CITY OF LOCKPORT CITY COUNCIL MEETING AGENDA. WEDNESDAY, DECEMBER 17, 2014 a. PLEDGE OF ALLEGIANCE:

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1 CITY OF LOCKPORT CITY COUNCIL MEETING AGENDA WEDNESDAY, DECEMBER 17, 2014 a. PLEDGE OF ALLEGIANCE: 7:30 P.M. b. ROLL CALL: c. INTRODUCTION: d. AGENDA PARTICIPATION: (Any person who wishes to speak on a topic that is on the Agenda of the Meeting shall fill out a Speaker Card before the start of the Meeting, either at the City Clerk s Office, or may give to the City Clerk before the start of the Meeting itself, stating name, address, and topic on the Agenda to be discussed. Speaker Cards are required for each of the items the Speaker wishes to address. The purpose of the Cards is to obtain the spelling of name of the Speaker, contact information, and provide for efficient meeting administration. All Speakers shall comply with these rules, which shall be posted at the Speaker Sign-In desk and rulings of the City Clerk. Speakers shall be called by name to approach the podium by the City Clerk. A time limit of five (5) minutes shall be imposed on each Speaker.) e. CONSENT AGENDA: 1. Regular City Council Meeting Minutes of December 3, 2014: Motion to approve the December 3, 2014 Regular City Council Meeting Minutes as presented. 2. Committee of the Whole Meeting Minutes of December 3, 2014: Motion to approve the December 3, 2014 Committee of the Whole Meeting Minutes as presented. 3. Payroll Period ending December 7, 2014: Motion to approve the Payroll Period ending December 7, 2014 as presented. 4. Approval of Bills: Motion to approve the Various Bills as presented. f. APPROVAL OF MEETING MINUTES: (If not approved as a Consent Agenda Item) g. APPROVAL OF PAYROLL: (If not approved as a Consent Agenda item) h. MAYOR S REPORT: i. CITY CLERK S REPORT: 1. January 2015 Monthly CC-1 Action: Motion to approve the January Meeting Calendar 2015 Monthly Meeting Calendar as presented. 2. Executive Session Minutes CC-2 December 3, 2014 Action: Motion to approve the December 3, 2014 Executive Session Minutes as presented. 1

2 j. STAFF REPORT: 1. CITY ADMINISTRATOR: 1. Central Square Budget CA-1 Resolution No Action: Motion to pass Resolution No /A Resolution approving the proposed Central Square Budget for B. Benson Memo 12/9/14 CA-2 Resolution/Ordinance for Intergovernmental Agreement participation and acceptance of Joint Application for a new Des Plaines River Valley Enterprise Zone. Action: Motion to pass Ordinance No / An Ordinance for the establishment of an Enterprise Zone subject to the Enterprise Zone Act of the State of Illinois. Action: Motion to pass Ordinance No /An Ordinance authorizing the Mayor to execute an Intergovernmental Agreement between the City of Joliet, City of Lockport, Village of Rockdale, Village of Romeoville, and the County of Will regarding the Des Plaines River Valley Enterprise Zone. 3. Executive Session Request CA-3 Personnel 2(c)1 2. ADMINISTRATIVE ASSISTANT: 3. FINANCE DIRECTOR: 1. L. Heglund Memo 12/9/14 FD Property Tax Levy/Ordinance No Action: Motion to pass Ordinance No /An Ordinance for the levying and assessing of taxes for the City of Lockport for the Fiscal Year of said City commencing January 1, 2015 and ending December 31, L. Heglund Memo 12/8/14 FD-2 Resolution for Investment with MB Financial Bank. Action: Motion to approve the Resolution. 4. POLICE CHIEF: 2

3 5. CITY ATTORNEY: 6. DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT: 1. P. Hirth Memo 10/10/14 CDD-1 Ordinance No Action: Motion to pass Ordinance No /An Ordinance amending Chapter 30.04(A) entitled City Council Workshop Meeting and by deleting Chapter (C) entitled Shop Local Business Spotlight in its entirety of the Lockport Municipal Code. 7. DIRECTOR OF ENGINEERING: 1. A. Wagner/R. Caneva Memo CE-1 IL 7/Thornton Street Intersection 12/4/14 Improvement Project Recommendation for approval of Pay Estimate #3 Action: Motion to verbally approve the Pay Estimate #3 in the amount of $986, to D Construction. 8. DIRECTOR OF PUBLIC WORKS: k. PERMANENT COMMITTEES; 1. PLAN & ZONING COMMISSION: 2. HERITAGE AND ARCHITECTURE: l. NEW BUSINESS MISCELLANEOUS m. OPEN FLOOR FOR COMMENTS (Comments will be heard on items that do not appear on the Agenda. The Public Comment portion of the Agenda shall be subject to a twenty (20) minutes limitation. A time limit of five (5) minutes shall be imposed on each Speaker. The purpose of having Public Comments as an Agenda Item is to allow any person to make his/her views known to the City Council upon any subject of general or public interest. The Council recognizes that Public Comments are for the purpose of legitimate inquiries and discussion by the Public, and not for the purpose of advancing arguments or repetitious questions concerning matters which the Council believes to be closed or not of general public concern. The Council shall have the right during this period to decline to hear any person or subject matter upon proper motion and majority vote by the Council. 3

4 Each person wishing to speak during the Public Comment portion of the Agenda must fill out a Public Comment Speaker Card stating name, and the topic about which he/she wishes to speak as well as a sign-in sheet, and give to the City Clerk at the Meeting itself. The purpose of the Cards is to obtain the spelling of the name of the Speaker, contact information, and provide for efficient meeting administration. The order of speaking shall be based upon the order of sign-in with first person signing-in speaking first and so forth. If the twenty (20) minutes has elapsed before all Speakers who have signed up are allowed to speak, the City Council may elect to continue the time period. However, if the City Council elects not to extend the time period those Speakers who signed up but did not speak may if they so choose to be placed on the next Agenda under the Public Comments Section and shall be placed at the top of the Sign-In Sheet in the same order they were in from the previous Sign-In Sheet. All Speakers shall comply with these rules which shall be posted at the Speaker Sign-In desk and rulings of the City Clerk. ) n. ADJOURNMENT OPEN MEETINGS EXEMPTIONS 2(c)(1) - 2(c)(2)- 2(c)(3)- 2(c)(5)- 2(c)(6)- 2(c)(11)- 2(c)(21)- Appointments, Employment, Compensation, Discipline, Performance, or Dismissal of specific Employees. Collective Bargaining Matters. Selection of a person to fill a Public Office, including a vacancy in a Public Office. Purchase or Lease of real property, including meetings held for the purpose of discussing whether a particular parcel should be acquired. The setting of a price for Sale or Lease of property owned by the public body. 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. Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semiannual review of the minutes as mandated by Section

