Location: Oswego Village Hall, 100 Parkers Mill, …2013/05/07 · Bank’s Triathlon in the Village of Oswego. G. OLD BUSINESS H. NEW BUSINESS 1. Ordinance Providing for the Issuance

Posted: Date: ___________ Time: ___________ Place: ___________ Tina Touchette Initials: ___________ Village Clerk

100 Parkers Mill • Oswego, Illinois 60543 (630) 554-3618 • Fax: (630) 554-3306

Website: http//www.oswegoil.org

NOTICE AND AGENDA REGULAR MEETING

OSWEGO VILLAGE PRESIDENT AND BOARD OF TRUSTEES May 7, 2013

at 7:00 P.M. (or immediately following the Committee of the Whole Meeting) Location: Oswego Village Hall, 100 Parkers Mill, Oswego, IL

Next Ordinance Number 13-22; Next Resolution Number 13-R-14

A. CALL TO ORDER AND PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

B. ROLL CALL C. RECOGNITIONS / APPOINTMENTS

1. Commission Appointments a. Police Pension Board- Reappoint Mark Horton for a term to expire May 2015 b. Building Code Board of Appeals- Reappoint Tom Cook, Jr., for a term to expire 4/30/18 c. Historic Preservation Commission- Appoint Rebecca Damery for a term to expire 4/30/16

2. Ad-Hoc Market Study Advisory Committee Appointment a. Pam Parr- Trustee Liaison Member 3. Oswego Historic Preservation Commission Presentation a. Historic Preservation Month Proclamation b. Staff Memo- Property of the Season 4. Women’s Topics Committee- Presentation of LunaFest Check 5. Proclamations

a. Honoring Jeff Lawson b. May, 2013 Building Safety Month c. May, 2013 Older Americans Month d. May, 2013 Keep Kids Alive, Drive 25 e. Police Week, May 12-18, 2013 f. National Public Works Week, May 19-25, 2013

D. PUBLIC FORUM E. STAFF REPORTS 1. Village Attorney 2. Village Administrator

3. Chief of Police

Agenda of a Regular Meeting Oswego Village President and Board of Trustees May 7, 2013 Page 2 4. Director of Public Works a. Flood Damage/Repairs Update

5. Village Engineer 6. Community Development Director 7. Building and Zoning Manager 8. Finance Director a. Village Treasurer’s Certification of Police Pension Fund Revenue and Expenditures 9. Human Resources Director

10. Village Clerk 11. Community Relations Manager 12. Economic Development Director

F. CONSENT AGENDA 1. Bill List Dated May 7, 2013 in the Amount of $661,452.08 2. Amend Village of Oswego Code of Ordinances Title 3 Chapter 7 Alcoholic Beverages to

Decrease the Number of Class C Liquor Licenses by one (1) for Scotty’s, 4571 Route 71. (First Read of Ordinance, Consider Waiving Second Read and Approving)

3. Village of Oswego Newsletter – 2013/2014 Printing and Distribution Quotes 4. Resolution Authorizing Agreement with Kendall County Cooperative Police Assistance

Team Task Force 5. Resolution Authorizing Intergovernmental Agreement Between Fox Metro Reclamation

District and Village of Oswego for the Investigation and Repair of Sanitary Sewers at Various Locations in Oswego, IL

6. Resolution Authorizing the Agreement with HR Green for Bridge Repair 7. Resolution Authorizing Intergovernmental Agreement for the Purchase of a Special

Response Vehicle 8. Ordinance Amending Title 9 Chapter 3 Section 10C-2, Speed Limit Reduction on Minkler

Rd. and Extend Speed Limit Zone on Woolley Rd. (First Read of Ordinance, Consider Waiving Second Read and Approving)

9. Motion to Approve Fourth Payment to H. Linden & Sons in the Amount of $690,406.47 for the Route 71 Watermain Relocation Project.

10. Approve the 2013 Motor Fuel Tax Roadway Project 11. IDOT Resolution for the Expenditures of M.F.T. Funds for $262,500.00 for Payment of Debt

Service on Outstanding Bonds 12. Resolution Rescinding Resolution 13-R-11 – Temporary Closing of Route 71 for Allied First Bank’s Triathlon in the Village of Oswego.

G. OLD BUSINESS

H. NEW BUSINESS 1. Ordinance Providing for the Issuance of Not to Exceed $11,300.00 General Obligation

Refunding Bonds, Series 2013, of the Village, for the Purpose of Refunding Certain Outstanding Bonds of Said Village, and Providing for the Levy and Collection of a Direct Annual Tax Sufficient for the Payment of the Principal of and Interest on Said Bonds.

Attachment: Memo and Ordinance Action: First Read of Ordinance, Consider Waiving Second Read and Approving

I. PRESIDENT’S REPORT

Agenda of a Regular Meeting Oswego Village President and Board of Trustees May 7, 2013 Page 3 J. CORRESPONDENCE K. STANDING COMMITTEE REPORTS – Committees have been suspended and will meet as

needed; reports will be presented at that time. L. PRESIDENT / TRUSTEE INITIATIVES M. CLOSED SESSION

• Pending and Probable Litigation [5 ILCS 120/2(c)(11)] • Appointment, Employment, Compensation, Discipline, Performance, or Dismissal of Personnel or

Officer [5 ILCS 120/2(c)(1)] • Collective Bargaining/Negotiations [5 ILCS 120/2(c)(2)] • Sale, Lease, and/or Acquisition of Property [5 ILCS 120/2(c)(5) & (6)]

N. POSSIBLE ACTION OF CLOSED SESSION ITEMS INCLUDING:

• Pending and Probable Litigation [5 ILCS 120/2(c)(11)] • Appointment, Employment, Compensation, Discipline, Performance, or Dismissal of Personnel or

Officer [5 ILCS 120/2(c)(1)] • Collective Bargaining/Negotiations [5 ILCS 120/2(c)(2)] • Sale, Lease, and/or Acquisition of Property [5 ILCS 120/2(c)(5) & (6)]

O. CALENDAR UPDATE Location: Oswego Village Hall, 100 Parkers Mill, Oswego, IL Cultural Arts Commission May 8, 2013 6:00 p.m. Plan Commission Meeting May 9, 2013 7:00 p.m. ECO Commission Meeting May 14, 2013 6:30 p.m. Women’s Topics Committee May 14, 2013 6:00 p.m. Student Government Day May 17, 2013 9am-3pm Special Board Meeting May 21, 2013 5:30 p.m. Intergovernmental Meeting May 21, 2013 6:30 p.m. Oswego Public Works Facility, 100 Theodore Drive, Oswego, IL ECO Electronics Recycling May 11, 2013 8:00 a.m. Oswego Law Enforcement Center, 3525 Route 34, Oswego, IL Police Commission June 6, 2013 5:00p.m. P. ADJOURNMENT

Proclamation The Village of Oswego, Illinois

Founded in 1833

NATIONAL PRESERVATION MONTH May 2013

WHEREAS, historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and

WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and

WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of heritage that has shaped us as a people and a community; and

WHEREAS, “See it, Save it, Celebrate it” is the theme for National Preservation Month 2013; see what has been saved in our community and celebrate the preservations who made it happen.

NOW, THEREFORE, I Brian LeClercq, President of the Board of Trustees of the Village of Oswego, Kendall County, Illinois, do hereby proclaim May, 2013 as

NATIONAL PRESERVATION MONTH in Oswego, Illinois and do hereby call upon all citizens, to join their fellow citizens across the United States in recognizing and participating in this special observance.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Village of Oswego to be affixed this 7th day of May, 2013.

BRIAN LeCLERCQ, VILLAGE PRESIDENT

ATTEST:

Tina Touchette, Village Clerk

AGENDA MEMORANDUM DATE: April 30, 2013 TO: Village President and Board of Trustees THROUGH: Rod Zenner, Community Development Director FROM: Kasey Evans, Planner SUBJECT: Agenda for the May 7, 2013 Village Board Meeting

Historic Preservation Commission Property of the Season Program Purpose The Oswego Historic Preservation Commission (HPC) will be making a brief presentation recognizing the Properties of the Season that have been acknowledged over the past year. Background The Property of the Season program brings awareness to historic preservation and helps promote historical homes and buildings in and around the Village of Oswego. Each quarter, the HPC selects a local property to highlight as part of its Property of the Season program. Photos and the property’s history are printed in the Village’s newsletter and shared on the Village’s website. The Properties of the Season for FY 2012-2013 include: Urban Barns: Various Addresses 20 S Main Street 267 S Main Street 69-71 S Main Street

Discussion Not Applicable Funding Not Applicable Strategic Plan Relevance 3.1 Establish contemporary and vibrant community spaces while maintaining community charm and character. Recommendation Memo and presentation provided for Board’s information.

COMMUNITY DEVELOPMENT DEPARTMENT

100 Parkers Mill • Oswego, IL 60543 • (630) 554-3622 • Fax: (630) 551-3975 Website: http://www.oswegoil.org


Founded in 1833

Honoring Jeff Lawson

For His Service to the Village of Oswego

WHEREAS, Jeff Lawson served for 4 (four) years as a Trustee for the Village of Oswego; and

WHEREAS, during his 4 years, Mr. Lawson also served on the Public Safety and Public Works

Committees; and

WHEREAS, the Village President and Board of Trustees would like to recognize Jeff Lawson

for his commitment to the community and for his dedication and accomplishments during his four year

term; and

NOW THEREFORE, on behalf of the Village Board and the Residents of the Village of

Oswego, it is an honor to express our appreciation to Jeff Lawson for his service to the Village of Oswego

and wish Jeff continued success in his future endeavors.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Village of

Oswego to be affixed this 7th day of May, 2013.

____________________________________ BRIAN LeCLERCQ, VILLAGE PRESIDENT

______________________________________ TINA TOUCHETTE, VILLAGE CLERK


Founded in 1833

BUILDING SAFETY MONTH – May 2013

WHEREAS, through our continuing efforts to address the critical issues of safety, energy efficiency, and resilience in the built environment that affect our citizens, both in everyday life and in times of natural disaster, give us confidence that our structures are safe and sound, and; WHEREAS, our confidence is achieved through the devotion of vigilant guardians – building safety and fire prevention officials, architects, engineers, builders, tradespeople, laborers and others in the construction industry – who work year-round to ensure the safe construction of buildings, and; WHEREAS, these guardians – dedicated members of the International Code Council – use a governmental consensus process that brings together local, state and federal officials with expertise in the built environment to create and implement the highest quality codes to protect Americans in the buildings where we live, learn, work, worship, play, and; WHEREAS, the International Codes, the most widely adopted building safety, energy and fire prevention codes in the nation, are used by most U.S. cities, counties and states; these modern building codes also include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildland fires and earthquakes, and; WHEREAS, Building Safety Month is sponsored by the International Code Council, to remind the public about the critical role of our communities’ largely unknown guardians of public safety – our local code officials – who assure us of safe, efficient and livable buildings, and; WHEREAS, this year’s theme, “Building Safety Month: Code Officials Keep You Safe” encourages all Americans to raise awareness of the importance of building safety; green and resilient building; pool, spa and hot tub safety; backyard safety; and new technologies in the construction industry. Building Safety Month 2013 encourages appropriate steps everyone can take to ensure that the places where we live, learn, work, worship and play are safe and sustainable, and recognizes that countless lives have been saved due to the implementation of safety codes by local and state agencies, and, WHEREAS, each year, in observance of Building Safety Month, Americans are asked to consider projects to improve building safety and sustainability at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments and federal agencies in protecting lives and property. NOW, THEREFORE, I, Brian LeClercq, President of the Village of Oswego, do hereby proclaim the month of May 2013 as

BUILDING SAFETY MONTH in the Village of Oswego. Accordingly, I encourage our citizens to join with their communities in participation in Building Safety Month activities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Village of Oswego to be affixed this 7th day of May, 2013.

BRIAN LeCLERCQ, VILLAGE PRESIDENT ATTEST:



Founded in 1833

OLDER AMERICANS MONTH May, 2013

WHEREAS, the Village of Oswego is a community that includes hundreds of citizens aged 60 and older; and

WHEREAS, the Village of Oswego committed to valuing all individuals and recognizing their ongoing life achievements; and

WHEREAS, the older adults in Village of Oswego play an important role by continuing to contribute experience, knowledge, wisdom, and accomplishments; and

WHEREAS, the Village of Oswego is committed to helping all individuals maintain their health and independence in later life; and

WHEREAS, the older adults in the Village of Oswego have an important role in sharing knowledge, wisdom, and understanding of the history of our community through interactions with children, youth, and adults from other generations; and

WHEREAS, our older adults are active community members involved in volunteering, mentorship, arts and culture, and civic engagement; and

WHEREAS, recognizing the successes of community elders encourages their ongoing participation and further accomplishments; and

WHEREAS, this year’s theme “Unleash the Power of Age!” celebrates the vitality and aspirations of older adults and their contributions to communities. Older Americans are productive, active and influential members of society, sharing essential talents, wisdom and life experience with their family, friends and neighbors; and

WHEREAS, our community can provide opportunities to allow older citizens to continue to flourish by:

• Emphasizing the importance of elders and their leadership by publicly recognizing their continued achievements

• Presenting opportunities for older Americans to share their wisdom, experience, and skills

• Recognizing older adults as a valuable asset in strengthening American communities

NOW THEREFORE, I, Brian LeClercq, President of the Village of Oswego, do proclaim the month of May 2013, as

OLDER AMERICANS MONTH and urge all citizens to take the time this May to recognize older adults and the people who serve and support them as powerful and vital citizens who greatly contribute to the community.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Village of Oswego to be affixed this 7th day of May, 2013. BRIAN LeCLERCQ, VILLAGE PRESIDENT ATTEST:



Founded in 1833

"KEEP KIDS ALIVE DRIVE 25" May, 2013

WHEREAS, KEEP KIDS ALIVE DRIVE 25® is a 501c3 non-profit organization working with police departments, public works departments, schools, businesses and concerned citizens in communities across the country to decrease speeding in residential neighborhoods; and

WHEREAS, their mission is to educate people on the serious consequences of driving above the posted residential speed (typically 25mph or less), and encourage and remind everyone to drive at or below the legal limit; and

WHEREAS, KEEP KIDS ALIVE DRIVE 25® heightens public awareness and reminds motorists not to speed, largely through neighborhood networking and the use of temporary yard signs posted by residents in their yards; and

WHEREAS, KEEP KIDS ALIVE DRIVE 25® is encouraging communities to increase their efforts to inform the public about the speeding problem and the significant danger to children as spring and summer approaches; and

WHEREAS, the organization is asking the Village of Oswego to join communities across the country in a significant national public awareness campaign kicking off on May Day, May 1, 2013; and

WHEREAS, the goal of this awareness campaign is to save the lives of children and all pedestrians and cyclists in our community.

NOW, THEREFORE, I, Brian LeClercq, President of the Village of Oswego, Kendall County, Illinois do hereby proclaim May 2013 as

"KEEP KIDS ALIVE DRIVE 25" in Oswego and call upon all citizens, businesses and organizations to make neighborhoods safer by abiding by the 25 MPH speed limits set on Village streets.



ATTEST:



Founded in 1833

NATIONAL POLICE WEEK May 12 – May 18, 2013

WHEREAS, the Congress and President of the United States have designated May 15, 2013 as PEACE OFFICERS' MEMORIAL DAY, and the week in which it falls as NATIONAL POLICE WEEK; and

WHEREAS, the members of the law enforcement agency in the Village of Oswego play an essential role in safeguarding the rights and freedoms of the citizens of Oswego; and

WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and

WHEREAS, the men and women of the law enforcement agency of the Village of Oswego unceasingly provides a vital public service;

NOW, THEREFORE, I, Brian LeClercq, President of the Village of Oswego, Kendall County, Illinois, call upon all citizens of Oswego and upon all patriotic, civic and educational organizations to observe the week of May 12 – 18, 2013 as

POLICE WEEK with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens.

I FURTHER call upon all citizens of the Village of Oswego to observe May 15, 2013 as

PEACE OFFICERS’ MEMORIAL DAY in honor of those peace officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes.


BRIAN LeCLERCQ, VILLAGE PRESIDENT ATTEST:



Founded in 1833

NATIONAL PUBLIC WORKS WEEK MAY 19 – 25, 2013

WHEREAS, Public work services provided in our community are an integral part of our citizens’ everyday lives; and

WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings and snow removal; and

WHEREAS, the health, safety and comfort of this community greatly depend on these facilities and services; and

WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction are vitally dependent upon efforts and skill of public works officials; and

WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people’s attitude and understanding of the importance of the work they perform; and

WHEREAS, this year’s theme “Because of Public Works”, speaks to the quality of life brought to communities around the world. We are able to have clean water, safe streets and neighborhoods, efficient traffic and safe clean communities “Because of Public Works…”

NOW, THEREFORE, I, Brian LeClercq, President of the Village of Oswego, Kendall County, Illinois do hereby proclaim May 19 through 25, 2013 as

NATIONAL PUBLIC WORKS WEEK in Oswego and call upon all citizens and organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions that Public Works Officials make every day to our health, safety, comfort and quality of life.



ATTEST:


Fund/Department: Vendor Name: Description: Amount: Department Totals:

General Fund:

Corporate:

ACHIEVEMENT ASSOCIATES CATALYST SEMINAR/WORKSHOP 2,950.00

AFLAC 28 DAY PREMIUM-AFLAC INSURANCE 3,544.68

AUTOSMART MARKETING FEE FOR P.D. VEHICLE 250.00

CALL ONE PHONE SERVICE-MARCH 2013 100.66

CALL ONE PHONE SERVICE- MARCH 2013 (1,288.93)

CALL ONE PHONE SERVICE-APRIL 2013 101.15


CARLO D. COLOSIMO ADMINISTRATIVE HEARINIG-FEB. 270.00

CARLO D. COLOSIMO ADMINISTRATIVE HEARINIG-FEB. 225.00

COMFORT SUITES HOTEL 164.84

DISCOVERY BENEFITS, INC. FSA PARTICIPANT- APRIL 2013 50.00

DREYER MEDICAL CLINIC PRE-EMPLOYMENT TESTS 40.00



FIRST NONPROFIT UNEMPLOYMENT 2ND QUARTER 2013 8,576.25

FOX VALLEY TROPHY & AWARDS NAME BADGES 35.00

HR GREEN, INC. 2013 GENERAL CONSULTATION 33.75

I.U.O.E. LOCAL 150 UNION DUES-4/26/13 301.23

I.U.O.E. LOCAL 150 UNION DUES-4/26/13 188.32

I.U.O.E. PAC UNION DUES-4/26/13 52.00

IDEAL INCENTIVE INC NAME TAGS 69.75

ILLINOIS PUBLIC RISK FUND WORKERS COMP INSURANCE 602.91

INTELLIGENT SOLUTIONS (ISI) CAPERS MAY, JUNE 2013 700.00

INTERACT COPIES-APRIL 2013 76.20



JAMES A AGEMA ENVELOPES 29.74

LEAF KYOCERA LEASE-MAY 2013 60.00


LECLERCQ, BRIAN PYMT CELL PHONE-APRIL 2013 55.00

LUNAFEST PRINT MATERIAL: LUNAFEST 147.92

MERSCH, SUE REFUND: LUNAFEST REGISTRATION 50.00

METRO WEST COUNCIL OF RENEWAL DUES 10,624.00

MUTUAL GROUND CONTRIBUTION: LUNAFEST 1,400.00

OSWEGO POSTMASTER POSTAGE-SUMMER NEWSLETTER 2,000.00

OSWEGO TOWNSHIP REIMBURSEMENT TERM LIFE 53.64

PETTY CASH-CORPORATE PETTY CASH-LUNAFEST 150.00

PETTY CASH-CORPORATE REIMBURSE: POSTAGE 2.06

PETTY CASH-CORPORATE REIMBURSE: POSTAGE 2.06

PETTY CASH-CORPORATE REIMBURSE: WATER 4.52

PETTY CASH-CORPORATE REIMBURSE: SPOONS 6.00

PRESENCE SAINT JOSEPH HOSPITAL QUARTERLY EAP 270.00

REULAND FOOD SERVICE INC FOOD FOR LUNAFEST 1,448.13

RIVERA, ROSEANN OVERPYMT: CAPERS TICKET 20.00

ROBERT HALF INTERNATION, INC. TEMP ADMIN: WK ENDED 04/05/13 799.13

ROBERT HALF INTERNATION, INC. TEMP ADMIN: WK ENDED 04/05/13 (159.82)

STERLING CODIFIERS, INC SUPPLEMENT #23 608.00

TRUSTMARK VOLUNTARY BENEFIT TOWNSHIP INSURANCE-MAY 2013 81.66

TRUSTMARK VOLUNTARY BENEFIT ACCIDENT INSURANCE-MAY 2013 679.76

TRUSTMARK VOLUNTARY BENEFIT ADD'T LIFE INSURANCE-MAY 2013 1,171.38

UNITED AIRLINES ADD'T AIRFARE CHARGE 34.00

VERIZON WIRELESS PHONE BILL: 3/8/13-4/7/13 54.76

VISION SERVICE PLAN VISION INSURANCE-APRIL 2013 207.23

VISION SERVICE PLAN VISION INSURANCE-MAY 2013 58.72

VISION SERVICE PLAN VISION INSURANCE-APRIL 2013 1,228.66

WAREHOUSE DIRECT WASTE CAN LINERS 41.19

WAREHOUSE DIRECT ENVELOPES 10X13 5.74

Corporate Total: 38,554.82

Building & Zoning:





Village of OswegoBill List

May 7, 2013



May 7, 2013

ILLINOIS FIRE INSPECTORS ASSOC REGISTRATION FOR SEMINAR 75.00




KENDALL COUNTY RECORDER LEIN: 316 WATERBURY CIRCLE 49.00

LARIVIERE, PATTY MILEAGE: LUNAFEST 39.64


THOMPSON ELEVATOR INSPECTION INSPECTIONS & CERTIFICATE 50.00


WAL-MART BATTERIES 10.97


Building & Zoning Total: (112.93)

Community Development:


CALL ONE PHONE SERVICE- MARCH 2013 (837.80)



EARTH PAINTS COLLECTION SYSTEM PAINT COLLECTION: ECO 275.00

ELLEN VON OHLEN REIMBURSE: ECO SNACKS 46.28

EVANS, KASEY REIMBURSE:APA CONFERENCE 91.74

FIRST PLACE RENTAL RENTAL: TABLES & CHAIRS 125.40

FRANKINO, JOYCE REIMBURSE: WATER FOR ECO 12.10


ILLINOIS HERITAGE ASSOCIATION MEMBERSHIP RENEWAL 25.00







VESCO REPROGRAPHIC PRINTHEAD CARTRIDGE W/CLEANER 571.68


ZENNER, ROD REIMBURSE: APA CONF 156.96

Community Development 2,077.28

Community Relations:







NORTHERN ILLINOIS TOURISM COOP AD: NORTHERN IL GUIDE 1,589.42

NORTHERN ILLINOIS TOURISM 2 TOLLWAY KIOSKS 2,200.00

OSWEGO CHAMBER OF COMMERCE BUSINESS EXPO-LUNCH 15.00

OSWEGO CHAMBER OF COMMERCE ANNUAL MEETING DINNER 35.00

PREMIER MAILING & PRINTING BUSINESS CARDS 50.00

PREMIER MAILING & PRINTING ENVELOPES/LABELS 700.00

PREMIER MAILING & PRINTING GIVEAWAYS 686.00

PREMIER MAILING & PRINTING GIVEAWAYS 565.00

PREMIER MAILING & PRINTING PRINTING QUILT FEST 300.00

PREMIER MAILING & PRINTING PRINTING COUNTRY MARKET 90.00

PREMIER MAILING & PRINTING PRINTING GIRLS STROLL 60.00

PREMIER MAILING & PRINTING PRINTING QUILT FEST 60.00

PREMIER MAILING & PRINTING PRINTING SHOP LOCAL 125.00

PREMIER MAILING & PRINTING PRINTING ART FAIR 175.00

PREMIER MAILING & PRINTING PRINTING GIRLS STROLL 175.00



WEB LINX INC WEBSITE MAINT-APRIL 2013 175.00

Community Relations Total: 6,856.66

Economic Development:



GADDE, VIJAY MILEAGE REIMBURSEMENT 38.42




May 7, 2013






Economic Development: 88.75

Road and Bridge:

AIRGAS NORTH CENTRAL YEARLY MAINTENANCE LEASE 76.50

ALARM DETECTION SYSTEMS INC QUARTERLY ALARM MONITORING 970.77

ALEXANDER EQUIPMENT COMPANY CHIPPER KNIVES, DRIVE BELT 288.96

ARAMARK/AUCA CHICAGO UNIFORMS SERVICE-MARCH 47.17




BAUER BUILT INCORPORATED 4-REAR RECAPS 1,159.68



COMMONWEALTH EDISON CO 1000 STATION DR: PARK & RIDE 322.37

COMMONWEALTH EDISON CO MASTER STREETLIGHTS 2,482.43

CRESCENT ELECTRIC SUPPLY CO LAMPS 305.04

DUPAGE TOPSOIL, INC. 3 LOADS OF DIRT 240.00

FIRST PLACE RENTAL GRINDER, BLADE, GAS TANK 332.73

FIRST PLACE RENTAL BAR & CHAIN OIL 43.16

FIRST PLACE RENTAL KEROSENE 26.25

FLEETPRIDE 2 TUBES: SYNTHETIC GREASE 29.10

GENUINE PARTS COMPANY-CHICAGO OIL FILTERS 7 AIR FILTERS 456.24

GENUINE PARTS COMPANY-CHICAGO BATTERY 101.45

GENUINE PARTS COMPANY-CHICAGO SUPPORTS, AIR & FUEL FILTERS 243.47

GRAINCO FS, INC. DIESEL GOLD 766.76

GRAINCO FS, INC. GASOLINE 809.34

GRAINCO FS, INC. DIESEL 405.12


GRAINCO FS, INC. GASOLINE 1,325.16

HICKS, SUSAN REIMBURSE: MAILBOX DAMAGE 53.64


HR GREEN, INC. ENGINEER-BIENNIAL BRIDGE INSP 2,395.00



JAMES A AGEMA WELCOME TO OSWEGO ENVELOPES 94.65

JOHN DEERE FINANCIAL PARTS:CHAIN SAW & CUT OFF SAWS 121.62

JOHN DEERE LANDSCAPES, INC. 2 SALT SPREADERS 99.96

JOHN DEERE LANDSCAPES, INC. ROTO DROP SPREADER & KIT 379.00

JUST SAFETY, LTD LENS CLEANING TISSUES & GLOVES 27.70


MEADE ELECTRIC COMPANY, INC TRAFFIC SIGNAL: CLEARED SNOW 4,922.06

MEADE ELECTRIC COMPANY, INC LOCATE: GAS MAIN WORK 115.59




MEADE ELECTRIC COMPANY, INC BYPASS SWITCH SHORTED OUT 1,198.60

MEADE ELECTRIC COMPANY, INC EMERGENCY VEHICLE PREEMPTION 123.20

MORTON SALT, INC ROAD SALT 10,271.11

MURPHY, TINA MAILBOX REIMBURSEMENT 67.77

NATIONAL SEED BAGS OF GRASS SEED 271.00

PETTY CASH-CORPORATE REIMBURSE: MAILING VHS TAPES 19.07

PETTY CASH-PUBLIC WORKS LUNCH-PICKED UP TRUCK 19.48

PRIORITY PRODUCTS, INC. SAW & WRENCH SET 159.90

QUANTZ SMALL ENGINE REPAIR NEW SEAT FOR MOWER 250.00

RIVERVIEW FORD REAR TAIL LIGHT ASSEMBLY 34.82

STANDARD EQUIPMENT COMPANY REPAIR PARTS:STREET SWEEPER 554.86

STANDARD EQUIPMENT COMPANY STREET SWEEPER REPAIR PARTS 282.03

STANDARD EQUIPMENT COMPANY WATER PUMPS 1,679.86

SUPERIOR ASPHALT MATERIALS COLD PATCH 506.34

TELVENT DTN RENTAL WEATHER SYSTEM 269.00

TRAFFIC CONTROL & PROTECTION IR PORTABLE BASE 46.25



May 7, 2013

TRAFFIC CONTROL & PROTECTION POSTS & ANCHORS FOR SIGNS 775.00


WATERFALL, LLC RETURN SAFETY DVD'S 15.78

WEST SIDE TRACTOR SALES CO FUEL FILTER ELEMENTS 146.62

Road and Bridge Total: 37,732.09

Finance:



COMCAST INTERNET & CONNECTION 3,713.77

GRANICUS, INC. BOARD MTG VIDEO-MAY 2013 795.00

HARRIS COMPUTER SYSTEMS USER GROUP MEETING 25.00

IGFOA IGFOA SEMINAR 130.00

IGFOA IGFOA SEMINAR 130.00




JAMES A AGEMA WINDOW ENVELOPES 492.70


PETTY CASH-CORPORATE REIMBURSE: NOTARY 5.00

ROBINSON, BILLIE REIMBURSE: MILEAGE & TOLLS 47.67

SOUND INCORPORATED SERVICE AGREEMENT 430.00

TKB ASSOCIATES, INC. LASERFICHE-ANNUAL MAINT 1,446.00


WAREHOUSE DIRECT CALCULATOR RIBBON 13.97

WAREHOUSE DIRECT RETURNED CALCULATOR RIBBON (10.44)

Finance Total: 7,269.44

Police:

ACTION GRAPHIX OSWEGO POLICE BANNER 45.00

ARTCRAFT & FOREMOST, INC. CUPS W/OPD 205.89

ARTCRAFT & FOREMOST, INC. SAFETY REFLECTIVE LIGHT 265.00

ARTCRAFT & FOREMOST, INC. POST-ITS W/OPD 195.00

ARTCRAFT & FOREMOST, INC. RULERS W/OPD 190.00

ARTCRAFT & FOREMOST, INC. INK PENS W/OPD 190.00

ARTHUR H. BLACK IV BICYCLE TUNE-UP 222.46





ARTHUR H. BLACK IV 2013 TREK POLICE BIKE 1,150.00

CALL ONE PHONE SERVICE-MARCH 2013 1,674.25

CALL ONE PHONE SERVICE-APRIL 2013 1,799.66

CARIBOU COFFEE'S MEAL WHILE AT TRAINING 9.63

CARNITAS DON RAFA MEAL: UNIFORM PICKUP 20.40

CHICAGO BADGE & INSIGNIA CO. NAME TAGS, COLLAR BRASS 300.89

CHICAGO BADGE & INSIGNIA CO. AWARD BARS 22.72

CHILI'S SLEA ACADEMY DAY 42.13

CHIPOTLE MEAL WHILE AT TRAINING 8.50

CINTAS CORPORATION #344 WINTER MAT SERVICE 47.00

CITIBANK (SOUTH DAKOTA) N.A. NUTS, BOLTS, WASHERS 5.89

CONGRESS PLAZA HOTEL LODGING- DEPOSIT FOR TRAINING 196.72

CONGRESS PLAZA HOTEL LODGING WHILE AT TRAINING 184.78

DIETZ, RONALD POLICE COMMISSION MTG-4/4 25.00

DISCOUNT TIRE CO, INC 4 NEW TIRES 376.00

DISCOUNT TIRE CO, INC 4 NEW TIRES 436.00

DISCOUNT TIRE CO, INC 1 NEW TIRE 139.50

DREYER MEDICAL CLINIC RANDOM DRUG SCREENING 10.00






FOOT LOCKER WRESTLING SHOES: ACADEMY 61.60

G.A.T.E. AMERICA, INC. URBAN COLUNTEER TRAINING CLASS 200.00

HILTON SPRINGFIELD LODGING WHILE IN SPRINGFIELD 78.40

HOLIDAY INN EXPRESS HOTELS & LODGING FOR INSTRUCTOR 83.93



May 7, 2013

HOLIDAY INN EXPRESS HOTELS & LODGING FOR INSTRUCTOR 83.93

IDEAL INCENTIVE INC 3 IN 1 DETECTIVE COAT 138.02

ILLINOIS PUBLIC RISK FUND WORKERS COMP INSURANCE 6,280.40

ILLINOIS SECRETARY OF STATE SQ 35 TRANSFER PLATES 132.73

ILLINOIS SECRETARY OF STATE NOTARY APPLICATION FEE-KIPPER 10.00

INTELLIGENT SOLUTIONS (ISI) CAPERS APRIL 2013 350.00


JAMES A AGEMA CRIME PREVENTION NOTICE FORMS 802.40

JAMES A AGEMA WRITTEN WARNING TICKET BOOKS 1,482.40

JAMES A AGEMA LETTERHEAD/STATIONARY 44.05



JERSEY MIKE'S SUBS LUNCH FOR INSTRUCTOR 9.96

JOHNSON, MARK POLICE COMMISSION MTG-4/4 25.00

KENDALL COUNTY ASSOC OF KC CHIEFS LUNCH MEETING 135.00

K-LOG, INC. CHAIRS 1,126.35

KRANTZ PHOTOGRAPHY DEPARTMENT PHOTOS 640.00

LEADS ONLINE LEADS ONLINE 2,238.00



MEIJER PAIR OF WORK BOOTS 90.00

MEIJER REPLACEMENT SHOES 45.00

METRA ROUNDTRIP TO CHICAGO:TRAINING 13.50

MUNICIPAL PARKING RAMP PARKING WHILE IN SPRINGFIELD 5.50

MURRAY, TIM POLICE COMMISSION MTG-4/4 25.00

N M TRIPP INSURANCE AGENCY INC NOTARY BOND-SIKORA 30.00

NATIONAL BUSINESS FURNITURE REPLACEMENT CHAIRS 209.00

P F PETTIBONE & CO. IL CITATION & COMPLAINT TICKET 1,477.50

PAULYS PIZZA MEAL WHILE AT TRAINING 7.05

PETTY CASH-POLICE REIMBURSE: NOTARY FEE 5.00

PETTY CASH-POLICE REIMBURSE: SLEA 29.00

PETTY CASH-POLICE REIMBURSE: FBI NA TRAINING 25.00

PRESENCE SAINT JOSEPH HOSPITAL QUARTERLY EAP 330.00

PREVENTION FIRST DISTRACTED DRIVING SIMULATOR 250.00

QUARTERMASTER ADJUDICATION ATTIRE 146.24



RESCUE ESSENTIALS PATROL TOURNIQUETS 500.00

RESERVE ACCOUNT POSTAGE FOR POSTAGE MACHINE PD 250.00

RESPONSIVE NETWORK SERVICES IT: SERVER MAINT & UPDATES 427.50

RESPONSIVE NETWORK SERVICES IT: COMPUTER ISSUES 142.50

RESPONSIVE NETWORK SERVICES IT: JUNK MAIL 104.50

RESPONSIVE NETWORK SERVICES IT: REPORT ROOM COMPUTER 142.50

RESPONSIVE NETWORK SERVICES IT: SERVER MAINTENANCE 142.50

RESPONSIVE NETWORK SERVICES IT: KEYCARD COMPUTER 228.00

RESPONSIVE NETWORK SERVICES IT: COMPUTER ISSUES 85.50

RESPONSIVE NETWORK SERVICES SERVER MAINT 142.50

RESPONSIVE NETWORK SERVICES CAPERS & INTERNET 95.00

RESPONSIVE NETWORK SERVICES IT: MESSAGE FILTER 133.00

RESPONSIVE NETWORK SERVICES IT: DATA SIZES ON P DRIVE 95.00

RIVERVIEW FORD 37/LOF 27.75



RIVERVIEW FORD 21/LOF, REPL WHEEL HUB 323.90

RIVERVIEW FORD 31/LOF, AIR FILTER 41.96



RIVERVIEW FORD 25/ LOF, REPLACE BATTERY 150.13


RIVERVIEW FORD 21/ AIR FILTER 11.38


RJ KUHN, INC. REPAIR MEN'S URINAL 321.95

SCHNUCK'S GAS WHILE AT TRAINING 48.33

SOUND INCORPORATED SERVICE PLAN 320.00

SOUTHWEST AIRLINES AIRLINE FEE-NEW WORLD CONF 322.80



May 7, 2013

SPORTCO LLC. SHORT & LONG SLEEVE SHIRTS 1,952.00

STEPHEN A LASER ASSOCIATES PUBLIC SAFETY ASSESSMENT 525.00

STERIOTI, FRANK REIMBURSE: BOOTS 125.00

STREICHER'S FLASHLIGHTS 1,450.00

STREICHER'S CHARGE BANKS 720.00

STREICHER'S KELT KEEPERS 71.94

STREICHER'S HANDCUFFS 92.00


STREICHER'S 21" BATON 312.00

STREICHER'S BASKET WEAVE HOLDER 126.99


STREICHER'S EOC EQUIPMENT 242.49

TEAM SALES LTD ACADEMY CLOTHING 165.00

TROTSKY INVESTIGATIVE POLICE APPLICANT POLYGRAPHS 375.00

VERIZON WIRELESS MONTHLY CHARGES 954.14

VISION SERVICE PLAN VISION INSURANCE-APRIL 2013 89.79

VISION SERVICE PLAN VISION INSURANCE-MAY 2013 89.79

WAREHOUSE DIRECT GARBAGE CAN LINERS 117.81

WAREHOUSE DIRECT 2 BOXES SHEET PROTECTORS 19.78

WAREHOUSE DIRECT STAMP 20.35

WAREHOUSE DIRECT BINDERS, ENVELOPES, CUPS 106.70

WAREHOUSE DIRECT TONER 140.70

WAREHOUSE DIRECT ENVELOPES AND SCISSORS 59.06

WAREHOUSE DIRECT DRY ERASE MARKER, LABEL MAKER 97.25

WAREHOUSE DIRECT VARIOUS SUPPLIES 161.98

WAREHOUSE DIRECT EMERGENCY OPS: SUPPLIES 87.54

WAREHOUSE DIRECT EMERGENCY OPS: SUPPLIES 20.47

WAREHOUSE DIRECT CREDIT: SHIPPING CHARGES (68.50)

