the provision of special services to areas within the boundaries of municipalities and counties.
Section 2. Findings. The Mayor and City Council of the City find and determine as
follows:
a. It is in the public interest that the Mayor and City Council of the City consider the
creation of a special service area for that portion of the City described in Exhibit A
attached hereto and made a part hereof (the “Subject Territory”); and
b. The special service area proposed for consideration is compact and contiguous; and
c. That said Subject Territory area is a commercial development consisting of four parcels
of approximately 34 acres in size, upon which exists a stormwater management basin;
and
d. The municipal services to be provided to the Subject Territory are for the continued
maintenance, repair and reconstruction of the stormwater systems in the event that the
owners of records (the “Owners”) have failed to do so; and
Additional Packet Materials from 11/10/25 CC Public Hearing
Ordinance No. 2025-____
Page 2
e. The special governmental services for the Special Service Area may include: the
cleaning and dredging of storm water detention and retention ponds and basins,
drainage swales and ditches; the maintenance and care, including erosion control of the
property surrounding such detention and retention ponds and basins, drainage swales
and ditches; the maintenance, repair and replacement of storm sewers, drain tile, pipes
and other conduit, and appurtenant structures; and the administrative costs incurred by
the City in connection with the above (collectively the “Services”) within the Special
Service Area; and
f. The proposed special service area will benefit specially from the municipal services to
be provided to the area. These proposed municipal services are in addition to municipal
services provided to the City as a whole
Section 3. Public Hearing. A public hearing shall be held on November 10, 2025 at 7:00
p.m. at the City Municipal Building at 651 Prairie Point Drive, Yorkville, Illinois, to consider the
creation of Special Service Area 2025-01, in the Subject Territory.
Section 4. Notice of Public Hearing. Notice of the hearing shall be published at least once
not less than fifteen (15) days prior to the public hearing specified in Section 3 above, in a
newspaper of general circulation in the City. In addition, notice shall be given by United States
Certified mail addressed to the person or persons in whose name the general taxes for the last
preceding year were paid on the Subject Territory within the proposed special service area. This
notice will be mailed not less than ten (10) days prior to the time set for the public hearing. In the
event taxes for the last preceding year were not paid, the notice shall be sent to the person last
listed on the tax rolls prior to that year as the taxpayer of record. The notice to owners of record
shall be in substantially the form set forth in Exhibit B to this Ordinance.
Ordinance No. 2025-____
Page 3
Section 5. Supersede Conflicting Ordinances. All ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are repealed to the extent of such conflict.
Section 6. Effective Date. This Ordinance shall be in full force and effect from and after
its passage and approval in the manner provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
____ day of __________________, A.D. 2025.
______________________________
CITY CLERK
KEN KOCH _________ DAN TRANSIER _________
ARDEN JOE PLOCHER _________ CRAIG SOLING _________
CHRIS FUNKHOUSER _________ MATT MAREK _________
RUSTY CORNEILS _________ RUSTY HYETT _________
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this ____ day of __________________, A.D. 2025.