5 e.1. CC December 3, 2014 The City Council Meeting was held on Wednesday, December 3, 2014, in the Board Room, 3 rd Floor, of the Central Square Building. Mayor Streit called the Meeting to order at 7:17 p.m. COUNCIL MEMBERS PRESENT: CAPADONA, COLARELLI, SMITH TURNER, DESKIN, VANDERMEER, MARYNOWSKI, PERRETTA COUNCIL MEMBERS ABSENT: ALSO PRESENT: MAYOR STEVEN STREIT A. MATTEUCCI, CITY CLERK R. CANEVA, CITY ATTORNEY B. BENSON, CITY ADMINISTRATOR L. HEGLUND, FINANCE DIRECTOR T. LEMMING, POLICE CHIEF A. WAGNER, DIRECTOR OF ENGINEERING P. HIRTH, DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT J. LINEHAN, ADMINISTRATIVE INTERN PRESS PRESENT Dennis Jacobs, Reporter for the Lockport Legend Newspaper, Frank Vasvilas, Reporter for the Southtown Star, Felix Sarver, Reporter for the Herald News, Cathy Wilker, Volunteer for LCTV, were present to cover the Meeting. CONSENT AGENDA MOTION BY TURNER, SECOND BY PERRETTA TO HAVE A CONSENT AGENDA. ALL VOTED AYE MOTION CARRIED APPROVAL OF CONSENT AGENDA MOTION BY SMITH, SECOND BY VANDERMEER TO APPROVE THE CONSENT AGENDA AS PRESENTED. 1. Regular City Council Meeting Minutes of November 19, 2014: Motion to approve the November 19, 2014 Regular City Council Meeting Minutes as presented. 1

6 CC December 3, Committee of the Whole Meeting Minutes of November 19, 2014: Motion to approve the November 19, 2014 Committee of the Whole Meeting Minutes as presented. 3. Payroll Period ending November 23, 2014: Motion to approve the Payroll Period ending November 23, 2014 as presented. 4. Approval of Bills: Motion to approve the Various Bills as presented. 5. Worker s Compensation Insurance Renewal/Resolution No : Motion to pass Resolution No /A Resolution accepting the proposals for the City s Worker s Compensation Insurance Policy for IL 7/ITEP Sidewalk Project Selection of Consultant (Inspection)/Resolution No : Motion to pass Resolution No /A Resolution authorizing the City Administrator to enter into an Agreement with James J. Benes & Associates, Inc. for a not-to-exceed cost of $97, (including $ for testing services) to complete Phase 3 Engineering Services for the IL 7 ITEP Sidewalk Project. ALL VOTED AYE MOTION CARRIED PRESENTATION BY SIKICH LLP FISCAL YEAR 2014 AUDIT FINANCIAL STATEMENTS Jim Savio, Partner with Sikich LLP presented a few highlights of the Comprehensive Annual Financial Report for the City of Lockport for the Fiscal Year ending June 30, MOTION BY VANDERMEER, SECOND BY COLARELLI TO APPROVE THE FISCAL YEAR 2014 AUDIT. ROLL CALL VOTE ON THE MOTION: PERRETTA, MARYNOWSKI, VANDERMEER, DESKIN, TURNER, SMITH, COLARELLI, CAPADONA AYES 0 NAY 0 ABSENT 8 AYES 0 NAY 0 ABSENT MOTION CARRIED CIVIL ENGINEERING SERVICES/HAMILTON STREET PARKING LOT RECONSTRUCTION Administrator Benson provided his Memo dated November 6, The Hamilton Street Parking lot renovation has been showcased as a priority for the City of Lockport, highlighted in the Forecast Plan as well as being included in the Capital Improvement Plans for

7 CC December 3, 2014 The City has also allocated appropriate funds in the 2015 budget plan for renovation, re-grading, construction, pedestrian improvements and possible relocation of utilities of the parking lot of $950,000.00, the current project estimate is $930, The City Staff has met and communicated with all the property owners involved and have received enough positive feedback and consent to proceed to the next phase in the plans. While City Staff acquire the necessary property easement rights, now afforded to us from the public meeting on the project, Civil Engineering needs to be completed to actually design and produce construction documents for the reconstruction of the Hamilton Street parking lot. Some questions still remain, but the pre-construction process needs to continue in order to resolve those concerns and get final authorizations from property owners in order to commence construction in V3 has been involved with the City of Lockport on several recent initiatives including the Phase 1 process of conceptual designs on the lot as well as current efforts ongoing with IDOT to establish an alternative plan for turn lanes on State Street. The scope of work has been updated to include preparation of construction documents, utility coordination, permits, plats of easement, and administration/quality assurance activities for a total of $72, The Administration recommends that the Council authorize the City Administrator to enter into a professional services agreement with V3 for the Civic Engineering services outlined in the proposal for a cost not to exceed $58, along with $13, for title commitments. The City of Lockport Engineering Staff will handle the actual construction administration and the optional excluded services in proposal will not be needed. ($75,000 was budgeted in CIP). MOTION BY DESKIN, SECOND BY CAPADONA TO AUTHORIZE THE CITY ADMINISTRATOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH V3 FOR THE CIVIC ENGINEERING SERVICES OUTLINED IN THE PROPOSAL FOR A COST NOT-TO-EXCEED $58, ALONG WITH $13, FOR TITLE COMMITMENTS. ROLL CALL VOTE ON THE MOTION: PERRETTA, MARYNOWSKI, VANDERMEER, DESKIN, TURNER, SMITH, COLARELLI, CAPADONA AYES 0 NAY 0 ABSENT 8 AYES 0 NAY 0 ABSENT MOTION CARRIED 3

8 CC December 3, 2014 Administrator Benson mentioned the Central Square Budget will be on the December 17 th, 2014 City Council Agenda. The City s portion for 2015 is $80, the same as last year. FISCAL YEAR 2015 BUDGET/ORDINANCE NO MOTION BY VANDERMEER, SECOND BY DESKIN TO PASS ORDINANCE NO /AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF LOCKPORT FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, ROLL CALL VOTE ON THE MOTION: PERRETTA, VANDERMEER, DESKIN, SMITH, COLARELLI, CAPADONA AYES 2 NAYS MARYNOWSKI, TURNER 0 ABSENT 6 AYES 2 NAYS 0 ABSENT MOTION CARRIED INTERGOVERNMENTAL AGREEMENT BETWEEN WILL COUNTY EMERGENCY TELEPHONE SYSTEM BOARD AND THE CITY OF LOCKPORT/RESOLUTION NO MOTION BY TURNER, SECOND BY COLARELLI TO PASS RESOLUTION NO /A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE WILL COUNTY EMERGENCY TELEPHONE SYSTEM BOARD AND THE CITY OF LOCKPORT. ROLL CALL VOTE ON THE MOTION: PERRETTA, MARYNOWSKI, VANDERMEER, DESKIN, TURNER, SMITH, COLARELLI, CAPADONA AYES 0 NAY 0 ABSENT 8 AYES 0 NAY 0 ABSENT MOTION CARRIED 2015 MISCELLANEOUS GEOTECHNICAL RECOMMENDATION FOR SELECTION OF CONSULTANT/RESOLUTION NO Director of Engineering, Amy Wagner presented her Memo dated November 19,