WAREHOUSE DIRECT DRY ERASE BOARDS & MARKERS 394.28

YANG RESTAURANT MEAL WHILE AT TRAINING 27.75

Police Total: 38,706.92

General Fund Total: 131,173.03

Water & Sewer Fund:

ALARM DETECTION SYSTEMS INC QUARTERLY ALARM MONITORING 291.00

ANDERSEN PLUMBING/HEATING INC WELL 3 PIPING MODIFICATIONS 584.75




ANDERSEN PLUMBING/HEATING INC INSTALL GLOVE VALVE WELL 10 373.10







ARRO LABORATORY INC TOTAL COLIFORM SAMPLES 272.25

ARRO LABORATORY INC COLIFORM SAMPLES 132.00

ARRO LABORATORY INC COLIFORM SAMPLES 132.00

BECKER, WILLIAM OVERPYMT: 357 MAIN 32.61

BOSSLER, MEREDITH OVERPYMT: 440 WINDSOR 83.44

BROST, BRIAN OVERPYMT: 632 SPRINGBROOK TRL 49.58


CALL ONE PHONE SERVICE-MARCH 2013 1,682.33





CITIBANK (SOUTH DAKOTA) N.A. FILE SET & UTILITY KNIFE 11.25

COMMONWEALTH EDISON CO 1613 RT 34-BOOSTER STATION 58.68

COMMONWEALTH EDISON CO 378 OGDEN FALLS WELL 7 798.76

COMMONWEALTH EDISON CO 1585 RT 34: LIGHT ON TOWER 26.57

COMMONWEALTH EDISON CO MASTER LIFT STATION ACCOUNT 415.11

CONSTELLATION NEWENERGY INC 340 S MADISON WELL 3 1,926.00

CONSTELLATION NEWENERGY INC 244 WASHINGTON ST PRV #4 80.24

CONSTELLATION NEWENERGY INC 245 LENNOX DR WELL 6 2,169.89



May 7, 2013

CONSTELLATION NEWENERGY INC 3700 GROVE RD WELL 8 5,180.90

CONSTELLATION NEWENERGY INC 401 CHICAGO RD WELL 4 4,783.21

CONSTELLATION NEWENERGY INC 378 OGDEN FALLS WELL 7 3,182.19

DAROVIC, TOM OVERPYMT- 263 W WASHINGTON 83.40

GATEWAY SERVICES WEB PAYMENT CC PROCESSING 63.60

GENUINE PARTS COMPANY-CHICAGO 2-FUEL FILTERS 40.16

GENUINE PARTS COMPANY-CHICAGO HYDRAULIC FITTINGS 229.80

GENUINE PARTS COMPANY-CHICAGO BULBS, WEATHERSTRIPING 307.21

GENUINE PARTS COMPANY-CHICAGO ALUMINUM POLISH 6.49

GENUINE PARTS COMPANY-CHICAGO COMBINATION BOX LAMP 37.43

GENUINE PARTS COMPANY-CHICAGO TORCH LIGHTER 5.99

GENUINE PARTS COMPANY-CHICAGO RETURNED AIR FILTERS (96.99)

GENUINE PARTS COMPANY-CHICAGO FRONT BRAKE PADS 91.99

GENUINE PARTS COMPANY-CHICAGO FUEL FILTERS 60.24

GENUINE PARTS COMPANY-CHICAGO FUEL FILTERS 37.06

GENUINE PARTS COMPANY-CHICAGO AIR FILTERS 27.80

GENUINE PARTS COMPANY-CHICAGO AIR FILTERS 18.54

GENUINE PARTS COMPANY-CHICAGO OIL FILTER AND AIR FILTER 19.88

GENUINE PARTS COMPANY-CHICAGO SHOP TOWELS 10.76

GRAINCO FS, INC. DIESEL GOLD 937.16


GRAINCO FS, INC. DIESEL 495.14


GRAINCO FS, INC. GASOLINE 1,619.64

GROSSBERG, RICHARD OVERPYMT: 545 DANBURY DR 105.60

H. LINDEN & SONS PAYOUT #3 WATERMAIN RELOCATION 331,677.18

HAWKINS, INC CHLORINE CYLINDERS WELL 7 91.50

HAWKINS, INC LIQUID PHOSPHATE WELL 7 812.06











HAWKINS, INC CHLORINE CYLINDER WELL 6 91.50




HR GREEN, INC. ENGINEER-WATER MAIN RELOCATION 38,841.75

HR GREEN, INC. ENGINEER-WATER MAIN RELOCATION 30,486.92

ILLINOIS PUBLIC RISK FUND WORKERS COMP INSURANCE 1,723.34



JOLLMIER, JOSEPH OVERPYMT- 70 WATERBURY CIRCLE 25.57

KRANE, ELIZABETH OVERPYMT: 200 WOODFORD RD 582.97

LAYNE CHRISTENSEN COMPANY WELL #3 LOWERING 9,850.00



MARLOWE, ROGER & SHERRY OVERPYMT: 409 CAMDEN CT 86.85

MARTIN, DAVID OVERPYMT: 6 PENN CT 51.68

METROPOLITAN INDUSTRIES, INC WORK ON RIVERMIST LIFT STATION 920.00

PATSON, INC. WATER/FUEL HOUSING FOR #11 64.98

PETTY CASH-PUBLIC WORKS REIMBURSE: TOLLS TO SEMINAR 7.20

PETTY CASH-PUBLIC WORKS CERTIFICATE FRAME 17.99

RIVERVIEW FORD REPLACE BROKEN WHEEL WELL 394.00

SECURITY BUILDERS SUPPLY CO. 3 KEYS 9.00

SIGNORELLO REALTY OVERPYMT: 119 OLD POST RD 15.32

SUBURBAN LABORATORIES, INC. COLIFORM SAMPLES 95.00

SUBURBAN LABORATORIES, INC. SYNTHETIC ORGANIC COMPOUND 2,025.00

SUBURBAN LABORATORIES, INC. COLIFORM SAMPLES 335.00

SWORDS, ANGELA OVERPYMT: 347 SPRINGBROOK TRL 114.94



May 7, 2013

T J BAUMGARTNER OVERPYMT: 509 SUDBURY CIRCLE 34.65

TULL, JOANN OVERPYMT: 702 BELLEVUE CIRCLE 31.21

UNITED STATES POSTAL SERVICE POSTAGE: WATER BILLS 4,088.26

USA BLUE BOOK RESIDUAL PACKETS 184.19


VOLUNTARY ACTION CENTER OVERPYMT: GASOLINE EXPENSE 267.89


WAREHOUSE DIRECT COPY STAMP 8.50

WATER REMEDIATION TECHNOLOGY BASE TREATMENT CHARGE 3,396.83








WATER REMEDIATION TECHNOLOGY EXCESS GALLON CREDIT (2,720.41)

WATER REMEDIATION TECHNOLOGY EXCESS GALLON CHARGE 983.17


WATER REMEDIATION TECHNOLOGY EXCESS GALLON CREDIT (553.51)

WATER REMEDIATION TECHNOLOGY EXCESS GALLON CHARGE 534.91




Water & Sewer Fund: 488,032.89

Capital Fund:

CDW GOVERNMENT, INC I PADS & ACCESSORIES 10,885.50

HR GREEN, INC. ENGINEER-MILL RD 3,823.54

RESPONSIVE NETWORK SERVICES MERIDIAN REIMBURSEMENT 1,400.00

RESPONSIVE NETWORK SERVICES UPDATE IP ADDRESSES NETWORK 3,999.50

RESPONSIVE NETWORK SERVICES REVIEWED STATUS:MIGRATION 82.50

Capital Fund: 20,191.04

Agency Fund:

CHAMPION FENCING FENCING: WINE ON THE FOX 672.62

DOBSON, ERIC 2013 MUSICAL ENTERTAINMENT 1,500.00

FRENCH, SAMUAL PERFORMANCE LICENSE FEE 450.00

ILLINI POWER PRODUCTS GENERATORS: WINE ON THE FOX 1,085.00

JMH AUDIO 2013 MUSICAL ENTERTAINMENT 2,106.00

KAMINSKAS, JEFF COPY CAT BAND-WINE ON THE FOX 800.00

KING, SHIRLEY 2013 MUSICAL ENTERTAINMENT 1,500.00

LAMARRE, JEFF 2013 MUSICAL ENTERTAINMENT 400.00

LEGEL, ROGER TRIO BAND:WINE ON THE FOX 500.00

PETTY CASH-CORPORATE PETTY CASH-WINE ON THE FOX 5,000.00

PREMIER MAILING & PRINTING WINE ON THE FOX POSTERS 60.00

PREMIER MAILING & PRINTING WINE ON THE FOX POSTERS 135.00

SDA VILLAGE HALL LANDSCAPE DESIGN 4,100.00

SNAPE, ANTHONY 2013 MUSICAL ENTERTAINMENT 1,000.00

TOM MACPHERSON 2013 MUSICAL ENTERTAINMENT 750.00

Agency Fund: 20,058.62

Subescrow Fund:

HR GREEN, INC. ENGINEER-PRAIRIE MARKET RESUB 360.00

HR GREEN, INC. ENGINEER-SPEEDWAY 180.00

HR GREEN, INC. ENGINEER-AUTUMN LEAVES 510.00


HR GREEN, INC. ENGINEER-SPEEDWAY 825.00

Subescrow Fund: 1,996.50

Grand Total: 661,452.08

AGENDA MEMORANDUM DATE: April 30, 2013 TO: Village President Brian LeClercq and Board of Trustees FROM: Village Clerk, Tina Touchette SUBJECT: Consent Agenda Item for May 7, 2013 Regular Village Board

Meeting. Purpose To decrease the number of Class C liquor licenses as a result of Scotty’s closing. Background Scotty’s, located at 4571 Route 71 has closed. The attached ordinance reduces the number of Class C Retailer’s Liquor Licenses by one. Discussion N/A Funding N/A Recommendation If the Board is satisfied with the terms of the attached ordinance, consideration to waive second read and approve same is sought. Strategic Planning Objective: N/A

100 Parkers Mill • Oswego, IL. 60543 • (630) 554-3618 • Fax: (630) 554-3306 Website: http://www.oswegoil.org

VILLAGE OF OSWEGO KENDALL COUNTY, ILLINOIS

________________________________________________________________

ORDINANCE NO. 13- _____

AN ORDINANCE AMENDING TITLE 3 CHAPTER 7 OF THE CODE OF ORDINANCES FOR THE VILLAGE OF OSWEGO, KENDALL COUNTY, ILLINOIS

Alcoholic Beverages

(Decrease Number of Class C Liquor Licenses by One for the Closing of Scotty’s, 4571 Route 71)

________________________________________________________________

PASSED BY THE VILLAGE BOARD

OF THE VILLAGE OF OSWEGO

This ____ day of May, 2013

________________________________________________________________

Published in pamphlet form by authority of the President and Board of Trustees of the Village of Oswego on May___, 2013.

Draft

Ordinance No. 13 – ____ Page 2

ORDINANCE NO. 13 -- _____

AN ORDINANCE AMENDING TITLE 3 CHAPTER 7 OF THE CODE OF ORDINANCES FOR THE VILLAGE OF OSWEGO, KENDALL COUNTY,

ILLINOIS

Alcoholic Beverages (Decrease Number of Class C Liquor Licenses by One for the Closing of

Scotty’s, 4571 Route 71)

WHEREAS, the Village of Oswego (“Village”) has a population of more than 25,000

and is therefore a “Home Rule Unit” under the 1970 Illinois Constitution; and

WHEREAS, the Illinois Constitution of 1970 provides that a Home Rule Unit may

exercise any power and perform any function pertaining to its government and affairs, including

but not limited to the power to regulate for the protection of the public health, safety, morals and

welfare; to license, to tax; and to incur debt; and

WHEREAS, the Village has in full force and effect a codified set of those ordinances of

the Village which are of a general and permanent nature, which said codified set is known and

designated as the Village Code of the Village of Oswego, as amended; and

WHEREAS, Scotty’s, 4571 Route 71, holds a Class C Liquor License to allow for the

sale of alcohol at their location; and

WHEREAS, Scotty’s, 4571 Route 71, is no longer in business.

NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF

TRUSTEES OF THE VILLAGE OF OSWEGO, KENDALL COUNTY, ILLINOIS, AS

FOLLOWS:

Section 1: To decrease the number of Class C – Retailers Liquor License from

sixteen (16) licenses to fifteen (15) licenses.

Section 2: That Section 3-7-11 of the Village of Oswego Code of Ordinances be

amended as follows:

Draft


3-7-11: NUMBER OF LIQUOR LICENSES: There shall be no more than three (3) Class A licenses in effect at any one time. There shall be no more than seventeen (17) Class B licenses in effect at any one time. There shall be no more than fifteen (15) Class C licenses in effect at any one time. There shall be no more than two (2) Class D licenses in effect at any one time. There shall be no more than three (3) Class E licenses in effect at any one time. There shall be no more than three (3) Class F licenses in effect at any one time. There shall be no more than two (2) Class G license in effect at any one time. There shall be no more than zero (0) Class H license in effect at any one time. There shall be no more than one (1) Class I license in effect at any one time. There shall be no more than zero (0) Class J license in effect at any one time. There shall be no more than one (1) Class K license in effect at any one time.

Section 2: All Ordinances or parts of Ordinances in conflict with the provisions of

this Ordinance are to the extent that such conflicts exist, are hereby repealed.

Section 3: Should any sentence, exception, clause, part or provision of this

Ordinance be declared, by a court of competent jurisdiction, to be invalid; the same shall not

affect the validity of the Ordinance as a whole or any part thereof other than the part declared to

be invalid.

Section 4: This Ordinance shall be in full force and effect from and after its passage

approval and publication is required by law.

Section 5: This Ordinance shall be published in book or pamphlet form as provided

by the Illinois Municipal Code.

PASSED by the Board of Trustees of the Village of Oswego, Kendall County, Illinois

this ___ day of May, 2013.

TONY GILES TERRY MICHELS

GAIL JOHNSON JUDY SOLLINGER

PAM PARR SCOTT VOLPE

APPROVED by me, Brian LeClercq, as Village President of Board of Trustees of the

Village of Oswego, Kendall County, Illinois this _____ day of May, 2013.

____________________________________ Brian LeClercq, Village President

____________________________ Tina Touchette, Village Clerk

Draft


STATE OF ILLINOIS )

) SS COUNTY OF KENDALL ) CLERK'S CERTIFICATE I, Tina Touchette, the duly qualified and acting Village Clerk of the Village of

Oswego, Kendall County, Illinois, do hereby certify that I am the keeper of its books and

records and that the attached hereto is a true and correct copy of an Ordinance entitled:

AN ORDINANCE AMENDING TITLE 3 CHAPTER 7 OF THE CODE OF ORDINANCES FOR THE VILLAGE OF OSWEGO, KENDALL COUNTY,

ILLINOIS

Alcoholic Beverages (Decrease Number of Class C Liquor Licenses by One for the Closing of

Scotty’s, 4571 Route 71)

which Ordinance was duly adopted by said Board of Trustees at a regular meeting held

on the _____ day of May, 2013.

I do further certify that a quorum of said Board of Trustees was present at said

meeting and that the Board complied with all requirements of the Illinois Open Meetings

Act.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of May, 2013.


Village of Oswego (Seal)

Draft

AGENDA MEMORANDUM DATE: April 30, 2013 TO: Village President Brian LeClercq and Board of Trustees FROM: Michele Brown, Community Relations Manager SUBJECT: 2013/2014 Village of Oswego Quarterly Newsletter Purpose: The purpose of this memo is to acquire the Village Board’s approval for the 2013/2014 Village of Oswego Quarterly Newsletter design, print and distribution. Background: The Village of Oswego has been printing a quarterly newsletter for the past 10 or more years. At a recent Village Board Meeting, the Village Board indicated that they would like to continue to print and distribute the quarterly newsletter for the next year. Discussion: The Community Relations Department recently contacted nine (9) printing companies in and around Oswego to provide quotes for the 2013/2014 Quarterly Newsletter. We received five (5) quotes by the deadline. The following quotes were provided. Sir Speedy 526 W. Fifth Street Naperville, IL

$5,415. 00 per issue

The Strathmore Company 2000 Gary Lane Geneva, IL

$2,886.00 per issue

Quik Impressions Group 1385 Jeffrey Drive Addison, IL

$3276.12 per issue

Kreativ Edge Oswego, IL

$3,999.00 per issue

Kelmscott Communications 1665 Mallette Rd. Aurora, IL

$3858.67 per issue


2013/2013 Village Newsletter April 30, 2013 2 | P a g e Funding: The Quarterly Newsletter is funded in the FY14 Budget; however, the advertising usually offsets the cost by about half of the cost per issue. Strategic Plan Relevance: N/A Recommendation: Staff recommends approving the lowest quote in the amount of $2,886.00 per issue to The Strathmore Company.

100 Parkers Mill • Oswego, IL. 60543 • (630) 554-3618 • Fax: (630) 554-3306

Website: http://www.oswegoil.org

AGENDA MEMORANDUM

DATE: May 7, 2013 TO: Village President Brian LeClercq and Board of Trustees FROM: Mark G. Horton, Finance Director SUBJECT: Consent Agenda Item #5 for May 7, 2013 Village

Board Meeting

Purpose Approve Fiduciary Agreement between the Village of Oswego and the KENDALL COUNTY COOPERATIVE POLICE ASSISTANCE TEAM TASK FORCE

Background The Village of Oswego has informally been a resource for the Task Force for a number of years acting as a pass through agency for funding for the Task Force. Due to new regulations, the Task Force must now have a formal agreement with a local government to act as a fiduciary to receive funding for the Task Force.

Discussion The attached agreement establishes the relationship between the Village and the Task Force. In the simplest of terms, the Village will accept cash and other monies for the Task Force and direct these receipts to the Task Force bank account.

Funding None

Strategic Plan Relevance

S.P.O. # 5.3.1 Invest in intergovernmental relationships

Recommendation Approve the agreement

http://www.oswegoil.org/

RESOLUTION 13-R-___

A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO AN AGREEMENT WITH KENDALL COUNTY COOPERATIVE POLICE

ASSISTANCE TEAM TASK FORCE (TASK FORCE) WHEREAS, the Village of Oswego , Illinois (the “Village”) is an Illinois home-rule municipality pursuant to provisions of Article VII, Section 6 of the Illinois Constitution, 1970, and as such the Village may exercise any power or perform any function pertaining to its government and affairs; and WHEREAS, the Village has been requested to act as a fiduciary agent for the Task Force; and WHEREAS, the Village of Oswego desires to foster intergovernmental relationships; and

WHEREAS, the Village of Oswego finance department does not believe the activities to be performed per the agreement with the Task Force create any additional burden on existing staff. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OSWEGO, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. The Village President and Board of Trustees of the Village of Oswego, Illinois, that the Village Finance Director is authorized and directed to enter into an agreement with the Task Force as set forth in Exhibit A, attached hereto and made a part hereof by reference. SECTION 2. REPEALER Upon its passage and acceptance, this Resolution shall supersede all Resolutions, agreements, or motions, or parts of any Resolutions, agreements or motions in conflict with any part of the provisions of this Resolution herein, and any such Resolutions, agreements or motions or part thereof shall be hereby repealed. SECTION 3. SEVERABILITY This Resolution and every provision thereof shall be considered severable. In the event that any court of competent jurisdiction may find and declare any word, phrase, clause, sentence, paragraph, provision or section or part of a phrase, clause, sentence, paragraph, provision or

Draft

section of this Resolution as void or unconstitutional, the remaining words, phrases, clauses, sentences, paragraphs and provisions and parts of phrases, clauses, sentences, paragraphs, provisions and sections not ruled void or unconstitutional shall continue in full force and effect. SECTION 4. EFFECTIVE DATE This Resolution shall be in full force and effect from and after its passage and upon acceptance by Kendall County Cooperative Police Assistance Team Task Force. PASSED this _____ day of ____________, 2013 with said vote being:

TONY GILES _______ GAIL JOHNSON _______

PAM PARR _______ JUDY SOLLINGER _______

TERRY MICHELS _______ SCOTT VOLPE _______

APPROVED by me, Brian LeClercq, as President of the Village of Oswego, Kendall County, Illinois this ____day of ______________, 2013. Brian LeClercq, Village President ATTEST: Tina Touchette, Village Clerk

Draft

EXHIBIT A

FIDUCIARY AGENCY AGREEMENT

This fiduciary agency agreement is entered into by the VILLAGE OF OSWEGO, hereinafter referred to as “LOCAL AGENCY” and KENDALL COUNTY COOPERATIVE POLICE ASSISTANCE TEAM TASK FORCE, hereinafter referred to as “TASK FORCE”, with its offices at TASK FORCE OFFICE LOCATION and the LOCAL AGENCY, with its principal offices at 100 Parker’s Mill Road, Oswego, Illinois 60543-5104. WHEREAS, TASK FORCE designates LOCAL AGENCY to be the “Fiduciary Agency” for receipt of certain funds of the TASK FORCE, which funds will be transferred to the TASK FORCE for use in the Program as further described in this Agreement. NOW, THEREFORE, BE IT AGREED by and between TASK FORCE and the LOCAL AGENCY as follows: LOCAL AGENCY may receive local, state and federal grant funds for TASK FORCE, and TASK FORCE will follow the current procurement policies and procedures of the LOCAL AGENCY. LOCAL AGENCY will be responsible for retention of records specific to those funds and for conducting the appropriate audit(s) of TASK FORCE’s bank accounts. The issuing of checks, payment of bills may be conducted by the LOCAL AGENCY, or by a mechanism deemed to be mutually acceptable by both the LOCAL AGENCY and the TASK FORCE. Additionally, the bank accounts maintained would include state and federal drug and money laundering seized funds accounts, as well as other accounts holding monies on behalf of the TASK FORCE. For the purpose of this agreement the “Purchaser” may be either the Fiduciary Agency or a designated member of the TASK FORCE as determined by the LOCAL AGENCY and the TASK FORCE Policy Board. SECTION 1. “PROGRAM”

A. Covert and overt investigations concerning individuals engaged in illicit criminal activities in the TASK FORCE GEOGRAPHIC AREA with specific emphasis on drug enforcement and money laundering activities;

B. Development of intelligence data regarding criminal activity;

C. Assist local, state, county and federal agencies with case development for those

investigations that are beyond the capabilities of the requesting agency and/or those investigations that indicate high to mid-level drug trafficking organization criminal enterprises.

SECTION 2. PERIOD OF PERFORMANCE AND COSTS INCURRED The period of performance of this agreement shall begin upon the execution of this agreement by the Director of the Illinois State Police and shall terminate upon dissolution of the TASK FORCE, or upon written notice made by either the LOCAL AGENCY or the TASK FORCE. For purposes of this Agreement, START DATE is defined as the date that all parties have executed this Agreement. In all cases of dissolution, all parties will give sixty (60) days written notice as

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to the dissolution of this agreement. This agreement shall be reviewed by the LOCAL AGENCY and the TASK FORCE annually, to begin one year after START DATE. Costs incurred before the execution date of this agreement may be charged to this agreement if incurred during the period of performance, and the LOCAL AGENCY performed in accordance with the terms and conditions of this agreement. TASK FORCE shall not be responsible for costs incurred before or after the period of performance of this agreement. SECTION 3. PAYMENT TASK FORCE shall reimburse all reasonable costs incurred by LOCAL AGENCY in providing its administration and financial services, including all audit service fees and bank charges incurred by LOCAL AGENCY related to the Program. On a monthly basis, LOCAL AGENCY shall submit invoices to the TASK FORCE, which itemize all expenses for which the LOCAL AGENCY seeks reimbursement from TASK FORCE. Upon request, LOCAL AGENCY shall provide receipts and all other necessary information to TASK FORCE so that TASK FORCE may verify the type of expenses incurred and the total cost of said expenses. The maximum amount of funds payable will be the usual and customary costs associated with these types of services in accordance with the terms and conditions of this agreement. SECTION 4. INCOME All income, including income resulting from asset seizures or forfeitures, generated as a direct result of the program, shall be deemed Program Income. Program Income must be used for the purposes and under the conditions applicable by federal law and to the use of grant funds. Program Income may be retained by the LOCAL AGENCY for any purpose that furthers the objectives of the TASK FORCE, with the consent of the TASK FORCE Policy Board. Otherwise, the Program Income shall be transferred to the TASK FORCE which hereby covenants to LOCAL AGENCY that it shall use the funds received from LOCAL AGENCY in full compliance with state and federal laws, rules and regulations, as well as any grant requirements. The LOCAL AGENCY shall report and account for such Program Income as required by TASK FORCE Policy Board. SECTION 5. REPORTING AND EVALUATION REQUIREMENTS Unless required on a more frequent basis by TASK FORCE Policy Board, the LOCAL AGENCY shall submit, or cause to be submitted, the following reports to the TASK FORCE Policy Board on a quarterly basis, with quarters beginning at the start of the calendar year, by the thirtieth (30th) day of each month following the previous quarter:

• fiscal reports detailing financial expenditures for the previous quarter; and, • any other reports specified by TASK FORCE.

The LOCAL AGENCY is further required to submit, or cause to be submitted, a final financial status report within sixty (60) days following termination of the program, the content and form of which will be determined by the TASK FORCE Policy Board. SECTION 6. MAINTENANCE OF RECORDS The LOCAL AGENCY agrees to retain, or cause to be retained, financial and program records for: 1) three (3) years after the date of the expiration of this agreement, or 2) three (3) years after the closure of the LOCAL AGENCY’s most recent audit report, or 3) the period established by the most current record retention guidelines for state records as set forth by the Office of Secretary of State, State Records Commission, whichever is greater. The LOCAL AGENCY shall maintain, for the applicable period, adequate books, records, and supporting documents to

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verify the amounts, recipients, and uses of all disbursements of funds passing in conjunction with this agreement; the agreement and all books, records, and supporting documents related to the agreement shall be available for review and audit by the Auditor General, federal awarding agency personnel, TASK FORCE, or any person duly authorized by TASK FORCE; and the LOCAL AGENCY agrees to cooperate fully with any audit conducted by the Auditor General, the federal awarding agency, TASK FORCE or any person duly authorized by TASK FORCE, and to provide full access to all relevant materials. If any litigation, claim, negotiation, audit, review, or other action involving the records has been started before the expiration of the applicable retention period, the records must be retained until the completion of the action and resolution of all issues that arise from it or until the end of the applicable retention period, whichever is later. SECTION 7. INSPECTION AND AUDIT As required by revised Office of Management and Budget Circular A-133 "Audits of States, Local Governments, and Non-Profit Organizations," the LOCAL AGENCY agrees to provide for an independent audit of its activities. Audits shall be made annually, unless A-133 allows the LOCAL AGENCY to undergo biennial audits. Audits shall be made in accordance with the Illinois statutes regarding auditing of villages, and to the extent applicable the General Accounting Standards for Audit of Governmental Organizations, Programs, Activities and Functions, the Guidelines for Financial and Compliance Audits of Federally Assisted Programs, any compliance supplements approved by the Office of Management and Budget, and generally accepted auditing standards established by the American Institute of Certified Public Accountants. Copies of all audits must be submitted to the TASK FORCE Policy Board no later than 9 months after the close of the Fiduciary Agency’s audit period. Known or suspected violations of any law encountered during audits, including fraud, theft, embezzlement, forgery, or other serious irregularities, must be immediately communicated to the TASK FORCE Policy Board and appropriate federal, State, and local law enforcement officials. The LOCAL AGENCY agrees to develop and maintain a record-keeping system to document all agreement related activities and expenditures. These records will act as the original source material for compilation of the data required for reporting to the TASK FORCE. TASK FORCE, the Illinois State Police, the Illinois Auditor General, the Illinois Attorney General and the Kendall County State’s Attorney’s Office shall have reasonable access to , all relevant books, documents, papers, and records of the LOCAL AGENCY, and to relevant books, documents, papers and records of subcontractors, for purposes of monitoring, auditing and examining. TASK FORCE agrees to make payment to the LOCAL AGENCY for the audit as determined by the LOCAL AGENCY and the TASK FORCE Policy Board. The maximum amount of funds payable will be the usual and customary costs associated with these types of services in accordance with the terms and conditions of this agreement. SECTION 8. CLOSE-OUT REQUIREMENTS Within sixty (60) days of the expiration date of this agreement or any approved extension thereof the following documents must be submitted by the LOCAL AGENCY to TASK FORCE: (a) final financial status report; (b) property inventory report; (c) any refund of unexpended funds and (d) other documents required by TASK FORCE. Upon completion of the closeout of any

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grants, remaining unexpended funds will be returned to the grant authority upon their request. SECTION 9. INSURANCE LOCAL AGENCY will obtain and continue in force, during the term of this Agreement; all insurance as set forth below. Each insurance policy shall not be cancelled or changed without thirty (30) days prior written notice, given by the insurance carrier to TASK FORCE and failure to do so shall not release the insurer, its agents, or representatives from obligation or liability of any kind. TASK FORCE shall be named additional insured under the certificate. Before starting work hereunder, LOCAL AGENCY shall deposit with TASK FORCE a certificate evidencing the insurance it is to provide hereunder: (a) Worker’s Compensation and Occupational Disease Disability insurance, in compliance with the laws of the jurisdiction where the work is being performed, (b) General liability insurance in the amount of $1,000,000 per occurrence, (c) Comprehensive automobile liability insurance in the amount of $1,000,000 combined single limit, (d) Excess liability insurance with a combined single limit of $1,000,000 for each occurrence, with a $1,000,000 aggregate. SECTION 10. PROCUREMENT REQUIREMENTS, REQUESTS FOR PROPOSALS, CONFLICTS OF INTEREST All procurement transactions made by LOCAL AGENCY on behalf of the TASK FORCE shall be conducted by utilizing the LOCAL AGENCY’s procurement procedures in a manner to provide, to the maximum extent practical, open and free competition. The LOCAL AGENCY must use procurement procedures that adhere to all applicable laws, executive orders and federal guidelines. The LOCAL AGENCY shall also adhere, and assure that its contractors and subcontractors adhere, to all applicable certification and disclosure requirements of the Illinois Procurement Code, the Illinois Municipal Code, the LOCAL AGENCY’s ordinances and policies, the TASK FORCE’s policies, and all other applicable local, state and federal laws, regulations and ordinances. The LOCAL AGENCY shall follow its established procurement process if it adheres to applicable federal guidelines, and the following requirements. If the LOCAL AGENCY’s established procurement process is less competitive than the following requirements, the following more competitive requirements must be adhered to in lieu of the LOCAL AGENCY’s procurement process. • For procurements of $100,000 or less, the LOCAL AGENCY must solicit quotes or bids from

at least three sources. • For procurements over $100,000, the LOCAL AGENCY must formally advertise the

proposed procurement through an Invitation for Bids (IFB), or a Request for Proposals (RFP) process.