______________________________
MAYOR
Attest:
______________________________
CITY CLERK
EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE
SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5, THENCE
SOUTH 89 DEGREE 40 MINUTES 05 SECONDS WEST ALONG THE NORTH LINE OF
SAID NORTHEAST QUARTER, 655.52 FEET TO THE TANGENT CENTER LINE OF
ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 1
DEGREE 44 MINUTES 07 SECONDS EAST ALONG SAID TANGENT CENTER LINE AND
SAID TANGENT CENTER LINE EXTENDED 3511.16 FEET; THENCE NORTH 89 DEGREE
29 MINUTES 40 SECONDS EAST 548.60 FEET (THIS POINT HEREINAFTER REFERRED
TO AS POINT “A”); THENCE SOUTH 89 DEGREE 29 MINUTES 40 SECONDS WEST
ALONG THE LAST DESCRIBED COURSE 548.60 FEET TO THE CENTER LINE OF
ILLINOIS STATE ROUTE NO. 47 AFORESAID; THENCE SOUTH 1 DEGREE 44 MINUTES
07 SECONDS EAST ALONG SAID CENTER LINE 920.01 FEET TO A POINT ON SAID
CENTER LINE 4431.17 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 5, AS
MEASURED ALONG SAID TANGENT CENTER LINE AND SAID TANGENT CENTER
LINE EXTENDED, FOR THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREE 56
MINUTES 07 SECONDS EAST 593.08 FEET TO A LINE DRAWN SOUTH 4 DEGREE 21
MINUTES 07 SECONDS EAST FROM SAID POINT A; THENCE SOUTH 4 DEGREE 21
MINUTES 07 SECONDS EAST ALONG SAID LINE 482.85 FEET TO THE CENTER LINE
OF ILLINOIS STATE ROUTE NO. 71; THENCE WESTERLY ALONG SAID CENTER LINE
589.32 FEET TO THE CENTER LINE OF SAID ILLINOIS STATE ROUTE NO. 47; THENCE
NORTHERLY ALONG THE CENTER LINE OF SAID ROUTE 47, 596.73 FEET TO THE
POINT OF BEGINNING, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS,
(1) Excepting therefrom LAND CONVEYED TO THE PEOPLE OF THE STATE OF
ILLINOIS BY WARRANTY DEED RECORDED JUNE 15, 2017 AS DOCUMENT NO.
201700009111,
and
(2) Excepting therefrom LAND CONVEYED TO THE STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED MARCH 17,
2011 AS DOCUMENT NO. 20110004835.
Permanent Tax Index Number(s): 02-28-227-002; 02-27-101-003
Common Addresses: 825 East Veterans Parkway, Yorkville, Illinois 60560
801 East Veterans Parkway, Yorkville, Illinois 60560
813 East Veterans Parkway, Yorkville, Illinois 60560
837 East Veterans Parkway, Yorkville, Illinois 60560
EXHIBIT B
Public Hearing Notice
Notice of Hearing
United City of Yorkville, Illinois
Special Service Area Number 2025-01
Notice is Hereby Given that on November 10, 2025 at 7:00 p.m. at the United City of Yorkville,
City Hall, located at 651 Prairie Pointe Drive, Yorkville, Illinois 60560, a hearing will be held by
the United City of Yorkville (the “City”) to consider forming a special service area to be called
Special Service Area 2025-01 consisting of the following described real property (the “Subject
Property) legally described as:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 27, AND PART OF THE
NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF COUNTRYSIDE
PARKWAY PER PLAT OF DEDICATION DOCUMENT NO. 2000-00009655, WITH THE
NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO. 34 PER DOCUMENT NUMBERS
2002-00008973 AND 2002-00007755; THENCE SOUTH 12 DEGREES 50 MINUTES 13
SECONDS WEST, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID U.S. ROUTE
NO. 34, 77.16 FEET; THENCE SOUTH 55 DEGREES 12 MINUTES 38 SECONDS WEST,
ALONG SAID NORTHERLY RIGHT OF WAY LINE, 976.51 FEET; THENCE WESTERLY
ALONG SAID NORTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE
RIGHT WITH A RADIUS OF 1390.00' AND A CHORD BEARING OF SOUTH 67 DEGREES
53 MINUTES 14 SECONDS WEST, AN ARC LENGTH OF 616.39 FEET; THENCE NORTH
67 DEGREES 09 MINUTES 38 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF
WAY LINE, 97.31 FEET; THENCE SOUTH 85 DEGREES 58 MINUTES 01 SECONDS WEST,
ALONG SAID NORTHERLY RIGHT OF WAY LINE, 1.41 FEET TO THE EASTERLY RIGHT
OF WAY LINE OF MCHUGH ROAD PER PLAT OF DEDICATION DOCUMENT NO. 2000-
00009655; THENCE NORTH 04 DEGREES 07 MINUTES 38 SECONDS WEST, ALONG
SAID EASTERLY RIGHT OF WAY LINE, 183.64 FEET; THENCE NORTHERLY ALONG
SAID EASTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT WITH