9 CC December 3, 2014 The City has many projects in design for construction planned for Geotechnical reports in the form of core samples, boring logs, and environmental testing for Clean Construction & Demolition Debris (CCDD) requirements, are needed for multiple projects. Generally we would authorize the Contracts separately for each project, eliminating the need for Council action. However, lumping them into one Contract gets us slightly better pricing, and we have a lot of projects underway that need this type of testing for the Design Phase. The core samples and borings should be completed before the hard freeze, and we would really like to be able to get the majority of this work paid for in the 2014 Stub Budget. We recommend that the City enter into an Agreement with Seeco Consultants for the Geotechnical Engineering Services in the amount of $73, MOTION BY DESKIN, SECOND BY MARYNOWSKI TO PASS RESOLUTION NO /A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH SEECO CONSULTANTS FOR THE GEOTECHNICAL ENGINEERING SERVICES IN THE AMOUNT OF $73, ROLL CALL VOTE ON THE MOTION: PERRETTA, MARYNOWSKI, VANDERMEER, DESKIN, TURNER, SMITH, COLARELLI, CAPADONA AYES 0 NAY 0 ABSENT 8 AYES 0 NAY 0 ABSENT MOTION CARRIED NEW BUSINESS Alderman Colarelli requested that if Council Members have questions for Staff, to please ask them prior to the Meetings so that Staff can come to the Meetings prepared with their answers. RECESS MOTION BY COLARELLI, SECOND BY CAPADONA TO RECESS THE REGULAR CITY COUNCIL MEETING AT 7:51 P.M. TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF 2(C)1 PERSONNEL, 2-2(C)5 PROPERTY ACQUISITION. ALL VOTED AYE MOTION CARRIED 5

10 CC December 3, 2014 BACK ON RECORD MOTION BY PERRETTA, SECOND BY VANDERMEER TO COME OUT OF EXECUTIVE SESSION AND BACK ON THE RECORD AT 8:25 P.M. ALL VOTED AYE MOTION CARRIED ACTION OUT OF EXECUTIVE SESSION MOTION BY DESKIN, SECOND BY CAPADONA TO CONSENT TO THE APPOINTMENT OF TOM THANAS AS THE CITY ATTORNEY FOR THE CITY OF LOCKPORT AS OF JANUARY 5, ALL VOTED AYE MOTION CARRIED ADJOURNMENT MOTION BY PERRETTA, SECOND BY MARYNOWSKI TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:27 P.M. ALL VOTED AYE MOTION CARRIED Respectfully submitted by recording the minutes off the DVD, Donna Tadey, Administrative/Deputy Clerk 6

11 e.2. COTW December 3, 2014 The Committee of the Whole Meeting was held on Wednesday, December 3, 2014, in the Board Room, 3 rd Floor, of the Central Square Building. Mayor Streit called the Meeting to order at 7:05 p.m. and led the Council in the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: CAPADONA, COLARELLI, SMITH TURNER, DESKIN, VANDERMEER, MARYNOWSKI, PERRETTA COUNCIL MEMBERS ABSENT: ALSO PRESENT: MAYOR STEVEN STREIT A. MATTEUCCI, CITY CLERK R. CANEVA, CITY ATTORNEY B. BENSON, CITY ADMINISTRATOR L. HEGLUND, FINANCE DIRECTOR T. LEMMING, POLICE CHIEF A. WAGNER, DIRECTOR OF ENGINEERING J. LINEHAN, ADMINISTRATIVE INTERN PRESS PRESENT Dennis Jacobs, Reporter for the Lockport Legend Newspaper, Frank Vasvilas, Reporter for the Southtown Star, Felix Sarver, Reporter for the Herald News, Cathy Wilker, Volunteer for LCTV, were present to cover the Meeting. RECOGNITION Mayor Streit recognized and thanked Pastor Brian Hunt from Parkview Christian Church who is the City of Lockport s Police Chaplin, and Pastor Steve Bednarcik from Legacy Vineyard Church who is also the City of Lockport s Police Chaplin. Mayor introduce Mike Fricilou (Clerk not sure of the spelling of last name) who is a Will County Board Member from District 7. Mr. Fricilou addressed the Council and updated the Council on what has been going on in the County. He also discussed their plans on the new Will County Court House. Mike welcomed the City to contact any County Board Member with any questions they may have. 1

12 COTW December 3, 2014 IN MEMORY Alderman Smith recognized Wally Swanson who was an Auxiliary Police Officer with the City of Lockport for his service to the Community and for all that he did for the City. Alderman Smith said Wally never refused a call out. He was always available to work whenever he was asked. He was always willing to do whatever it was that needed to be done. When the weather was bad, he was at the intersections patrolling, Wally was always there. He passed away in late October, and Alderman Smith wanted to recognize Wally and expressed his appreciation for all that Wally did. Alderman Colarelli recognized Bill Wilker. Alderman Colarelli said Bill and I worked together when he was the first Community Service Officer for the City of Lockport. We shared an Office together in the Police Department. He was the type of guy whenever you met him you wanted to hug him. He was a very approachable and loving man. He had a great laugh. We shared a lot of laughs together and we talked a lot about life in our years together in that Office. Even after he left the Police Department, this is a guy who gave and gave and gave up until his last days, and even after he left the Police Department he would still come back and be a regular presence there and would bring candy to all the ladies in the Office and talk about things that were happening in the City. He was a great Representative and Ambassador for the City of Lockport for the years that he was with us. He has left his mark. There is a Street in Lockport named after his family, Wilker Drive, and Neuberry Ridge Subdivision was built on farmland that belonged to his family. He will be in our hearts forever and certainly here, he will be a legacy for the City of Lockport for many, many years to come. ADJOURNMENT MOTION BY COLARELLI, SECOND BY TURNER TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 7:17 P.M. ALL VOTED AYE MOTION CARRIED Respectfully submitted by recording the minutes off the DVD, Donna Tadey, Administrative/Deputy Clerk 2

13 e.4. To: City Council From: Lisa Heglund RE: Various Bills Date: December 8, 2014 Below is a list of some of the invoices that are in your packet. I have included some additional information to further explain the expense. 1. Benjamin Entwisle Jr Trust $3,245 (Capital Outlay-Sewer) Reimbursement for title policy and survey on property to be used for Highland Lift Station 2. Greenway Motors $54,918 (Police Federal Seizure Funds & Capital Outlay Police) Purchase of Ford Explorer squad cars $27,459 each 3. Lisa Heglund $ & Maggie Hickey $ (Administration) Due to Harris Bank canceling City s credit cards, these employees allowed City to use personal credit card to make purchase for City Hall and Community and Economic Development employee uniform purchases 4. American Public Works Assoc. $1,792 (Engineering Dept.) Study guides and instructional DVS s for certification on: Construction Inspection, Public Infrastructure Inspection, and Storm Water Management 5. Baxter & Woodman, Inc. $15, (Capital Outlay Streets) Engineering services for following projects: a. Phase I engineering services related to 2 nd St Bridge replacement b. Preliminary Engineering study for 17 th & Madison Storm sewer design c. Preliminary Engineering research for flows related to Broken Arrow project 6. Cellebrite USA, Inc. $3, (Police Federal Seizure Funds) Annual renewal of software used by Police Dept. 7. Chemical Pump Sales Inc. $3,550 (Water Dept.) Emergency replacement of Omni Valve at Well 7/13 Cedar/Division 8. D Construction Inc. $807, (Capital Outlay Street Dept.) - Pay request #3 for IL 7/Thornton St improvement project 9. HR Green Inc. $21, (Capital Outlay Street Dept.) Design Engineering expense for following projects: a. 7 th & Washington St reconstruction project b. 4 th St reconstruction project 10. Kane, McKenna & Assoc. $1,825 (TIF) Consulting expense regarding Redevelopment Agreement on Dreams Building 11. Leads Online Inc $2,238 (Police Dept.) Annual renewal for Leads online service package 12. PT Ferro Construction $454, (Capital Outlay Streets & Water Dept.) Pay request #3 for 10 th & Jefferson St reconstruction project 13. Pipevision Products Inc. $18,000 (Capital Outlay Sewer Dept.) Installation of 6 T Liners for various locations on Cleveland St 14. Robinson Engineering $18,126 (Capital Outlay Street Dept.) Construction observation expense for IL7/Thornton St Improvements 15. Sikich LLP $25,500 (Administration) Progress billing on 6/30/14 Audit 16. Strada Construction Co $6, (Capital Outlay Street Dept.) Final payout for 2014 sidewalk project