All procurements over $100,000, that involve the use of federal or matching funds, must be submitted by the LOCAL AGENCY to TASK FORCE for review and written approval prior to their issuance. In addition, TASK FORCE reserves the right to request that any RFP or IFB, regardless of its dollar amount, be submitted to the TASK FORCE for review and approval prior to its issuance. In addition, the LOCAL AGENCY shall notify and submit for approval to TASK FORCE any other relevant procurement documents including but not limited to Request For Information (RFI). As required by the TASK FORCE, the LOCAL AGENCY shall submit documentation regarding its procurement procedures and grant-funded purchases for TASK FORCE review and

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approval, to assure adherence to applicable federal guidelines. For the purpose of this agreement, the LOCAL AGENCY may allow for procurement transactions to be made on behalf of the TASK FORCE by TASK FORCE personnel identified by the TASK FORCE Policy Board. All transactions of this nature must follow the procurement procedures agreed upon between the LOCAL AGENCY and the TASK FORCE Policy Board, ensuring those agreed upon procedures are restrictive enough to adhere to the above restrictions SECTION 11. ASSIGNMENT The LOCAL AGENCY shall make no assignment or transfer of this agreement, any subcontract under this agreement or of any of the monies due hereunder without prior written approval of TASK FORCE. In the event that TASK FORCE approves such an assignment or transfer, the terms and conditions of this agreement shall apply to and bind the party or parties to whom such work is assigned or transferred as fully and completely as the LOCAL AGENCY is bound and obligated. SECTION 12. SUBCONTRACTING The use of subcontractors for any work or professional services that involves the use of federal or matching funds is subject to TASK FORCE approval. Any work or professional services subcontracted for shall be specified by written contract and subject to all terms and conditions contained in this agreement. If the use of subcontractors is approved by TASK FORCE, the terms and conditions of this agreement shall apply to and bind the party or parties to whom such work is subcontracted as fully and completely as the LOCAL AGENCY is bound and obligated. The LOCAL AGENCY shall make reasonable efforts to assure that all subcontractors adhere to the terms and conditions of this agreement. LOCAL AGENCY shall also ensure that the following provisions are included in all agreements with subcontractors who perform any work or professional services under the terms of this agreement:

A. Prevailing Wage. To the extent that this Agreement calls for the construction, demolition, maintenance and/or repair of a “public work” as defined by the Illinois Prevailing Wage Act, 820 ILCS 130/.01 et seq. (“the Act”), such work shall be covered under the Act. The Act requires contractors and subcontractors to pay laborers, workers and mechanics performing covered work on public works projects no less than the “prevailing rate of wages” (hourly cash wages plus fringe benefits) in the county where the work is performed. For information regarding current prevailing wage rates, please refer to the Illinois Department of Labor’s website at: http://www.state.il.us/agency/idol/rates/rates.html. All contractors and subcontractors rendering services under this Agreement must comply with all requirements of the Act, including, but not limited to, all wage, notice and record-keeping duties.

B. Waiver of Lien. Subcontractor hereby waives any claim of lien against subject premises on behalf of the LOCAL AGENCY, the TASK FORCE, and their respective boards, elected officials, insurers, employees and agents, Upon completion of the project and as a condition prior to payment in full, Subcontractor shall tender to LOCAL AGENCY a final waiver of lien for all subcontractors and/or suppliers.

C. Drug Free Workplace. Subcontractor and its consultants, employees, contractors, subcontractors, and agents agree to comply with all applicable provisions of the Substance Abuse Prevention on Public Works Act, 820 ILCS 265/1 et seq. and the Illinois Drug Free Workplace Act, 30 ILCS 580/1 et seq.

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http://www.state.il.us/agency/idol/rates/rates.html

D. Background Checks. Subcontractor shall exercise general and overall control of its officers, employees. Subcontractor agrees that no one shall be assigned to perform services for the TASK FORCE unless Subcontractor has completed a criminal background investigation for each individual to be performing services for the TASK FORCE. In the event that the individual’s criminal background investigation reveals that the individual has a conviction record that has not been sealed, expunged or impounded under Section 5.2 of the Criminal Identification Act, Subcontractor agrees that the individual shall not be assigned to perform work for the TASK FORCE absent prior written consent from the TASK FORCE. TASK FORCE, at any time, for any reason and in TASK FORCE’s sole discretion, may require the Subcontractor and/or Subcontractor’s consultants, and/or subcontractors to remove any individual from performing any further work under this Agreement.

E. Certification. Subcontractor certifies that Subcontractor, its parent companies, subsidiaries, and affiliates are not barred from entering into this Agreement as a result of a violation of either 720 ILCS 5/33E-3 or 5/33E-4 (bid rigging or bid rotating) or as a result of a violation of 820 ILCS 130/1 et seq. (the Illinois Prevailing Wage Act). F. Indemnification. Subcontractor agrees to indemnify, defend with counsel of TASK FORCE’S own choosing, and hold harmless the TASK FORCE, its past, present and future board members, officers, members, employees and agents from and against all claims, liabilities, obligations, expenses and costs, including reasonable attorneys’ fees and other expenses which are based on, or arise out of the subcontractor’s negligent or willful acts or omissions.

TASK FORCE shall not be responsible for the performance, acts or omissions of any subcontractor. Subcontracts over $100,000 that are funded with federal or matching funds must be submitted by the LOCAL AGENCY to TASK FORCE for review and approval prior to their effective dates and execution by the LOCAL AGENCY. In addition, TASK FORCE reserves the right to require that any subcontract funded with federal or matching funds, regardless of its dollar amount, be submitted to TASK FORCE for review and approval prior to its effective date and execution by the LOCAL AGENCY. As required by TASK FORCE, the LOCAL AGENCY shall submit documentation regarding contracts to be funded with federal or matching funds for TASK FORCE review and approval, to assure adherence to applicable federal guidelines. Approval of the use of subcontractors by TASK FORCE does not relieve the LOCAL AGENCY of its obligation to assure performance under this agreement. SECTION 13. INDEPENDENT CONTRACTOR The LOCAL AGENCY, in the performance of this agreement, shall act as an independent contractor and not as an agent or employee of TASK FORCE. SECTION 14. INDEMNIFICATION TASK FORCE shall not be responsible for the performance, acts or omissions of the LOCAL AGENCY. The LOCAL AGENCY shall be liable, and agrees to be liable for, and shall indemnify, defend with counsel of the TASK FORCE’s own choosing and hold TASK FORCE, its board members, officers, employees, and agents harmless for all claims, suits, demands, judgments,

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damages, and costs including reasonable attorneys’ fees and expenses of defense arising from the LOCAL AGENCY’S performance of this agreement and LOCAL AGENCY’s negligent or willful acts and omissions in its performance of this Agreement, to the extent permitted by law. LOCAL AGENCY shall not be responsible for the performance, acts or omissions of the TASK FORCE. The TASK FORCE shall be liable, and agrees to be liable for, and shall indemnify, defend and hold LOCAL AGENCY harmless for all claims, suits, demands, judgments, damages and costs including reasonable attorneys’ fees and expenses of defense arising from the TASK FORCE’S performance of this agreement and the TASK FORCE’s negligent or willful acts and omissions in its performance of this Agreement, to the extent permitted by law. SECTION 15. CHOICE OF LAW AND VENUE This Agreement shall be construed in accordance with the law and Constitution of the State of Illinois. If any provision is invalid for any reason, such invalidations shall not render invalid other provisions which can be given effect without the invalid provision. The parties agree that the venue for any legal proceedings between them shall be the Circuit Court of Kendall County, Illinois, Twenty-Third Judicial Circuit, State of Illinois. SECTION 16. NOTICE. Any notice required or permitted to be given pursuant to this Agreement shall be duly given if sent by certified mail or courier service and received, in the case of notice to LOCAL AGENCY, Attention: Village Finance Director, 100 Parker’s Mill Road, Oswego, Illinois 60543-5104. And, in the case of Task Force, Kendall County State’s Attorney’s Office, 807 West John Street, Yorkville, IL 60560. SECTION 17. CONFLICT OF INTEREST The LOCAL AGENCY agrees to comply with applicable provisions of the Illinois Procurement Code (30 ILCS 500/1-1, et seq.) prohibiting conflicts of interest, and all the terms, conditions and provisions of the code apply to this agreement and are made a part of this agreement the same as though they were incorporated and included herein. No employee, officer or agent of the LOCAL AGENCY shall participate in the selection, or in the award or administration of, a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. The LOCAL AGENCY shall establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others. SECTION 18. FIDUCIARY AGENCY COMPLIANCE The LOCAL AGENCY and TASK FORCE agree to comply with all applicable laws, regulations, and guidelines of the State of Illinois, the Federal Government and the Authority in the performance of this agreement, including but not limited to:

The Omnibus Crime Control and Safe Streets Act of 1968, as amended; Anti-Drug Abuse Act of 1988; Bureau of Justice Assistance’s Byrne Formula Grant Program Guidance document; and Program Guidelines for the Drug Control and System Improvement Formula Grant Program (53 FR 52244 et seq., effective December 27, 1988).

The Office of Justice Programs' Financial Guide; Office of Management and Budget

Circulars A-87, A-102, A-110, A-122, and A-133; Illinois Grant Funds Recovery Act (30 ILCS 705); Illinois Procurement Code (30 ILCS 500/1-1 et seq.); State Comptroller Act

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(15 ILCS 405/1 et seq.); and rules of the Authority (20 Ill. Adm. Code 1520 et seq.).

The provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 38, Equal Treatment for Faith-Based Organizations; Part 42, Non-Discrimination/Equal Employment Opportunity Policies and Procedures; Part 61,; Part 63, Part 66, Uniform administrative requirements for grants and cooperative agreements to State and local governments; Part 67, Government wide Debarment and Suspension (Nonprocurement); and Part 69, New Restrictions on Lobbying; Part 70, Uniform administrative requirements for grants and agreements (including subawards) with institutions of higher education, hospitals and other non-profit organizations; Part 83, Government-wide requirements for drug-free workplace (Grants).

OMB Circular A-102 “Grants and Cooperative Agreements with State and Local Governments,” revised October 7, 1994.

OMB CircularA-133 “Audits of States, Local Governments and Nonprofit Institutions,” revised June 30, 1997 (codified at CFR Part 66 and Part 70).

Section 8136 of the Department of Defense Appropriations Act of 1988 (P.L. 100-463,

effective October 1, 1988). Intergovernmental Cooperation Act of 1968, 42 U.S.C. 4201 et seq. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42

U.S.C. pars. 4601 et seq. Hatch Political Activity Act of 1940, as amended, 5 U.S.C. pars. 1501 et seq. Demonstration Cities and Metropolitan Development Act of 1966, 42 U.S.C. pars. 3301

et seq. Federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. pars. 201 et seq.

All applicable provisions of the Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act, the Age Discrimination in Employment Act, Section 504 of the Federal Rehabilitation Act, and all applicable rules and regulations.

The following acts relating to the sharing of forfeited assets: 720 ILCS 5/36-1 through 36-4, 720 ILCS 5/37-1 through 37-5, 720 ILCS 550/12, 720 ILCS 570/505, 720 ILCS 600, 725 ILCS 150.

Such rules and regulations as the Department of State Police establish pursuant to

Section 5 of the Intergovernmental Drug Laws Enforcement Act, 30 ILCS 715/5, and the Illinois Law Enforcement Information Network (ILEIN).

The rules of the Department of State Police regulating the Intergovernmental Drug Laws

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Enforcement Act (20 Ill. Adm. Code 1220 et seq.).

SECTION 19. CONFIDENTIALITY OF INFORMATION To the extent permitted by law, the LOCAL AGENCY agrees not to use or reveal any privileged or confidential information furnished under this program by any person and identifiable to any specific private person for any purpose other than the purpose for which such information was obtained in accordance with this program and all applicable federal guidelines and legislation. The LOCAL AGENCY shall adhere to all confidentiality provisions of 42 U.S.C. 3789(g) and 28 CFR Part 22, applicable to the collection, use, and revelation of data or information. As applicable, the LOCAL AGENCY agrees to protect the confidentiality of narcotic related intelligence and investigative information and to maintain the security of such information. The LOCAL AGENCY certifies that it shall take full responsibility and will be accountable for narcotic-related intelligence and investigative information collected, maintained and disseminated as a result of the program and that program personnel will comply with all standards set forth in this agreement. As applicable, all program personnel shall comply with the obligations for confidentiality and dissemination of narcotic-related intelligence and investigative information placed on inspectors for the Department of State Police by the Department's rules of Conduct (20 Ill. Adm. Code 1220.130(h)), by the Department's internal operating procedures (DCI OPS 9 Dissemination of Narcotic-Related Information to Other Agencies, August 15, 1979; MDI-26 Dissemination of Intelligence and Investigative Information, June 15, 1981), U.S. Department of Justice Criminal Intelligence Operating Policies, F.R., vol. 43, no. 127, June 30, 1978, and by such other rules of the Department or the Authority as may hereafter be adopted. SECTION 20. FEDERAL TAXPAYER IDENTIFICATION NUMBER Under penalties of perjury, the LOCAL AGENCY certifies that the name, taxpayer identification number, and legal status listed below are correct: Name: Village of Oswego, Kendall County, Illinois, an Illinois Municipal Corporation. Taxpayer Identification Number:

Employer Identification Number xx

Legal Status (check one): Individual X Governmental Sole Proprietor Nonresident Alien

Partnership/Legal Corporation _______ Estate or trust Tax-exempt Pharmacy (Non-Corp.) Corporation providing or billing Pharmacy/Funeral Home/Cemetery

medical and/or health care services Other: ____________________________

Corporation NOT providing or billing medical and/or health care services

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SECTION 21. TRANSPARENCY ACT COMPLIANCE The LOCAL AGENCY agree to comply with any and all requirements of 2 C.F.R. §33.200 that are imposed on recipients of federal funds by the Federal Funding Accountability and Transparency Act of 2006. The Fiduciary Agency and Program Agency agree to comply with the following:

a) To acquire and use a DUNS (Data Universal Numbering System) number. The DUNS number shall be procured from Dun and Bradstreet, Inc online at www.dunandbradstreet.com or by calling 1-866-705-5711. Local Agency’s DUNS Number:________________________________

Task Force’s DUNS Number:________________________________

b) To maintain a current registration in the Central Contractor Registration (CCR) database. The Fiduciary Agency must update or renew their CCR registration at least once per year to maintain an active status. Information about registration procedures can be accessed at www.ccr.gov or by calling 1-888-227-2423. The Local Agency’s CCR registration is valid until:_____________________________

The Task Force’s CCR registration is valid until:________________________________

c) Shall provide the Authority with their Commercial And Government Entity (CAGE) Code. The CAGE Code request process is incorporated into the CCR registration. Local Agency’s CAGE Code:________________________________

Task Force’s CAGE Code:________________________________ d) The Fiduciary Agency and TASK FORCE further agree that all agreements entered into with subgrantees or contractors, shall require compliance by the subgrantee or contractor with the Federal Funding Accountability and Transparency Act of 2006 and all requirements of 2 C.F.R. §33.200 including obtaining a DUNS number and maintaining registration with the CCR. The acquisition of a DUNS number and registration with the CCR database is not required of subgrantees and contractors who are individuals.

SECTION 22. RENEGOTIATION, MODIFICATION, OR AMENDMENT OF THE INTERAGENCY AGREEMENT No alteration, variation, modification, termination, addition to or waiver of any provisions of this agreement shall be valid or binding unless in writing, and signed by the parties. For purposes of modification of this agreement which do not involve increases or decreases in funding, the signature of one representative of the Fiduciary Agency is sufficient. The parties agree to renegotiate, modify, or amend this agreement to ensure continued consistency with federal and State laws, and regulations. SECTION 23. INTEGRATION This document and any exhibits, amendments, and items incorporated by reference constitute the entire agreement between the parties pertaining to the subject matter of this agreement and supersede all prior and contemporaneous agreements and understandings of the parties, oral or

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written, which are not fully expressed herein. No alleged covenant, representation, or condition not expressed in this agreement shall affect or be effective to interpret, change or restrict the express provisions of this agreement. SECTION 24. SEVERABILITY If any term or provision of this agreement is held invalid, unenforceable, voidable or void, that term or provision shall not affect the other terms or provisions of this agreement which can be given effect without the invalid term or provision. SECTION 25. TERMINATION OR SUSPENSION OF THE INTERAGENCY AGREEMENT The Commander of TASK FORCE may suspend or terminate performance of this agreement for nonconformance with any State or federal law or regulation, with such guidelines as specified in this section, or with the terms or conditions of this agreement. SECTION 26. FAILURE TO FILE IN A TIMELY FASHION. In order to preclude the possibility of lapsing of funding, TASK FORCE is requiring the timely filing of all required reports. Reports shall include but are not limited to, quarterly fiscal reports, quarterly progress reports and all reports included in the closeout materials. The quarterly fiscal and progress reports are due to the TASK FORCE not more than thirty (30) days after the end of the quarter unless another reporting schedule has been required or approved by TASK FORCE. The final date for submission for all of the closeout material reports is sixty (60) days after the end of the grant period. SECTION 27. REPORTING GRANT IRREGULARITIES The LOCAL AGENCY shall immediately notify TASK FORCE when an allegation is made, or the LOCAL AGENCY otherwise receives information, reasonably tending to show the possible existence of any irregularities or illegal acts in the administration of grant funds. TASK FORCE, per its agency policy, shall determine the reasonableness of the allegation of the irregularities or illegal action and determine the appropriate course of action. Possible actions would include conducting an internal audit or other investigation or contacting the proper authorities. Illegal acts and irregularities shall include but are not limited to such matters as conflicts of interest, falsification of records or reports both data, fiscal and programmatic, and the misappropriation of funds or other assets. Failure to report known irregularities can result in suspension of the Fiduciary Agreement or other remedial action. In addition, if the Fiduciary agency’s auditor or other staff becomes aware of any possible illegal acts or other irregularities prompt notice shall be given to the LOCAL AGENCY Chief of Police/Sheriff. The LOCAL AGENCY, in turn, shall promptly notify TASK FORCE as described above of the possible illegal acts or irregularities. If the possible misconduct involves the LOCAL AGENCY’s Chief, Agency staff member shall provide immediate notice directly to TASK FORCE. SECTION 28. SPECIAL CONDITIONS- REPORTING POTENTIAL FRAUD, WASTE OR SIMILAR MISCONDUCT. The LOCAL AGENCY shall promptly refer to TASK FORCE, and, if applicable, the Department of Justice Office of Inspector General (OIG) any credible evidence that a principal, employee, agent, contractor, subcontractor, or subgrantee has either submitted a false claim for grant funds in violation of the False Claims Act or committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving grant funds.

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Potential fraud, waste, abuse or misconduct shall be reported to OIG by mail or e-mail at: Office of the Inspector General U.S. Department of Justice Investigation Division 950 Pennsylvania Ave, N.W. Room 4706 Washington. D.C. 20530 E-mail: [email protected] Phone: 1-800-869-4499 Fax: (202) 616-9881 Website: http://www.usdoj.gov/oig/ SECTION 29. PROHIBITED USE OF FEDERAL FUNDS The LOCAL AGENCY understands and agrees that it cannot use any funds, either directly or indirectly, in support of any contract or sub award without the express prior approval of TASK FORCE. SECTION 30. ACCEPTANCE & CERTIFICATION The terms of this Fiduciary Agency Agreement are hereby accepted, executed, and where applicable, certified and acknowledged, by the proper officers and officials of the parties hereto:

The following TASK FORCE BOARD MEMBERS, individually, under oath, do hereby certify and acknowledge that: (1) all of the information in the Fiduciary Agency Agreement is true and correct to best of my knowledge, information and belief; (2) the funds shall be used only for the purposes described in the TASK FORCE Intergovernmental Agreement. ________________________________Date:_________ ___________________________________ Date: _________ Task Force Board Member Signature Task Force Board Member Signature _______________________________Date: _________ ___________________________________ Date: _________ Task Force Board Member Signature Task Force Board Member Signature _____________________________ Date: _________ ___________________________________ Date: _________ Task Force Board Member Signature Task Force Board Member Signature _____________________________ Date: _________ __________________________________ Date: _________ Task Force Board Member Signature Task Force Board Member Signature ____________________________ Date: _________ ___________________________________ Date: _________ Task Force Board Member Signature Task Force Board Member Signature ____________________________ Date: _________ ___________________________________ Date: _________ Task Force Board Member Signature Task Force Board Member Signature I, Mark Horton, as Village Finance Director, on behalf of the Village of Oswego, Illinois, under oath, do hereby certify and acknowledge that LOCAL AGENCY agrees to act as the fiduciary agency on behalf of the TASK FORCE for the purpose of this agreement and all funds received by the LOCAL AGENCY for this purpose will be utilized accordingly and within the scope of this agreement.

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_________________________________________ Date: __________

Fiduciary Agent Signature

___________________________________ Date: _________ Director Hiram Grau Illinois State Police

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STATE OF ILLINOIS )

) SS COUNTY OF KENDALL ) CLERK'S CERTIFICATE I, Tina Touchette, the duly qualified and acting Village Clerk of the Village of Oswego,

Kendall County, Illinois, do hereby certify that I am the keeper of its books and records and that

the attached hereto is a true and correct copy of a Resolution entitled:

A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO AN AGREEMENT WITH KENDALL COUNTY COOPERATIVE POLICE

ASSISTANCE TEAM TASK FORCE (TASK FORCE)

which Resolution was duly adopted by said Board of Trustees at a regular meeting held on the 7th

day of May , 2013.

I do further certify that a quorum of said Board of Trustees was present at said meeting and

that the Board complied with all requirements of the Illinois Open Meetings Act.

IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of May, 2013.



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AGENDA MEMORANDUM DATE: April 25, 2013 TO: Village President Brian LeClercq and Board of Trustees FROM: Jerry Weaver SUBJECT: Consent Agenda Item for May 7, 2013 Village Board Meeting. Purpose : The purpose of this memo is to approve an Intergovernmental Agreement between the Village of Oswego and Fox Metro Reclamation District. Background: With working with Fox Metro utilizing their contractor this will save the Village time and resources to start a Sanitary Maintenance Program. Also this is Strategic Plan Objective 1.3.1. Discussion : This Agreement will allow the Village of Oswego to utilize Fox Metro’s contractor to secure the lowest price to do Televising and Maintenance on the Village of Oswego’s sanitary system. Fox Metro has a 3 year contract with Visu-Sewer to do the maintenance work for the district.

Funding: 2013/ 2014 Water & Sewer Budget Recommendation: My recommendation is to approve the Intergovernmental Agreement with Fox Metro Reclamation District to be able to utilize their contractor. . Strategic Planning Objective: SPO 1.3.1


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RESOLUTION NO. 13 – R -- __

A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT

BETWEEN FOX METRO WATER RECLAMATION DISTRICT AND THE VILLAGE OF OSWEGO FOR THE INVESTIGATION AND REPAIR OF SANITARY SEWERS

AT VARIOUS LOCATIONS OSWEGO, IL

WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes and

encourages units of local government to contract and cooperate with each other to obtain or share

services and to exercise, combine, or transfer any power or function in any manner not

prohibited by law or ordinance in order to accomplish common goals and objectives; and

WHEREAS, the Municipal Code (65 ILCS 5/1-1-5) authorizes the President and Board

of Trustees of the Village of Oswego (“Village”) to exercise jointly with other government

subdivisions, including sanitary districts, all powers which the municipality possesses; and

WHEREAS, 5 ILCS 220/3 entitled the "Intergovernmental Cooperation Act", provides

that any power or powers, privileges, functions, or authority exercised by a public agency may be

exercised, transferred, combined and enjoyed jointly with any other public agency; and

WHEREAS, 5 ILCS 220/2 defines a public agency as "any unit of local government;"

and

WHEREAS, the Village, as a unit of local government, is a public agency as defined by

statute; and

WHEREAS, the Fox Metro Reclamation District (“District”), as a sanitary district and

unit of local government, is a public agency as defined by statute; and

WHEREAS, the Village, which has a population of more than 25,000, is a home rule

community as defined by Article VII, Section 6 of the Illinois Constitution of 1970 and is

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authorized to exercise any power and perform any function pertaining to its government and

affairs for the protection of public health, safety, morals and welfare;

WHEREAS, the Board hereby determines that it is in the best interest of the Village to

execute the Intergovernmental Agreement between the District and the Village for the mutual

benefit of combining resources and reducing costs to investigate and repair sanitary sewers of the

Village and the District.

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD

OF TRUSTEES OF THE VILLAGE OF OSWEGO, KENDALL COUNTY, ILLINOIS,

AS FOLLOWS:

SECTION 1.

The Village President and Village Clerk be and are hereby authorized and directed to

execute on behalf of the Village, the Intergovernmental Agreement with the District for the

mutual benefit of combining resources and reducing costs to investigate and repair sanitary

sewers of the Village and the District in substantially the same form as the Intergovernmental

Agreement attached hereto and made a part hereof marked as Exhibit "A".

SECTION 2. REPEALER Upon its passage and acceptance, this Resolution shall supersede all Resolutions,

agreements, or motions, or parts of any Resolutions, agreements or motions in conflict with any

part of the provisions of this Resolution herein, and any such Resolutions, agreements or motions

or part thereof shall be hereby repealed.

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SECTION 3. SEVERABILITY

This Resolution and every provision thereof shall be considered severable. In the event

that any court of competent jurisdiction may find and declare any word, phrase, clause, sentence,

paragraph, provision or section or part of a phrase, clause, sentence, paragraph, provision or

section of this Resolution as void or unconstitutional, the remaining words, phrases, clauses,

sentences, paragraphs and provisions and parts of phrases, clauses, sentences, paragraphs,

provisions and sections not ruled void or unconstitutional shall continue in full force and effect.

SECTION 4. EFFECTIVE DATE This Resolution shall be in full force and effect from and after its passage and upon

acceptance by Fox Metro Reclamation District.

PASSED this _____ day of ____________, 2013 with said vote being:

TONY GILES GAIL JOHNSON

PAM PARR JUDY SOLLINGER

TERRY MICHELS SCOTT VOLPE

APPROVED by me, Brian LeClercq, as President of the Village of Oswego,

Kendall County, Illinois this ____day of ______________, 2013.

_______________________________________ BRIAN LECLERCQ, VILLAGE PRESIDENT ___________________________________________ TINA TOUCHETTE, VILLAGE CLERK

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EXHIBIT A

AGREEMENT BETWEEN FOX METRO WATER RECLAMATION DISTRICT

AND THE VILLAGE OF OSWEGO FOR THE INVESTIGATION AND REPAIR OF

SANITARY SEWERS AT VARIOUS LOCATIONS

OSWEGO, IL

THIS AGREEMENT entered into this day of , 2013 by and between the FOX METRO WATER RECLAMATION DISTRICT, a unit of local government (hereinafter referred to as "DISTRICT"), and the VILLAGE OF OSWEGO, a municipal corporation (hereinafter referred to as "VILLAGE");

WITNESSETH WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. further authorizes intergovernmental cooperation; and WHEREAS, there is a mutual benefit of combining resources for the purpose of reducing costs to investigate and repair sanitary sewers of the VILLAGE and DISTRICT; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND OTHER MUTUAL COVENANTS HEREINAFTER CONTAINED, THE PARTIES HERETO AGREE TO THE FOLLOWING: 1.0 The VILLAGE and the DISTRICT agree to perform jointly the investigation and

repair of the sanitary sewer systems. The DISTRICT shall act as the lead agency responsible for the completion of the various investigation and repair tasks as follows:

1.1 Investigate the sewer system by performing flow monitoring and smoke

testing, reviewing sewer television tapes; inspecting manholes, entering buildings for sump pump surveys; mapping sewer pipes and structures utilizing GPS/GIS and other investigative tasks not listed herein.

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1.2 Report the result of the investigation in writing by identifying the type and

size of defects, the amount of infiltration & inflow entering the sewer system, the recommended solutions to correct the defects, and an estimated cost to rehabilitate the system. Engineer's opinion of probable construction costs, prepared as part of the investigative report, shall be separated and totaled based on the ownership of the sewer system.

1.3 Prorate the cost of performing the investigation and reporting the results in

Parts 1.1 and 1.2 by using the actual footage of sewers owned and operated by each government entity and/or by utilizing the number of dwellings investigated in each government territory. For example, the cost of televising 10,000 linear feet of sewer in the VILLAGE and 5000 linear feet in the DISTRICT shall be divided 67% VILLAGE and 33% DISTRICT and the cost of surveying 50 buildings in the VILLAGE limits and 10 buildings outside VILLAGE limits shall be divided 83% VILLAGE and 17% DISTRICT.

1.4 The VILLAGE may utilize the DISTRICT's Sewer Maintenance Contract,

or other contracts that the DISTRICT may enter into, for cleaning, televising, and repairs to the VILLAGE's sewer system. The VILLAGE shall reimburse the DISTRICT in full for all costs associated with cleaning, televising and repairs performed on the VILLAGE's sewer system.

2.0 The DISTRICT and the VILLAGE may jointly design, bid and construct sewer

and manhole rehabilitation projects for the purpose of reducing costs on larger bid quantities. The DISTRICT shall act as the lead agency responsible for the completion of the design, bidding and construction tasks. As lead agency, the District is responsible to ensure that said bidding process and associated documents comply with the laws of the State of Illinois, and invitations to bid include, at a minimum: the time, date and location of the bid; material conditions and requirements of the contract; detailed specifications; and a proposal sheet requiring the bidder’s signature.

3.0 All work conducted in accordance with Parts 1.0 and 2.0 shall require approval

from the owner of the sanitary sewer system, VILLAGE or DISTRICT respectively, prior to commencement.

4.0 This Agreement shall be valid for a period of 5 years and can be extended by

mutual consent of the VILLAGE and the DISTRICT. 5.0 The DISTRICT shall invoice the VILLAGE on a monthly basis the VILLAGE's

costs and expenses associated with this Agreement.

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6.0 This Agreement may be terminated by either the VILLAGE or the DISTRICT for convenience, provided 60 days’ notice is given as provided in section 7.0. In the event of termination by either party, the DISTRICT shall be entitled to be reimbursed for those services performed to the date of termination.

7.0 Notices: Unless otherwise notified in writing, all notices, requests and demands

shall be in writing and shall be personally delivered to or mailed by United States Certified Mail, postage prepaid and return receipt requested, as follows:

For the Village of Oswego:

Village of Oswego 100 Parkers Mill Oswego, IL 60543 Attn: Brian LeClercq, President

With a copy to: Karl Ottosen Attorney for Village of Oswego Ottosen Britz Kelly Cooper Gilbert & DiNolfo, LTD

1804 N. Naper Blvd, Suite 350 Naperville, IL 60563

For Fox Metro Water Reclamation District:

Fox Metro Water Reclamation District 682 State Route 31 Oswego, IL 60543 Attn: James Detzler, President

With a copy to: Dallas Ingemunson

Attorney for Fox Metro Water Reclamation District 226 South Bridge Street Yorkville, IL 60560

or such addresses that any party hereto may designate in writing to the other parties pursuant to the provisions of this paragraph.

8.0 Miscellaneous:

A. Failure of any party to this Agreement to insist upon the strict and prompt performance of the terms, covenants, agreements and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right

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thereafter to enforce any such term, covenants, agreement or condition, but the same shall continue in full force and effect.

B. Where VILLAGE approval or direction is required by this Agreement, such

approval or direction shall be obtained from the Village President and Board of Trustees unless otherwise expressly provided or required by law, and any such approval may be required to be given only after and if all requirements for granting such approval have been met, unless such requirements are inconsistent with this Agreement.

C. Wherever appropriate in this Agreement, the singular shall include the

plural, and the plural shall include the singular. D. The Village President and District President and Village Clerk and District

Secretary of the respective parties hereby warrant that they have been lawfully authorized by the governing boards of the respective parties to execute this Agreement. The parties shall, upon request, deliver to each other at the respective time copies of all resolutions, ordinances or other documents required to legally evidence the authority to so execute this Agreement on behalf of the respective parties.

E. This Agreement constitutes the entire Agreement between the parties and

sets forth all the promises, inducements, agreements, conditions or understanding hereto relative to the subject matter thereof, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between them, other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless authorized in accordance with law, reduced in writing and signed by the Village President and the District President, or their respective designees.

F. This Agreement may be executed in two (2) or more counterparts, each of

which, taken together, shall constitute one and the same instrument. G. In the event of any default under or violation of this Agreement, the party

not in default or violation shall serve written notice upon the party in default or violation, which notice shall be in writing and shall specify the particular violation or default. The parties reserve the right to cure any violation of this Agreement or default hereunder within sixty (60) days following written notice of such default unless such default is a monetary default in which event such monetary default must be cured within thirty (30) days. If such default is so cured within said applicable cure period, all terms and conditions of this Agreement shall remain in full force and effect. If the party in default cannot cure a non-monetary default or violation

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hereof within said sixty (60) day period, then the other party shall grant a reasonable extension of the cure period, said extension not to exceed sixty (60) days, provided that the party in default or violation is diligently pursuing completion and/or cure and tenders proof of such diligence to the nondefaulting party upon request. The non-defaulting party may, at its sole discretion, grant such additional extensions beyond the aforementioned sixty (60) day extension period as may, in the sole discretion of the non-defaulting party, be reasonably necessary to cure said default.

H. Neither the District nor Village shall assign or transfer any rights under or

interest in this Agreement without the written consent of the other and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.

I. This Agreement shall be governed by the laws of the State of Illinois and

the District and Village will at all times comply with all applicable laws, rules, and regulations that may affect the subject matter of this Agreement or the parties hereto.

J. The parties agree that the Kendall County Circuit Court shall be the sole

venue for any litigation arising from this agreement. K. If any provision of this Agreement is held invalid by a court of competent

jurisdiction, or in the event such a court shall determine that either party does not have the power to perform any such provision the entire Agreement shall be null and void.

L. The VILLAGE and the DISTRICT agree that neither shall bring any suit or

any other legal proceeding of any nature whatsoever to contest the validity of this Agreement or any portion thereof. In the event any third party challenges the validity of this Agreement, the VILLAGE will defend any such lawsuit and the parties will share equally in cost thereof.