A RADIUS OF 460.00 FEET AND A CHORD BEARING OF NORTH 03 DEGREES 01
MINUTES 21 SECONDS EAST, AN ARC LENGTH OF 114.80 FEET; THENCE NORTH 10
DEGREES 10 MINUTES 20 SECONDS EAST, ALONG SAID EASTERLY RIGHT OF WAY
LINE, 300.40 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY
LINE, BEING ALONG A CURVE TO THE LEFT WITH A RADIUS OF 1040.00 FEET AND
A CHORD BEARING OF NORTH 01 DEGREES 38 MINUTES 51 SECONDS EAST, AN ARC
LENGTH OF 309.47 FEET; THENCE NORTH 06 DEGREES 52 MINUTES 38 SECONDS
WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 250.39 FEET; THENCE
NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE
TO THE RIGHT WITH A RADIUS OF 460.00 FEET AND A CHORD BEARING OF NORTH
01 DEGREES 24 MINUTES 19 SECONDS WEST, AN ARC LENGTH OF 87.86 FEET;
THENCE NORTH 04 DEGREES 04 MINUTES 00 SECONDS EAST, ALONG SAID
EASTERLY RIGHT OF WAY LINE, 226.43 FEET; THENCE NORTHEASTERLY ALONG A
CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF
NORTH 49 DEGREES 04 MINUTES 00 SECONDS EAST, AN ARC LENGTH OF 39.27 FEET
TO A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE OF COUNTRYSIDE
PARKWAY; THENCE SOUTH 85 DEGREES 56 MINUTES 00 SECONDS EAST, ALONG
SAID SOUTHERLY RIGHT OF WAY LINE, 338.21 FEET; THENCE SOUTHEASTERLY
ALONG SAID SOUTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE
RIGHT WITH A RADIUS OF 1390.03 FEET AND CHORD BEARING OF SOUTH 60
DEGREES 21 MINUTES 36 SECONDS EAST, AN ARC LENGTH OF 1240.81 FEET TO A
POINT DRAWN NORTH 34 DEGREES 47 MINUTES 13 SECONDS WEST, 54.08 FEET
FROM THE POINT OF BEGINNING; THENCE SOUTH 34 DEGREES 47 MINUTES 13
SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 54.08 FEET TO THE
POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS.
EXCEPTING THEREFROM: THAT PART TAKEN FOR ROAD PURPOSES BY ORDER
VESTING TITLE ENTERED IN CASE NO. 15-ED-10, CIRCUIT COURT OF KENDALL
COUNTY, ILLINOIS, RECORDED OCTOBER 28, 2015 AS DOCUMENT NO. 201500016982.
Permanent Tax Index Number(s): 02-28-227-002; 02-27-101-003
Common Address: 825 East Veterans Parkway, 801 East Veterans Parkway, 813
East Veterans Parkway, and 837 East Veterans Parkway, Yorkville, Illinois 60560
The approximate location is the northwest corner of US Route 34 (East Veterans Parkway)
and East Countryside Parkway in Yorkville.
The general purpose of the formation of the Special Service Area 2025-01 is to provide special
governmental services serving the Special Service Area that may include:
(1) the cleaning and dredging of storm water detention and retention ponds and basins,
drainage swales and ditches; and
(2) the maintenance and care, including erosion control of the property surrounding such
detention and retention ponds and basins, drainage swales and ditches; and
(3) the maintenance, repair and replacement of storm sewers, drain tile, pipes and other
conduit, and appurtenant structures; and
(4) the administrative costs incurred by the City in connection with the above (collectively,
the “Services”) within the Special Service Area.
All interested persons, including all persons owing taxable real property located within Special
Service Number 2025-01 will be given an opportunity to be heard and file written objections
regarding the formation of and the boundaries of the Special Service Area and may object to the
formation of the area and the levy of taxes affecting said area.
It is proposed that to pay for such Services the City shall levy an annual tax not to exceed $1.10
for every $100.00 of equalized assessed value of the property in the Special Service Area to pay
the annual cost of providing such Services. The proposed amount of the tax levy for the initial
year for which taxes will be levied within the special service area will not exceed $1.10 for every
$100.00 of equalized assessed value. No City Special Service Area bonds will be issued.
At the hearing, all interested persons affected by the formation of such Special Service Area,
including all persons owning taxable real estate therein, will be given an opportunit y to be heard.