14 17. Strand Assoc. $84, (Capital Outlay Water/Sewer & Street Dept.) Engineering expense for following projects: a. Archer Ave b. Garfield St Phase III observation c. Highlands Lift Station design d. Well 14 site study e. Pretreatment Program Development design f. Well 9 Iron Filtration Facility Addition design g. Bonnie Brae Phosphorus Removal bidding & construction 18. State of Illinois Treasurer IDOT $27, (MFT) Construction expense for Division St Bridge City share 20%/Federal Share 80% 19. TRIA Architecture $24,150 (Capital Outlay Water & Street Dept.) Architecture design expense for following projects: a. City Hall front office security renovation b. Well 9 building addition for Iron Filtration 20. V3 Companies $8, (Capital Outlay Streets) Engineering expense for following projects: a. Hamilton St parking lot design b. 9 th & State St IDOT safety improvements 21. Village of Lemont $2,000 (Administration) Membership renewal agreement for ODOR Alert Network 22. Willett, Hofman & Assoc $10, (Engineering Dept.) 2014 Bridge Inspection expense & work on overweight limit schedules and permitting procedures 23. Xylem Dewatering Solutions Inc. $1,413 (Sewer Dept.) Rental of 6 pump for heavy rainfall on 11/23/ Heritage Corridor $4,000 (Administration) Ad for visitor s guide

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50 City Council Agenda Memorandum Item # CA-1 To: From: Subject: Mayor & City Council Jodi Herman Central Square Budget Date: December 2, 2014 BACKGROUND/HISTORY Attached is the final draft of the proposed budget for Central Square. As you can see, the amount each entity is asked to pay as an annual assessment is the same as last year s budget ($80,000). This amount has already been included in the city s 2015 budget request. PROS/CONS/ALTERNATIVES (IF APPLICABLE) RECOMMENDATION Requesting to approve the proposed Central Square Budget and authorize the City s contribution of $80,000, as already budgeted. ATTACHMENTS (IF APPLICABLE) Proposed Central Square Budget Resolution SPECIFIC CITY COUNCIL ACTION REQUIRED A. Motion to approve the Resolution to adopt the Central Square Budget and authorize the City s contribution of $80,000.

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54 RESOLUTION A RESOLUTION APPROVING THE PROPOSED CENTRAL SQUARE BUDGET FOR NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF LOCKPORT, WILL COUNTY, ILLINOIS that: Section 1: Section 2: The City of Lockport will approve the proposed Central Square Budget and authorize the City s contribution of $80,000. Effective Date: This Resolution shall become effective upon passage, approval and publication, in Book and Pamphlet form as provided by law. PASSED THIS DAY OF, 2011, with: ALDERMEN voting aye ALDERMEN voting nay ALDERMEN absent ALDERMEN abstaining the MAYOR voting aye voting nay not voting COLARELLI CAPADONA TURNER SMITH DESKIN VANDERMEER MARYNOWSKI PERRETTA MAYOR Steven Streit, Mayor ATTEST: Alice Matteucci, City Clerk

55 CITY COUNCIL Agenda Memorandum Item # CA-2 To: From: Subject: Mayor & City Council Ben Benson, City Administrator A Resolution, Ordinance and Intergovernmental Agreement Authorizing Participation and Acceptance of the Joint Application for a new Des Plaines River Valley Enterprise Zone Date: December 9, 2014 BACKGROUND/HISTORY Since 1983, the Des Plaines River Valley Enterprise Zone has been an effective economic development incentive as part of Illinois economic development strategy. There are 97 zones across the state. The initial enterprise zone legislation established zones for a 20-year period. In 2003, the Legislature approved the program for another 10 years. All zones that expired between 2013 and 2016 were eligible to receive an extension until July 1, The members of the Des Plaines River Valley Enterprise Zone (Joliet, Lockport, Rockdale, Romeoville and Will County) approved the 3-year extension in June After nearly three years of discussion and negotiation, the Illinois General Assembly passed the Enterprise Zone extension legislation (SB 3616) in June Governor Pat Quinn signed it in August 2012 as Public Act The legislation allows for new enterprise zones to be approved for up to 25 years in increments of 15 years and an additional 10 years. The Departments of Commerce and Economic Opportunity (DCEO) and Revenue (DOR) and the Illinois Enterprise Zone Association (IEZA) developed new zone operating procedures, rules and a revised application processes. To qualify, applications are due by December 30 th, 2014 and a decision will be announced by September, Each individual unit of government must adopt an Intergovernmental Agreement and a Designating Zone Ordinance which includes local incentives, sets the zone termination date and creates a zone administrator. The original joint group of Joliet, Lockport, Rockdale, Romeoville and Will County held a hearing on Monday December 8, 2014 and the meeting was published in the Joliet Herald News on Sunday November 20, The group agreed to extend the current arrangement between the organizations and submit the existing boundaries as an application to extend another 15 years from January 1, 2016 through December 31, 2030.

56 RECOMMENDATION The Des Plaines Enterprise Zone is a great tool for Economic Development. Typically it is used in an either or situation with our current TIF, which also has approximately 16 years left open to overlay these extension dates. The incentives allow for Sales Tax Exemptions, Utility Tax Exemptions and certain deductions on taxable income for the petitioning business. The Administration recommends that the City Council adopt the Resolution, Ordinance and Intergovernmental Agreement authorizing participation and acceptance of the joint application for a new Des Plaines River Valley Enterprise Zone. ATTACHMENTS (IF APPLICABLE) Map of Enterprise Zone as currently adopted, to be re-affirmed in the new application SPECIFIC CITY COUNCIL ACTION REQUIRED A. Motion to approve resolution, ordinances and the intergovernmental Agreement.

