NOTICE OF INTENT TO BORROW MONEY AND RIGHT TO FILE PETITION Notice is hereby given that pursuant to Ordinance Number 513, adopted April 28, 2009, the WHEATON SANITARY DISTRICT, DuPage County, Illinois, intends to enter into a Loan Agreement with the Illinois Environmental Protection Agency in an aggregate principal amount not to exceed $23,000,000 for the purpose of paying the costs of certain improvements to the sewerage system of the DISTRICT. A complete copy of said Ordinance accompanies this Notice. Notice is further given that the question of improving the sewerage system of the DISTRICT, as provided in said Ordinance, and entering into the Loan Agreement shall be submitted to the registered voters of the DISTRICT at a special election to be held at a time set by the County Clerk of DuPage County, Illinois if a petition signed by ten percent of the registered voters of the DISTRICT requesting that the question of improving the sewerage system and entering into the Loan Agreement is submitted to the Clerk of the DISTRICT within 30 days after the date of publication of this Notice. A form of petition for such purpose is available from the office of the Clerk of the DISTRICT. S/Robert A. Hesterman Clerk, Board of Trustees
WHEATON SANITARY DISTRICT ORDINANCE NO. 513 AN ORDINANCE AUTHORIZING THE WHEATON SANITARY DISTRICT TO BORROW FUNDS FROM THE WATER POLLUTION CONTROL REVOLVING FUND WHEREAS, WHEATON SANITARY DISTRICT, DuPage County, Illinois operates a sewerage treatment works (the System) and in accordance with the provisions of the Sanitary District Act of 1917 and the Local Government Debt Reform Act, P.A. 85-1419, approved December 15, 1988, (together referred to as the Act); and WHEREAS, the President and Board of Trustees of the DISTRICT have determined that it is necessary, advisable and in the best interests of the public health, safety and welfare to improve the SYSTEM by constructing upgraded sludge dewatering facilities to provide additional capacity and enhanced dewatering which has a useful life in excess of 20 years, together with all electrical, mechanical or other services necessary to such construction and installation (the Project) all in accordance with the plans and specifications prepared by the consulting engineers to the DISTRICT; and WHEREAS, the estimated costs of constructing and installing the PROJECT, including engineering, financial and legal and other related expenses is $23,000,000 and there are insufficient funds on hand and lawfully available to pay such costs; and WHEREAS, such costs are expected to be paid by a loan to the DISTRICT from the Illinois Environmental Protection Agency (IEPA) through the Water Pollution Control Revolving Fund, said loan to be paid from the DISTRICT'S user charge system; and
-2- WHEREAS, pursuant to the ACT such a loan is authorized to be accepted by the DISTRICT at this time; and WHEREAS, the DISTRICT is authorized to borrow funds from the Water Pollution Control Revolving Fund pursuant to and in accordance with the ACT in the aggregate amount of $23,000,000 for the purpose of providing funds to pay the costs of the PROJECT; and WHEREAS, the loan to the DISTRICT shall be made pursuant to a Loan Agreement between the DISTRICT and the IEPA; NOW THEREFORE BE IT ORDAINED by the President and Board of Trustees of the DISTRICT, DuPage County, Illinois as follows: SECTION 1. The Board hereby finds that the recitals contained in the preamble of this Ordinance are true and correct and it does hereby incorporate them into this Ordinance by reference. SECTION 2. It is necessary and in the best interest of the public health, safety and welfare to construct the PROJECT in accordance with the plans and specifications. It is hereby authorized that funds be borrowed by the DISTRICT in an aggregate principal amount not to exceed $23,000,000 for the purpose of constructing the PROJECT. SECTION 3. This Ordinance, together with a notice in statutory form, shall be published once within ten days after passage hereof in the Daily Herald, being a newspaper published and having a general circulation in the DISTRICT. If no petition, signed by ten percent of the registered voters residing within the DISTRICT asking that the question of improving the SYSTEM and entering into a Loan Agreement, as provided in this Ordinance, be submitted to the registered voters of the DISTRICT, is filed with the DISTRICT Clerk within 30 days after the date of the publication of this Ordinance and Notice, then this Ordinance shall be in full force and effect. A petition form shall be provided by the DISTRICT Clerk to any individual requesting one.
-3- SECTION 4. If no petition meeting the requirements of the ACT or any other applicable law is filed during the period referred to above, then the Board of Trustees of the DISTRICT may adopt additional ordinances providing for the entering into a Loan Agreement with the IEPA, setting forth all the details of the Loan Agreement and providing for the collection, segregation and distribution of the revenues of the SYSTEM provided that the maximum amount of the loan as set forth herein is not exceeded and there is no material change in the PROJECT or purpose as set forth herein. All additional ordinances shall become effective in accordance with the ACT or other applicable law. This Ordinance, together with such additional ordinances as may be necessary, shall constitute complete authority to the DISTRICT for entering into the Loan Agreement. Notwithstanding the above, the DISTRICT shall not adopt additional ordinances or amendments to existing ordinances which will provide any substantive or material change in the scope and intent of this Ordinance, including but not limited to the interest rate, preference, priority or parity of any other ordinance with this Ordinance or otherwise alter or impair the obligation of the DISTRICT to pay the principal and interest due the Water Pollution Control Revolving Fund without the written consent of the IEPA. SECTION 5. Repayment of the loan from the IEPA by the DISTRICT pursuant to this Ordinance is to be solely from the revenue to be derived from existing user charges and the loan does not constitute an indebtedness of the DISTRICT within the meaning of any constitutional or statutory limitation. SECTION 6. The President and the Board of Trustees hereby authorizes acceptance by the DISTRICT of the offer of a loan from the Water Pollution Control Revolving Fund including all terms and conditions of the Loan Agreement as well as all special conditions contained therein and made a part thereof by reference. The President and the Board of Trustees further agrees that the
loan funds awarded shall be used solely for the purpose of the PROJECT as approved by the IEPA in -4- accordance with the terms and conditions of the Loan Agreement. SECTION 7. The President of the Board of Trustees is hereby authorized and directed to execute the Loan Agreement with the IEPA on or before December 31, 2009. SECTION 8. If any section, paragraph, clause or provision of this Ordinance shall be held to be invalid, the invalidity of such section, paragraph, clause or provision shall not effect any other provisions of this Ordinance. SECTION 9. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 10. The Executive Director of the DISTRICT, Stephen R. Maney, is hereby authorized and directed to execute the Loan Agreement with the IEPA. PASSED AND APPROVED by the Board of Trustees of the WHEATON SANITARY DISTRICT this 28th day of April, 2009. S/Jeffrey R., Walker President, Board of Trustees (Seal) ATTEST: S/Robert A. Hesterman Clerk, Board of Trustees AYES _3_ NAYS _0_ Published in the Daily Herald the 30 th day of April, 2009.