The hearing may be adjourned by the Mayor and City Council without notice other than a motion
to be entered upon the minutes of its meeting fixing the time and place of its adjournment.
If a petition signed by at least 51% of the electors residing within the Special Service Area and by
at least 51% of the owners of record of the land included within the boundaries of the Special
Service Area is filed with the City Clerk within sixty (60) days following the final adjournment of
the public hearing objecting to the creation of the Special Service Area or the levy of an annual
tax in the area, no such area may be created, or no such levy may be made within the next two
years.
Dated this 17th day of October 2025.
Jori Behland
City Clerk
The legal description is as follows:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 27, AND PART OF THE
NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF COUNTRYSIDE PARKWAY
PER PLAT OF DEDICATION DOCUMENT NO. 2000-00009655, WITH THE NORTHERLY
RIGHT OF WAY LINE OF U.S. ROUTE NO. 34 PER DOCUMENT NUMBERS 2002-00008973
AND 2002-00007755; THENCE SOUTH 12 DEGREES 50 MINUTES 13 SECONDS WEST,
ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID U.S. ROUTE NO. 34, 77.16 FEET;
THENCE SOUTH 55 DEGREES 12 MINUTES 38 SECONDS WEST, ALONG SAID
NORTHERLY RIGHT OF WAY LINE, 976.51 FEET; THENCE WESTERLY ALONG SAID
NORTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT WITH A
RADIUS OF 1390.00' AND A CHORD BEARING OF SOUTH 67 DEGREES 53 MINUTES 14
SECONDS WEST, AN ARC LENGTH OF 616.39 FEET; THENCE NORTH 67 DEGREES 09
MINUTES 38 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 97.31
FEET; THENCE SOUTH 85 DEGREES 58 MINUTES 01 SECONDS WEST, ALONG SAID
NORTHERLY RIGHT OF WAY LINE, 1.41 FEET TO THE EASTERLY RIGHT OF WAY LINE
OF MCHUGH ROAD PER PLAT OF DEDICATION DOCUMENT NO. 2000-00009655; THENCE
NORTH 04 DEGREES 07 MINUTES 38 SECONDS WEST, ALONG SAID EASTERLY RIGHT OF
WAY LINE, 183.64 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY
LINE, BEING ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 460.00 FEET AND A
CHORD BEARING OF NORTH 03 DEGREES 01 MINUTES 21 SECONDS EAST, AN ARC
LENGTH OF 114.80 FEET; THENCE NORTH 10 DEGREES 10 MINUTES 20 SECONDS EAST,
ALONG SAID EASTERLY RIGHT OF WAY LINE, 300.40 FEET; THENCE NORTHERLY
ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE LEFT
WITH A RADIUS OF 1040.00 FEET AND A CHORD BEARING OF NORTH 01 DEGREES 38
MINUTES 51 SECONDS EAST, AN ARC LENGTH OF 309.47 FEET; THENCE NORTH 06
DEGREES 52 MINUTES 38 SECONDS WEST, ALONG SAID EASTERLY RIGHT OF WAY
LINE, 250.39 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE,
BEING ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 460.00 FEET AND A CHORD
BEARING OF NORTH 01 DEGREES 24 MINUTES 19 SECONDS WEST, AN ARC LENGTH OF
87.86 FEET; THENCE NORTH 04 DEGREES 04 MINUTES 00 SECONDS EAST, ALONG SAID
EASTERLY RIGHT OF WAY LINE, 226.43 FEET; THENCE NORTHEASTERLY ALONG A
CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF
NORTH 49 DEGREES 04 MINUTES 00 SECONDS EAST, AN ARC LENGTH OF 39.27 FEET TO
A POINT ON SAID SOUTHERLY RIGHT OF WAY LINE OF COUNTRYSIDE PARKWAY;
THENCE SOUTH 85 DEGREES 56 MINUTES 00 SECONDS EAST, ALONG SAID SOUTHERLY
RIGHT OF WAY LINE, 338.21 FEET; THENCE SOUTHEASTERLY ALONG SAID
SOUTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT WITH A
RADIUS OF 1390.03 FEET AND CHORD BEARING OF SOUTH 60 DEGREES 21 MINUTES 36
SECONDS EAST, AN ARC LENGTH OF 1240.81 FEET TO A POINT DRAWN NORTH 34
DEGREES 47 MINUTES 13 SECONDS WEST, 54.08 FEET FROM THE POINT OF BEGINNING;
THENCE SOUTH 34 DEGREES 47 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY
RIGHT OF WAY LINE, 54.08 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL
COUNTY, ILLINOIS.