57 ORDINANCE NUMBER AN ORDINANCE FOR THE ESTABLISHMENT OF AN ENTERPRISE ZONE SUBJECT TO THE ENTERPRISE ZONE ACT OF THE STATE OF ILLINOIS. WHEREAS, the State of Illinois Enterprise Zone Act (20 ILCS 655/1 et seq) provides for the creation of enterprise zones to encourage private sector investments in economically distressed areas throughout the State; and WHEREAS, The City of Lockport is organized and existing under the laws of that State of Illinois. The City of Lockport has areas within its boundaries that are economically distressed and would benefit from private sector investments under the Enterprise Zone Act; and WHEREAS, the aforesaid Municipality has joined in the collective pursuit of a joint Enterprise Zone, subject to approval of its respective governing body; and WHEREAS, it is determined that it is in the best interest of the citizens of the City of Lockport to establish an Enterprise Zone and encourage private sector investments within said Enterprise Zone; and WHEREAS, prior to filing of an application for approval of the designation of an Enterprise Zone under the Illinois Enterprise Zone Act, it is required that the County and Municipalities adopt an Ordinance designating the proposed Enterprise Zone; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY of LOCKPORT, as follows: SECTION 1: INCORPORATION BY REFERENCE The above Recitals are incorporated herein by reference and become part of this Section as if fully stated herein. SECTION 2: ENTERPRISE ZONE DESIGNATION An Enterprise Zone is hereby declared and established as an Enterprise Zone pursuant to authority granted by the Illinois Enterprise Zone Act, as amended, subject to the approval by the Illinois Enterprise Zone Board and certification by the Illinois Department of Commerce and Economic Opportunity. This Enterprise Zone is hereby named and designated as the Des Plaines River Valley Enterprise Zone. 1

58 SECTION 3: TERM The term of the Enterprise Zone is 15 years, subject to the effective date of certification of the Enterprise Zone and the potential 10-year renewal prescribed under the Illinois Enterprise Zone Act. SECTION 4: DESCRIPTION OF ZONE The area of the designated Enterprise Zone is described in the legal description in EXHIBIT A outlined in a map in EXHIBIT B and, which exhibits are attached to this Ordinance and incorporated herein by reference. SECTION 5: QUALIFICATIONS. The City of Lockport hereby declares and affirms that the Zone Area is qualified for designation as an Enterprise Zone in accordance with the provisions of the Act, and it is FOUND: a. The Zone Area is a contiguous area; b. The Zone Area comprises an area larger than one-half square miles and not more than Fifteen square miles in total area; c. The Zone Area is a depressed area; d. The Zone Area addresses a reasonable need to encompass portions of more than one (1) municipality and adjacent unincorporated areas of the County; e. The Zone Area may exceed the minimum requirement of meeting 3 of the 10 Criteria specified in the Illinois Enterprise Act (20ILCS 655/4 (f); as referenced in the Enterprise Zone Qualifying Criteria, EXHIBIT C attached hereto; and f. On the 8th day of December, 2014, a public hearing was conducted pursuant to a Notice duly published in a newspaper of general circulation, within the Zone Area, not more than 20 days nor less than 5 days before the hearing date; g. The Zone Area satisfies any additional criteria stated in the Illinois Enterprise Zone Act or established by the Rules of the Illinois Department of Commerce and Economic Opportunity; SECTION 6: INCENTIVES 2

59 The State of Illinois, Counties and Municipalities offer incentives designed to encourage businesses in the private sector to locate or expand within an Enterprise Zone, subject to terms, conditions, rules and legal limitations in the law: STATE INCENTIVES Sales Tax Exemption - A 6.25 percent state sales tax exemption is permitted on building materials to be used in an Enterprise Zone. Materials must be permanently affixed to the property and must be purchased from a qualified retailer. Enterprise Zone Machinery and Equipment Consumables/Pollution Control Facilities Sales Tax Exemption - A 6.25 percent state sales tax exemption on purchases of tangible personal property to be used in the manufacturing or assembly process or in the operation of a pollution control facility within an Enterprise Zone is available. Eligibility is based on a business making an investment in an Enterprise Zone of at least $5 million in qualified property that creates a minimum of 200 fulltime-equivalent jobs, a business investing at least $40 million in a zone and retaining at least 2,000 jobs, or a business investing at least $40 million in a zone which causes the retention of at least 80 percent of the jobs existing on the date it is certified to receive the exemption. Enterprise Zone Utility Tax Exemption - A state utility tax exemption on gas, electricity and the Illinois Commerce Commission's administrative charge and telecommunication excise tax is available to businesses located In Enterprise Zones. Eligible businesses must make an investment of at least $5 million in qualified property that creates a minimum of 200 full-time equivalent jobs in Illinois, an investment of $20 million that retains at least 1,000 full-time-equivalent jobs, or an investment of $175 million that creates 150 full-time equivalent jobs in Illinois. The majority of the jobs created must be located In the Enterprise Zone where the investment occurs. Enterprise Zone Investment Tax Credit - A state investment tax credit of 0.5 percent is allowed a taxpayer who invests in qualified property in a Zone. Qualified property includes machinery, equipment and buildings. The credit may be carried forward for up to five years. This credit is in addition to the regular 0.5 percent Investment tax credit, which is available throughout the state, and up to 0.5 percent credit for increased employment over the previous year. Contribution Deduction - Businesses may deduct double the value of a cash or in-kind contribution to an approved project of a Designated Zone Organization from taxable income. LOCAL INCENTIVES AND FEES Local governments, through the assistance and coordination of the Enterprise Zone Administrators, may provide a variety of local incentives to further encourage economic growth and investment within enterprise zones. The incentives offered are determined by counties and municipalities. The following local Enterprise Zone incentives are hereby offered: a) The proposed area of the Enterprise Zone of the City of Lockport completely lies within 3

60 b) c) d) a TIF District and thus TIF Benefits are also offered. The Zone Administrator shall file a copy of the Enterprise Zone s fee schedule (if any) with the Department of Commerce and Economic Opportunity by April 1 of each year. The Zone Administrator may charge up to 0.5% (one half of one percent) of the cost of building materials of the project associated with the Enterprise Zone, provided that a maximum fee of no more than $50,000 is permitted (20 ILCS 655/8.2 (c). SECTION 7. ZONE ADMINISTRATOR: The Zone Administrator is responsible for the day-to-day operation of the Enterprise Zone including the following duties: (a) Supervise the implementation of the provisions of this Intergovernmental Agreement and the Illinois Enterprise Zone Act. (b) Act as a liaison between the County, Municipalities, the Illinois Department of Commerce Economic Opportunity, Designated Zone Organizations, and other State, Federal and local agencies, whether public or private. (c) Conduct an ongoing evaluation of the Enterprise Zone Programs and submit evaluative reports at least annually to the Board. (d) Promote the coordination of other relevant programs, including, but not limited to, housing, community and economic development, small business, financial assistance and employment training within the Enterprise Zone. (e) Recommend qualified Designated Zone Organizations to the Enterprise Zone Governing Board (the Board). (f) Have other such duties as specified by the Board, including the appointment of authorized personnel as appropriate, to assure the smooth operation of the Enterprise Zone. SECTION 8: INTERGOVERNMENTAL AGREEMENT The Enterprise Zone shall be governed, managed and operated in accordance with the Intergovernmental Agreement between the County and Municipalities as set 4

61 forth in EXHIBIT C, which is attached hereto and incorporated into this Ordinance, by reference. The Mayor or his or her designee is directed to sign all documents reasonably necessary in the furtherance of the Joint Application for said Enterprise Zone, to be filed with the Illinois Department of Commerce and Economic Opportunity. SECTION 9: SEVERABILITY This Ordinance and every provision thereof shall be considered severable and the invalidity of any section clause, paragraph, sentence or provision of this Ordinance will not affect the validity of any other portion of this Ordinance. SECTION 10: PUBLICATION AND EFFECTIVE DATE The City of Lockportis hereby authorized to publish this Ordinance in pamphlet form. This Ordinance shall be in full force and effect from after its passage, approval and publication as required by law. Presented, passed and approved this 17 th. day of December, AYES: NAYS: ABSENT: APPROVED this day of 2014 ATTEST: Mayor, Steven Streit City Clerk, Alice Matteucci 5