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IN WITNESS WHEREOF, the parties hereto have had their duly authorized officers execute this Agreement as of the day of , 2013.

Village of Oswego, An Illinois Municipal Corporation ATTEST: By: By: Its: Village Clerk Fox Metro Water Reclamation District, A duly organized Illinois Sanitary District ATTEST:

By: By: Its: Secretary

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ACKNOWLEDGMENTS STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Brian LeClercq, personally known to me to be the Village President of the Village of Oswego, and Tina Touchette, personally known to me to be the Village Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Village President and Village Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Village Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of , 2013. Notary Public

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STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that , personally known to me to be the of Fox Metro Water Reclamation District, and , personally known to me to be the of said Illinois sanitary district, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such and , they signed and delivered the said instrument and caused the corporate seal of said Illinois sanitary district to be affixed thereto, pursuant to authority given by the of said Illinois sanitary district, as their free and voluntary act, and as the free and voluntary act and deed of said Illinois sanitary district, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of , 2013. Notary Public

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STATE OF ILLINOIS )





BETWEEN FOX METRO WATER RECLAMATION DISTRICT AND THE VILLAGE OF OSWEGO FOR THE INVESTIGATION AND REPAIR OF SANITARY SEWERS

AT VARIOUS LOCATIONS OSWEGO, IL

which Resolution was duly passed by said Board of Trustees at a regular meeting held on the

_____day of ____________, 2013.



IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ____________, 2013.



AGENDA MEMORANDUM DATE: April 25, 2013 TO: Village President Brian LeClercq and Board of Trustees FROM: Jerry Weaver SUBJECT: Consent Agenda Item for May 7, 2013 Village Board Meeting. Purpose : The purpose of this memo is to approve the emergency repairs for the Adams Street Bridge and the Wolf Road Bridge. Background: These 2 bridges were damaged during the flood on April 18, 2013. I had Bob Davies, a structural engineer from HR Green come out and inspect the bridges. With the damage that both these bridges encountered I wanted to get a professional opinion on not only the damages but also the repairs. Discussion : The 2 bridges that this Agreement is for:

1. Adams Street Bridge. As the water topped over the top of this bridge the water from the creek tore off the top asphalt surface and damages the membrane fabric underneath. It is Bob Davies recommendation to go with a Latex Modified Concrete surface on this bridge. This will allow the water to run over the bridge and not get under the surface and peel off the top layer. All engineering, design for repairs and construction observation will be $ 14,540.00. Estimated repair going with the Latex Concrete Surface is $ 25,000.00 for a total of $ 39,540.00.

2. Wolf Road Bridge. Like Adams Street as water topped over this bridge it did

major washout damage between the north edge of the bridge and the north head wall. The water undermined the westbound lane of Wolf Road making this section at the bridge dangerous to traffic. At this time it doesn’t appear that the


Phase three of Granicus solution - iPad February 19, 2013 2 | P a g e

north head wall was damaged or has moved. The westbound lane that crosses over this bridge will have to be removed to allow for access to where the water has undermined the road and to clean out scour damage caused by the water. After this is done then the washout area can be stabilized and filled back in with stone. One other issue at the Wolf Road Bridge is that there is approximately 75 feet of an existing gas main that is now exposed. When the repairs are approved for this bridge I will contact Nicor and let them know the process and the timing of the repair. All engineering, design for repair and construction observation for this bridge will be $ 14,900.00. Estimated repair costs will be $ 25,000 for a total of $ 39,900.00. The estimated repair for both these bridges including all engineering and construction observation is $ 79,440. Once the bridges are repaired we will submit all costs involved with the repairs and engineering to FEMA for re-imbursement.

Funding: Once the bridges are repaired paperwork will be submitted for all costs involved with the repairs and engineering to FEMA for re-imbursement. Recommendation: My recommendation is to approve the emergency repairs for both these bridges. Strategic Planning Objective: N/A

RESOLUTION NO. 13 -- R -- ____ ________________________________________________________________________

A RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE VILLAGE OF OSWEGO AND HR GREEN, INC. FOR BRIDGE REPAIRS TO ADAMS STREET OVER WAUBONSEE CREEK AND WOLF CROSSING OVER TRIBUTARY TO WAUBONSEE

CREEK ________________________________________________________________________


and is therefore a “Home Rule Unit” under the 1970 Illinois Constitution; and

WHEREAS, the Illinois Constitution of 1970 provides that a Home Rule Unit may

exercise any power and perform any function pertaining to its government and affairs, including

but not limited to the power to regulate for the protection of the public health, safety, morals and

welfare; to license, to tax; and to incur debt; and

WHEREAS, it is in the best interest of the Village of Oswego to execute the

agreement between the Village of Oswego and HR Green, Inc. substantially in the form

attached hereto as Exhibit "A".


OF TRUSTEES OF THE VILLAGE OF OSWEGO, KENDALL COUNTY, ILLINOIS, AS

FOLLOWS:

SECTION 1.


execute on behalf of the Village of Oswego the agreement substantially in the form attached

hereto marked as Exhibit "A".

l-t=i3 ~ EXHIBIT

i (\ HRGreen

Simple Scope Short Form Agreement

Project: Village of Oswego Flood Repairs to Adams over Waubansee And Wolf Crossing over Tributary

Project No: 88130175 Phase No.: Multiple

Date: 04/24/2013

Client: -:V:-:i_lla_,g..,_e_of_O.,....,.-sw_eg..._o ____________ _ Contact: Mr. Jerry Weaver