EXCEPTING THEREFROM: THAT PART TAKEN FOR ROAD PURPOSES BY ORDER
VESTING TITLE ENTERED IN CASE NO. 15-ED-10, CIRCUIT COURT OF KENDALL
COUNTY, ILLINOIS, RECORDED OCTOBER 28, 2015 AS DOCUMENT NO. 201500016982.
Notice of Hearing
United City of Yorkville, Illinois
Special Service Area Number 2025-01
Notice is Hereby Given that on November 10, 2025 at 7:00 p.m. at the United City of
Yorkville, City Hall, located at 651 Prairie Pointe Drive, Yorkville, Illinois 60560, a
hearing will be held by the United City of Yorkville (the “City”) to consider forming a
special service area to be called Special Service Area 2025-01 consisting of the following
described real property (the “Subject Property) legally described as:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 27, AND PART OF
THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY
LINE OF COUNTRYSIDE PARKWAY PER PLAT OF DEDICATION DOCUMENT
NO. 2000-00009655, WITH THE NORTHERLY RIGHT OF WAY LINE OF U.S.
ROUTE NO. 34 PER DOCUMENT NUMBERS 2002-00008973 AND 2002-00007755;
THENCE SOUTH 12 DEGREES 50 MINUTES 13 SECONDS WEST, ALONG THE
NORTHERLY RIGHT OF WAY LINE OF SAID U.S. ROUTE NO. 34, 77.16 FEET;
THENCE SOUTH 55 DEGREES 12 MINUTES 38 SECONDS WEST, ALONG SAID
NORTHERLY RIGHT OF WAY LINE, 976.51 FEET; THENCE WESTERLY ALONG
SAID NORTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE
RIGHT WITH A RADIUS OF 1390.00' AND A CHORD BEARING OF SOUTH 67
DEGREES 53 MINUTES 14 SECONDS WEST, AN ARC LENGTH OF 616.39 FEET;
THENCE NORTH 67 DEGREES 09 MINUTES 38 SECONDS WEST, ALONG SAID
NORTHERLY RIGHT OF WAY LINE, 97.31 FEET; THENCE SOUTH 85 DEGREES
58 MINUTES 01 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY
LINE, 1.41 FEET TO THE EASTERLY RIGHT OF WAY LINE OF MCHUGH ROAD
PER PLAT OF DEDICATION DOCUMENT NO. 2000-00009655; THENCE NORTH
04 DEGREES 07 MINUTES 38 SECONDS WEST, ALONG SAID EASTERLY RIGHT
OF WAY LINE, 183.64 FEET; THENCE NORTHERLY ALONG SAID EASTERLY
RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT WITH A
RADIUS OF 460.00 FEET AND A CHORD BEARING OF NORTH 03 DEGREES 01
MINUTES 21 SECONDS EAST, AN ARC LENGTH OF 114.80 FEET; THENCE
NORTH 10 DEGREES 10 MINUTES 20 SECONDS EAST, ALONG SAID
EASTERLY RIGHT OF WAY LINE, 300.40 FEET; THENCE NORTHERLY ALONG
SAID EASTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE
LEFT WITH A RADIUS OF 1040.00 FEET AND A CHORD BEARING OF NORTH
01 DEGREES 38 MINUTES 51 SECONDS EAST, AN ARC LENGTH OF 309.47
FEET; THENCE NORTH 06 DEGREES 52 MINUTES 38 SECONDS WEST, ALONG
SAID EASTERLY RIGHT OF WAY LINE, 250.39 FEET; THENCE NORTHERLY
ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO
THE RIGHT WITH A RADIUS OF 460.00 FEET AND A CHORD BEARING OF
NORTH 01 DEGREES 24 MINUTES 19 SECONDS WEST, AN ARC LENGTH OF
87.86 FEET; THENCE NORTH 04 DEGREES 04 MINUTES 00 SECONDS EAST,
ALONG SAID EASTERLY RIGHT OF WAY LINE, 226.43 FEET; THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 25.00
FEET AND A CHORD BEARING OF NORTH 49 DEGREES 04 MINUTES 00
SECONDS EAST, AN ARC LENGTH OF 39.27 FEET TO A POINT ON SAID
SOUTHERLY RIGHT OF WAY LINE OF COUNTRYSIDE PARKWAY; THENCE
SOUTH 85 DEGREES 56 MINUTES 00 SECONDS EAST, ALONG SAID
SOUTHERLY RIGHT OF WAY LINE, 338.21 FEET; THENCE SOUTHEASTERLY
ALONG SAID SOUTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO
THE RIGHT WITH A RADIUS OF 1390.03 FEET AND CHORD BEARING OF