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97 ORDINANCE NO Authorizing The Mayor to Execute an Intergovernmental Agreement Between the City of Joliet, City of Lockport, Village of Rockdale, Village of Romeoville, and the County of Will Regarding the Des Plaines River Valley Enterprise Zone WHEREAS, the State of Illinois Enterprise Zone Act (20 ILCS 655/1) provides for the creation of enterprise zones to encourage private sector investments in economically distressed areas of the State; and WHEREAS, companies located in Illinois Enterprise Zones are eligible to receive an array of state and local tax benefits; and WHEREAS, all existing Enterprise Zones will be terminated at the end of 2015; and WHEREAS, applications for new Enterprise Zones are due by December 31, 2014; and WHEREAS, the Five units of local government have initiated a collaborative project to jointly apply for a new Enterprise Zone in Will County; and WHEREAS, the Des Plaines River Valley Enterprise Zone includes Will County and the municipalities of City of Joliet, City of Lockport, Village of Rockdale and the Village of Romeoville; and WHEREAS, the Enterprise Zone area is legally described in Exhibit A; and WHEREAS, Will County and the Four Municipalities held a public hearing on December 8, 2014 on the question of whether to create the Des Plaines River Valley Enterprise Zone, what local plans, tax incentives and other programs should be established in connection with the zone, what the boundaries of the zone should be and other information if the State of Illinois awards an Enterprise Zone designation to the Municipalities and County; and WHEREAS, the public was invited to attend this public hearing and to speak and make comments as to their views and concerns regarding the proposed Enterprise Zone; and WHEREAS, each Municipality and County included in the enterprise zone is required to adopt an ordinance that establishes the zone and its participation in the zone subject to the approval of the directing state agency; and WHEREAS, each Municipality and County included in the enterprise zone is required to sign an intergovernmental agreement stating its commitment to collaborate in the governance and operation of the zone on common terms; and NOW, THEREFORE, BE IT ORDAINED, that the City of Lockport hereby authorizes the Mayor to execute an Intergovernmental Agreement in support of the creation of the Des Plaines River Valley Enterprise Zone which is attached hereto and made a part hereof,

98 FURTHER BE IT ORDAINED, that the Preamble of this Ordinance is hereby adopted as if fully set herein. This Ordinance shall be in full force and effect upon its passage and approval as provided by law. Presented, passed and approved this 17 th. day of December, AYES: NAYS: ABSENT: APPROVED this 17 th. day of Decmeber 2014 Steven Streit, Mayor ATTEST: Alice Matteucci, City Clerk

99 AN INTERGOVERNMENTAL AGREEMENT BETWEEN The City of Joliet, the City of Lockport, the Village of Rockdale, the Village of Romeoville and the County of Will. WHEREAS, the aforesaid Villages and Cities are Municipalities organized and existing under the laws of the State of Illinois ( the Municipalities ) and the County of Will (the County ) are bodies politic and corporate organized and existing under the State of Illinois Constitution and Statutes of the State; and WHEREAS, the State of Illinois Enterprise Zone Act (20 ILCS 655/1 et seq) provides for the creation of enterprise zones to encourage private sector investments in economically distressed areas throughout the State; and WHEREAS, The Parties have areas, within their respective legal boundaries, that are economically distressed and would benefit from private sector investments under the Enterprise Zone Act; and WHEREAS, it is determined that it is in the best interest of the citizens of the Municipalities and County to establish an Enterprise Zone and encourage private sector investments within said Enterprise Zone; and WHEREAS, the aforesaid Municipalities and County have joined in the collective pursuit of the creation of an Enterprise Zone, by approval of their respective governing bodies; and WHEREAS, the Illinois Intergovernmental Cooperation Act, 5ILCS, Section 220/1 et seq, authorizes counties and municipalities to exercise jointly with any public agency of the State, including other units of local government, any power, privilege, or authority which may be exercised by a unit of local government individually, and to enter into contracts for the performance of governmental services, activities, and undertakings; and WHEREAS, pursuant to Article 7, Section 10 of the 1970 Constitution of the State of Illinois, Counties and Municipalities are empowered to contract for the purposes set forth therein; and WHEREAS, the Municipalities and County have declared and established an Enterprise Zone pursuant to the authority granted by the Illinois Enterprise Zone Act, as amended, subject to the approval by the Illinois Enterprise Zone Board and certification by the Illinois Department of Commerce and Economic Opportunity. This Enterprise Zone is named and designated as the Des Plaines River Valley Enterprise Zone ; and WHEREAS, the term of the Enterprise Zone is 15 years, subject to the effective date of January 1 of the first calendar year after certification by the Department of Commerce and Economic 1

100 Opportunity and the potential 10-year renewal enumerated in the Illinois Enterprise Zone Act; and WHEREAS, the designated Enterprise Zone Area described in the legal description presented in EXHIBIT A and is outlined in the map in EXHIBIT B and, which exhibits are attached to this Intergovernmental Agreement and incorporated herein by reference; WHEREAS, the Zone may exceed the minimum requirement of meeting 3 of the 10 criteria specified in the Illinois Enterprise Act (20 ILCS 655/4 (f); as referenced in the Enterprise Zone Qualifying Criteria, EXHIBIT C attached hereto; and WHEREAS, the County and the Municipalities declared and affirmed that the Zone Area is qualified for designation as an Enterprise Zone in accordance with the provisions of the Enterprise Zone Act. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE RECITALS HEREIN ABOVE SET FORTH AND OTHER GOOD AND VALUABLE CONSIDERATIONS, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, IT IS HEREBY AGREED BETWEEN THE COUNTIES AND THE MUNICIPALITIES, AS FOLLOWS: SECTION 1. INCORPORATION BY REFERENCE The Preamble to this Agreement and all Exhibits referred to in this Agreement and its Preamble are hereby incorporated herein as if fully set forth in this Section 1. SECTION 2. DESIGNATION The Municipalities and County have adopted such Ordinances as are convenient and necessary to designate and implement an Enterprise Zone pursuant to the Illinois Enterprise Zone Act. This Enterprise Zone is named and known as the Des Plaines River Valley Enterprise Zone. SECTION 3. INCENTIVES The State of Illinois, Counties and Municipalities offer incentives designed to encourage businesses in the private sector to locate and expand within Enterprise Zones, subject to terms, conditions, rules and limitations as legally provided. STATE INCENTIVES Sales Tax Exemption A 6.25 percent state sales tax exemption is permitted on building materials to be used in an Enterprise Zone. The Materials must be permanently affixed to the property and must be purchased from a qualified retailer. Enterprise Zone Machinery and Equipment Consumables/Pollution Control Facilities Sales Tax Exemption A 6.25 percent state sales tax exemption of purchases of tangible 2