-=~~~~~~~~~-------------------------Title: Director of Public Works

Address: -1~0~0---:P~a-r~k-er-s:-:M~i=ll _____________________ ___

City/State/Zip: _O.:....s.:....w.:....e:..sgL:.o_!,_:_l_:_l 6::.....:0:....::5.:....4...::...3 __________ ___ Phone/Fax No. 630-554-3306

~~~~~~~-------------------------------

The CLIENT agrees to employ HR Green, Inc. (COMPANY) to perform the following services: Reinspect both structures to verify scope of emergency damage repair work. Prepare specifications, drawings (8 Y2" x 11") and details adequate to obtain quotes to perform the following repairs and provide part time construction observation services. We understand the Village intends to use FEMA disaster funding and that, as such, the work can be contracted by soliciting proposals from contractors rather than advertising and bidding the project. Adams Street over Waubansee Creek: remove and dispose of remaining wearing surface and membrane, cut and patch approximately 50 linear feet of approach roadway, clean the exposed tops of existing deck beams, place reinforcement bars or mesh over bridge deck and place 2 W thick latex concrete wearing surface.

Project Engineer 2: 32 hours x $145/hr = $4,640. Project Director: 12 hours x $200/hr = $2,400. Construction Engineer: 60 hours x $125/hr = $7,500.

$14,540.00 Wolf Crossing over Tributary to Waubansee Creek east of Della: remove existing guardrail and posts (approximately 75 feet) and preserve for reuse, remove approximately 75 feet of pavement (westbound lane), clean out scour damaged embankment, place new embankment, place new roadbed, place new pavement, place new shoulder, replace the guardrail, stabilize the north side of the embankment with sod or other restoration and place rip rap downstream as determined by the follow up inspection. We understand both roads are currently closed and will remain closed. We have not included traffic control or permits for the above work.

Project Engineer 2: 40 hours x $145/hr = $5,800.00 Project Director: 8 hours x $200/hr = $1 ,600.00 Construction Engineer:60 hours x $125/hr = $7,500.00

$14,900.00 No subconsultant or materials testing is included in the above.

Short Form Agreement Oswego Emergency Repairs

April24, 2013 Page 2 of 3

The CLIENT agrees to pay COMPANY for the above scope of services:

Time & Material, Not to Exceed in the amount of :$29,440.00

~Reimbursable Expenses Included

0 Subconsultant Services Included

0 Prepayment Required for Work to Commence

Copy To:

~ Accounting

~ B. Schiber

0

Services provided by COMPANY under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality.

Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. COMPANY's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provi~ion in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to carry out the intent of this provision.

In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub-consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements.

If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith.

All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents Including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY.

All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENTs sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom.

Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files.

Because electronic fi le information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from of its ownership and/or

Short Form Agreement Oswego Emergency Repairs

April 24, 2013 Page 3 of 3

involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the modification or reuse of these materials.

The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's Agreement with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY's consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis.

The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the Slate In which the claim arises.

The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of COMPANY and COMPANY's officers, directors, partners, employees, shareholders, owners and subconsultants to the CLIENT for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of COMPANY and its officers, directors, partners, employees, shareholders, owners and subconsultants to all those named shall not exceed $ 10,000. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, Including reasonable attorney's fees.

This agreement is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the agreement. Work will not begin until COMPANY receives a signed agreement. The effective date of the agreement shall be the last date entered below.

Village of Oswego HR GREEN, INC.

Accepted by:

Printed/ Typed Name:

Title:

Date:

t·

Le.. G le '("'C.t

Vd \\)e 'Pre.s;de.v-.t

i 1?. L/ /i 5 I I

Project Manager:

Printed/ Typed Name:

Date:

Andrew Mrowicki

April 24, 2013

SECTION 2. REPEALER All Resolutions or parts of Resolutions in conflict with any of the provisions of this

Resolution shall be, and the same are hereby repealed.


This Resolution and every provision thereof, shall be considered severable. In the event







acceptance by the ________________.

PASSED this _____ day of ______________, 2013 with said vote being:




APPROVED by me, Brian LeClercq, as President of the Village of Oswego, Kendall

County, Illinois this _____ day of ______________, 2013.


STATE OF ILLINOIS )



records and that the attached hereto is a true and correct copy of a Resolution entitled:

A RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE VILLAGE OF OSWEGO AND HR GREEN, INC. FOR BRIDGE REPAIRS TO ADAMS STREET OVER WAUBONSEE CREEK AND WOLF CROSSING OVER TRIBUTARY TO WAUBONSEE

CREEK

which Resolution was duly adopted by said Board of Trustees at a regular meeting held

on the _____ day of ___________, 2013.



Act.

IN WITNESS WHEREOF, I have hereunto set my hand this ___day of _________, 2013.



OSWEGO POLICE DEPARTMENT

MEMORANDUM

DATE: April 29, 2013

TO: Village President Brian LeClercq and Board of Trustees

FROM: Dwight Baird, Chief of Police ~ \ SUBJECT: Kendall County Special Response Team (SRT) Vehicle, May 7, 2013, Village

Board Meeting

Purpose: To purchase a vehicle for the Kendall County Special Response Team (SRT).

Background: The Kendall County SRT was organized in 1991 and was comprised of members from Kendall County Sheriffs Office, Oswego Police, Plano Police and the Yorkville Police Departments. The Kendall County SRT is overseen by a committee of the Kendall County Chiefs of Police Association. On May 20, 2011, Sheriff Randall notified the Committee that Kendall County SRT no longer meets the expectations of the Kendall County Sherifrs Office and that they would be withdrawing its members and equipment from SRT effective August 1, 201 1. A copy of the letter from the Sheriff is attached. The remaining member agencies are Minooka Police, Oswego Police, Plainfield Police and Yorkville Police Departments. The Sherifrs withdrawal of equipment from Kendall County SRT required the remaining agencies to evaluate equipment needs. The Committee worked with the Kendall County SRT Commander to create a prioritized list of equipment needs. All member agencies and the Kendall County Chiefs of Police Association have worked to replace much of the equipment but one large item remains, a vehicle.

Discussion: This concept was discussed at the April 2, 2013, Committee of the Whole and the Board was in support of this project. The agreement language was slightly changed but the meaning and concept stayed the same.

Funding: At the April 2, 2013, Committee of the Whole meeting Trustee Volpe proposed Oswego's portion for the purchase of the vehicle come from the General Fund. Since the passing of the budget we received word that the Oswego Police Department will receive $7,900.00 for the purchase of Tasers, which was already in our budget. This savings will more than cover our portion of the SR T Vehicle.

Strategic Plan Relevance: This concept of sharing costs for public safety services supports Strategic Plan Objectives 1.3.2, Uphold Commitment to Public Safety, and Objective 1.3.3, Support/Assist Partner Agencies to Ensure Public Well-Being.

Recommendation: Authorize the Village President to enter into an Intergovernmental Agreement for the Purchase, Maintenance and Use of a Van for the Kendall County Special Response Team after attorney review.

DAB 4-29-13 SRT Vehicle

Auaclrmenrs

RESOLUTION NO. 13 – R -- __


FOR THE PURCHASE, MAINTENANCE AND USE OF A VAN FOR THE KENDALL COUNTY SPECIAL RESPONSE TEAM

WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes and

encourages units of local government to contract and cooperate with each other to obtain or share

services and to exercise, combine, or transfer any power or function in any manner not

prohibited by law or ordinance in order to accomplish common goals and objectives; and

WHEREAS, the Municipal Code (65 ILCS 5/1-1-5) authorizes the President and Board

of Trustees of the Village of Oswego (“Village”) to exercise jointly with other government

subdivisions, including sanitary districts, all powers which the municipality possesses; and

WHEREAS, 5 ILCS 220/3 entitled the "Intergovernmental Cooperation Act", provides

that any power or powers, privileges, functions, or authority exercised by a public agency may be

exercised, transferred, combined and enjoyed jointly with any other public agency; and

WHEREAS, 5 ILCS 220/2 defines a public agency as "any unit of local government;"

and

WHEREAS, the Village, as a unit of local government, is a public agency as defined by

statute; and

WHEREAS, the Village, which has a population of more than 25,000, is a home rule

community as defined by Article VII, Section 6 of the Illinois Constitution of 1970 and is

authorized to exercise any power and perform any function pertaining to its government and

affairs for the protection of public health, safety, morals and welfare;

WHEREAS, the Board hereby determines that it is in the best interest of the Village to

execute the Intergovernmental Agreement for the purchase , maintenance and use of a van for the

Kendall County Special Response Team for the purpose of providing a multi-jurisdictional team

to respond to and assist its members with additional policing services that each member would

not be able to otherwise provide by itself.


OF TRUSTEES OF THE VILLAGE OF OSWEGO, KENDALL COUNTY, ILLINOIS,

AS FOLLOWS:

SECTION 1.


execute on behalf of the Village, the Intergovernmental Agreement with the District for the

mutual benefit of combining resources and reducing costs to investigate and repair sanitary

sewers of the Village and the District in substantially the same form as the Intergovernmental

Agreement attached hereto and made a part hereof marked as Exhibit "A".

SECTION 2. REPEALER Upon its passage and acceptance, this Resolution shall supersede all Resolutions,

agreements, or motions, or parts of any Resolutions, agreements or motions in conflict with any

part of the provisions of this Resolution herein, and any such Resolutions, agreements or motions

or part thereof shall be hereby repealed.


This Resolution and every provision thereof shall be considered severable. In the event







acceptance by the Kendall County Special Response Team.

PASSED this _____ day of ____________, 2013 with said vote being:





Kendall County, Illinois this ____day of ______________, 2013.


EXHIBIT A

Draft 4/18/2013 AN INTERGOVERNMENTAL AGREEMENT FOR THE PURCHASE,

MAINTENANCE AND USE OF A VAN FOR THE KENDALL COUNTY SPECIAL RESPONSE TEAM

THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) by and between

the United City of Yorkville (“Yorkville”), the Village of Oswego (“Oswego”), the Village of

Plainfield (“Plainfield”), the Village of Minooka (“Minooka”) and the Village of Montgomery

(“Montgomery”), all Illinois municipal corporations (the “Municipalities”) is as follows:

WITNESSETH:

WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10,

provides that units of local government may contract or otherwise associate among themselves to

obtain or share services and to exercise, combine, or transfer any power or function in any

manner not prohibited by law or by ordinance and may use their credit, revenues, and other

resources to pay costs related to intergovernmental activities; and

WHEREAS, the Municipalities are units of local government within the meaning of

Article VII, Section 1 of the Illinois Constitution of 1970 who are authorized to enter into

intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1

et seq.; and

WHEREAS, the Municipalities are jointly members of the Kendall County Special

Response Team (SRT), established and governed under the Kendall County Chiefs of Police

Association as a subcommittee of the association, for the purpose of providing a multi-

jurisdictional team to respond to and assist its members with additional policing services that

each member would not be able to otherwise provide by itself; and,

WHEREAS, the SRT needs a van to be used by the SRT for responding with its member

Municipalities and equipment to assist member Municipalities or as requested by other agencies;

and,

WHEREAS, Oswego has agreed to be the lead agency for the purchase and maintenance

of the SRT van subject to the terms of this Agreement; and,

WHEREAS, the Municipalities have agreed that all costs and expenses of the SRT van

shall be divided among the Municipalities as provided in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein the

Municipalities agree as follows:

1. The above recitals are incorporated herein by reference as though fully set forth herein.

2. The Municipalities agree to obtain mutual consent for the specifications and equipment of

the SRT van.

3. Oswego agrees, upon approval of this Agreement and mutual consent of the

specifications and equipment for the SRT van, to go out to bid with those specifications

and with mutual consent of the Municipalities to award a contract to the lowest

responsible bidder for the purchase of the SRT van.

4. Each Municipality shall be responsible for twenty-five percent (25%) of the purchase

contract amount and for any equipment purchased for the SRT van except Minooka

which shall be responsible only up to a maximum amount of seven thousand dollars

($7,000) for the initial purchase of the SRT van. Payments shall be paid to Oswego upon

receipt and acceptance of the van or equipment within 30 days of receipt of an invoice

from Oswego for such costs.

5. Each Municipality shall annually be responsible for payment of five hundred dollars

($500) for the annual insurance and maintenance costs. For purposes of accounting, the

payments shall be made through the budget and funding process of the Kendall County

Association of Chiefs of Police as long as said Association agrees. Should the Kendall

County Association of Chiefs of Police fail or otherwise refuse to provide for this

accounting process, the Municipalities shall develop a mutually agreeable alternative

method for the budget and funding process. Funds not used in that fiscal year shall be

escrowed for future insurance and maintenance costs.

6. The SRT van shall:

A. Only be used for official SRT functions including training, emergency callouts,

demonstrations, and other events as authorized by the SRT Committee.

B. When not in use be stored at the Oswego Police Department or other location as

designated by the SRT Committee.

C. Be maintained by Oswego including but not limited to oil changes, annual services

and other repairs. All maintenance costs shall be reimbursed from the Kendall

County Association of Chiefs of Police budget as provided in Section 5 above.

D. Shall not be taken out of the State of Illinois without the approval of the SRT

Committee.

E. Shall not be used without notification to the SRT Committee, except for normally

scheduled training and emergency callouts.

7. Operation. The SRT Committee shall agree on a set of rules and regulations for the use

and operation of the SRT van. Any use or operation in violation of those rules and

regulations, by an employee, representative or agent of a member Municipality which

results in any damage or cost, not covered by insurance, shall require the responsible

member Municipality to pay for such cost, in full, within 45 days of receipt of an invoice

from Oswego. Approved operation by the SRT resulting in damage or expense to the van

shall be considered a maintenance cost.

8. Withdrawal of member. If a current Municipality withdraws from the SRT, it shall

provide notice of not less than 60 days to all other member Municipalities. Withdrawal

may only occur at the end of the fiscal year of the Kendall County Association of Chiefs

of Police and the withdrawing Municipality shall pay its share of all maintenance costs

through the end of that fiscal year.

9. Termination. If a majority of the municipal members decide to terminate the SRT or

otherwise decide to sell the van at the end of any fiscal year, the van shall be sold and the

proceeds equally divided among the then existing members.

10. Subject to insurance coverage, any liability, action, claim, judgment or award arising out

of the sole fault or negligence of a member Municipality or its employee, representative,

or agent of a member Municipality, shall be the responsibility of that member

Municipality. In the event of joint or concurrent fault or negligence of member

Municipalities, each shall bear that portion of the loss of expense that its share of the joint

or concurrent negligence bears to the total negligence (including that of third parties),

which caused the injury or damage. The SRT Committee shall determine the

proportional share of fault or negligence. If all members of the SRT Committee cannot

agree as to the proportional share, then the matter shall be resolved by submission to the

circuit court of Kendall County or other mutually agreed upon methodology for settling

the question of apportionment.

This Agreement may be executed in several counterparts that shall be an original and shall

constitute but one and the same Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective

on the day and date last approved by all member Municipalities.

United City of Yorkville, an Illinois Municipal Corporation By: __________________________________ Mayor Attest: _________________________________ Date: _____________________________ City Clerk Village of Oswego, an Illinois Municipal Corporation By: __________________________________ Village President Attest: _________________________________ Date: _____________________________ Village Clerk Village of Plainfield, an Illinois Municipal Corporation By: __________________________________ Village President Attest: _________________________________ Date: _____________________________ Village Clerk Village of Minooka, an Illinois Municipal Corporation By: __________________________________ Village President

Attest: _________________________________ Date: _____________________________ Village Clerk Village of Montgomery, an Illinois Municipal Corporation By: __________________________________ Village President Attest: _________________________________ Date: _____________________________ Village Clerk

ACKNOWLEDGMENTS

STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Brian LeClercq, personally known to me to be the Village President of the Village of Oswego, and Tina Touchette, personally known to me to be the Village Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Village President and Village Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Village Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of , 2013. Notary Public

STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that , personally known to me to be the of the United City of Yorkville, and , personally known to me to be the of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such and , they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of , 2013. Notary Public

STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that , personally known to me to be the of the Village of Plainfield, and , personally known to me to be the of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such and , they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of , 2013. Notary Public

STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that , personally known to me to be the of the Village of Minooka, and , personally known to me to be the of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such and , they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of , 2013. Notary Public

STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that , personally known to me to be the of the Village of Montgomery, and , personally known to me to be the of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such and , they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of , 2013. Notary Public

STATE OF ILLINOIS )





FOR THE PURCHASE, MAINTENANCE AND USE OF A VAN FOR THE KENDALL COUNTY SPECIAL RESPONSE TEAM

which Resolution was duly passed by said Board of Trustees at a regular meeting held on the

_____day of ____________, 2013.



IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ____________, 2013.



AGENDA MEMORANDUM DATE: May 1, 2013 TO: Village President Brian LeClercq and Board of Trustees FROM: Village Clerk, Tina Touchette SUBJECT: Agenda Item for May 7, 2013 Village Board Committee of the Whole

Meeting. Purpose Clarified language, in Section 1 of the ordinance, regarding the segment of Woolley Road that would be effected by the extended speed limit zone. This was added for codification purposes, per attorney request. Background See Chief Baird’s and Sergeant Norwood’s memorandums. Discussion The locations mentioned in the memorandums, and in the draft ordinance, are the same locations. Funding N/A Recommendation Approve as proposed in draft ordinance. Strategic Planning Objective: N/A


OSWEGO POLICE DEPARTMENT

MEMORANDUM

DATE: April 29, 2013

TO: Village President Brian LeClercq and Board of Trustees

FROM: Dwight Baird, Chief of Police ~ \ SUBJECT: Proposal to Reduce speed limit on Minkler Road and extend speed limit zone

on Woolley Road, May 7, 2013 Committee of the Whole & Village Board

Pur.pose: Reduce speed limits to reduce and prevent accidents.

Background: Please see Traffic Sergeant Norwood's memorandum.

Discussion: Police Department staff has worked with the Village Engineer to ensure our proposals are within the M.U.T.C.D. Standards.

Funding: Existing resources.

Strategic Plan Relevance: N/ A

Recommendation: Approve the proposal to lower the speed limit on Minkler Road in the described area from 45 m.p.h. to 40 m.p.h .. Approve the proposal to extend the 35 m.p.h. zone east on Woolley Road by 2,000 feet.

DAB Speed Limits reductions for Minkler end Woolley Roads 4-29-13

Attachments

~,

.,. ~~X' OSWEGO POLICE DEPARTMENT ~ ~-"')

' Date: 04/15/13

To: Capt. James Jensen

From: Sgt. Norwood \L r->6 Traffic Sergeant

MEMORANDUM

Re: Proposal to reduce speed limit on Minkler Road and extend speed limit zone on Woolley Road

Minkler Road

Minkler Road from Route 71 through Reservation Road is currently posted as a 45 MPH zone. The entire roadway is a non-curbed two lane roadway except at the intersection of Hunt Club Drive which does have raised curbs. Hunt Club subdivision & Hunt Club Elementary School is adjacent to this intersection. The unincorporated subdivision of Farm Colony is to the north of Country Drive. Southbound Minkler Road traffic south of Hunt Club Drive has curves and a downward hill with a curve that is not immediately seen by motorists. Northbound Minkler Road traffic does not encounter the same sight issues as southbound traffic. Since 01/30/2011 Oswego Police have investigated 12 crashes on Minkler Road with nine of those crashes occurring at or near the Waubonsee Creek bridge area, which is just north of Country Drive and at the bottom of hill/curve. Speed and weather are the two main contributory causes of those crashes. A recent 24 hour speed/traffic volume study conducted on March 141

h, 2013 was as follows:

Minkler Road south of Hunt Club (24 Hours)

S/8 has a volume of 1,259 vehicles for the day 85% speed is 51 .2 MPH

NIB has a volume of 1,103 vehicles for the day 85% speed is 48.2 MPH

Combined volume is 2,362 Combined speed is 49.9 MPH

Minkler Road north of Country (24 Hours)

S/B has a volume of 1,263 vehicles for the day 85% speed is 51 .2 MPH

NIB has a volume of 1112 vehicles for the day 85% speed is 56.4MPH


As a result of recent activity in the area warning chevrons (W1-8L), a cautionary advisory 35MPH/curve (W1 -2L & W13-1), hill blocks view (W?-6) and dip (W8-2) signage were added in this same area. Since the start of 2013 Minkler Road has been on the Oswego Police Department's extra patrol list. Results of those extra patrols have netted 55 hours of patrol, 105 written warnings and 38 citations for various violations to be written. Most violations were for speed infractions.

Based on HR Green's recommendations, I would also recommend that the speed limit be lowered to 40 MPH on Minkler Road 1000 feet north of Hunt Club and 1000 feet south of Country Drive. A change to the cautionary advisory sign is needed as well to be changed from 35 MPH to 30 MPH. Signage size would be in compliance with MUTCD standards. Follow-up enforcement would be done as well once the changes have taken place.

Woolley Road

Woolley road is currently a two lane roadway from Plainfield Road to Douglas Road. Woolley Road has a raised curb from Plainfield Road up to the Oswego Fire Protection District Central Station. East of the fire station there is no curb. The posted speed limit is 35 MPH coming from Plainfield Road and goes to 55 MPH in the rural area east of the fire station. Colchester Drive is the main intersection of Woolley Drive; this area is adjacent to Traughber Junior High School. Woolley Road at Colchester Drive is currently posted as school zone with the appropriate supplemental signage and painted crosswalks. Southbury subdivision is to the north of this intersection and Ashcroft Place is to the south. Stonehill Drive encompasses an industrial park which is the other intersection off of Woolley Road. A concern is for the intersection of Woolley Road and Colchester Drive as it pertains to pedestrian traffic with the adjacent school and vehicular speeds in the area.

A 24 hour and a 3 day speed/traffic volume study conducted on August 201h - 23rd,

2012. Westbound Woolley Road coming into the village has a high rate of vehicles exceeding the speed limit. Eastbound Woolley Road as well poses a speed problem. The results were as follows:

Woolley east of Colchester Drive (24 hours)

W/B has a volume of 1,129 85% speed is 55.3 MPH

E/B has a volume of 1,220 vehicles 85% speed is 45.0 MPH


Woolley east of Colchester Drive (3 days)

85% W IB speed is 66.5 MPH 85% E/B speed is 44.3 MPH Combined 85% speed is 51.2 MPH

Woolley west of Colchester (24 Hours)

W/B has a volume of 1,532 vehicles 85% speed us 44.3 MPH

E/B has a volume of 1,194 vehicles 85% speed is 53.7 MPH

Combined volume is 2, 726 Combined 85% speed is 49.5 MPH

Woolley west of Colchester Drive (3 days)

85% W/B speed is 44.7 MPH 85% E/B speed is 49.0 MPH Combined 85% speed is 46.9 MPH

Motorists coming westbound on Woolley Road are coming from a rural 55 MPH area and are not slowing down in a timely fashion as to be in accordance with the 35 MPH zone. The speeds are reduced coming from the west to 45 MPH east of the fire station and then again to 35 MPH directly in front of the fire station.

We have had this area as well on the Oswego Police Department's extra patrol list. Results of those extra patrols since September 2012 have netted 31 hours of patrol, 47written warnings and 6 citations for various violations to be written. Most violations

were for speed infractions. Oswego Police have investigated only 2 crashes for intersection of Woolley Road and Colchester Drive since January 1st, 2010.

My recommendation is to extend the 35 MPH zone east of the Oswego Fire Protection District Central Station property line by 2 ,000 feet and adjust the speed limit signage accordingly. This would allow for motorists to have more traffic time to be in compliance with the reduced speed changes. Signage size would be in compliance with MUTCD standards. Follow-up enforcement would be done as well once the changes have taken place.

Attached to this memo are letters from the Oswego Fire Protection District and the Oswego School District 308 showing support in the recommended change and the recommendations of Brian Schiber of HR Green.

AprilS, 2013

Chief Dwight Baird Chief of Police Village of Oswego 3525 US Route 34 Oswego, Illinois 60543

RE: Minkler Road - Speed Limit Reduction Woolley Road - Speed Limit Reduction HRG Job No. 88130055

Dear Chief Baird:

Minkler Road Per the Village's request, we have evaluated the possibility of reducing the existing 45 MPH posted speed limit on Minkler Road south of IL Route 71 in the Village of Oswego, Illinois. The area of interest is the existing 45 MPH speed zone, which is located from just south of the bridge over Morgan Creek toIL Route 71. This section of Minkler Road was recently resurfaced and the roadway is in good shape.

Our evaluation is based upon the Illinois Department of Transportation's (lOOT) "Policy on Establishing and Posting Speed Limits on the State Highway System", published March 2012. The primary criteria in determining the posted speed limits are the prevailing speeds of vehicles traveling through the project site. This methodology is based upon the assumption that the majority of drivers will drive at a speed which they judge to be safe and proper. According to your own speed study investigation, the existing average speed is 51 MPH so it appears that a speed reduction is not warranted based on the prevailing speed alone.

However, within lOOT's policy, there are optional supplementary investigations that can be performed in order to justify a reduced posted speed limit. These investigations include crash rates, access control, pedestrian activity and parking. For the Minkler Road area being evaluated, there is no reduction available for access control, pedestrian activity and parking since these activities are minimal in this area. There is a misconception that this section of Minkler Road, encompassing the hill and a bump should also be used as justification for reducing the speed limit, but the lOOT policy does not consider isolated curves/turns, areas of restricted sight distances, no-passing zones, etc. as the basis for the alteration of speed limits. The Village is keenly aware of the recent serious accidents within this study area, particularly in the Immediate area of the bridge, and HR Green can support the reduction In speed based on these accidents. Per the I DOT standard referenced above, the posted speed limit, in 5 mph increments, should not differ from the prevailing speed by more than 9 mph or by more than 20%, whichever is less.

HR Green suggests that the posted speed limit on Minkler Road be reduced to 40 MPH. and the recently installed signage on Minkler Road be adjusted accordingly. That revised signage would include the recommended 30 MPH speed limit for the southbound traffic

JO:r~ 11~0 ConlorHIInl Colol>rallon at i iHGrccn.com

rt10r:e 030.553.'/660 !'ax 630.553.7646 lo!l l"rco 000.720.'/00I.i 651 Prairie Poi11te Oliva. Suite 201, Yorkvilla.IL 60560

Chief Dwight Baird Village of Oswego

Minkler Road - Speed Limit Reduction Woolley Road - Speed Limit Reduction

Page 2

approaching the bridge and curve. This 30 MPH would not be the regulatory speed limit, just the cautionary speed limit. Consideration should also be given to notifying the owner of the brick mailbox that this structure is considered a roadside hazard and recommend that it should be reconstructed to a "breakaway" type device.

Woolley Road The section of Woolley Road east of Plainfield Road, along the Ashcroft Place Units 2 and 3 developments and the Southbury development, was reconstructed and widened to a threelane cross-section with Type B-6.12 curb and gutter along the edges of the pavement. According to the lOOT Bureau of Design and Environment Manual, the maximum speed for a roadway with barrier curb along the edges of pavement is 45 MPH. Therefore, the speed limit along this newer section of Woolley Road was posted at 45 MPH as part of the roadway reconstruction project. With the subsequent construction of the Traughber Junior High School, at the intersection of Woolley and Colchester Drive, a 20 MPH school speed limit was posted along the school limits and a school crosswalk was installed with advanced signage. The speed limit then immediately ramps upward to 35 MPH and beyond the curbed section of Woolley Road in the unincorporated sections the speed limit returns to a rural 55 MPH.

The Oswego Fire Protection District (OFPD) has constructed its central station just easterly of the school and on the north side of the road at 3511 Woolley Road. The Village has monitored the traffic in the section of Woolley Road and the general observation is that the incoming traffic coming from the east at 55 MPH is not sufficiently slowing down to meet the 35 MPH posted speed limit nor the subsequent 30 MPH school speed limit. Both the OFPD and school district are requesting the easterly extension of the posted 35 MPH speed limit to beyond the limits of the OFPD central station to allow traffic more time to be in compliance with the reduced speed limits. ·

From the same referenced Illinois Department of Transportation's (lOOT) "Policy on Establishing and Posting Speed Limits on the State Highway System", published March 2012, the recommended spacing of speed limit signs should meet the following criteria:

POSTED SPEED 30 MPH or less 35 to 40 MPH 45MPH 55 to 60 MPH

RECOMMENDED SIGN SPACING 660' to 1 ,320' 990' to 1 ,980'

1 ,320' to 2,640' 2 to 10 miles

HR Green believes that there is ample flexibility in the recommended sign spacing's to allow for the requested easterly extension of the posted 35 MPH speed limit to beyond the limits of the OFPD central station. and the speed limit signage on Woolley Road should be adjusted accordingly. ·

HRGroon.com

Chief Dwight Baird Village of Oswego

Minkler Road - Speed limit Reduction Woolley Road - Speed limit Reduction

Page 3

Should you have any questions or need further clarification, please feel free to contact me at 630.553.7560.

Sincerely,

HR Green Company

1~¥4tfor Brian l. Schiber, P.E. Senior Project Manager

cc: Steve Jones, Village of Oswego Jerry Weaver, Village of Oswego Kevin Norwood, Village of Oswego

\\hrgyvna s\Data\88130055\Deslgn\Corr\llr-Minkler_Woolley_speed_redu_040813.docx

HRGroon.com

'\1> ' '<v OSWEGO FIRE PROTECTION DISTRICT ./\> , ' <~

3511 \YOOLLEY RD • OSY\TGO. IL 605-!3 • !630} 55-!-2110 FA .. ~: (630) 554-8681 J?ick Neifzer, F'ire Chief • Dick Kuhn, Pre:sident • Bob Tripp, Secretary • Paul Ander :son, Treasurer

Rodger Long. Trustee • Jason Bragg. Trustee

Sgt. Kevin Norwood - Traffic Unit Oswego Police Department 3525 US Route 34 Oswego, Illinois 60543

Sgt. Norwood,

March 19,2013

The Oswego Fire Protection District operates its central station at 3511 Woolley Road in Oswego, basically across the street from school district #308 's Traughber Junior High School at the intersection of Colchester and Woolley.

The tire district is in favor of a possible change to the posted speed limit traffic zone and supports the extension of the 35 m.p.h. travel zone on Woolley Road such that it extends easterly beyond the fire station.

Regards,

1.1:f!:n!vor ChieJNeitzer) Fire Marshal Oswego Fire Protection District

wWlF. oswegojlre.com

---IIIJIQII;---------- SCHOOLDISTRICT ____ .....__,_,_ ___ lllllllllllllilli'l'tl

I!~ !IJ:J

To: Sgt. Kevin Norwood, Traffic Unit Oswego Police Department 3525 Route 34 Oswego, Illinois 60543

From: Derrick S. Berlin, COPT Director of Transportation

Date: March 19, 2013

Re: Woolley Road Speed Limits

Traughber Junior High School Is located near the intersection of Woolley Road and Colchester Drive. The District has students located in the Southbury subdivision (walk zone) that cross Woolley Road to access Traughber Junior High School.

The Oswego School District fully supports the extension of the 35 MPH zone on Woolley Road east of Fire Station One. Our student's safety is of the utmost importance.

Sincerely,

~J!Jd-Derrick S. Berlin, COPT Director of Transportation

DerrickS. Berlin, COPT Director of Transportation Phone 630.636.2099 I fax 630.636.2990 Email dberfin~oowego308.org Educational Excellence.

Dlstrlot Transportation Center 65 Slooehlll Road

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VILLAGE OF OSWEGO KENDALL COUNTY, ILLINOIS

ORDINANCE NO. 13 – ____

AN ORDINANCE TO AMEND TITLE 9 CHAPTER 3 SECTION 10C-2 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OSWEGO,

KENDALL COUNTY, ILLINOIS

(Speed Restrictions on Minkler Road and Woolley Road)

ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES

OF THE VILLAGE OF OSWEGO

This ____ day of May, 2013

Published in pamphlet from by authority of the President and Board of Trustees of the Village of Oswego on May ____, 2013.

Ordinance No. 13 - ___ Page 2

ORDINANCE NO. 13 - ___

________________________________________________________________________ AN ORDINANCE TO AMEND TITLE 9 CHAPTER 3 SECTION 10C-2 OF THE

CODE OF ORDINANCES OF THE VILLAGE OF OSWEGO, KENDALL COUNTY, ILLINOIS



and is therefore a “Home Rule Unit” under the 1970 Illinois Constitution; and WHEREAS, the Illinois Constitution of 1970 provides that a Home Rule Unit may

exercise any power and perform any function pertaining to its government and affairs, including but not limited to the power to regulate for the protection of the public health, safety, morals and welfare; to license, to tax; and to incur debt; and

WHEREAS, the Village has in full force and effect a codified set of those ordinances of

the Village which are of a general and permanent nature, which said codified set is known and designated as the Village Code of the Village of Oswego, as amended; and

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OSWEGO, KENDALL COUNTY, ILLINOIS, as follows: Section 1: That Section 9-3-10 (C) 2 of the Code of Ordinances of the Village of Oswego be amended to add the following:

Minkler Road- Forty (40) miles per hour beginning from the apex of Minkler

Road/Hunt Club Boulevard and continuing 1000 feet north of Hunt Club Boulevard.

Minkler Road- Forty (40) miles per hour beginning from the apex of Minkler

Road/Country Drive and continuing 1000 feet south of Country Drive.

Woolley Road- Thirty-Five (35) miles per hour beginning from the apex of

Woolley Road/Colchester Drive and continuing 3500 feet east of Colchester Drive.


Section 2: If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. Section 3: All Ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4: This Ordinance shall be in full force and effect immediately upon its passage, approval and publication in pamphlet form as provided by law.

PASSED by the Board of Trustees of the Village of Oswego, Kendall County,

Illinois this ____ day of May, 2013.


TERRY MICHELS JUDY SOLLINGER

PAM PARR SCOTT VOLPE


Kendall County, Illinois this ____ day of May, 2013.

_______________________________________ BRIAN LECLERCQ, VILLAGE PRESIDENT

________________________________ TINA TOUHETTE, VILLAGE CLERK


STATE OF ILLINOIS )



records and that the attached hereto is a true and correct copy of an Ordinance entitled:

AN ORDINANCE TO AMEND TITLE 9 CHAPTER 3 SECTION 10C-2 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OSWEGO,

KENDALL COUNTY, ILLINOIS


which Ordinance was duly adopted by said Board of Trustees at a regular meeting held

on the ____ day of May, 2013.



Act.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of May, 2013.



AGENDA MEMORANDUM DATE: April 10, 2013 TO: Village President Brian LeClercq and Board of Trustees FROM: Jerry Weaver SUBJECT: Consent Agenda Item for May 7, 2013 Village Board Meeting. Purpose : The purpose of this memo is to approve Pay Estimate No. 4 to H. Linden & Sons in the amount of $ 690,406.47. Background: This is the fourth payout to H. Linden & Sons for the Route 71 Water Main Relocation. Discussion : This fourth payout is boring work done on Route 71 at Forest Avenue.. It also covers the pressure test and chlorination of the new water main at Paradise Parkway and Route 71. Funding: Water & Sewer Revenues Recommendation : To Pay H. Linden & Sons $ 690,406.47 for Pay Estimate 4 for the work performed on the Route 71 Water Main Relocation Project. Strategic Planning Objective: N/A


-HRGreen

100+ Esl. 1913

April24, 2013

Mr. Jerry Weaver Public Works Director Village of Oswego 100 Parkers Mill Oswego, Illinois 60543

RE: Illinois 71 Water Main Relocation H. Linden & Sons - Pay Estimate No. 4 HRG Job No.: 88120127

Dear Jerry:

Attached you will find the third pay estimate for the 111inois 71 Water Main Relocation project. The net amount due reflects a 10% retainage withholding.

Original Contract Amount: $ 2,394,276.00 Previous Payments: $ 863,642.43

Pay Estimate #4: $ 767.118.30

Net Amount Due: $ 690,406.47

We recommend that the Village of Oswego approve and make payment to H. Linden & Sons in the amount of$ 690,406.47.

If you have any questions or require any additional information, please call. I can be reached at 630.708.5021.

Sincerely,

HR. Green, Inc.

Matt Hanegmon Field Technician II

MJH/sab Attachment

\\hr~yvnns\Dnta\88120 127\Construction\Pny Estimntes\ltr-042413-Pay-Estimatc·No.4.docx

Join the Centennial Celebration at HRGreen.com

Phone 630.553.7560 Fax 630.553.7646 Toll Free 800.728.7805

651 Prairie Pointe Drive, Suite 201, Yorkville, IL 60560

AGENDA MEMORANDUM DATE: April 29, 2013 TO: Village President Brian LeClercq and Board of Trustees FROM: Jerry Weaver SUBJECT: Consent Agenda Item for May 7, 2013 Village Board Meeting. Purpose: The purpose of this memo is to approve the 2013 Motor Fuel Tax Project. Background: Every year the Public Works Department working with Jim Burbridge in Community Development evaluate all Village Roads on a scale from 1 to 5, 5 being a road that will need to be rebuilt. Every year Public Works overlays rated 4 roads Discussion: This Year Public Works has identified the following Rated 4 roads to be overlaid. These roads are listed by subdivision: FOX CHASE

1. Beaver Crossing 2. Beaver Court

GATES CREEK

1. Arbor Lane 2. Gates Creek Drive- Mill Road to Willowwood 3. Willowwood Drive- Mill Road to Arbor Lane 4. Burr Oak Drive

IN TOWN AREAS

1. Main Street- Forest Avenue to Douglas Street 2. Penn Court


2 | P a g e

MILL RACE CREEK 1. Ashley Court 2. Bent Tree Court 3. Grey’s Court 4. Ridgefield Road 5. Waterford Drive

MORGAN CREEK

1. Chestnut Drive- Buckskin to Unit 3 OGDEN FALLS

1. Ogden Falls Boulevard- Unit 1 to Treasure Drive 2. Treasure Drive- Ogden Falls Boulevard to Unit 3

VICTORIA MEADOWS

1. Barnaby Drive 2. Charlotte Lane 3. Joseph Court 4. Mondovi Drive

Funding: There is $ 600,000 in the 2013/ 2014 Motor Fuel Tax Budget. Any overages will have to come out of the Motor Fuel Tax Budget Reserves. Recommendation: My recommendation is to approve the 2013 Motor Fuel Tax Roadway Project. Strategic Planning Objective: N/A

Draft

Draft

AGENDA MEMORANDUM DATE: April 30, 2013 TO: Village President Brian LeClercq and Board of Trustees FROM: Village Clerk, Tina Touchette SUBJECT: Consent Agenda Item for May 7, 2013 Regular Village Board

Meeting. Purpose To rescind Resolution No. 13-R-11. Background Resolution No. 13-R-11 was approved on April 16, 2013 for the temporary closing of Route 71 for Allied First Bank’s triathlon. As part of the authorization process, Illinois Department of Transportation (IDOT) is provided with a copy of the approved resolution and maps. IDOT reviews and provides the Village with an approval letter for the temporary closing. Discussion The Illinois Department of Transportation has requested additional clarification pertaining to the handling of traffic and requires a revised resolution indicating the detour routes to be utilized. Based on the potential number of participants and the current roadway characteristics of Route 71, IDOT would agree with the closure to traffic in this area, with traffic being diverted on a detour route. Funding N/A Recommendation The attached resolution, if approved, would rescind 13-R-11. If the Board is satisfied with the terms of this resolution, consideration to approve same is sought. Strategic Planning Objective: N/A


RESOLUTION NO. 13 – R -- ____

A RESOLUTION RESCINDING RESOLUTION NO. 13-R-11

A RESOLUTION AUTHORIZING THE TEMPORARY CLOSING OF ROUTE 71 FOR ALLIED FIRST BANK’S TRIATHLON IN THE VILLAGE OF OSWEGO

BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF

THE VILLAGE OF OSWEGO, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:

SECTION 1:

That Resolution No. 13-R-11 is hereby repealed.

SECTION 2. SEVERABILITY.

This Resolution, and every provision thereof, shall be considered severable. In the

event that any court of competent jurisdiction may find and declare any word, phrase,

clause, sentence, paragraph, provision or section or part of a phrase, clause, sentence,

paragraph, provision or section of this Resolution is void or unconstitutional, the remaining

words, phrases, clauses, sentences, paragraphs and provisions and parts of phrases, clauses,

sentences, paragraphs, provisions and sections not ruled void or unconstitutional shall

continue in full force and effect.

Draft

Ordinance No. 13 -R- __ Page 2

SECTION 3. REPEALER.

All Resolutions or parts of Resolutions in conflict with any of the provisions of this

Resolution shall be, and the same are hereby repealed.

SECTION 4. EFFECTIVE DATE.

This Resolution shall be in full force and effect from and after its passage and

approval.

PASSED this ____ day of _______, 2013 with said vote being:

TONY GILES TERRY MICHELS

GAIL JOHNSON JUDY SOLLINGER

JEFF LAWSON SCOTT VOLPE


Kendall County, Illinois this ____ day of ______, 2013.

_____________________________________ BRIAN LeCLERCQ, VILLAGE PRESIDENT

_______________________________________ TINA TOUCHETTE, VILLAGE CLERK

Draft

Ordinance No. 13 -R- __ Page 3

STATE OF ILLINOIS )



records and that the attached hereto is a true and correct copy of a Resolution entitled:

A RESOLUTION RESCINDING RESOLUTION NO. 13-R-11 A RESOLUTION AUTHORIZING THE TEMPORARY CLOSING OF ROUTE 71

FOR ALLIED FRIST BANK’S TRIATHLON IN THE VILLAGE OF OSWEGO

which Resolution was duly passed by said Board of Trustees at a regular meeting held on

the ___ day of _______, 2013.



Act.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ______, 2013.



Draft

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Table of Contents

Report

Debt Service Comparison 1

Sources & Uses 2

Debt Service Schedule 3

Pricing Summary 4

Proof of Premium Bond Selection of Call Dates/Pric 5

Proof of D/S for Arbitrage Purposes 6

Proof Of Bond Yield @ 2.4786472% 7

Escrow Fund Cashflow 8

Escrow Summary Cost 9

Primary Purpose Fund Proof Of Yield @ 0.3797645 10

Debt Service To Maturity And To Call 11

Current Outstanding Debt Service 14

Refund 06A 07A 07B Bonds | Issue Sum m ary | 3/26/2013 | 10:00 AM

Robert W . Baird & Co.Public Finance - DJW


Debt Service Comparison

Date Total P+I Existing D/S Net New D/S Old Net D/S Savings12/15/2013 161,639.73 987,256.25 1,148,895.98 1,169,650.00 20,754.0212/15/2014 345,850.00 1,114,787.50 1,460,637.50 1,479,575.00 18,937.5012/15/2015 344,450.00 1,118,987.50 1,463,437.50 1,483,775.00 20,337.5012/15/2016 343,050.00 1,101,550.00 1,444,600.00 1,466,337.50 21,737.5012/15/2017 341,650.00 1,103,337.50 1,444,987.50 1,468,125.00 23,137.5012/15/2018 345,250.00 1,112,762.50 1,458,012.50 1,477,550.00 19,537.5012/15/2019 348,750.00 1,104,700.00 1,453,450.00 1,469,487.50 16,037.5012/15/2020 1,457,150.00 - 1,457,150.00 1,474,787.50 17,637.5012/15/2021 1,451,450.00 - 1,451,450.00 1,467,987.50 16,537.5012/15/2022 1,449,850.00 - 1,449,850.00 1,469,487.50 19,637.5012/15/2023 1,442,200.00 - 1,442,200.00 1,463,312.50 21,112.5012/15/2024 1,443,650.00 - 1,443,650.00 1,465,212.50 21,562.5012/15/2025 1,403,900.00 - 1,403,900.00 1,424,781.26 20,881.2612/15/2026 674,150.00 - 674,150.00 688,400.00 14,250.0012/15/2027 690,100.00 - 690,100.00 697,412.50 7,312.50

Total $12,243,089.73 $7,643,381.25 $19,886,470.98 $20,165,881.26 $279,410.28

PV Analysis Summary (Net to Net)

Gross PV Debt Service Savings 241,288.47

Net PV Cashflow Savings @ 2.479%(Bond Yield) 241,288.47

Contingency or Rounding Amount 4,001.27Net Present Value Benefit $245,289.74

Net PV Benefit / $8,625,000 Refunded Principal 2.844%Net PV Benefit / $9,365,000 Refunding Principal 2.619%