SOUTH 60 DEGREES 21 MINUTES 36 SECONDS EAST, AN ARC LENGTH OF
1240.81 FEET TO A POINT DRAWN NORTH 34 DEGREES 47 MINUTES 13
SECONDS WEST, 54.08 FEET FROM THE POINT OF BEGINNING; THENCE
SOUTH 34 DEGREES 47 MINUTES 13 SECONDS EAST ALONG SAID
SOUTHERLY RIGHT OF WAY LINE, 54.08 FEET TO THE POINT OF BEGINNING,
ALL IN KENDALL COUNTY, ILLINOIS.
EXCEPTING THEREFROM: THAT PART TAKEN FOR ROAD PURPOSES BY
ORDER VESTING TITLE ENTERED IN CASE NO. 15-ED-10, CIRCUIT COURT OF
KENDALL COUNTY, ILLINOIS, RECORDED OCTOBER 28, 2015 AS DOCUMENT
NO. 201500016982.
Permanent Tax Index Number(s): 02-28-227-002; 02-27-101-003
Common Address: 825 East Veterans Parkway, 801 East Veterans
Parkway, 813 East Veterans Parkway, and 837 East Veterans Parkway,
Yorkville, Illinois 60560
The approximate location is the northwest corner of US Route 34 (East Veterans
Parkway) and East Countryside Parkway in Yorkville.
The general purpose of the formation of the Special Service Area 2025-01 is to provide
special governmental services serving the Special Service Area that may include:
(1) the cleaning and dredging of storm water detention and retention ponds and
basins, drainage swales and ditches; and
(2) the maintenance and care, including erosion control of the property
surrounding such detention and retention ponds and basins, drainage swales
and ditches; and
(3) the maintenance, repair and replacement of storm sewers, drain tile, pipes and
other conduit, and appurtenant structures; and
(4) the administrative costs incurred by the City in connection with the above
(collectively, the “Services”) within the Special Service Area.
All interested persons, including all persons owing taxable real property located within
Special Service Number 2025-01 will be given an opportunity to be heard and file written
objections regarding the formation of and the boundaries of the Special Service Area and
may object to the formation of the area and the levy of taxes affecting said area.
It is proposed that to pay for such Services the City shall levy an annual tax not to exceed
$1.10 for every $100.00 of equalized assessed value of the property in the Special Service
Area to pay the annual cost of providing such Services. The proposed amount of the tax
levy for the initial year for which taxes will be levied within the special service area will
not exceed $1.10 for every $100.00 of equalized assessed value. No City Special Service
Area bonds will be issued.
At the hearing, all interested persons affected by the formation of such Special Service
Area, including all persons owning taxable real estate therein, will be given an
opportunity to be heard. The hearing may be adjourned by the Mayor and City Council
without notice other than a motion to be entered upon the minutes of its meeting fixing
the time and place of its adjournment.
If a petition signed by at least 51% of the electors residing within the Special Service
Area and by at least 51% of the owners of record of the land included within the
boundaries of the Special Service Area is filed with the City Clerk within sixty (60) days
following the final adjournment of the public hearing objecting to the creation of the
Special Service Area or the levy of an annual tax in the area, no such area may be
created, or no such levy may be made within the next two years.