101 personal property to be used in the manufacturing or assembly process or in the operation of a pollution control facility within an Enterprise Zone is available. Eligibility is based on a business making an investment in an Enterprise Zone of at least $5 million in qualified property that creates a minimum of 200 fulltime-equivalent jobs, a business investing at least $40 million in a zone and retaining at least 2,000 jobs, or a business investing at least $40 million in a zone which causes the retention of at least 80 percent of the jobs existing on the date it is certified to receive the exemption. Enterprise Zone Utility Tax Exemption A state utility tax exemption on gas, electricity and the Illinois Commerce Commission s administrative charge and telecommunication excise tax is available to businesses located in Enterprise Zones. Eligible businesses must make an investment of at least $5 million in qualified property that creates a minimum of 200 full-time equivalent jobs in Illinois, an investment of $20 million that retains at least 1,000 full-time-equivalent jobs, or an investment of $175 million that creates 150 full-time equivalent jobs in Illinois. The majority of the jobs created must be located in the Enterprise Zone where the investment occurs. Enterprise Zone Investment Tax Credit A state investment tax credit of 0.5 percent is allowed a taxpayer who invests in qualified property in a Zone. Qualified property includes machinery, equipment and buildings. The credit may be carried forward for up to five years. This credit is in addition to the regular 0.5 percent Investment tax credit, which is available throughout the state, and up to 0.5 percent credit for increased employment over the previous year. Contribution Deduction - Businesses may deduct double the value of a cash or in-kind contribution to an approved project of a Designated Zone Organization from taxable income. LOCAL INCENTIVES AND FEES Local governments, through the assistance and coordination of the Enterprise Zone Administrator, may provide a variety of local incentives to further encourage economic growth and investment within the enterprise zone. The incentives offered are determined by the individual units of government. The Zone Administrator shall file a copy of the Enterprise Zone s fee schedule (if any) with the Department of Commerce and Economic Opportunity by April 1 of each year. The Zone Administrator may charge up to 0.5% of the cost of building materials of the project associated with the Enterprise Zone, provided that a maximum fee of no more than $50,000 is permitted (20 ILCS 655/8.2 (c) as to each project. The Zone will be offering the following programs: 3

102 Advanced Manufacturing and Business Incubation Program The Zone will pursue to establish a business incubator program in conjunction with local universities and research institutes. By creating and managing an incubator, select innovative business concepts can be transformed into viable businesses. Revolving Loan Fund A low interest loan program may be offered to viable business concepts, accepted into the incubator program, to help financially sustain their efforts during the initial start up phase. SECTION 4. ZONE MANAGEMENT: Upon approval of the Enterprise Zone and certification by the Department of Commerce and Economic Opportunity each party to this Agreement shall appoint a representative to serve and participate in a zone management organization that is hereby designated and to be known as the Des Plaines River Valley Enterprise Zone Board (the Board ). The Board will by majority vote to adopt rules and procedures for the management of the Enterprise Zone, including its financial matters. This Board is the governing body of the Enterprise Zone and will appoint the Zone Administrator. Decisions on appointment or removal of the Zone Administrator shall be made in the following manner: (a) Nominations shall be received from members of the Board for appointment of the Zone Administrator. Appointment of the Zone Administrator shall be by two-thirds vote of the Board. (b) The Zone Administrator may be removed by two-thirds vote of the Board. (c) The Zone Administrator must be an employee or officer of one of the Municipalities or County. SECTION 5. ZONE ADMINISTRATOR: The Zone Administrator is responsible for the day-to-day operation of the Enterprise Zone including the following duties: (a) Supervise the implementation of the provisions of this Intergovernmental Agreement and the Illinois Enterprise Zone Act. (b) Act as a liaison between the County, Municipalities, the Illinois Department of Commerce Economic Opportunity, Designated Zone Organizations, and other State, Federal and local agencies, whether public or private. 4

103 (c) Conduct an ongoing evaluation of the Enterprise Zone Programs and submit evaluative reports at least annually to the Board. (d) Promote the coordination of other relevant programs, including, but not limited to, housing, community and economic development, small business, financial assistance and employment training within the Enterprise Zone. (e) Recommend qualified Designated Zone Organizations to the Board. (f) Have other such duties as specified by the Board, including the appointment of authorized personnel as appropriate, to assure the smooth operation of the Enterprise Zone. SECTION 6. DESIGNATED ZONE ORGANIZATIONS: The Board, at its discretion, may select Designated Zone Organizations, pursuant to the qualifications enumerated in the Enterprise Zone Act 20 ILCS 655/3(d) and delegate the performance of permissible services or functions to said Designated Zone Organizations. Nothing herein shall be deemed to limit or restrict the right of the Board to delegate operational responsibilities to Designated Zone Organizations or other appropriate entities, permitted by law. Provided that no delegation including performance, services or functions, is effective until the proposed Designated Zone Organization is approved, pursuant to Application duly filed, by the Department of Commerce and Economic Opportunity. SECTION 7. AMENDMENTS TO THIS AGREEMENT: This Agreement shall remain in full force and effect unless amended or modified by the mutual written agreement of the parties. Except as expressly set forth above, nothing contained within this paragraph shall be construed to bar or limit the rights of either the County or the Municipalities to enforce the terms of this Agreement. SECTION 8. DURATION OF AGREEMENT: This Agreement shall be in full force and effect during the legal existence of the Enterprise Zone unless duly terminated, amended, extended, renewed or revised by the mutual written agreement of the respective corporate authorities of the Municipalities and the County. SECTION 9. REPRESNTATION BY THE PARTIES: The Parties represent, warrant, and agree, to and with each other, that each has taken all necessary corporate and legal action to authorize the execution, delivery, and performance on their part of this Agreement, and the performance hereto by each will not be in contravention of any resolutions, ordinances, laws, contracts, or agreements to which it is a party or to which it is 5

104 subject. The Parties shall deliver to each other certified copies of all resolutions or ordinances authorizing the execution and performance of this Agreement. SECTION 10. FAILURE TO ENFORCE: The failure of any party hereto to enforce any of the provisions of this Agreement, or the waiver thereof in any instance, shall not be construed as a general waiver thereof in any instance, nor shall it be construed as a general waiver or relinquishment on its part of any such provision, but the shame shall, nevertheless, be and remain in full force and effect. SECTION 11. CAUSES BEYOND CONTROL: No party to this Agreement shall be liable to another for failure, default or delay in performing any of its obligations hereunder, provided such failure, default or delay in performing any of its obligations specified herein is caused by strikes; by forces of nature; unavoidable accident; fire; acts of public enemy; or order of court. Should any of the foregoing occur, the parties hereto agree to proceed with diligence to do what is reasonable and necessary so that each party may perform its obligations under this Agreement. SECTION 12. NOTICES: Any notice required by this Agreement shall be in writing and shall be served by personal delivery on the municipal/county clerk or chief administrative officer of the receiving party. In lieu of personal service, required notices may be served by certified mail, return receipt requested, addressed to the municipal/county clerk or chief administrative officer of the receiving party. Notices shall be deemed served on the day of personal delivery or on the fourth day following mailing. SECTION 13. RESERVATION OF RIGHTS: Nothing in this Agreement is intended to confer a benefit or right of enforcement upon any third party. Further, both parties specifically reserve all rights, privileges and immunities conferred upon them by law. SECTION 14. AGENCY: Neither party is an agent of the other party nor shall neither incur any costs, expenses or obligations on behalf of the other. SECTION 15. COMPLETE AGREEMENT: This Agreement sets forth the complete understanding between the parties relating to the terms and conditions hereof and any amendment hereto to be effective must be in writing and duly authorized and signed by the duly authorized representative of the parties. 6