Refunding Bond Information

Refunding Dated Date 6/17/2013Refunding Delivery Date 6/17/2013


Robert W . Baird & Co.Public Finance - DJW Page 1


Sources & Uses Dated 06/17/2013 | Delivered 06/17/2013

SOURCES OF FUNDS Par Amount of Bonds $9,365,000.00Reoffering Premium 416,693.00

TOTAL SOURCES $9,781,693.00

USES OF FUNDS Deposit to Net Cash Escrow Fund 9,609,121.73Costs of Issuance 168,570.00Rounding Amount 4,001.27

TOTAL USES $9,781,693.00




Debt Service Schedule

Date Principal Coupon Interest Total P+I Fiscal Total06/17/2013 - - - - -12/15/2013 25,000.00 2.000% 136,639.73 161,639.73 161,639.7306/15/2014 - - 137,925.00 137,925.00 -12/15/2014 70,000.00 2.000% 137,925.00 207,925.00 345,850.0006/15/2015 - - 137,225.00 137,225.00 -12/15/2015 70,000.00 2.000% 137,225.00 207,225.00 344,450.0006/15/2016 - - 136,525.00 136,525.00 -12/15/2016 70,000.00 2.000% 136,525.00 206,525.00 343,050.0006/15/2017 - - 135,825.00 135,825.00 -12/15/2017 70,000.00 2.000% 135,825.00 205,825.00 341,650.0006/15/2018 - - 135,125.00 135,125.00 -12/15/2018 75,000.00 2.000% 135,125.00 210,125.00 345,250.0006/15/2019 - - 134,375.00 134,375.00 -12/15/2019 80,000.00 2.000% 134,375.00 214,375.00 348,750.0006/15/2020 - - 133,575.00 133,575.00 -12/15/2020 1,190,000.00 3.000% 133,575.00 1,323,575.00 1,457,150.0006/15/2021 - - 115,725.00 115,725.00 -12/15/2021 1,220,000.00 3.000% 115,725.00 1,335,725.00 1,451,450.0006/15/2022 - - 97,425.00 97,425.00 -12/15/2022 1,255,000.00 3.000% 97,425.00 1,352,425.00 1,449,850.0006/15/2023 - - 78,600.00 78,600.00 -12/15/2023 1,285,000.00 3.000% 78,600.00 1,363,600.00 1,442,200.0006/15/2024 - - 59,325.00 59,325.00 -12/15/2024 1,325,000.00 3.000% 59,325.00 1,384,325.00 1,443,650.0006/15/2025 - - 39,450.00 39,450.00 -12/15/2025 1,325,000.00 3.000% 39,450.00 1,364,450.00 1,403,900.0006/15/2026 - - 19,575.00 19,575.00 -12/15/2026 635,000.00 3.000% 19,575.00 654,575.00 674,150.0006/15/2027 - - 10,050.00 10,050.00 -12/15/2027 670,000.00 3.000% 10,050.00 680,050.00 690,100.00

Total $9,365,000.00 - $2,878,089.73 $12,243,089.73 -

Yield Statistics

Bond Year Dollars $96,530.47Average Life 10.308 YearsAverage Coupon 2.9815349%

Net Interest Cost (NIC) 2.5498650%True Interest Cost (TIC) 2.4847068%Bond Yield for Arbitrage Purposes 2.4786472%All Inclusive Cost (AIC) 2.6818866%

IRS Form 8038 Net Interest Cost 2.4506998%Weighted Average Maturity 10.268 Years




Pricing Summary

MaturityType of

Bond Coupon YieldMaturity

Value Price Dollar Price12/15/2013 Serial Coupon 2.000% 0.500% 25,000.00 100.739% 25,184.7512/15/2014 Serial Coupon 2.000% 0.700% 70,000.00 101.929% 71,350.3012/15/2015 Serial Coupon 2.000% 0.800% 70,000.00 102.957% 72,069.9012/15/2016 Serial Coupon 2.000% 0.950% 70,000.00 103.600% 72,520.0012/15/2017 Serial Coupon 2.000% 1.150% 70,000.00 103.712% 72,598.4012/15/2018 Serial Coupon 2.000% 1.400% 75,000.00 103.162% 77,371.5012/15/2019 Serial Coupon 2.000% 1.650% 80,000.00 102.147% 81,717.6012/15/2020 Serial Coupon 3.000% 1.850% 1,190,000.00 108.013% 1,285,354.7012/15/2021 Serial Coupon 3.000% 2.100% 1,220,000.00 106.968% 1,305,009.6012/15/2022 Serial Coupon 3.000% 2.300% 1,255,000.00 105.939% 1,329,534.4512/15/2023 Serial Coupon 3.000% 2.500% 1,285,000.00 104.590% 1,343,981.5012/15/2024 Serial Coupon 3.000% 2.600% 1,325,000.00 103.653% c 1,373,402.2512/15/2025 Serial Coupon 3.000% 2.750% 1,325,000.00 102.265% c 1,355,011.2512/15/2026 Serial Coupon 3.000% 2.850% 635,000.00 101.352% c 643,585.2012/15/2027 Serial Coupon 3.000% 2.950% 670,000.00 100.448% c 673,001.60

Total - - - $9,365,000.00 - - $9,781,693.00

Bid Information

Par Amount of Bonds $9,365,000.00Reoffering Premium or (Discount) 416,693.00Gross Production $9,781,693.00

Bid (104.449%) 9,781,693.00

Total Purchase Price $9,781,693.00

Bond Year Dollars $96,530.47Average Life 10.308 YearsAverage Coupon 2.9815349%

Net Interest Cost (NIC) 2.5498650%True Interest Cost (TIC) 2.4847068%




Proof of Premium Bond Selection of Call Dates/Prices

Maturity Call Date Call PricePV at Bond

Yield Lowest?12/15/2024 - - 1,393,727.42 No12/15/2024 12/15/2023 100.000% 1,388,490.73 Yes




Proof of D/S for Arbitrage Purposes

Date Principal Interest Total06/17/2013 - - -12/15/2013 25,000.00 136,639.72 161,639.7206/15/2014 - 137,925.00 137,925.0012/15/2014 70,000.00 137,925.00 207,925.0006/15/2015 - 137,225.00 137,225.0012/15/2015 70,000.00 137,225.00 207,225.0006/15/2016 - 136,525.00 136,525.0012/15/2016 70,000.00 136,525.00 206,525.0006/15/2017 - 135,825.00 135,825.0012/15/2017 70,000.00 135,825.00 205,825.0006/15/2018 - 135,125.00 135,125.0012/15/2018 75,000.00 135,125.00 210,125.0006/15/2019 - 134,375.00 134,375.0012/15/2019 80,000.00 134,375.00 214,375.0006/15/2020 - 133,575.00 133,575.0012/15/2020 1,190,000.00 133,575.00 1,323,575.0006/15/2021 - 115,725.00 115,725.0012/15/2021 1,220,000.00 115,725.00 1,335,725.0006/15/2022 - 97,425.00 97,425.0012/15/2022 1,255,000.00 97,425.00 1,352,425.0006/15/2023 - 78,600.00 78,600.0012/15/2023 2,610,000.00 78,600.00 2,688,600.0006/15/2024 - 39,450.00 39,450.0012/15/2024 - 39,450.00 39,450.0006/15/2025 - 39,450.00 39,450.0012/15/2025 1,325,000.00 39,450.00 1,364,450.0006/15/2026 - 19,575.00 19,575.0012/15/2026 635,000.00 19,575.00 654,575.0006/15/2027 - 10,050.00 10,050.0012/15/2027 670,000.00 10,050.00 680,050.00

Total $9,365,000.00 $2,838,339.72 $12,203,339.72




Proof Of Bond Yield @ 2.4786472%

Date Cashflow PV FactorPresent

ValueCumulative

PV06/17/2013 - 1.0000000x - -12/15/2013 161,639.72 0.9878937x 159,682.86 159,682.8606/15/2014 137,925.00 0.9758003x 134,587.26 294,270.1212/15/2014 207,925.00 0.9638551x 200,409.56 494,679.6806/15/2015 137,225.00 0.9520560x 130,645.89 625,325.5712/15/2015 207,225.00 0.9404014x 194,874.68 820,200.2406/15/2016 136,525.00 0.9288894x 126,816.63 947,016.8812/15/2016 206,525.00 0.9175184x 189,490.49 1,136,507.3706/15/2017 135,825.00 0.9062866x 123,096.38 1,259,603.7412/15/2017 205,825.00 0.8951923x 184,252.95 1,443,856.6906/15/2018 135,125.00 0.8842338x 119,482.09 1,563,338.7812/15/2018 210,125.00 0.8734094x 183,525.15 1,746,863.9206/15/2019 134,375.00 0.8627175x 115,927.67 1,862,791.5912/15/2019 214,375.00 0.8521565x 182,681.06 2,045,472.6506/15/2020 133,575.00 0.8417248x 112,433.40 2,157,906.0512/15/2020 1,323,575.00 0.8314209x 1,100,447.86 3,258,353.9006/15/2021 115,725.00 0.8212430x 95,038.35 3,353,392.2512/15/2021 1,335,725.00 0.8111897x 1,083,526.40 4,436,918.6506/15/2022 97,425.00 0.8012595x 78,062.71 4,514,981.3612/15/2022 1,352,425.00 0.7914509x 1,070,377.97 5,585,359.3306/15/2023 78,600.00 0.7817623x 61,446.52 5,646,805.8512/15/2023 2,688,600.00 0.7721924x 2,076,116.40 7,722,922.2506/15/2024 39,450.00 0.7627396x 30,090.08 7,753,012.3212/15/2024 39,450.00 0.7534025x 29,721.73 7,782,734.0506/15/2025 39,450.00 0.7441797x 29,357.89 7,812,091.9412/15/2025 1,364,450.00 0.7350698x 1,002,965.95 8,815,057.8906/15/2026 19,575.00 0.7260714x 14,212.85 8,829,270.7412/15/2026 654,575.00 0.7171832x 469,450.18 9,298,720.9206/15/2027 10,050.00 0.7084038x 7,119.46 9,305,840.3712/15/2027 680,050.00 0.6997318x 475,852.63 9,781,693.00

Total $12,203,339.72 - $9,781,693.00 -

Derivation Of Target Amount

Par Amount of Bonds $9,365,000.00Reoffering Premium or (Discount) 416,693.00

Original Issue Proceeds $9,781,693.00




Escrow Fund Cashflow

Date Principal Rate Interest Receipts DisbursementsCash

Balance06/17/2013 - - - 2.73 - 2.7312/15/2013 165,486.00 0.090% 16,906.81 182,392.81 182,393.75 1.7906/15/2014 165,177.00 0.120% 17,216.08 182,393.08 182,393.75 1.1212/15/2014 165,375.00 0.180% 17,018.97 182,393.97 182,393.75 1.3406/15/2015 165,524.00 0.240% 16,870.15 182,394.15 182,393.75 1.7412/15/2015 4,840,721.00 0.300% 16,671.53 4,857,392.53 4,857,393.75 0.5206/15/2016 78,346.00 0.370% 9,410.46 87,756.46 87,756.25 0.7312/15/2016 4,028,490.00 0.460% 9,265.52 4,037,755.52 4,037,756.25 -

Total $9,609,119.00 - $103,359.52 $9,712,481.25 $9,712,481.25 -

Investment Parameters

Investment Model [PV, GIC, or Securities] SecuritiesDefault investment yield target Bond Yield

Cash Deposit 2.73Cost of Investments Purchased with Bond Proceeds 9,609,119.00Total Cost of Investments $9,609,121.73

Target Cost of Investments at bond yield $9,061,747.13Actual positive or (negative) arbitrage (547,374.60)

Yield to Receipt 0.3797645%Yield for Arbitrage Purposes 2.4786472%

State and Local Government Series (SLGS) rates for 3/25/2013




Escrow Summary Cost

Maturity Type Coupon Yield $ PricePar

AmountPrincipal

Cost+Accrued

Interest = Total CostEscrow

12/15/2013 SLGS-CI 0.090% 0.090% 100.0000000% 165,486 165,486.00 - 165,486.0006/15/2014 SLGS-CI 0.120% 0.120% 100.0000000% 165,177 165,177.00 - 165,177.0012/15/2014 SLGS-NT 0.180% 0.180% 100.0000000% 165,375 165,375.00 - 165,375.0006/15/2015 SLGS-NT 0.240% 0.240% 100.0000000% 165,524 165,524.00 - 165,524.0012/15/2015 SLGS-NT 0.300% 0.300% 100.0000000% 4,840,721 4,840,721.00 - 4,840,721.0006/15/2016 SLGS-NT 0.370% 0.370% 100.0000000% 78,346 78,346.00 - 78,346.0012/15/2016 SLGS-NT 0.460% 0.460% 100.0000000% 4,028,490 4,028,490.00 - 4,028,490.00

Subtotal - - - $9,609,119 $9,609,119.00 - $9,609,119.00Total - - - $9,609,119 $9,609,119.00 - $9,609,119.00

EscrowCash Deposit 2.73Cost of Investments Purchased with Bond Proceeds 9,609,119.00Total Cost of Investments $9,609,121.73

Delivery Date 6/17/2013




Primary Purpose Fund Proof Of Yield @ 0.3797645%

Date Cashflow PV FactorPresent

ValueCumulative

PV06/17/2013 - 1.0000000x - -12/15/2013 182,392.81 0.9981258x 182,050.97 182,050.9706/15/2014 182,393.08 0.9962341x 181,706.21 363,757.1912/15/2014 182,393.97 0.9943461x 181,362.72 545,119.9106/15/2015 182,394.15 0.9924615x 181,019.18 726,139.0912/15/2015 4,857,392.53 0.9905806x 4,811,638.86 5,537,777.9506/15/2016 87,756.46 0.9887032x 86,765.10 5,624,543.0412/15/2016 4,037,755.52 0.9868294x 3,984,575.96 9,609,119.00

Total $9,712,478.52 - $9,609,119.00 -

Composition Of Initial Deposit

Cost of Investments Purchased with Bond Proceeds 9,609,119.00

Adjusted Cost of Investments 9,609,119.00



Village of Oswego, Illinois General Obligation Bonds, Series 2006A Dated: May 15, 2006 Callable: December 15, 2016 @ 100

Debt Service To Maturity And To Call

DateRefunded

BondsRefunded

Interest D/S To Call Principal Coupon InterestRefunded

D/S12/15/2013 - 87,756.25 87,756.25 - 4.300% 87,756.25 87,756.2506/15/2014 - 87,756.25 87,756.25 - - 87,756.25 87,756.2512/15/2014 - 87,756.25 87,756.25 - 4.300% 87,756.25 87,756.2506/15/2015 - 87,756.25 87,756.25 - - 87,756.25 87,756.2512/15/2015 - 87,756.25 87,756.25 - 4.300% 87,756.25 87,756.2506/15/2016 - 87,756.25 87,756.25 - - 87,756.25 87,756.2512/15/2016 3,950,000.00 87,756.25 4,037,756.25 - 4.300% 87,756.25 87,756.2506/15/2017 - - - - - 87,756.25 87,756.2512/15/2017 - - - - 4.300% 87,756.25 87,756.2506/15/2018 - - - - - 87,756.25 87,756.2512/15/2018 - - - - 4.375% 87,756.25 87,756.2506/15/2019 - - - - - 87,756.25 87,756.2512/15/2019 - - - - 4.400% 87,756.25 87,756.2506/15/2020 - - - - - 87,756.25 87,756.2512/15/2020 - - - 600,000.00 4.400% 87,756.25 687,756.2506/15/2021 - - - - - 74,556.25 74,556.2512/15/2021 - - - 625,000.00 4.400% 74,556.25 699,556.2506/15/2022 - - - - - 60,806.25 60,806.2512/15/2022 - - - 650,000.00 4.450% 60,806.25 710,806.2506/15/2023 - - - - - 46,343.75 46,343.7512/15/2023 - - - 675,000.00 4.450% 46,343.75 721,343.7506/15/2024 - - - - - 31,325.00 31,325.0012/15/2024 - - - 700,000.00 4.450% 31,325.00 731,325.0006/15/2025 - - - - - 15,750.00 15,750.0012/15/2025 - - - 700,000.00 4.500% 15,750.00 715,750.00

Total $3,950,000.00 $614,293.75 $4,564,293.75 $3,950,000.00 - $1,773,906.25 $5,723,906.25

Yield Statistics

Base date for Avg. Life & Avg. Coupon Calculation 6/17/2013Average Life 10.089 YearsAverage Coupon 4.4486706%Weighted Average Maturity (Par Basis) 10.089 Years



Oswego 06A Bonds | SINGLE PURPOSE | 3/26/2013 | 10:00 AM


Village of Oswego, IL General Obligation Bonds (ARS), Series 2007A Dated: December 15, 2007 Callable: December 15, 2015 @ 100


DateRefunded

BondsRefunded


D/S12/15/2013 - 35,637.50 35,637.50 - 4.000% 35,637.50 35,637.5006/15/2014 - 35,637.50 35,637.50 - - 35,637.50 35,637.5012/15/2014 - 35,637.50 35,637.50 - 4.000% 35,637.50 35,637.5006/15/2015 - 35,637.50 35,637.50 - - 35,637.50 35,637.5012/15/2015 1,725,000.00 35,637.50 1,760,637.50 - 4.000% 35,637.50 35,637.5006/15/2016 - - - - - 35,637.50 35,637.5012/15/2016 - - - - 4.000% 35,637.50 35,637.5006/15/2017 - - - - - 35,637.50 35,637.5012/15/2017 - - - - 4.000% 35,637.50 35,637.5006/15/2018 - - - - - 35,637.50 35,637.5012/15/2018 - - - - 4.000% 35,637.50 35,637.5006/15/2019 - - - - - 35,637.50 35,637.5012/15/2019 - - - - 4.000% 35,637.50 35,637.5006/15/2020 - - - - - 35,637.50 35,637.5012/15/2020 - - - 185,000.00 4.000% 35,637.50 220,637.5006/15/2021 - - - - - 31,937.50 31,937.5012/15/2021 - - - 200,000.00 4.000% 31,937.50 231,937.5006/15/2022 - - - - - 27,937.50 27,937.5012/15/2022 - - - 200,000.00 4.125% 27,937.50 227,937.5006/15/2023 - - - - - 23,812.50 23,812.5012/15/2023 - - - 210,000.00 4.125% 23,812.50 233,812.5006/15/2024 - - - - - 19,481.25 19,481.2512/15/2024 - - - 225,000.00 4.125% 19,481.25 244,481.2506/15/2025 - - - - - 14,840.63 14,840.6312/15/2025 - - - 225,000.00 4.125% 14,840.63 239,840.6306/15/2026 - - - - - 10,200.00 10,200.0012/15/2026 - - - 235,000.00 4.250% 10,200.00 245,200.0006/15/2027 - - - - - 5,206.25 5,206.2512/15/2027 - - - 245,000.00 4.250% 5,206.25 250,206.25

Total $1,725,000.00 $178,187.50 $1,903,187.50 $1,725,000.00 - $801,393.76 $2,526,393.76

Yield Statistics






Village of Oswego, IL General Obligation Bonds (ARS), Series 2007B Dated: December 15, 2007 Callable: December 15, 2015 @ 100


DateRefunded

BondsRefunded


D/S12/15/2013 - 59,000.00 59,000.00 - 3.750% 59,000.00 59,000.0006/15/2014 - 59,000.00 59,000.00 - - 59,000.00 59,000.0012/15/2014 - 59,000.00 59,000.00 - 3.750% 59,000.00 59,000.0006/15/2015 - 59,000.00 59,000.00 - - 59,000.00 59,000.0012/15/2015 2,950,000.00 59,000.00 3,009,000.00 - 3.750% 59,000.00 59,000.0006/15/2016 - - - - - 59,000.00 59,000.0012/15/2016 - - - - 3.750% 59,000.00 59,000.0006/15/2017 - - - - - 59,000.00 59,000.0012/15/2017 - - - - 4.000% 59,000.00 59,000.0006/15/2018 - - - - - 59,000.00 59,000.0012/15/2018 - - - - 4.000% 59,000.00 59,000.0006/15/2019 - - - - - 59,000.00 59,000.0012/15/2019 - - - - 4.000% 59,000.00 59,000.0006/15/2020 - - - - - 59,000.00 59,000.0012/15/2020 - - - 325,000.00 4.000% 59,000.00 384,000.0006/15/2021 - - - - - 52,500.00 52,500.0012/15/2021 - - - 325,000.00 4.000% 52,500.00 377,500.0006/15/2022 - - - - - 46,000.00 46,000.0012/15/2022 - - - 350,000.00 4.000% 46,000.00 396,000.0006/15/2023 - - - - - 39,000.00 39,000.0012/15/2023 - - - 360,000.00 4.000% 39,000.00 399,000.0006/15/2024 - - - - - 31,800.00 31,800.0012/15/2024 - - - 375,000.00 4.000% 31,800.00 406,800.0006/15/2025 - - - - - 24,300.00 24,300.0012/15/2025 - - - 390,000.00 4.000% 24,300.00 414,300.0006/15/2026 - - - - - 16,500.00 16,500.0012/15/2026 - - - 400,000.00 4.000% 16,500.00 416,500.0006/15/2027 - - - - - 8,500.00 8,500.0012/15/2027 - - - 425,000.00 4.000% 8,500.00 433,500.00

Total $2,950,000.00 $295,000.00 $3,245,000.00 $2,950,000.00 - $1,322,200.00 $4,272,200.00

Yield Statistics




Oswego 07B Bonds | SINGLE PURPOSE | 3/26/2013 | 10:00 AM


Village of Oswego, Illinois General Obligation Bonds, Series 2006A Dated: May 15, 2006 Callable: December 15, 2016 @ 100

Current Outstanding Debt Service

Date Principal Coupon Interest Total P+I12/15/2013 450,000.00 4.300% 77,356.25 527,356.2512/15/2014 475,000.00 4.300% 135,362.50 610,362.5012/15/2015 500,000.00 4.300% 114,937.50 614,937.5012/15/2016 500,000.00 4.300% 93,437.50 593,437.5012/15/2017 525,000.00 4.300% 71,937.50 596,937.5012/15/2018 550,000.00 4.375% 49,362.50 599,362.5012/15/2019 575,000.00 4.400% 25,300.00 600,300.00

Total $3,575,000.00 - $567,693.75 $4,142,693.75

Yield Statistics






Village of Oswego, IL General Obligation Bonds (ARS), Series 2007A Dated: December 15, 2007 Callable: December 15, 2015 @ 100



Total $1,125,000.00 - $163,100.00 $1,288,100.00

Yield Statistics






Village of Oswego, IL General Obligation Bonds (ARS), Series 2007B Dated: December 15, 2007 Callable: December 15, 2015 @ 100



Total $1,935,000.00 - $277,587.50 $2,212,587.50

Yield Statistics




Oswego 07B Bonds | SINGLE PURPOSE | 3/26/2013 | 10:00 AM


3371228 01 03 2207165 • HDP • 5/1/13

EXTRACT OF MINUTES of the regular public meeting of the President and Board of Trustees of the Village of Oswego, Kendall County, Illinois, held at the Oswego Village Hall, 100 Parkers Mill, Oswego, Illinois, in said Village, at 5:30 P.M., on the 7th day of May, 2013.

The President called the meeting to order and directed the Village Clerk to call the roll.

Upon the roll being called, Brian LeClercq, the President and the following Trustees

answered physically present at said location: __________________________________________

______________________________________________________________________________

The following Trustees were allowed by a majority of the President and Board of

Trustees in accordance with and to the extent allowed by rules adopted by the President and

Board of Trustees to attend the meeting by video or audio conference: _____________________

No Trustee was not permitted to attend the meeting by video or audio conference.

The following Trustees were absent and did not participate in the meeting in any manner

or to any extent whatsoever: _______________________________________________________

The President and Board of Trustees then discussed the proposed bond refunding for the

Village and considered an ordinance providing for the issuance of not to exceed $11,300,000

General Obligation Refunding Bonds, Series 2013, of the Village and providing for the levy and

collection of a direct annual tax sufficient for the payment of the principal of and interest on said

bonds.

Thereupon, the President presented and explained, and there was incorporated into the

record in full, the following ordinance:

Draft

AN ORDINANCE providing for the issuance of not to exceed $11,300,000 General Obligation Refunding Bonds, Series 2013, of the Village of Oswego, Kendall County, Illinois, for the purpose of refunding certain outstanding bonds of said Village, and providing for the levy and collection of a direct annual tax sufficient for the payment of the principal of and interest on said bonds.

(the “Bond Ordinance”).

Trustee __________________ moved and Trustee __________________ seconded the

motion that the Bond Ordinance as presented be adopted.

A President and Board of Trustees discussion of the matter followed. During the

discussion, the President gave a public recital of the nature of the matter, which included a

reading of the title of the ordinance and statements (1) that the ordinance provided for the

issuance of general obligation bonds for the purpose of paying the costs of refunding certain

outstanding general obligation bonds, (2) that the bonds are issuable without referendum

pursuant to the home rule powers of the Village, (3) that the ordinance provides for the levy of

taxes to pay the bonds, and (4) that the ordinance provides many details for the bonds, including

tax-exempt status covenants, provision for terms and form of the bonds, authorization of an

escrow agreement and appropriations.

The President directed that the roll be called for a vote upon the motion to adopt the

ordinance.

Upon the roll being called, the following Trustees voted AYE: _____________________

______________________________________________________________________________

and the following Trustees voted NAY: ______________________________________________

WHEREUPON, the President declared the motion carried and the ordinance adopted, and

henceforth did approve and sign the same in open meeting, and did direct the Village Clerk to

record the same in full in the records of the President and Board of Trustees of the Village of

Oswego, Kendall County, Illinois.

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Other business was duly transacted at said meeting.

Upon motion duly made and carried, the meeting adjourned.

______________________________________ Village Clerk

Draft

ORDINANCE NUMBER ______


Adopted by the President and Board of Trustees on the 7th day of May, 2013.

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TABLE OF CONTENTS

SECTION HEADING PAGE

SECTION 1. DEFINITIONS ......................................................................................................2

SECTION 2. INCORPORATION OF PREAMBLES ......................................................................5

SECTION 3. DETERMINATION TO ISSUE BONDS ...................................................................5

SECTION 4. BOND DETAILS. .................................................................................................5

SECTION 5. GLOBAL BOOK-ENTRY SYSTEM .......................................................................6

SECTION 6. EXECUTION; AUTHENTICATION ........................................................................8

SECTION 7. TERM BONDS, MANDATORY REDEMPTION AND COVENANTS .........................9

SECTION 8. OPTIONAL REDEMPTION ...................................................................................9

SECTION 9. TERM BONDS PURCHASE OR REDEMPTION ....................................................10

SECTION 10. REDEMPTION PROCEDURE ..............................................................................10

SECTION 11. REGISTRATION AND EXCHANGE OR TRANSFER OF BONDS; PERSONS TREATED AS OWNERS ...............................................................13

SECTION 12. FORM OF BOND ................................................................................................14

SECTION 13. TAX LEVY ..........................................................................................................3

SECTION 14. FILING WITH COUNTY CLERK ...........................................................................4

SECTION 15. SALE OF BONDS; BOND NOTIFICATION ............................................................5

SECTION 16. CREATION OF FUNDS AND APPROPRIATIONS ...................................................6

SECTION 17. NON-ARBITRAGE AND TAX-EXEMPTION ..........................................................8

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SECTION 18. RIGHTS AND DUTIES OF BOND REGISTRAR AND PAYING AGENT .................29

SECTION 19. TAXES PREVIOUSLY LEVIED ...........................................................................30

SECTION 20. DEFEASANCE ...................................................................................................30

SECTION 21. CONTINUING DISCLOSURE UNDERTAKING ....................................................30

SECTION 22. CALL OF REFUNDED BONDS ...........................................................................31

SECTION 23. MUNICIPAL BOND INSURANCE .......................................................................31

SECTION 24. SEVERABILITY .................................................................................................32

SECTION 26. SUPERSEDER AND EFFECTIVE DATE ...............................................................33

This Table of Contents is for convenience only and is not a part of the Ordinance.

Draft

ORDINANCE NUMBER ____


WHEREAS by virtue of its population and pursuant to the provisions of Section 6 of

Article VII of the Constitution of the State of Illinois, the Village of Oswego, Kendall County,

Illinois (the “Village”), is a home rule unit and may exercise any power or perform any function

pertaining to its government and affairs including, but not limited to, the power to tax and to

incur debt; and

WHEREAS pursuant to the provisions of said Section 6, the Village has the power to incur

debt payable from ad valorem property tax receipts or from any other lawful source and maturing

within 40 years from the time it is incurred without prior referendum approval; and

WHEREAS the Village has heretofore issued the following outstanding and validly

subsisting and unpaid general obligation bonds: General Obligation Bonds, Series 2006A, dated

May 15, 2006, General Obligation Bonds (Alternate Revenue Source), Series 2007A, dated

December 15, 2007, and General Obligation Bonds (Alternate Revenue Source), Series 2007B,

dated December 15, 2007 (together, the “Prior Bonds”); and

WHEREAS the President and Board of Trustees of the Village (the “Village Board”) has

considered and determined that interest rates available in the bond market are currently more

favorable for the Village than they were at the time when the Prior Bonds were issued and that it

is possible, proper and advisable to provide for the timely refunding, if such favorable rates

continue, of the Prior Bonds (the bonds actually being refunded being the “Refunded Bonds”),

and to provide for the payment and redemption thereof on the earliest date of redemption, to the

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end of taking advantage of the debt service savings which may result from such lower interest

rates (which refunding may hereinafter be referred to as the “Refunding”); and

WHEREAS pursuant to the hereinafter defined Act, the Village is authorized to issue

general obligation bonds to accomplish the Refunding and it is deemed necessary and desirable

to provide for the issuance of not to exceed $11,300,000 principal amount general obligation

bonds for such purpose and for the purpose of realizing such net debt service savings from the

Refunding in accordance with the Act; and

WHEREAS the Refunded Bonds are more fully described in the Escrow Agreement

referred to in Section 16 hereof and are presently outstanding and unpaid and are binding and

subsisting legal obligations of the Village; and

WHEREAS the Village Board does hereby determine that it is advisable and in the best

interests of the Village to borrow not to exceed $11,300,000 at this time pursuant to the Act for

the purpose of paying the costs of the Refunding and, in evidence of such borrowing, issue its

full faith and credit bonds in one or more series in the principal amount of not to exceed

$11,300,000;

WHEREAS in accordance with the terms of the Refunded Bonds, the Refunded Bonds

may be called for redemption in advance of their maturity, and it is necessary and desirable to

make such call for the redemption of the Refunded Bonds on their earliest possible call dates,

and provide for the giving of proper notice to the registered owners of the Refunded Bonds:

NOW THEREFORE Be It Ordained by the President and Board of Trustees of the Village

of Oswego, Kendall County, Illinois, in the exercise of its home rule powers, as follows:

Section 1. Definitions. Words and terms used in this Ordinance shall have the

meanings given them unless the context or use clearly indicates another or different meaning is

intended.

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A. The following words and terms are as defined in the preambles hereto.

Prior Bonds Refunded Bonds Refunding Village Village Board

B. The following words and terms are as defined as set forth.

“Act” means, collectively, the Illinois Municipal Code, as supplemented and amended,

the home rule powers of the Village under Section 6 of Article VII of the Constitution of the

State of Illinois; and, in the event of conflict between the provisions of said code and home rule

powers, the home rule powers shall be deemed to supersede the provisions of said code.

“Bond” or “Bonds” means one or more, as applicable, of the not to exceed $11,300,000

General Obligation Refunding Bonds, Series 2013, authorized to be issued by this Ordinance.

“Bond Fund” means the Bond Fund established and defined in Section 16 of this

Ordinance.

“Bond Moneys” means the Pledged Taxes and any other moneys deposited into the Bond

Fund and investment income earned in the Bond Fund.

“Bond Notification” means the Bond Notification as authorized to be executed by the

Designated Officials of the Village in Section 15 of this Ordinance and by which the final terms

of the Bonds will be established.

“Bond Register” means the books of the Village kept by the Bond Registrar to evidence

the registration and transfer of the Bonds.

“Bond Registrar” means The Bank of New York Mellon Trust Company, National

Association, Chicago, Illinois, as the bond registrar for the Bonds, or a successor thereto.

“Code” means the Internal Revenue Code of 1986, as amended.

“County Clerk” means the County Clerk of The County of Kendall, Illinois.

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“Designated Officials” means the President and the Finance Director of the Village,

acting together.

“Escrow Agent” means the escrow agent (which shall be a bank or trust company with a

corporate trust office located in the State of Illinois) as set forth in the Escrow Agreement, or a

successor thereto.

“Ordinance” means this Ordinance, numbered as set forth on the title page hereof, and

passed by the Village Board on the 7th day of May, 2013.

“Paying Agent” means The Bank of New York Mellon Trust Company, National

Association, Chicago, Illinois, as the paying agent for the Bonds, or a successor thereto.

“Pledged Taxes” means the taxes levied on the taxable property within the Village to pay

principal of and interest on the Bonds as made in Section 13 hereof.

“President” means the President of the Village.

“Purchaser” means Robert W. Baird & Co. Incorporated, Naperville, Illinois.

“Record Date” means the 1st day of the month of any interest payment date.

“Tax-exempt” means, with respect to the Bonds, the status of interest paid and received

thereon as not includable in the gross income of the owners thereof under the Code for federal

income tax purposes except to the extent that such interest will be taken into account in

computing an adjustment used in determining the alternative minimum tax for certain

corporations.

“Term Bonds” means Bonds subject to mandatory redemption by operation of the Bond

Fund and designated as term bonds in the Bond Notification.

C. Definitions also appear in the preambles hereto or in specific sections, as appear

below. The headings in this Ordinance are for the convenience of the reader and are not a part of

this Ordinance.

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Section 2. Incorporation of Preambles. The Village Board hereby finds that all of the

recitals contained in the preambles to this Ordinance are true, correct and complete and does

incorporate them into this Ordinance by this reference.

Section 3. Determination to Issue Bonds. It is necessary and in the best interests of the

Village to provide for the Refunding to achieve a net debt service savings and to pay all related

costs and expenses incidental thereto, and to borrow money and issue the Bonds for such

purposes. It is hereby found and determined that such borrowing of money is necessary for the

welfare of the government and affairs of the Village, is for a proper public purpose or purposes

and is in the public interest, and is authorized pursuant to the Act; and these findings and

determinations shall be deemed conclusive.

Section 4. Bond Details. For the purpose of providing for such costs, there shall be

issued and sold the Bonds in the principal amount of not to exceed $11,300,000. The Bonds

shall each be designated “General Obligation Refunding Bond, Series 2013” or such other name

or names or series designation as may be appropriate and as stated in the Bond Notification. The

Bonds, if issued, shall be dated such date (not prior to May 7, 2013) as set forth in the Bond

Notification (the “Dated Date”), and shall also bear the date of authentication, shall be in fully

registered form, shall be in denominations of $5,000 each or authorized integral multiples

thereof (but no single Bond shall represent installments of principal maturing on more than one

date), and shall be numbered 1 and upward. The Bonds shall become due and payable serially or

be subject to mandatory redemption as shall be set forth in the Bond Notification (with option of

prior redemption as hereinafter set forth) and in such principal amounts as shall be set forth

therein; provided, however, that the final maturity shall be due on or before December 15, 2027,

and each maturity or sinking fund payment shall not exceed $1,350,000. Each Bond shall bear

interest, at a rate not to exceed 5.50% per annum, from the later of its Dated Date as herein

Draft

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provided or from the most recent interest payment date to which interest has been paid or duly

provided for, until the principal amount of such Bond is paid or duly provided for, such interest

(computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 15

and December 15 of each year, commencing with the first interest payment date as set forth in

the Bond Notification.

Interest on each Bond shall be paid by check or draft of the Paying Agent, payable upon

presentation thereof in lawful money of the United States of America, to the person in whose

name such Bond is registered at the close of business on the applicable Record Date, and mailed

to the registered owner of the Bond as shown in the Bond Register or at such other address

furnished in writing by such Registered Owner. The principal of or redemption price due on the

Bonds shall be payable in lawful money of the United States of America upon presentation

thereof at the principal corporate trust office of the Paying Agent.

Section 5. Global Book-Entry System. If requested by the Purchaser, the Bonds shall

be initially issued in the form of a separate single fully registered Bond for each of the maturities

of the Bonds as provided in Section 4 hereof, and the ownership of each such Bond shall be

registered in the Bond Register in the name of Cede & Co., or any successor thereto (“Cede”),

as nominee of The Depository Trust Company, New York, New York, and its successors and

assigns (“DTC”). All of the outstanding Bonds shall be registered in the Bond Register in the

name of Cede, as nominee of DTC, except as hereinafter provided. The President, Village

Treasurer and Village Clerk are hereby authorized to execute and deliver on behalf of the Village

such letters to or agreements with DTC and the Bond Registrar as shall be necessary to

effectuate such book-entry system (any such letter or agreement being referred to herein as the

“Representation Letter”).

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With respect to the Bonds registered in the Bond Register in the name of Cede, as

nominee of DTC, the Village and the Bond Registrar shall have no responsibility or obligation to

any broker-dealer, bank or other financial institution for which DTC holds Bonds from time to

time as securities depository (each such broker-dealer, bank or other financial institution being

referred to herein as a “DTC Participant”) or to any person on behalf of whom such a DTC

Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence,

the Village and the Bond Registrar shall have no responsibility or obligation with respect to

(i) the accuracy of the records of DTC, Cede or any DTC Participant with respect to any

ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person,

other than a registered owner of a Bond as shown in the Bond Register, of any notice with

respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC

Participant or any other person, other than a registered owner of a Bond as shown in the Bond

Register, of any amount with respect to principal of or interest on the Bonds. The Village and

the Bond Registrar may treat and consider the person in whose name each Bond is registered in

the Bond Register as the holder and absolute owner of such Bond for the purpose of payment of

principal and interest with respect to such Bond, for the purpose of giving notices of redemption

and other matters with respect to such Bond, for the purpose of registering transfers with respect

to such Bond, and for all other purposes whatsoever. The Bond Registrar shall pay all principal

of and interest on the Bonds only to or upon the order of the respective registered owners of the

Bonds, as shown in the Bond Register, or their respective attorneys duly authorized in writing,

and all such payments shall be valid and effective to fully satisfy and discharge the Village’s

obligations with respect to payment of principal of and interest on the Bonds to the extent of the

sum or sums so paid. No person other than a registered owner of a Bond as shown in the Bond

Register, shall receive a Bond certificate evidencing the obligation of the Village to make

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payments of principal and interest with respect to any Bond. Upon delivery by DTC to the Bond

Registrar of written notice to the effect that DTC has determined to substitute a new nominee in

place of Cede, the name “Cede” in this Ordinance shall refer to such new nominee of DTC.

In the event that (i) the Village determines that DTC is incapable of discharging its

responsibilities described herein and in the Representation Letter, (ii) the agreement among the

Village, the Bond Registrar and DTC evidenced by the Representation Letter shall be terminated

for any reason or (iii) the Village determines that it is in the best interests of the beneficial

owners of the Bonds that they be able to obtain certificated Bonds, the Village shall notify DTC

and DTC Participants of the availability through DTC of Bond certificates and the Bonds shall

no longer be restricted to being registered in the Bond Register in the name of Cede, as nominee

of DTC. At the time, the Village may determine that the Bonds shall be registered in the name

of and deposited with such other depository operating a global book-entry system, as may be

acceptable to the Village, or such depository’s agent or designee, and if the Village does not

select such alternate global book-entry system, then the Bonds may be registered in whatever

name or names registered owners of Bonds transferring or exchanging Bonds shall designate, in

accordance with the provisions of Section 11 hereof.

Notwithstanding any other provision of this Ordinance to the contrary, so long as any

Bond is registered in the name of Cede, as nominee of DTC, all payments with respect to

principal of and interest on such Bond and all notices with respect to such Bond shall be made

and given, respectively, in the manner provided in the Representation Letter.

Section 6. Execution; Authentication. The Bonds shall be executed on behalf of the

Village by the manual or duly authorized facsimile signature of its President and attested by the

manual or duly authorized facsimile signature of its Village Clerk, as they may determine, and

shall have impressed or imprinted thereon the corporate seal or facsimile thereof of the Village.

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In case any such officer whose signature shall appear on any Bond shall cease to be such officer

before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all

purposes, the same as if such officer had remained in office until delivery. All Bonds shall have

thereon a certificate of authentication, substantially in the form hereinafter set forth, duly

executed by the Bond Registrar as authenticating agent of the Village and showing the date of

authentication. No 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 Bond shall be conclusive evidence that such Bond has been

authenticated and delivered under this Ordinance. The certificate of authentication on any Bond

shall be deemed to have been executed by it if signed by an authorized officer of the Bond

Registrar, but it shall not be necessary that the same officer sign the certificate of authentication

on all of the Bonds issued hereunder.

Section 7. Term Bonds, Mandatory Redemption and Covenants. The Bonds may be

subject to mandatory redemption (as Term Bonds) as provided in the Bond Notification. Bonds

designated as Term Bonds shall be made subject to mandatory redemption by operation of the

Bond Fund at a price of not to exceed par and accrued interest, without premium, on a given date

of the years and in the amounts as shall be determined in the Bond Notification. The Village

covenants that it will redeem any Term Bonds pursuant to the mandatory redemption

requirement for such Term Bonds and levy taxes accordingly.

Section 8. Optional Redemption. All or a portion of the Bonds, if any, due on and

after the date, if any, specified in the Bond Notification shall be subject to redemption prior to

maturity at the option of the Village from any available funds, as a whole or in part, and if in part

in integral multiples of $5,000 in any order of their maturity as determined by the Village (less

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than all of the Bonds of a single maturity to be selected by the Bond Registrar), on the date

specified in the Bond Notification, if any, (not later than 10-1/2 years from the date of the

issuance of the Bonds) and on any date thereafter, at the redemption price of par plus accrued

interest to the date fixed for redemption.

Section 9. Term Bonds Purchase or Redemption. If the Village redeems pursuant to

optional redemption as hereinabove provided or purchases Term Bonds of any maturity and

cancels the same from Bond Moneys as hereinafter described, then an amount equal to the

principal amount of Term Bonds so redeemed or purchased shall be deducted from the

mandatory redemption requirements provided for Term Bonds of such maturity, first, in the

current year of such requirement, until the requirement for the current year has been fully met,

and then in any order of such Term Bonds as due at maturity or subject to mandatory redemption

in any year, as the Village shall determine. If the Village redeems pursuant to optional

redemption or purchases Term Bonds of any maturity and cancels the same from moneys other

than Bond Moneys, then an amount equal to the principal amount of Term Bonds so redeemed or

purchased shall be deducted from the amount of such Term Bonds as due at maturity or subject

to mandatory redemption requirement in any year, as the Village shall determine.

Section 10. Redemption Procedure. For a mandatory redemption of Term Bonds, the

Bond Registrar shall proceed without further authorization or direction to provide for such

redemption. For optional redemptions, the Village shall, at least 45 days prior to the redemption

date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond

Registrar of such redemption date and of the maturities and principal amounts of Bonds to be

redeemed. In the event of an optional redemption of less than all of a given maturity of Term

Bonds, the Village shall also notify the Bond Registrar of the allocation of the amount to be

redeemed to the mandatory redemption requirements for such Term Bonds. For purposes of any

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redemption of less than all of the Bonds of a single maturity, the particular Bonds or portions of

Bonds to be redeemed shall be selected by lot not more than 60 days prior to the redemption date

by the Bond Registrar for the Bonds of such maturity by such method of lottery as the Bond

Registrar shall deem fair and appropriate; provided, however, that such lottery shall provide for

the selection for redemption of Bonds or portions thereof so that any $5,000 Bond or $5,000

portion of a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or

$5,000 portion.

The Bond Registrar shall promptly notify the Village and the Paying Agent in writing of

the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for

partial redemption, the principal amount thereof to be redeemed.

Unless waived by any holder of Bonds to be redeemed, notice of the call for any such

redemption shall be given by the Bond Registrar on behalf of the Village by mailing the

redemption notice by first class mail at least thirty (30) days and not more than sixty (60) days

prior to the date fixed for redemption to the registered owner of the Bond or Bonds to be

redeemed at the address shown on the Bond Register or at such other address as is furnished in

writing by such registered owner to the Bond Registrar.

All notices of redemption shall state:

(1) the redemption date,

(2) the redemption price,

(3) if less than all outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed,

(4) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date,

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(5) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal corporate trust office of the Bond Registrar, and

(6) such other information then required by custom, practice or industry standard.

Unless moneys sufficient to pay the redemption price of the Bonds to be redeemed shall

have been received by the Bond Registrar prior to the giving of such notice of redemption, such

notice may, at the option of the Village, state that said redemption shall be conditional upon the

receipt of such moneys by the Bond Registrar on or prior to the date fixed for redemption. If

such moneys are not received, such notice shall be of no force and effect, the Village shall not

redeem such Bonds, and the Bond Registrar shall give notice, in the same manner in which the

notice of redemption shall have been given, that such moneys were not so received and that such

Bonds will not be redeemed. Otherwise, prior to any redemption date, the Village shall deposit

with the Bond Registrar an amount of money sufficient to pay the redemption price of all the

Bonds or portions of Bonds which are to be redeemed on that date.

Subject to the provisions for a conditional redemption described above, notice of

redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed

shall, on the redemption date, become due and payable at the redemption price therein specified,

and from and after such date (unless the Village shall default in the payment of the redemption

price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such

Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond

Registrar at the redemption price. Installments of interest due on or prior to the redemption date

shall be payable as herein provided for payment of interest. Upon surrender for any partial

redemption of any Bond, there shall be prepared for the registered holder a new Bond or Bonds

of the same maturity in the amount of the unpaid principal.

If any Bond or portion of Bond called for redemption shall not be so paid upon surrender

thereof for redemption, the principal shall, until paid, bear interest from the redemption date at

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the rate borne by the Bond or portion of Bond so called for redemption. All Bonds which have

been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be reissued.

As part of their respective duties hereunder, the Bond Registrar and Paying Agent shall

prepare and forward to the Village a statement as to notice given with respect to each redemption

together with copies of the notices as mailed and published.

Section 11. Registration and Exchange or Transfer of Bonds; Persons Treated as

Owners. The Village shall cause books (the “Bond Register”) for the registration and for the

transfer of the Bonds as provided in this Ordinance to be kept at the principal corporate trust

office of the Bond Registrar, which is hereby constituted and appointed the registrar of the

Village for the Bonds. The Village is authorized to prepare, and the Bond Registrar or such

other agent as the Village may designate shall keep custody of, multiple Bond blanks executed

by the Village for use in the transfer and exchange of Bonds.

Any 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 any Bond at the principal corporate trust office of the Bond Registrar,

duly endorsed by or accompanied by a written instrument or instruments of transfer or 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 Village 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 Bond or Bonds of like tenor, of

the same maturity, bearing the same interest rate, of authorized denominations, for a like

aggregate principal amount.

The Bond Registrar shall not be required to transfer or exchange any Bond during the

period from the close of business on the Record Date for an interest payment to the opening of

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business on such interest payment date or during the period of 15 days preceding the giving of

notice of redemption of Bonds or to transfer or exchange any Bond all or a portion of which has