Dated this 17th day of October 2025.
Jori Behland
City Clerk
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
Mayor’s Report #3
Tracking Number
CC 2025-08
Public Works and Parks Department Facility – Amendment to PSA with Kluber, Inc.
City Council – January 13, 2026
Majority
Approval
Please see the attached memo.
Bart Olson Administration
Name Department
Summary
Consideration of an amendment to the AIA professional services agreement with Kluber,
Inc for the PW and Parks Facility, regarding commissioning services.
Background
This item was last discussed by the City Council in early 2024, when the City approved a
AIA professional services agreement with Kluber, Inc to serve as the City’s architect for the PW
and Parks Facility. Within that agreement, Kluber had allocated $25,000 for a commissioning
agent for the building. Commissioning agents will review all operational components of the
building to make sure things like HVAC, electrical, plumbing, and control systems are working
as intended. After discussing the anticipated commissioning of the building with Kluber
(architects) and RC Wegman (construction manager), we have chosen to have RC Wegman’s
agent to complete the commissioning (at a similar price as what Kluber has proposed). As a
result, we need to amend the Kluber contract to reduce the value by $25,000 due to the removal
of the commissioning agent’s services from Kluber’s scope.
Recommendation
Staff recommends approval of the amended professional services agreement with Kluber.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: January 8, 2026
Subject: Kluber – PW and Parks Facility contract amendment
Resolution No. 2026-____
Page 1
Resolution No. 2026-_____
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS APPROVING AN AMENDMENT TO A PROFESSIONAL
SERVICES AGREEMENT WITH KLUBER, INC. FOR THE DESIGN
OF A PUBLIC WORKS FACILITY
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non-home rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of this State; and,
WHEREAS, the City has acquired certain property commonly known as Lot 4 of the
Yorkville Business Center on Boombah Boulevard for the purpose of constructing an 87,000
square foot public works facility (the “PW Facility”); and
WHEREAS, to design the PW Facility, the City entered into the AIA Document B133-
2019, a standard form of Agreement between the Kluber, Inc. of Aurora, Illinois (the “Architect”)
and City (the “Agreement”); and
WHEREAS, section 11.2 of the Agreement contemplated a $25,000 allowance for the
Architect to handle Commissioning Services; and
WHEREAS, Commissioning Services for the PW Facility are included in a construction
contract with RC Wegman, and shall not be handled by the Architect, thereby requiring an
amendment to the Agreement to remove the $25,000 Commissioning Services Allowance, as set
forth in the AIA Document G802-2017, amendment to the Professional Services Agreement
attached hereto; and
WHEREAS, the Mayor and City Council have reviewed the required compensation
adjustment and find it to be reasonable and should be approved as the Commissioning Services
will no longer be handled by the Architect, all as hereinafter provided.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the AIA Document, being a standard form of Amendment to the
Professional Services Agreement, by and between the United City of Yorkville and Kluber, Inc.
Resolution No. 2026-____
Page 2
attached hereto and made a part hereof by this reference is hereby approved and the Mayor is
hereby authorized to execute said Agreement on behalf of the United City of Yorkville.
Section 2. That this Resolution shall be in full force and effect upon its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
____ day of __________________, A.D. 2026.
______________________________
CITY CLERK
KEN KOCH _________ DAN TRANSIER _________
ARDEN JOE PLOCHER _________ CRAIG SOLING _________
CHRIS FUNKHOUSER _________ MATT MAREK _________
RUSTY CORNEILS _________ RUSTY HYETT _________
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this ____ day of __________________, A.D. 2026.
______________________________
MAYOR
Attest:
______________________________
CITY CLERK
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Agenda Item Summary Memo
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Council Action Previously Taken:
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Agenda Item Notes:
If new information is available at the time of the meeting, then a discussion will be held.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
Mayor’s Report #4
Tracking Number
CC 2025-09
Lake Michigan Water Project Update
City Council – January 13, 2026
None
Informational
Bart Olson Administration
Name Department