105 SECTION 16. SERVERABILITY: If any provision of this Agreement shall be declared invalid for any reason, such invalidation shall not affect other provisions of this Agreement which can be given effect without the invalid provisions and to this end the provisions of this Agreement are to be severable. SECTION 17. CONSTRUCTION: This Agreement shall be construed in accordance with the laws of the State of Illinois. SECTION 18. EFFECTIVE DATE: This Agreement shall be in full force and effect as of the date set forth below. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed in their respective corporate names by their respective officers hereunto duly authorized and their respective corporate seals to be hereunto affixed and attested by their respective officers having custody thereof the day and year first above written. City of Joliet Will County, Illinois, an Illinois Municipal Corporation By: Mayor City of Lockport Will County, Illinois, an Illinois Municipal Corporation By: Mayor ATTEST: City Clerk Date ATTEST: City Clerk Date Village of Rockdale Will County, Illinois, an Illinois 7

106 Municipal Corporation ATTEST: By: Village President Village Clerk Date Village of Romeoville Will County, Illinois, an Illinois Municipal Corporation ATTEST: By: Village President Village Clerk Date County of Will An Illinois Body Politic By: County Executive ATTEST: County Clerk Date 8

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136 S River Rd S Gougar Rd S Van Dyke Rd S Ridge Rd N Raynor Av S Rowell Av S High Rd S Essington Rd S Farrell Rd S Cherry Hill Rd N Center St Nelson Rd Houbolt Rd Wilcox St S 248th Av River Rd Ravinia Dr S Book Rd Nw Frontage Rd Addleman St S Bridge Rd S Budler Rd S Smith Rd Gear Dr Fairlane Dr Bronk Rd Rowell Av Arthur Av S Howard St Airport Dr Terry Dr Terminal Ct S Brandon Rd Water St Smith Rd N Vine St N May St Gaylord Rd S Kings Rd S Bush Rd Burger Av Gardner St Wilco Bl Neal Av N Farrell Rd S King Rd S Wallin Dr W 119th St W 127th St S James St W Renwick Rd W Fraser Rd W Rolf Rd Des Plaines River Valley Enterprise Zone S Vicky St S Naperville Rd Miles [ Des Plaines River Valley EZ W Lockport St Bronk Rd W 143rd St Hennepin Dr Caton Farm Rd Sw Frontage Rd W Helen Dr Kellogg St W Taylor Rd Zinnia Dr Dalton Ln Root St W Airport Rd S Zausa Dr S Magnolia Dr S Frontage Rd Borio Dr Caton Farm Rd W Normantown Rd W Romeo Rd Murphy Dr Naperville Dr Belmont Dr Troxel Av Anton Dr Spangler Rd W Janet Av E Romeo Rd Canal St S Powerhouse Rd S Material Rd W 9th St Canal St Table St S Jefferson St S High Rd Oak St Parkview Ln Mac Gregor Rd E 7th St Runyan Dr Oak Hill St W 147th Pl Drive W 151st St W 139th St W 147th St W 163rd St Bruce Rd W Bruce Rd S Prime Bl S Heritage Dr S Cedar Rd Riley Av W Oak Av Riviera Bl Vertin Bl S Navajo Dr S Nadia Dr W Canal Rd Shorewood Dr S Sarver Dr Quail Dr S Edwin Dr Se Frontage Rd Olympic Bl Mound Rd W Mcclintock Rd W Amoco Rd Black Rd Essington Rd Mission Bl Mcdonough St Mound Rd Hollywood Bl S Vetter Rd W Millsdale Rd Theodore St Ann St Knapp Dr Ingalls Av Glenwood Av Oneida St Mason Av Kinsey Av Moen Av Centerpoint Wy Patterson Rd W Noel Rd Campbell St Morgan St Woodruff Av Zurich Rd N Joliet St Drive W Laraway Rd Ohio St Louis Rd 2nd Av West Rd Abe St Linden Av Clark St Sterling Av W Schweitzer Rd White Av New Lenox Rd Ellis Rd Eunice Av East Rd W Bernhard Rd W Rosalind St Belmont Av 4th Av Golf Rd Dougall Rd Spencer Rd Ferro Dr Silver Cross Bl W Haven Av Andrea Dr W Delaney Rd W Baker Rd W Smith Rd Cardinal Dr W Front St

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142 City Council Agenda Memorandum Item # FD-1 To: From: Subject: Mayor & City Council Lisa Heglund 2014 Property Tax Levy Date: December 9, TAX LEVY SUMMARY The City of Lockport is still under the tax cap, which limits the tax levy, excluding bonds, to the lesser of CPI or 5%. In 2015 fiscal year budget, the 2014 property tax levy included an estimate of new growth and the CPI increase of 1.5%. The final EAV numbers are not determined until early spring of Once the final EAV is determined, the county will reduce our levy as per the Property Tax Extension Limitation Law (tax cap). During the first 9 months of 2014, there was approximately $2.4 million in new EAV assessments from new construction within the city limits. Existing EAV within the City is estimated to drop approximately $5 million. Total EAV for the City of Lockport is estimated to be $566,828,861. For the 2013 tax levy, it was $571,821,668. The corporate and special purpose property taxes that will be levied for 2014 total $5,477,000. The levy extended for debt service will be $860,000. It is expected that the tax rate for the City of Lockport will increase as compared to last year s rate (estimated increase is.025). Since the City does not plan to levy an amount in excess of 105% of last year (for the corporate and special purpose levy), a Truth in Taxation public hearing is not required. o First Presentation 11/19/14. o Approval of the levy on 12/17/14. The signed levy ordinance will be submitted to the County prior to the 4 th Tuesday in December.

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171 City Council Agenda Memorandum Item # CE-1 To: From: Subject: Mayor & City Council / Board of Local Improvements Amy Wagner / Ron Caneva IL 7/Thornton Street Intersection Improvement Project Recommendation for approval of Pay Estimate 3 Date: December 4, 2014 BACKGROUND/HISTORY The IL-7 / Thornton Street Intersection Improvement Project is being constructed by the City of Lockport, with the help of special assessment funds and developer contributions. As part of the Special assessment process, the project must be awarded and overseen by the Board of Local Improvements. The contractor has applied for Pay Estimate 3 in the amount of $986, Attached is the recommendation for payment from Robinson Engineering, along with a copy of the pay request from D Construction and an update of the project progress, also from Robinson Engineering. PROS/CONS/ALTERNATIVES (IF APPLICABLE) RECOMMENDATION To approve the Pay Estimate 3 in the amount of $986,723.64, to D Construction. ATTACHMENTS (IF APPLICABLE) A. Pay request No. 3 B. Recommendation for Payment (Robinson) C. Project status update (Robinson) SPECIFIC ACTION REQUIRED Verbal approval of Pay Estimate 3 in the amount of $986,723.64, to D Construction.

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The Regular City Council Meeting was held on Wednesday, June 17, 2015, in the Board Room, 3 rd Floor, of the Central Square Building.

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