been called for redemption.

The execution by the Village of any fully registered Bond shall constitute full and due

authorization of such Bond, and the Bond Registrar shall thereby be authorized to authenticate,

date and deliver such Bond; provided, however, that the principal amount of Bonds of each

maturity authenticated by the Bond Registrar shall not at any one time exceed the authorized

principal amount of Bonds for such maturity less the amount of such Bonds which have been

paid.

The person in whose name any 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 any

Bond shall be made only to or upon the order of the registered owner thereof or his legal

representative. All such payments shall be valid and effectual to satisfy and discharge the

liability upon such Bond to the extent of the sum or sums so paid.

No service charge shall be made for any transfer or exchange of Bonds, but the Village 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 Bonds,

except in the case of the issuance of a Bond or Bonds for the unredeemed portion of a Bond

surrendered for redemption.

Section 12. Form of Bond. The Bonds shall be in substantially the form hereinafter set

forth; provided, however, that if the text of the Bonds is to be printed in its entirety on the front

side of the Bonds, then the second paragraph on the front side and the legend “See Reverse Side

for Additional Provisions” shall be omitted and the text of paragraphs set forth for the reverse

side shall be inserted immediately after the first paragraph.

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[Form of Bond - Front Side] REGISTERED REGISTERED NO. _____ $_________

UNITED STATES OF AMERICA STATE OF ILLINOIS

THE COUNTY OF KENDALL VILLAGE OF OSWEGO

GENERAL OBLIGATION REFUNDING BOND, SERIES 2013

See Reverse Side for Additional Provisions.

Interest Maturity Dated Rate: ___% Date: December 15, 20__ Date: __________, 20__ CUSIP: __________

Registered Owner: CEDE & CO.

Principal Amount: DOLLARS

KNOW ALL PERSONS BY THESE PRESENTS that the Village of Oswego, Kendall County,

Illinois, a municipality, home rule unit, and political subdivision of the State of Illinois (the

“Village”), hereby acknowledges itself to owe and for value received promises to pay to the

Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity

Date identified above (subject to right of prior redemption as hereinafter stated), the Principal

Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve

30-day months) on such Principal Amount from the later of the Dated Date of this Bond

identified above or from the most recent interest payment date to which interest has been paid or

duly provided for, at the Interest Rate per annum identified above, such interest to be payable on

June 15 and December 15 of each year, commencing ________ 15, 2013, until said Principal

Amount is paid or duly provided for. The principal of this Bond is payable in lawful money of

the United States of America upon presentation hereof at the principal corporate trust office of

The Bank of New York Mellon Trust Company, National Association, Chicago, Illinois, as

paying agent (the “Paying Agent”). Payment of interest shall be made to the Registered Owner

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hereof as shown on the registration books of the Village maintained by The Bank of New York

Mellon Trust Company, National Association, Chicago, Illinois, as bond registrar (the “Bond

Registrar”), at the close of business on the applicable Record Date (the “Record Date”). The

Record Date shall be the 1st day of the month of any regular or other interest payment date

occurring on the 1st day of any month and 15 days preceding any interest payment date

occasioned by the redemption of Bonds on other than the 1st day of a month. Interest shall be

paid by check or draft of the Paying Agent, payable upon presentation in lawful money of the

United States of America, mailed to the address of such Registered Owner as it appears on such

registration books or at such other address furnished in writing by such Registered Owner to the

Bond Registrar, or as otherwise agreed by the Village and Cede & Co., as nominee, or successor,

for so long as this Bond is held by The Depository Trust Company, New York, New York, the

depository, or nominee, in book-entry only form as provided for same.

Reference is hereby made to the further provisions of this Bond set forth on the reverse

hereof, and such further provisions shall for all purposes have the same effect as if set forth at

this place.

It is hereby certified and recited that all conditions, acts and things required by the

Constitution and Laws of the State of Illinois to exist or to be done precedent to and in the

issuance of this Bond have existed and have been properly done, happened and been performed

in regular and due form and time as required by law; that the indebtedness of the Village,

represented by the Bonds, and including all other indebtedness of the Village, howsoever

evidenced or incurred, does not exceed any constitutional or statutory or other lawful limitation;

and that provision has been made for the collection of a direct annual tax, in addition to all other

taxes, on all of the taxable property in the Village sufficient to pay the interest hereon as the

same falls due and also to pay and discharge the principal hereof at maturity.

Draft

This Bond shall not be valid or become obligatory for any purpose until the certificate of

authentication hereon shall have been signed by the Bond Registrar.

IN WITNESS WHEREOF the Village of Oswego, Kendall County, Illinois, by its President

and Board of Trustees, has caused this Bond to be executed by the manual or duly authorized

facsimile signature of its President and attested by the manual or duly authorized facsimile

signature of its Village Clerk and its corporate seal or a facsimile thereof to be impressed or

reproduced hereon, all as appearing hereon and as of the Dated Date identified above.

____________________________________ President, Village of Oswego Kendall County, Illinois

ATTEST: ______________________________________ Village Clerk, Village of Oswego Kendall County, Illinois

[SEAL]

Date of Authentication: ____________, 20__

CERTIFICATE OF

AUTHENTICATION

Bond Registrar and Paying Agent: The Bank of New York Mellon Trust Company, National Association Chicago, Illinois

This Bond is one of the Bonds described in the within-mentioned Ordinance and is one of the General Obligation Refunding Bonds, Series 2013, having a Dated Date of ________, 2013, of the Village of Oswego, Kendall County, Illinois.

THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION as Bond Registrar

By___________________________________ Authorized Officer

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[FORM OF BOND - REVERSE SIDE]

This bond is one of a series of bonds (the “Bonds”) in the aggregate principal amount of

$__________ issued by the Village for the purpose of paying the costs of refunding certain

outstanding bonds of the Village, and of paying expenses incidental thereto, all as described and

defined in the ordinance authorizing the Bonds (the “Ordinance”), pursuant to and in all

respects in compliance with the applicable provisions of the Illinois Municipal Code, as

supplemented and amended, and as further supplemented and, where necessary, superseded, by

the powers of the Village as a home rule unit under the provisions of Section 6 of Article VII of

the Constitution of the State of Illinois (such code and powers being the “Act”), and with the

Ordinance, which has been duly passed by the President and Board of Trustees of the Village,

approved by the President, in all respects as by law required.

Subject to the provisions relating to this Bond remaining in book-entry only form, this

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 the Ordinance. Upon surrender for transfer or

exchange of this Bond at the principal corporate trust office of the Bond Registrar in Chicago,

Illinois, duly endorsed by or accompanied by a written instrument or instruments of transfer or

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 Village 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 Bond or Bonds of like tenor,

of the same maturity, bearing the same interest rate, of authorized denominations, for a like

aggregate principal amount.

The Bond Registrar shall not be required to transfer or exchange any Bond during the

period from the close of business on the Record Date for an interest payment to the opening of

business on such interest payment date or during the period of 15 days preceding the giving of

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notice of redemption of Bonds or to transfer or exchange any Bond all or a portion of which has

been called for redemption.

The Bonds may be subject to [mandatory and] optional redemption, and the holder of this

Bond shall refer to the provisions of the Ordinance for the terms and provision for notice of

redemption.

The Village, the Bond Registrar and the Paying Agent may deem and treat the Registered

Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on

account of principal hereof and interest due hereon and for all other purposes, and the Village,

the Bond Registrar and the Paying Agent shall not be affected by any notice to the contrary.

ASSIGNMENT

FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto _____________

______________________________________________________________________________

______________________________________________________________________________ (Name and Address of Assignee)

the within Bond and does hereby irrevocably constitute and appoint _______________________

______________________________________________________________________________

as attorney to transfer the said Bond on the books kept for registration thereof with full power of

substitution in the premises.

Dated: _____________________________ _____________________________

Signature guaranteed: _____________________________

NOTICE: The signature to this transfer and assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever.

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Section 13. Tax Levy. For the purpose of providing funds required to pay the interest

on the Bonds promptly when and as the same falls due, and to pay and discharge the principal

thereof at maturity, there is hereby levied upon all of the taxable property within the Village, in

the years for which any of the Bonds are outstanding (namely, 2013 through 2026), a direct

annual tax sufficient for that purpose in a yearly amount not to exceed $1,489,300.00 (the

“Pledged Taxes”). Such levy shall be fully set forth in the Bond Notification for the Bonds.

The Pledged Taxes and other moneys (excepting proceeds of the Bonds) on deposit

(collectively, the “Bond Moneys”) in the Bond Fund shall be applied to pay principal of and

interest on the Bonds as follows:

A. Bond Moneys shall be applied to the payment of interest when due and

principal or redemption price when due at maturity or as redeemed pursuant to mandatory

redemption from the Bond Fund, or

B. On or before October 1 in each calendar year preceding a December 15

mandatory redemption date in the successive calendar year, Bond Moneys up to the

amount of the redemption requirement on such mandatory redemption date plus interest

due on Term Bonds on such date may be applied (1) to the purchase of Term Bonds of

the maturity for which such mandatory redemption requirement was established at prices

(including commissions and charges, if any) not exceeding par and accrued interest to

such December 1 or (2) to the redemption of such Bonds, without premium, pursuant to

optional redemption provisions applicable thereto. Upon the purchase or redemption of

Term Bonds of any maturity pursuant to this paragraph (B), an amount equal to the

principal amount of such Bonds or applicable portion thereof so purchased or redeemed

shall be deducted from the next mandatory redemption requirement thereafter to become

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due on such Bonds and any excess over the amount of such requirement shall be

deducted from the future requirement for such Bonds as the Village shall determine.

Interest or principal coming due at any time when there are insufficient funds on hand

from the Pledged Taxes to pay the same shall be paid promptly when due from current funds on

hand in advance of the collection of the Pledged Taxes herein levied; and when the Pledged

Taxes shall have been collected, reimbursement shall be made to said funds in the amount so

advanced. The Village covenants and agrees with the purchasers and registered owners of the

Bonds that so long as any of the Bonds remain outstanding, the Village will take no action or fail

to take any action which in any way would adversely affect the ability of the Village to levy and

collect the foregoing tax levy. The Village and its officers will comply with all present and

future applicable laws in order to assure that the Pledged Taxes may be levied, extended and

collected as provided herein and deposited into the Bond Fund.

Whenever other funds from any lawful source are made available for the purpose of

paying any principal of or interest on the Bonds so as to enable the abatement of the taxes levied

herein for the payment of same, the Village Board shall, by proper proceedings, direct the

deposit of such funds into the Bond Fund and further shall direct the abatement of the taxes by

the amount so deposited. A certified copy or other notification of any such proceedings abating

taxes may then be filed with the County Clerk in a timely manner to effect such abatement.

Section 14. Filing with County Clerk. Promptly, as soon as this Ordinance becomes

effective, a copy hereof, certified by the Village Clerk of the Village, shall be filed with the

County Clerk; and the County Clerk shall in and for each of the years required ascertain the rate

percent required to produce the aggregate tax herein provided to be levied as set forth in a Bond

Notification for each of the years; and the County Clerk shall (to the extent said tax has not been

abated as provided herein) extend the same for collection on the tax books in connection with

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other taxes levied in said years in and by the Village for general corporate purposes of the

Village; and in said years such annual tax shall be levied and collected by and for and on behalf

of the Village 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.

Section 15. Sale of Bonds; Bond Notification. The Designated Officials are hereby

authorized to proceed not later than the 7th day of November, 2013, without any further

authorization or direction whatsoever from the Village Board, to sell the Bonds upon the terms

as prescribed in this Ordinance and to deliver them promptly thereafter. In the Bond

Notification, the Designated Representatives shall find and determine that the net present value

savings to the Village as a result of the issuance of the Bonds and the Refunding of the Refunded

Bonds is not less than 3.00% of the principal amount of the Refunded Bonds. The Bonds shall

be sold and delivered to the Purchaser at the price of not less than 98% of the par value of the

principal amount thereof, plus accrued interest, if any, to the date of delivery. The Designated

Officials may choose all or any lesser portion of the Prior Bonds to be refunded. Nothing in this

Section shall require the Designated Officials to sell any of the Bonds if in their judgment, the

conditions in the bond markets shall have deteriorated from the time of adoption thereof or the

sale of all or any portion of the Bonds shall for some other reason not be deemed advisable, but

the Designated Officials shall have the authority to sell the Bonds in any event so long as the

limitations set forth in this Ordinance and the conditions of this Section shall have been met.

Upon the sale of the Bonds or any series of the Bonds, the Designated Officials and any

other officers of the Village as shall be appropriate, shall be and are hereby authorized and

directed to approve or execute, or both, such documents of sale of the Bonds as may be

necessary, including, without limitation, the contract for the sale of the Bonds between the

Village and the Purchaser (the “Bond Purchase Contract”), the Bond Notification, Preliminary

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Official Statement, Official Statement and closing documents. The Designated Officials must

find and determine in the Bond Notification that no person holding any office of the Village

either by election or appointment, is in any manner financially interested either directly, in his or

her own name, or indirectly in the name of any other person, association, trust or corporation in

said Bond Purchase Contract with the Purchaser for the purchase of the Bonds. The distribution

of the Preliminary Official Statement relating to the Bonds is hereby in all respects authorized

and approved, and the proposed use by the Purchaser of an Official Statement (in substantially

the form of the Preliminary Official Statement but with appropriate variations to reflect the final

terms of the Bonds) is hereby approved.

Upon the sale of the Bonds, the Designated Officials shall prepare the Bond Notification,

which shall include the pertinent details of sale as provided herein, and such shall be entered into

the records of the Village and made available at the next public meeting of the Village Board.

The Designated Officials shall also file with the County Clerk the Bond Notification or like

document including a statement of taxes.

The officers of the Village are hereby authorized to take any action as may be required on

the part of the Village to consummate the transactions contemplated by the Bond Purchase

Contract, this Ordinance, said Preliminary Official Statement, said final Official Statement and

the Bonds.

Section 16. Creation of Funds and Appropriations.

A. There is hereby created the “General Obligation Refunding Bonds, Series 2013,

Bond Fund” (the “Bond Fund”), which shall be the fund for the payment of principal of and

interest on the Bonds. Accrued interest and premium, if any, received upon delivery of the

Bonds shall be deposited into the Bond Fund and be applied to pay first interest coming due on

the Bonds.

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B. The Pledged Taxes shall either be deposited into the Bond Fund and used solely and

only for paying the principal of and interest on the Bonds or be used to reimburse a fund or

account from which advances to the Bond Fund may have been made to pay principal of or

interest on the Bonds prior to receipt of Pledged Taxes. Interest income or investment profit

earned in the Bond Fund shall be retained in the Bond Fund for payment of the principal of or

interest on the Bonds on the interest payment date next after such interest or profit is received or,

to the extent lawful and as determined by the Village Board, transferred to such other fund as

may be determined. The Village hereby pledges, as equal and ratable security for the Bonds, all

present and future proceeds of the Pledged Taxes for the sole benefit of the registered owners of

the Bonds, subject to the reserved right of the Village Board to transfer certain interest income or

investment profit earned in the Bond Fund to other funds of the Village, as described in the

preceding sentence.

C. The sum of principal proceeds of the Bonds as is necessary, together with such

money in the debt service funds for the Refunded Bonds as may be advisable for the purpose,

shall be used to provide for the Refunding, and the payment of such expenses as may be

designated, pursuant to the provisions of an Escrow Agreement with the Escrow Agent as is

designated, all in accordance with the provisions of an Escrow Agreement, substantially in the

form attached hereto as Exhibit A to this Ordinance, made a part hereof by this reference, and

hereby approved; the officers appearing signatory to such Escrow Agreement are hereby

authorized and directed to execute same, their execution to constitute conclusive proof of action

in accordance with this Ordinance, and approval of all completions or revisions necessary or

appropriate to effect the Refunding. The Village expressly authorizes the use of the Government

Securities as deposited in the Escrow Account as set forth in the Escrow Agreement. At the time

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of the issuance of the Bonds, the costs of issuance of the Bonds may be paid by the Purchaser on

behalf of the Village from the proceeds of the Bonds.

Section 17. Non-Arbitrage and Tax-Exemption. One purpose of this Section is to set

forth various facts regarding the Bonds and to establish the expectations of the Village Board

and the Village as to future events regarding the Bonds and the use of Bond proceeds. The

certifications, covenants and representations contained herein and at the time of the Closing are

made on behalf of the Village for the benefit of the owners from time to time of the Bonds. In

addition to providing the certifications, covenants and representations contained herein, the

Village hereby covenants that it will not take any action, omit to take any action or permit the

taking or omission of any action within its control (including, without limitation, making or

permitting any use of the proceeds of the Bonds) if taking, permitting or omitting to take such

action would cause any of the Bonds to be an arbitrage bond or a private activity bond within the

meaning of the hereinafter defined Code or would otherwise cause the interest on the Bonds to

be included in the gross income of the recipients thereof for federal income tax purposes. The

Village acknowledges that, in the event of an examination by the Internal Revenue Service (the

“IRS”) of the exemption from federal income taxation for interest paid on the Bonds, under

present rules, the Village may be treated as a “taxpayer” in such examination and agrees that it

will respond in a commercially reasonable manner to any inquiries from the IRS in connection

with such an examination. The Village Board and the Village certify, covenant and represent as

follows:

1.1. Definitions. In addition to such other words and terms used and defined in this Ordinance, the following words and terms used in this Section shall have the following meanings unless, in either case, the context or use clearly indicates another or different meaning is intended:

“Affiliated Person” means any Person that (a) at any time during the six months prior to the execution and delivery of the Bonds, (i) has more than five percent of the voting power of the governing body of the Village in the aggregate vested in its directors,

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officers, owners, and employees or, (ii) has more than five percent of the voting power of its governing body in the aggregate vested in directors, officers, board members or employees of the Village or (b) during the one-year period beginning six months prior to the execution and delivery of the Bonds, (i) the composition of the governing body of which is modified or established to reflect (directly or indirectly) representation of the interests of the Village (or there is an agreement, understanding, or arrangement relating to such a modification or establishment during that one-year period) or (ii) the composition of the governing body of the Village is modified or established to reflect (directly or indirectly) representation of the interests of such Person (or there is an agreement, understanding, or arrangement relating to such a modification or establishment during that one-year period).

“Bond Counsel” means Chapman and Cutler LLP or any other nationally recognized firm of attorneys experienced in the field of municipal bonds whose opinions are generally accepted by purchasers of municipal bonds.

“Capital Expenditures” means costs of a type that would be properly chargeable to a capital account under the Code (or would be so chargeable with a proper election) under federal income tax principles if the Village were treated as a corporation subject to federal income taxation, taking into account the definition of Placed-in-Service set forth herein.

“Closing” means the first date on which the Village is receiving the purchase price for the Bonds.

“Code” means the Internal Revenue Code of 1986, as amended.

“Commingled Fund” means any fund or account containing both Gross Proceeds and an amount in excess of $25,000 that are not Gross Proceeds if the amounts in the fund or account are invested and accounted for, collectively, without regard to the source of funds deposited in the fund or account. An open-ended regulated investment company under Section 851 of the Code is not a Commingled Fund.

“Control” means the possession, directly or indirectly through others, of either of the following discretionary and non-ministerial rights or powers over another entity:

(a) to approve and to remove without cause a controlling portion of the governing body of a Controlled Entity; or

(b) to require the use of funds or assets of a Controlled Entity for any purpose.

“Controlled Entity” means any entity or one of a group of entities that is subject to Control by a Controlling Entity or group of Controlling Entities.

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“Controlled Group” means a group of entities directly or indirectly subject to Control by the same entity or group of entities, including the entity that has Control of the other entities.

“Controlling Entity” means any entity or one of a group of entities directly or indirectly having Control of any entities or group of entities.

“Costs of Issuance” means the costs of issuing the Bonds, including underwriters’ discount and legal fees, but not including the fees for the Credit Facility described in paragraph 5.8 hereof, if any.

“Credit Facility” means the municipal bond insurance policy issued by the Credit Facility Provider, if any.

“Credit Facility Provider” means the provider of the municipal bond insurance policy, if any, as set forth in the Bond Notification.

“De minimis Amount of Original Issue Discount or Premium” means with respect to an obligation (a) any original issue discount or premium that does not exceed two percent of the stated redemption price at maturity of the Bonds plus (b) any original issue premium that is attributable exclusively to reasonable underwriter’s compensation.

“Escrow Account” means the account established pursuant to the Escrow Agreement.

“Escrow Agent” means the escrow agent under the Escrow Agreement as set forth in the Bond Notification.

“Escrow Agreement” means the agreement between the Escrow Agent and the Village providing for the deposit in trust of certain Government Securities for the purpose of refunding in advance of maturity the Refunded Bonds.

“External Commingled Fund” means a Commingled Fund in which the Village and all members of the same Controlled Group as the Village own, in the aggregate, not more than ten percent of the beneficial interests.

“GIC” means (a) any investment that has specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate and (b) any agreement to supply investments on two or more future dates (e.g., a forward supply contract).

“Government Securities” means the obligations held and to be held under the Escrow Agreement.

“Gross Proceeds” means amounts in the Bond Fund and the Escrow Account.

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“Net Sale Proceeds” means amounts actually or constructively received from the sale of the Bonds reduced by any such amounts that are deposited in a reasonably required reserve or replacement fund for the Bonds.

“Person” means any entity with standing to be sued or to sue, including any natural person, corporation, body politic, governmental unit, agency, authority, partnership, trust, estate, association, company, or group of any of the above.

“Placed-in-Service” means the date on which, based on all facts and circumstances (a) a facility has reached a degree of completion that would permit its operation at substantially its design level and (b) the facility is, in fact, in operation at such level.

“Prior Bond Fund” means the fund or funds established in connection with the issuance of the Prior Bonds to pay the debt service on the Prior Bonds.

“Prior Bond Proceeds” means amounts actually or constructively received from the sale of the Refunded Bonds, including (a) amounts used to pay underwriters’ discount or compensation and accrued interest, other than accrued interest for a period not greater than one year before the Refunded Bonds were issued but only if it is to be paid within one year after the Refunded Bonds were issued and (b) amounts derived from the sale of any right that is part of the terms of a Refunded Bond or is otherwise associated with a Refunded Bond (e.g., a redemption right).

“Prior Bonds” means the Village’s outstanding issues being refunded by the Bonds, as more particularly described in the preambles hereof.

“Prior Project” means the facilities financed, directly or indirectly with the proceeds of the Prior Bonds.

“Private Business Use” means any use of the Prior Project by any Person other than a state or local government unit, including as a result of (i) ownership, (ii) actual or beneficial use pursuant to a lease or a management, service, incentive payment, research or output contract or (iii) any other similar arrangement, agreement or understanding, whether written or oral, except for use of the Prior Project on the same basis as the general public. Private Business Use includes any formal or informal arrangement with any person other than a state or local governmental unit that conveys special legal entitlements to any portion of the Prior Project that is available for use by the general public or that conveys to any person other than a state or local governmental unit any special economic benefit with respect to any portion of the Prior Project that is not available for use by the general public.

“Qualified Administrative Costs of Investments” means (a) reasonable, direct administrative costs (other than carrying costs) such as separately stated brokerage or selling commissions but not legal and accounting fees, recordkeeping, custody and

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similar costs; or (b) all reasonable administrative costs, direct or indirect, incurred by a publicly offered regulated investment company or an External Commingled Fund.

“Qualified Tax Exempt Obligations” means (a) any obligation described in Section 103(a) of the Code, the interest on which is excludable from gross income of the owner thereof for federal income tax purposes and is not an item of tax preference for purposes of the alternative minimum tax imposed by Section 55 of the Code; (b) an interest in a regulated investment company to the extent that at least ninety-five percent of the income to the holder of the interest is interest which is excludable from gross income under Section 103 of the Code of any owner thereof for federal income tax purposes and is not an item of tax preference for purposes of the alternative minimum tax imposed by Section 55 of the Code; and (c) certificates of indebtedness issued by the United States Treasury pursuant to the Demand Deposit State and Local Government Series program described in 31 C.F.R. pt. 344.

“Rebate Fund” means the fund, if any, identified and defined in paragraph 4.1 herein.

“Rebate Provisions” means the rebate requirements contained in Section 148(f) of the Code and in the Regulations.

“Refunded Bonds” means those certain Prior Bonds being refunded by the Bonds.

“Regulations” means United States Treasury Regulations dealing with the tax-exempt bond provisions of the Code.

“Reimbursed Expenditures” means expenditures of the Village paid prior to Closing to which Sale Proceeds or investment earnings thereon are or will be allocated.

“Sale Proceeds” means amounts actually or constructively received from the sale of the Bonds, including (a) amounts used to pay underwriters’ discount or compensation and accrued interest, other than accrued interest for a period not greater than one year before Closing but only if it is to be paid within one year after Closing and (b) amounts derived from the sale of any right that is part of the terms of a Bond or is otherwise associated with a Bond (e.g., a redemption right).

“Transferred Proceeds” means amounts actually or constructively received from the sale of the Prior Bonds, plus investment earnings thereon, which have not been spent prior to the date principal on the Refunded Bonds is discharged by the Bonds.

“Verification Report” means the verification report and opinion of the Verifier concerning the Yield on the Bonds and the Government Securities.

“Verifier” means the verification agent set forth in the Bond Notification.

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“Yield” means that discount rate which when used in computing the present value of all payments of principal and interest paid and to be paid on an obligation (using semiannual compounding on the basis of a 360-day year) produces an amount equal to the obligation’s purchase price (or in the case of the Bonds, the issue price as established in paragraph 5.1 hereof), including accrued interest.

“Yield Reduction Payment” means a rebate payment or any other amount paid to the United States in the same manner as rebate amounts are required to be paid or at such other time or in such manner as the Internal Revenue Service may prescribe that will be treated as a reduction in Yield of an investment under the Regulations.

2.1. Purpose of the Bonds. The Bonds are being issued solely and exclusively to refund in advance of maturity the Refunded Bonds in a prudent manner consistent with the revenue needs of the Village. A breakdown of the sources and uses of funds is set forth in the preceding Section of this Ordinance. Except to pay the Refunded Bonds and except for any accrued interest on the Bonds used to pay first interest due on the Bonds, no proceeds of the Bonds will be used more than 30 days after the date of issue of the Bonds for the purpose of paying any principal or interest on any issue of bonds, notes, certificates or warrants or on any installment contract or other obligation of the Village or for the purpose of replacing any funds of the Village used for such purpose.

2.2. Bond Fund Investment. The investment earnings on the Bond Fund will be spent to pay interest on the Bonds, or to the extent permitted by law, investment earnings on amounts in the Bond Fund will be commingled with substantial revenues from the governmental operations of the Village, and the earnings are reasonably expected to be spent for governmental purposes within six months of the date earned. Interest earnings on the Bond Fund have not been earmarked or restricted by the Village Board for a designated purpose.

2.3. Reimbursement. None of the Sale Proceeds or investment earnings thereon will be used for Reimbursed Expenditures.

2.4. Working Capital. All Sale Proceeds and investment earnings thereon will be used, directly or indirectly, to pay principal of, interest on and redemption premium (if any) on the Refunded Bonds, other than the following:

(a) payments of interest on the Bonds for the period commencing at Closing and ending on the date one year after the date on which the Prior Project is Placed-in-Service;

(b) Costs of Issuance and Qualified Administrative Costs of Investments;

(c) payments of rebate or Yield Reduction Payments made to the United States under the Regulations;

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(d) principal of or interest on the Bonds paid from unexpected excess Sale Proceeds and investment earnings thereon;

(e) fees for the Credit Facility, if any; and

(f) investment earnings that are commingled with substantial other revenues and are expected to be allocated to expenditures within six months.

2.5. Consequences of Contrary Expenditure. The Village acknowledges that if Sale Proceeds and investment earnings thereon are spent other than as permitted by paragraph 2.4 hereof, a like amount of then available funds of the Village will be treated as unspent Sale Proceeds.

2.6. Investment of Bond Proceeds. No portion of the Bonds is being issued solely for the purpose of investing a portion of Sale Proceeds or investment earnings thereon at a Yield higher than the Yield on the Bonds.

2.7. No Grants. None of the Sale Proceeds or investment earnings thereon will be used to make grants to any person.

2.8. Hedges. Neither the Village nor any member of the same Controlled Group as the Village has entered into or expects to enter into any hedge (e.g., an interest rate swap, interest rate cap, futures contract, forward contract or an option) with respect to the Bonds or the Prior Bonds. The Village acknowledges that any such hedge could affect, among other things, the calculation of Bond Yield under the Regulations. The Internal Revenue Service could recalculate Bond Yield if the failure to account for the hedge fails to clearly reflect the economic substance of the transaction.

The Village also acknowledges that if it acquires a hedging contract with an investment element (including e.g., an off-market swap agreement, or any cap agreement for which all or a portion of the premium is paid at, or before the effective date of the cap agreement), then a portion of such hedging contract may be treated as an investment of Gross Proceeds of the Bonds, and be subject to the fair market purchase price rules, rebate and yield restriction. The Village agrees not to use proceeds of the Bonds to pay for any such hedging contract in whole or in part. The Village also agrees that it will not give any assurances to any Bondholder, the Credit Facility Provider, if any, or any other credit or liquidity enhancer with respect to the Bonds that any such hedging contract will be entered into or maintained. The Village recognizes that if a portion of a hedging contract is determined to be an investment of gross proceeds, such portion may not be fairly priced even if the hedging contract as a whole is fairly priced.

2.9. Internal Revenue Service Audits. The Village represents that the Internal Revenue Service has not contacted the Village regarding the Prior Bonds or any other obligations issued by or on behalf of the Village. To the best of the knowledge of the Village, no such obligations of the Village are currently under examination by the Internal Revenue Service.

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2.10. Abusive Transactions. Neither the Village nor any member of the same Controlled Group as the Village will receive a rebate or credit resulting from any payments having been made in connection with the issuance of the Bonds or the advance refunding of the Refunded Bonds.

3.1. Use of Proceeds. (a) The use of the Sale Proceeds and investment earnings thereon and the funds held under this Ordinance at the time of Closing are described in the preceding Section of this Ordinance. No Sale Proceeds will be used to pre-pay for goods or services to be received over a period of years prior to the date such goods or services are to be received, except for any payment to the Credit Facility Provider, if any. No Sale Proceeds or any investment earnings thereon will be used to pay for or otherwise acquire goods or services from an Affiliated Person.

(b) Only the funds and accounts described in said Section will be funded at Closing. There are no other funds or accounts created under this Ordinance, other than the Rebate Fund if it is created as provided in paragraph 4.2 hereof.

(c) Principal of and interest on the Bonds will be paid from the Bond Fund.

(d) Any Costs of Issuance incurred in connection with the issuance of the Bonds to be paid by the Village will be paid at the time of Closing.

3.2. Purpose of Bond Fund. The Bond Fund will be used primarily to achieve a proper matching of revenues and earnings with principal and interest payments on the Bonds in each bond year. It is expected that the Bond Fund will be depleted at least once a year, except for a reasonable carry over amount not to exceed the greater of (a) the earnings on the investment of moneys in the Bond Fund for the immediately preceding bond year or (b) 1/12th of the principal and interest payments on the Bonds for the immediately preceding bond year.

3.3. The Prior Bonds. (a) As of the earlier of (i) the time of the Closing or (ii) the date three years after the Prior Bonds were issued, all Prior Bond Proceeds, including investment earnings thereon, were completely spent to pay the costs of Capital Expenditures.

(b) As of the date hereof, no Prior Bond Proceeds or money or property of any kind (including cash) is on deposit in any fund or account, regardless of where held or the source thereof, with respect to the Prior Bonds or any credit enhancement or liquidity device relating to the foregoing, or is otherwise restricted to pay the Village’s obligations other than amounts on deposit in the Escrow Account.

(c) The Prior Bond Fund was used primarily to achieve a proper matching of revenues and earnings with principal and interest payments on the Prior Bonds in each bond year. The Prior Bond Fund was depleted at least once a year, except for a reasonable carry over amount not to exceed the greater of (i) the earnings on the

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investment of moneys in such account for the immediately preceding bond year or (ii) one-twelfth (1/12th) of the principal and interest payments on the Prior Bonds.

(d) At the time the Prior Bonds were issued, the Village reasonably expected to spend at least 85% of the proceeds (including investment earnings) of the Prior Bonds to be used for non-refunding purposes for such purposes within three years of the date the Prior Bonds were issued and such proceeds were so spent. Not more than 50% of the proceeds of the Prior Bonds to be used for non-refunding purposes was invested in investments having a substantially guaranteed Yield for four years or more.

(e) The Refunded Bonds subject to redemption prior to maturity will be called on the first optional redemption date of the Refunded Bonds.

(f) The Refunded Bonds do not include, directly or indirectly in a series, any advance refunding obligations.

(g) The Village has not been notified that the Prior Bonds are under examination by the Internal Revenue Service, and to the best of the Village’s knowledge the Prior Bonds are not under examination by the Internal Revenue Service.

(h) The Village acknowledges that (i) the final rebate payment with respect to the Prior Bonds may be required to be made sooner than if the refunding had not occurred and (ii) the final rebate is due 60 days after the Prior Bonds are paid in full.

3.4. The Escrow Account. (a) The Escrow Account will be funded at the Closing.

(b) The uninvested cash and anticipated receipts from the Government Securities on deposit in the Escrow Account, without regard to any reinvestment thereof, will be sufficient to pay, when due, principal and interest on the Refunded Bonds as such become due and payable and to redeem the outstanding principal amount of any callable Refunded Bonds on the first optional redemption date of such callable Refunded Bonds, at the applicable redemption price thereof based on the Verification Report.

(c) Any moneys remaining on deposit in the Escrow Account upon the final disbursement of funds sufficient to pay principal and interest of the Refunded Bonds shall be transferred by the Escrow Agent to the Bond Fund to be used to pay interest on the Bonds.

3.5. No Other Gross Proceeds. (a) Except for the Bond Fund and except for investment earnings that have been commingled as described in paragraph 2.2 and any credit enhancement or liquidity device related to the Bonds, after the issuance of the Bonds, neither the Village nor any member of the same Controlled Group as the Village has or will have any property, including cash, securities or any other property held as a passive vehicle for the production of income or for investment purposes, that constitutes:

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(i) Sale Proceeds;

(ii) amounts in any fund or account with respect to the Bonds (other than the Rebate Fund);

(iii) Transferred Proceeds;

(iv) amounts that have a sufficiently direct nexus to the Bonds or to the governmental purpose of the Bonds to conclude that the amounts would have been used for that governmental purpose if the Bonds were not used or to be used for that governmental purpose (the mere availability or preliminary earmarking of such amounts for a governmental purpose, however, does not itself establish such a sufficient nexus);

(v) amounts in a debt service fund, redemption fund, reserve fund, replacement fund or any similar fund to the extent reasonably expected to be used directly or indirectly to pay principal of or interest on the Bonds or any amounts for which there is provided, directly or indirectly, a reasonable assurance that the amount will be available to pay principal of or interest on the Bonds or any obligations under any credit enhancement or liquidity device with respect to the Bonds, even if the Village encounters financial difficulties;

(vi) any amounts held pursuant to any agreement (such as an agreement to maintain certain levels of types of assets) made for the benefit of the Bondholders or any credit enhancement provider, including any liquidity device or negative pledge (e.g., any amount pledged to pay principal of or interest on an issue held under an agreement to maintain the amount at a particular level for the direct or indirect benefit of holders of the Bonds or a guarantor of the Bonds); or

(vii) amounts actually or constructively received from the investment and reinvestment of the amounts described in (i) or (ii) above.

(b) No compensating balance, liquidity account, negative pledge of property held for investment purposes required to be maintained at least at a particular level or similar arrangement exists with respect to, in any way, the Bonds or any credit enhancement or liquidity device related to the Bonds.

(c) The term of the Bonds is not longer than is reasonably necessary for the governmental purposes of the Bonds. The weighted average maturity of the Bonds does not exceed 120 percent of the average reasonably expected economic life of the Prior Project. The maturity schedule of the Bonds (the “Principal Payment Schedule”) is based on an analysis of revenues expected to be available to pay debt service on the Bonds. The Principal Payment Schedule is not more rapid (i.e., having a lower average maturity) because a more rapid schedule would place an undue burden on tax rates and cause such rates to be increased beyond prudent levels, and would be inconsistent with the governmental purpose of the Bonds as set forth in paragraph 2.1 hereof.

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4.1. Compliance with Rebate Provisions. The Village covenants to take such actions and make, or cause to be made, all calculations, transfers and payments that may be necessary to comply with the Rebate Provisions applicable to the Bonds. The Village will make, or cause to be made, rebate payments with respect to the Bonds in accordance with law.

4.2. Rebate Fund. The Village is hereby authorized to create and establish a special fund to be known as the Rebate Fund (the “Rebate Fund”), which, if created, shall be continuously held, invested, expended and accounted for in accordance with this Ordinance. Moneys in the Rebate Fund shall not be considered moneys held for the benefit of the owners of the Bonds. Except as provided in the Regulations, moneys in the Rebate Fund (including earnings and deposits therein) shall be held in trust for payment to the United States as required by the Rebate Provisions and by the Regulations and as contemplated under the provisions of this Ordinance.

4.3. Records. The Village agrees to keep and retain or cause to be kept and retained for the period described in paragraph 7.9 adequate records with respect to the investment of all Gross Proceeds and amounts in the Rebate Fund. Such records shall include: (a) purchase price; (b) purchase date; (c) type of investment; (d) accrued interest paid; (e) interest rate; (f) principal amount; (g) maturity date; (h) interest payment date; (i) date of liquidation; and (j) receipt upon liquidation.

If any investment becomes Gross Proceeds on a date other than the date such investment is purchased, the records required to be kept shall include the fair market value of such investment on the date it becomes Gross Proceeds. If any investment is retained after the date the last Bond is retired, the records required to be kept shall include the fair market value of such investment on the date the last Bond is retired. Amounts or investments will be segregated whenever necessary to maintain these records.

4.4. Fair Market Value; Certificates of Deposit and Investment Agreements. The Village will continuously invest all amounts on deposit in the Rebate Fund, together with the amounts, if any, to be transferred to the Rebate Fund, in any investment permitted under this Ordinance. In making investments of Gross Proceeds or of amounts in the Rebate Fund the Village shall take into account prudent investment standards and the date on which such moneys may be needed. Except as provided in the next sentence, all amounts that constitute Gross Proceeds and all amounts in the Rebate Fund shall be invested at all times to the greatest extent practicable, and no amounts may be held as cash or be invested in zero yield investments other than obligations of the United States purchased directly from the United States. In the event moneys cannot be invested, other than as provided in this sentence due to the denomination, price or availability of investments, the amounts shall be invested in an interest bearing deposit of a bank with a yield not less than that paid to the general public or held uninvested to the minimum extent necessary.

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Gross Proceeds and any amounts in the Rebate Fund that are invested in certificates of deposit or in GICs shall be invested only in accordance with the following provisions:

(a) Investments in certificates of deposit of banks or savings and loan associations that have a fixed interest rate, fixed payment schedules and substantial penalties for early withdrawal shall be made only if either (i) the Yield on the certificate of deposit (A) is not less than the Yield on reasonably comparable direct obligations of the United States and (B) is not less than the highest Yield that is published or posted by the provider to be currently available from the provider on reasonably comparable certificates of deposit offered to the public or (ii) the investment is an investment in a GIC and qualifies under paragraph (b) below.

(b) Investments in GICs shall be made only if

(i) the bid specifications are in writing, include all material terms of the bid and are timely forwarded to potential providers (a term is material if it may directly or indirectly affect the yield on the GIC);

(ii) the terms of the bid specifications are commercially reasonable (a term is commercially reasonable if there is a legitimate business purpose for the term other than to reduce the yield on the GIC);

(iii) all bidders for the GIC have equal opportunity to bid so that, for example, no bidder is given the opportunity to review other bids (a last look) before bidding;

(iv) any agent used to conduct the bidding for the GIC does not bid to provide the GIC;

(v) at least three of the providers solicited for bids for the GIC are reasonably competitive providers of investments of the type purchased (i.e., providers that have established industry reputations as competitive providers of the type of investments being purchased);

(vi) at least three of the entities that submit a bid do not have a financial interest in the Bonds;

(vii) at least one of the entities that provided a bid is a reasonably competitive provider that does not have a financial interest in the Bonds;

(viii) the bid specifications include a statement notifying potential providers that submission of a bid is a representation that the potential provider did not consult with any other provider about its bid, that the bid was determined without regard to any other formal or informal agreement

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that the potential provider has with the Village or any other person (whether or not in connection with the Bonds) and that the bid is not being submitted solely as a courtesy to the Village or any other person for purposes of satisfying the federal income tax requirements relating to the bidding for the GIC;

(ix) the determination of the terms of the GIC takes into account the reasonably expected deposit and drawdown schedule for the amounts to be invested;

(x) the highest-yielding GIC for which a qualifying bid is made (determined net of broker’s fees) is in fact purchased; and

(xi) the obligor on the GIC certifies the administrative costs that it is paying or expects to pay to third parties in connection with the GIC.

(c) If a GIC is purchased, the Village will retain the following records with its bond documents until three years after the Bonds are redeemed in their entirety:

(i) a copy of the GIC;

(ii) the receipt or other record of the amount actually paid for the GIC, including a record of any administrative costs paid, and the certification under subparagraph (b)(xi) of this paragraph;

(iii) for each bid that is submitted, the name of the person and entity submitting the bid, the time and date of the bid, and the bid results; and

(iv) the bid solicitation form and, if the terms of the GIC deviated from the bid solicitation form or a submitted bid is modified, a brief statement explaining the deviation and stating the purpose for the deviation.

Moneys to be rebated to the United States shall be invested to mature on or prior to the anticipated rebate payment date. All investments made with Gross Proceeds or amounts in the Rebate Fund shall be bought and sold at fair market value. The fair market value of an investment is the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm’s length transaction. Except for investments specifically described in this Section and United States Treasury obligations that are purchased directly from the United States Treasury, only investments that are traded on an established securities market, within the meaning of regulations promulgated under Section 1273 of the Code, will be purchased with Gross Proceeds. In general, an “established securities market” includes: (i) property that is listed on a national securities exchange, an interdealer quotation system or certain foreign exchanges; (ii) property that is traded on a Commodities Futures Trading Commission

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designated board of trade or an interbank market; (iii) property that appears on a quotation medium; and (iv) property for which price quotations are readily available from dealers and brokers. A debt instrument is not treated as traded on an established market solely because it is convertible into property which is so traded.

An investment of Gross Proceeds in an External Commingled Fund shall be made only to the extent that such investment is made without an intent to reduce the amount to be rebated to the United States Government or to create a smaller profit or a larger loss than would have resulted if the transaction had been at arm’s length and had the rebate or Yield restriction requirements not been relevant to the Village. An investment of Gross Proceeds shall be made in a Commingled Fund other than an External Commingled Fund only if the investments made by such Commingled Fund satisfy the provisions of this paragraph.

A single investment, or multiple investments awarded to a provider based on a single bid may not be used for funds subject to different rules relating to rebate or yield restriction.

The foregoing provisions of this paragraph satisfy various safe harbors set forth in the Regulations relating to the valuation of certain types of investments. The safe harbor provisions of this paragraph are contained herein for the protection of the Village, who has covenanted not to take any action to adversely affect the tax-exempt status of the interest on the Bonds. The Village will contact Bond Counsel if it does not wish to comply with the provisions of this paragraph and forego the protection provided by the safe harbors provided herein.

4.5. Arbitrage Elections. The Village hereby waives its right to invest Sale Proceeds of the Bonds and investment earnings thereon in the Escrow Account in investments with Yields higher than Bond Yield. The President, Village Clerk and Village Treasurer are hereby authorized to execute one or more elections regarding certain matters with respect to arbitrage.

5.1. Issue Price. For purposes of determining the Yield on the Bonds, the purchase price of the Bonds is equal to the first offering price (including accrued interest) at which the Purchaser reasonably expected to sell at least ten percent of the principal amount of each maturity of the Bonds to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters, placement agents or wholesalers). All of the Bonds have been the subject of a bona fide initial offering to the public (excluding bond houses, brokers, or similar persons or organizations acting in the capacity of underwriters, placement agents or wholesalers) at prices equal to those set forth in the Official Statement. Based upon prevailing market conditions, such prices are not less than the fair market value of each Bond as of the sale date for the Bonds.

5.2. Yield Limits. Except as provided in paragraph (a) or (b), all Gross Proceeds shall be invested at market prices and at a Yield (after taking into account any Yield Reduction Payments) not in excess of the Yield on the Bonds.

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The following may be invested without Yield restriction:

(a) amounts on deposit in the Bond Fund (except for capitalized interest) that have not been on deposit under the Ordinance for more than 13 months, so long as the Bond Fund continues to qualify as a bona fide debt service fund as described in paragraph 3.2 hereof;

(b) (i) An amount not to exceed the lesser of $100,000 or five percent of the Sale Proceeds;

(ii) amounts invested in Qualified Tax Exempt Obligations (to the extent permitted by law and this Ordinance);

(iii) amounts in the Rebate Fund;

(iv) all amounts other than Sale Proceeds for the first 30 days after they become Gross Proceeds; and

(v) all amounts derived from the investment of Sale Proceeds or investment earnings thereon other than those on deposit in the Escrow Account for a period of one year from the date received.

5.3. Yield Limits on Prior Bond Proceeds. Except for an amount not to exceed the lesser of $100,000 or five percent of Prior Bond Proceeds, the Village acknowledges that all Prior Bond Proceeds must be invested at market prices and at a Yield not in excess of the Yield on the Prior Bonds.

5.4. Continuing Nature of Yield Limits. Except as provided in paragraph 7.10 hereof, once moneys are subject to the Yield limits of paragraph 5.2 hereof, such moneys remain Yield restricted until they cease to be Gross Proceeds.

5.5. Federal Guarantees. Except for investments meeting the requirements of paragraph 5.2(a) hereof and except for investments in the Escrow Account, investments of Gross Proceeds shall not be made in (a) investments constituting obligations of or guaranteed, directly or indirectly, by the United States (except obligations of the United States Treasury or investments in obligations issued pursuant to Section 21B(d)(3) of the Federal Home Loan Bank, as amended (e.g., Refcorp Strips)); or (b) federally insured deposits or accounts (as defined in Section 149(b)(4)(B) of the Code). Except as otherwise permitted in the immediately prior sentence and in the Regulations, no portion of the payment of principal or interest on the Bonds or any credit enhancement or liquidity device relating to the foregoing is or will be guaranteed, directly or indirectly (in whole or in part), by the United States (or any agency or instrumentality thereof), including a lease, incentive payment, research or output contract or any similar arrangement, agreement or understanding with the United States or any agency or instrumentality thereof. No portion of the Gross Proceeds has been or will be used to make loans the payment of principal or interest with respect to which is or will be

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guaranteed (in whole or in part) by the United States (or any agency or instrumentality thereof). Neither this paragraph nor paragraph 5.6 hereof applies to any guarantee by the Federal Housing Administration, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Student Loan Marketing Association or the Bonneville Power Administration pursuant to the Northwest Power Act (16 U.S.C. 839d) as in effect on the date of enactment of the Tax Reform Act of 1984.

5.6. Investments After the Expiration of Temporary Periods, Etc. Any amounts, other than amounts in the Escrow Account, that are subject to the yield limitation in Section 5.2 because Section 5.2(a) is not applicable and amounts not subject to yield restriction only because they are described in Section 5.2(b) cannot be invested in (i) federally insured deposits or accounts (as defined in Section 149(b)(4)(B) of the Code or (ii) investments constituting obligations of or guaranteed, directly or indirectly, by the United States (except obligations of the United States Treasury or investments in obligations issued pursuant to Section 21B(d)(3) of the Federal Home Loan Bank Act, as amended (e.g., Refcorp Strips).

5.7. Escrow Yield. The Yield on the Government Securities purchased with Sale Proceeds of the Bonds, taking into account any Transferred Proceeds, will be computed by the Purchaser and verified by the Verifier to be not greater than the Yield on the Bonds computed by the Purchaser and verified by the Verifier.

5.8. Treatment of Certain Credit Facility Fees. The fee paid to the Credit Facility Provider with respect to the Credit Facility may be treated as interest in computing Bond Yield.

Neither the Village nor any member of the same Controlled Group as the Village is a Related Person as defined in Section 144(a)(3) of the Code to the Credit Facility Provider. The fee paid to the Credit Facility Provider does not exceed ten percent of the Sale Proceeds. Other than the fee paid to the Credit Facility Provider, neither the Credit Facility Provider nor any person who is a Related Person to the Credit Facility Provider within the meaning of Section 144(a)(3) of the Code will use any Sale Proceeds or investment earnings thereon. The fee paid for the Credit Facility does not exceed a reasonable, arm’s length charge for the transfer of credit risk. The fee does not include any payment for any direct or indirect services other than the transfer of credit risk.

6.1. Payment and Use Tests. (a) No more than five percent of the proceeds of each issue of the Prior Bonds and investment earnings thereon were used, directly or indirectly, in whole or in part, in any Private Business Use. The Village acknowledges that, for purposes of the preceding sentence, Gross Proceeds used to pay costs of issuance and other common costs (such as capitalized interest and fees paid for a qualified guarantee or qualified hedge) or invested in a reserve or replacement fund must be ratably allocated among all the purposes for which Gross Proceeds are being used.

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(b) The payment of more than five percent of the principal of or the interest on the Bonds or on each issue of the Prior Bonds considered separately will not be, directly or indirectly (i) secured by any interest in (A) property used or to be used in any Private Business Use or (B) payments in respect of such property or (ii) on a present value basis, derived from payments (whether or not to the Village or a member of the same Controlled Group as the Village) in respect of property, or borrowed money, used or to be used in any Private Business Use.

(c) No more than the lesser of $5,000,000 or five percent of the sum of the proceeds of each issue of the Prior Bonds and investment earnings thereon were used, and no more than the lesser of $5,000,000 or five percent of the sum of the Sale Proceeds and investment earnings thereon will be used, directly or indirectly, to make or finance loans to any persons. The Village acknowledges that, for purposes of the preceding sentence, Gross Proceeds used to pay costs of issuance and other common costs (such as capitalized interest and fees paid for a qualified guarantee or qualified hedge) or invested in a reserve or replacement fund must be ratably allocated among all the purposes for which Gross Proceeds are being used.

(d) No user of the Prior Project other than a state or local governmental unit will use more than five percent of such facilities, considered separately, on any basis other than the same basis as the general public.

6.2. I.R.S. Form 8038-G. The information contained in the Information Return for Tax-Exempt Governmental Obligations, Form 8038-G, is true and complete. The Village will file Form 8038-G (and all other required information reporting forms) in a timely manner.

6.3. Bank Qualification. (a) If so set forth in the Bond Notification, each of the Bonds shall be designated as a “qualified tax-exempt obligation” for the purposes and within the meaning of Section 265(b)(3) of the Code. In support of such designation, the Village hereby certifies that (i) none of the Bonds will be at anytime a “private activity bond” (as defined in Section 141 of the Code), (ii) as of the date hereof in calendar year 2013, other than the Bonds, no tax-exempt obligations of any kind have been issued (x) by or on behalf of the Village, (y) by other issuers any of the proceeds of which have been or will be used to make any loans to the Village or (z) any portion of which has been allocated to the Village for purposes of Section 265(b) of the Code and (iii) not more than $10,000,000 of obligations of any kind (including the Bonds) issued (x) by or on behalf of the Village, (y) by other issuers any of the proceeds of which have been or will be used to make any loans to the Village or (z) any portion of which has been allocated to the Village for purposes of Section 265(b) of the Code during calendar year 2013 will be designated for purposes of Section 265(b)(3) of the Code.

(b) The Village is not subject to Control by any entity, and there are no entities subject to Control by the Village.

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(c) On the date hereof, the Village does not reasonably anticipate that for calendar year 2013 it will issue, have another entity issue on behalf of the Village, borrow the proceeds of or have allocated to the Village for purposes of Section 265(b) of the Code more than $10,000,000 Section 265 Tax-Exempt Obligations (including the Bonds). “Section 265 Tax-Exempt Obligations” are obligations the interest on which is excludable from gross income of the owners thereof under Section 103 of the Code, except for private activity bonds other than qualified 501(c)(3) bonds, both as defined in Section 141 of the Code. The Village will not, in calendar year 2013 issue, permit the issuance on behalf of it or by any entity subject to Control by the Village (which may hereafter come into existence), borrow the proceeds of or have allocated to it for purposes of Section 265(b) of the Code Section 265 Tax-Exempt Obligations (including the Bonds) that exceed the aggregate amount of $10,000,000 during calendar year 2013 unless it first obtains an opinion of Bond Counsel to the effect that such issuance, borrowing or allocation will not adversely affect the treatment of the Bonds as “qualified tax-exempt obligations” for the purpose and within the meaning of Section 265(b)(3) of the Code.

(d) The Bonds have not been sold in conjunction with any other obligation.

7.1. Termination; Interest of Village in Rebate Fund. The terms and provisions set forth in this Section shall terminate at the later of (a) 75 days after the Bonds have been fully paid and retired or (b) the date on which all amounts remaining on deposit in the Rebate Fund, if any, shall have been paid to or upon the order of the United States and any other payments required to satisfy the Rebate Provisions of the Code have been made to the United States. Notwithstanding the foregoing, the provisions of paragraphs 4.3, 4.4(c) and 7.9 hereof shall not terminate until the third anniversary of the date the Bonds are fully paid and retired.

7.2. Separate Issue. Since a date that is 15 days prior to the date of sale of the Bonds by the Village to the Purchaser, neither the Village nor any member of the same Controlled Group as the Village has sold or delivered any tax-exempt obligations other than the Bonds that are reasonably expected to be paid out of substantially the same source of funds as the Bonds. Neither the Village nor any member of the same Controlled Group as the Village will sell or deliver within 15 days after the date of sale of the Bonds any tax-exempt obligations other than the Bonds that are reasonably expected to be paid out of substantially the same source of funds as the Bonds.

7.3. No Sale of the Prior Project. (a) Other than as provided in the next sentence, neither the Prior Project nor any portion thereof has been, is expected to be, or will be sold or otherwise disposed of, in whole or in part, prior to the earlier of (i) the last date of the reasonably expected economic life to the Village of the property (determined on the date of issuance of the Bonds) or (ii) the last maturity date of the Bonds. The Village may dispose of personal property in the ordinary course of an established government program prior to the earlier of (i) the last date of the reasonably expected economic life to the Village of the property (determined on the date of issuance of the Bonds) or (ii) the last maturity of the Bonds, provided: (A) the weighted average

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maturity of the Bonds financing the personal property is not greater than 120 percent of the reasonably expected actual use of that property for governmental purposes; (B) the Village reasonably expects on the issue date that the fair market value of that property on the date of disposition will be not greater than 25 percent of its cost; (C) the property is no longer suitable for its governmental purposes on the date of disposition; and (D) the Village deposits amounts received from the disposition in a commingled fund with substantial tax or other governmental revenues and the Village reasonably expects to spend the amounts on governmental programs within six months from the date of the commingling.

(b) The Village acknowledges that if property financed with the Prior Bonds is sold or otherwise disposed of in a manner contrary to (a) above, such sale or disposition may constitute a “deliberate action” within the meaning of the Regulations that may require remedial actions to prevent the Bonds from becoming private activity bonds. The Village shall promptly contact Bond Counsel if a sale or other disposition of Bond-financed property is considered by the Village.

7.4. Purchase of Bonds by Village. The Village will not purchase any of the Bonds except to cancel such Bonds.

7.5. First Call Date Limitation. The period between the date of Closing and the first call date of the Bonds is not more than 10-1/2 years.

7.6. Registered Form. The Village recognizes that Section 149(a) of the Code requires the Bonds to be issued and to remain in fully registered form in order that interest thereon be exempt from federal income taxation under laws in force at the time the Bonds are delivered. In this connection, the Village agrees that it will not take any action to permit the Bonds to be issued in, or converted into, bearer or coupon form.

7.7. First Amendment. The Village acknowledges and agrees that it will not use, or allow the Prior Project to be used, in a manner which is prohibited by the Establishment of Religion Clause of the First Amendment to the Constitution of the United States of America or by any comparable provisions of the Constitution of the State of Illinois.

7.8. Future Events. The Village acknowledges that any changes in facts or expectations from those set forth herein may result in different Yield restrictions or rebate requirements from those set forth herein. The Village shall promptly contact Bond Counsel if such changes do occur.

7.9. Records Retention. The Village agrees to keep and retain or cause to be kept and retained sufficient records to support the continued exclusion of the interest paid on the Bonds from federal income taxation, to demonstrate compliance with the covenants in this Ordinance and to show that all tax returns related to the Bonds submitted or required to be submitted to the Internal Revenue Service are correct and timely filed. Such records shall include, but are not limited to, basic records relating to

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the Bond transaction (including this Ordinance and the Bond Counsel opinion); documentation evidencing the expenditure of Bond proceeds; documentation evidencing the use of Bond-financed property by public and private entities (i.e., copies of leases, management contracts and research agreements); documentation evidencing all sources of payment or security for the Bonds; and documentation pertaining to any investment of Bond proceeds (including the information required under paragraphs 4.3 and 4.4 hereof and in particular information related to the purchase and sale of securities, SLGs subscriptions, yield calculations for each class of investments, actual investment income received from the investment of proceeds, guaranteed investment contracts and documentation of any bidding procedure related thereto and any fees paid for the acquisition or management of investments and any rebate calculations). Such records shall be kept for as long as the Bonds are outstanding, plus three (3) years after the later of the final payment date of the Bonds or the final payment date of any obligations or series of obligations issued to refund directly or indirectly all or any portion of the Bonds.

7.10. Permitted Changes; Opinion of Bond Counsel. The Yield restrictions contained in paragraph 5.2 hereof or any other restriction or covenant contained herein need not be observed or may be changed if such nonobservance or change will not result in the loss of any exemption for the purpose of federal income taxation to which interest on the Bonds is otherwise entitled and the Village receives an opinion of Bond Counsel to such effect. Unless the Village otherwise directs, such opinion shall be in such form and contain such disclosures and disclaimers as may be required so that such opinion will not be treated as a covered opinion or a state or local bond opinion for purposes of Treasury Department regulations governing practice before the Internal Revenue Service (Circular 230) 31 C.F.R. pt. 10.

7.11. Excess Proceeds. Gross Proceeds of the Bonds and investment earnings thereon and all unspent Prior Bond Proceeds as of the date of Closing and investment earnings thereon do not exceed by more than one percent of the Sale Proceeds of the Bonds the amount that will be used for:

(i) payment of principal of or interest or call premium on the Refunded Bonds;

(ii) payment of pre-issuance accrued interest on the Bonds and interest on the Bonds that accrues for a period up to the completion date of any capital project for which the prior issue was issued, plus one year;

(iii) payment of cost of issuance of the Bonds;

(iv) payment of administrative costs allocable to repaying the Refunded Bonds, carrying and repaying the Bonds or investments of the Bonds;

(v) Prior Bond Proceeds that will be used or maintained for the governmental purpose of the Refunded Bonds;

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(vi) interest on purpose investments; and

(vii) costs of the Credit Facility, if any, allocable to the Bonds.

7.12. Successors and Assigns. The terms, provisions, covenants and conditions of this Section shall bind and inure to the benefit of the respective successors and assigns of the Village Board and the Village.

7.13. Expectations. The Village Board has reviewed the facts, estimates and circumstances in existence on the date of issuance of the Bonds. Such facts, estimates and circumstances, together with the expectations of the Village as to future events, are set forth in summary form in this Section. Such facts and estimates are true and are not incomplete in any material respect. On the basis of the facts and estimates contained herein, the Village has adopted the expectations contained herein. On the basis of such facts, estimates, circumstances and expectations, it is not expected that Sale Proceeds, investment earnings thereon or any other moneys or property will be used in a manner that will cause the Bonds to be arbitrage bonds within the meaning of the Rebate Provisions and the Regulations. Such expectations are reasonable and there are no other facts, estimates and circumstances that would materially change such expectations.

The Village also agrees and covenants with the purchasers and holders of the Bonds from

time to time outstanding that, to the extent possible under Illinois law, it will comply with

whatever federal tax law is adopted in the future which applies to the Bonds and affects the

tax-exempt status of the Bonds.

The Village Board hereby authorizes the officials of the Village responsible for issuing

the Bonds, the same being the President, Village Clerk and Village Treasurer, to make such

further covenants and certifications as may be necessary to assure that the use thereof will not

cause the Bonds to be arbitrage bonds and to assure that the interest in the Bonds will be exempt

from federal income taxation. In connection therewith, the Village and the Village Board further

agree: (a) through their officers, to make such further specific covenants, representations as shall

be truthful, and assurances as may be necessary or advisable; (b) to consult with counsel

approving the Bonds and to comply with such advice as may be given; (c) to pay to the United

States, as necessary, such sums of money representing required rebates of excess arbitrage

profits relating to the Bonds; (d) to file such forms, statements, and supporting documents as

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may be required and in a timely manner; and (e) if deemed necessary or advisable by their

officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist

the Village in such compliance.

Section 18. Rights and Duties of Bond Registrar and Paying Agent. If requested by the

Bond Registrar or the Paying Agent, or both, any officer of the Village is authorized to execute

standard forms of agreements between the Village and the Bond Registrar or Paying Agent with

respect to the obligations and duties of the Bond Registrar or Paying Agent hereunder. In

addition to the terms of such agreements and subject to modification thereby, the Bond Registrar

and Paying Agent by acceptance of duties hereunder agree:

(a) to act as bond registrar, paying agent, authenticating agent, and transfer

agent as provided herein;

(b) as to the Bond Registrar, to maintain a list of Bondholders as set forth

herein and to furnish such list to the Village upon request, but otherwise to keep such list

confidential to the extent permitted by law;

(c) to give notice of redemption of Bonds as provided herein;

(d) as to the Bond Registrar, to cancel and/or destroy Bonds which have been

paid at maturity or upon redemption or submitted for exchange or transfer;

(e) as to the Bond Registrar, to furnish the Village at least annually a certificate

with respect to Bonds cancelled and/or destroyed; and

(f) to furnish the Village at least annually an audit confirmation of Bonds paid,

Bonds outstanding and payments made with respect to interest on the Bonds.

The Village Clerk of the Village is hereby directed to file a certified copy of this

Ordinance with the Bond Registrar and the Paying Agent.

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Section 19. Taxes Previously Levied. The taxes previously levied to pay principal of

and interest on the Refunded Bonds, to the extent such principal and interest is provided for from

the proceeds of the Bonds, shall be abated. The filing of a certificate of abatement with the

County Clerk shall constitute authority and direction for the County Clerk to make such

abatement.

Section 20. Defeasance. Any Bond or Bonds which (a) are paid and cancelled,

(b) which have matured and for which sufficient sums have been deposited with the Paying

Agent to pay all principal and interest due thereon, or (c) for which sufficient U.S. funds and

direct U.S. Treasury obligations have been deposited with the Paying Agent or similar institution

to pay, taking into account investment earnings on such obligations, all principal of and interest

on such Bond or Bonds when due at maturity or as called for redemption, pursuant to an

irrevocable escrow or trust agreement, shall cease to have any lien on or right to receive or be

paid from the Bond Moneys or Pledged Taxes hereunder and shall no longer have the benefits of

any covenant for the registered owners of outstanding Bonds as set forth herein as such relates to

lien and security of the outstanding Bonds. All covenants relative to the Tax-exempt status of

the Bonds; and payment, registration, transfer, and exchange; are expressly continued for all

Bonds whether outstanding Bonds or not.

Section 21. Continuing Disclosure Undertaking. The President is hereby authorized,

empowered and directed to execute and deliver the Continuing Disclosure Undertaking (the

“Continuing Disclosure Undertaking”) in substantially the same form as now before the Village

Board, or with such changes therein as he shall approve, his execution thereof to constitute

conclusive evidence of the approval of such changes. When the Continuing Disclosure

Undertaking is executed and delivered on behalf of the Village as herein provided, the

Continuing Disclosure Undertaking will be binding on the Village and the officers, employees

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and agents of the Village, and the officers, employees and agents of the Village are hereby

authorized, empowered and directed to do all such acts and things and to execute all such

documents as may be necessary to carry out and comply with the provisions of the Continuing

Disclosure Undertaking as executed. Notwithstanding any other provision of this Ordinance, the

sole remedies for failure to comply with the Continuing Disclosure Undertaking shall be the

ability of the beneficial owner of any Bond to seek mandamus or specific performance by court

order, to cause the Village to comply with its obligations under the Continuing Disclosure

Undertaking.

Section 22. Call of Refunded Bonds. In accordance with the redemption provisions of

the bond ordinances authorizing the Prior Bonds, the Village by the Village Board does hereby

make provision for the payment of and does hereby call (subject only to the delivery of the

Bonds) the Refunded Bonds for redemption and payment prior to maturity on their earliest

practical call dates therefor, the same being the dates set forth in the Bond Notification.

Section 23. Municipal Bond Insurance. In the event the payment of principal and

interest on the Bonds is insured pursuant to a municipal bond insurance policy (the “Municipal

Bond Insurance Policy”) issued by a bond insurer (the “Bond Insurer”), and as long as such

Municipal Bond Insurance Policy shall be in full force and effect, the Village and the Bond

Registrar agree to comply with such usual and reasonable provisions regarding presentment and

payment of the Bonds, subrogation of the rights of the Bondholders to the Bond Insurer when

holding Bonds, amendment hereof, or other terms, as approved by the President on advice of

counsel, his approval to constitute full and complete acceptance by the Village of such terms and

provisions under authority of this section.

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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.

[Remainder of Page Intentionally Left Blank]

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Section 26. Superseder and Effective Date. All ordinances, resolutions and orders, or

parts thereof, in conflict herewith, are to the extent of such conflict hereby superseded; and this

Ordinance shall be in full force and effect immediately upon its passage and approval.

AYES: ______________________________________________________________

______________________________________________________________

NAYS: ______________________________________________________________

ABSENT: ______________________________________________________________

ADOPTED: May 7, 2013 APPROVED: May 7, 2013 _______________________________________ President, Village of Oswego Kendall County, Illinois

Recorded In Village Records: May 7, 2013.

ATTEST: _________________________________ Village Clerk, Village of Oswego Kendall County, Illinois Draf

t

EXHIBIT A

ESCROW AGREEMENT

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STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL )

CERTIFICATION OF MINUTES AND ORDINANCE

I, the undersigned, do hereby certify that I am the duly qualified and acting Village Clerk of the Village of Oswego, Kendall County, Illinois (the “Village”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes and files of the Village and of the President and Board of Trustees (the “Board”) thereof.

I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the Village Board held on the 7th day of May, 2013 insofar as the same relates to the adoption of an ordinance, numbered ____ entitled:


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 Board on the adoption of said ordinance were conducted openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the Board at least 96 hours in advance of the holding of said meeting, that at least one copy of said agenda was continuously available for public review during the entire 96-hour period preceding said meeting, that a true, correct and complete copy of said agenda as so posted is attached hereto as Exhibit A, that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and with the provisions of the Illinois Municipal Code, as amended, and that the Board has complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Board.

IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the Village this 7th day of May, 2013.

_______________________________________ Village Clerk

[SEAL]

[Attach Exhibit B]

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STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL )

CERTIFICATE OF FILING

I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk

of The County of Kendall, Illinois, and as such officer I do hereby certify that on the ____ day of

____________, 2013, there was filed in my office a properly certified copy of Ordinance

Number ____ passed by the President and Board of Trustees of the Village of Oswego, Kendall

County, Illinois, on the 7th day of May, 2013, and entitled:


and that the same has been deposited in, and all as appears from, the official files and records of

my office.

IN WITNESS WHEREOF I have hereunto affixed my official signature and the seal of The

County of Kendall, Illinois, this ____ day of ____________, 2013.

_______________________________________ County Clerk of The County of Kendall, Illinois

[SEAL]

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PRELIMINARY OFFICIAL STATEMENT DATED ________, 2013 NEW ISSUE Moody’s Investment Rating: ____ Book-Entry Only

Subject to compliance by the Village with certain covenants, in the opinion of Bond Counsel, under present law, interest on the Bonds is excludable from gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the federal alternative minimum tax for individuals and corporations, but such interest is taken into account in computing an adjustment used in determining the federal alternative tax for certain corporations. Interest on the Bonds is not exempt from present Illinois income taxes. See “TAX EXEMPTION” herein for a more complete discussion. The Bonds are “qualified tax-exempt obligations” under Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. See “QUALIFIED TAX-EXEMPT OBLIGATIONS” herein.

$________ * VILLAGE OF OSWEGO Kendall County, Illinois

General Obligation Refunding Bonds, Series 2013

Dated: The Date of Delivery Due: December 15, see table below

The $_________ * General Obligation Refunding Bonds, Series 2013 (the “Bonds”), will be issued by the Village of Oswego, Kendall County, Illinois (the “Village”) in fully registered form in the denomination of $5,000 or authorized integral multiples thereof. Semi-annual interest on the Bonds shall be payable on each June 15 and December 15 commencing December 15, 2013. The Bond Registrar and Paying Agent for this issue is The Bank of New York Mellon Trust Company, National Association, Chicago, Illinois (the “Bond Registrar and Paying Agent”). The Bonds will be issued only in fully registered form and will be registered in the name of Cede & Co. as nominee of The Depository Trust Company, New York, New York ("DTC"). DTC will act as the securities depository of the Bonds. Individual purchases will be made in book-entry form only in denominations of $5,000 principal amount or any authorized integral multiple thereof. Purchasers of the Bonds will not receive certificates representing their interest in the Bonds purchased. (See “Book-Entry Only System”).

The proceeds from the sale of the Bonds will be used to (i) advance refund a portion of the Village’s outstanding General Obligation Bonds, Series 2006A, (ii) advance refund a portion of the Village’s outstanding General Obligation Bonds (Alternate Revenue Source), Series 2007A, (iii) advance refund a portion of the Village’s outstanding General Obligation Bonds (Alternate Revenue Source), Series 2007B, and (iv) pay certain expenses relating to the issuance of the Bonds.

In the opinion of Bond Counsel, the Bonds are valid and legally binding upon the Village, are payable from any funds of the

Village legally available for such purpose and all taxable property in the Village is subject to the levy of taxes to pay the same 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, reorganization, moratorium and other similar laws affecting creditors’ rights and by equitable principles, whether considered at law or in equity, including the exercise of judicial discretion. See “THE BONDS-Security” herein.

The Bonds are subject to optional redemption prior to maturity. See “THE BONDS-Redemption Prior to Maturity” herein.

MATURITY SCHEDULE, INTEREST RATES AND YIELDS * Due

December 15 Principal Amount

Interest Rate

Priced to Yield

CUSIP (688664)**

Due December 15

Principal Amount

Interest Rate

Priced to Yield

CUSIP (688664)**

2013 2014 2015 2016 2017 2018 2019 2020

$

%

%

2021 2022 2023 2024 2025 2026 2027

$

%

%

This cover page contains certain information for quick reference only. It is not a summary of the Bonds. Investors must

read the entire Official Statement to obtain information essential to the making of an informed investment decision. The Bonds are offered when, as and if issued and received by the Underwriter, subject to prior sale, withdrawal or modification of

the offer without notice and to the approval of legality by Chapman and Cutler LLP, Chicago, Illinois, Bond Counsel. It is expected that the Bonds will be available for delivery in definitive form through the facilities of DTC in New York, New York on or about June __, 2013.

BAIRD ________ *Preliminary, subject to change. **CUSIP data herein is provided by Standard & Poor’s CUSIP Service Bureau, a division of the McGraw-Hill Companies, Inc.

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Certain information contained in this Official Statement has been obtained by the Village of Oswego (the “Village”) from DTC and other sources that are deemed to be reliable. No representation or warranty is made, however, as to the accuracy or completeness of such information by the Village or the Underwriter. Nothing contained in this Official Statement is or shall be relied on as a promise or representation by the Underwriter. This Official Statement is being used in connection with the sale of securities as referred to herein and may not be used, in whole or in part, for any other purpose. The delivery of this Official Statement at any time does not imply that information in it is correct as of any time subsequent to its date.

No dealer, broker, salesman, or other person has been authorized by the Village or by the Underwriter to give any

information or to make any representations other than those contained herein, and if given or made, such other information or representations must not be relied upon as having been authorized by any of the foregoing. This Official Statement does not constitute an offer to sell or the solicitation of any offer to buy, nor shall there be any sale of the Bonds, by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale.

The Underwriter has reviewed the information in this Official Statement in accordance with, and as part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information.

The information and expressions of opinion herein are subject to change without notice and neither the delivery of this

Official Statement nor any other sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the Village.

In connection with the offering of the Bonds, the Underwriter may overallot or effect transactions that stabilize or maintain

the market price of the Bonds at a level above the level that might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time without notice. The prices and other terms respecting the offering and sale of the Bonds may be changed from time to time by the Underwriter after the Bonds are released for sale, and the Bonds may be offered and sold at prices other than the initial offering prices, including sales to dealers who may sell the Bonds into investment accounts.

IN MAKING AN INVESTMENT DECISION, INVESTORS MUST RELY ON THEIR OWN EXAMINATION OF THE

VILLAGE AND THE TERMS OF THE OFFERING, INCLUDING THE MERITS AND RISK INVOLVED. THESE SECURITIES HAVE NOT BEEN RECOMMENDED BY ANY FEDERAL OR STATE SECURITIES COMMISSION OR REGULATORY AUTHORITY. FURTHERMORE, THE FOREGOING AUTHORITIES HAVE NOT CONFIRMED THE ACCURACY OR DETERMINED THE ADEQUACY OF THIS DOCUMENT. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.

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TABLE OF CONTENTS

Page OFFICERS AND OFFICIALS ......................................................................................................................................................... ii PROFESSIONAL SERVICES .......................................................................................................................................................... ii INTRODUCTION ............................................................................................................................................................................ 1 THE FINANCING ............................................................................................................................................................................ 1

Purpose of the Bonds ................................................................................................................................................................... 1 The Refunding ............................................................................................................................................................................. 1 Verification .................................................................................................................................................................................. 1 The Refunded Bonds ................................................................................................................................................................... 2 Estimated Sources and Uses of Funds ......................................................................................................................................... 3

THE BONDS .................................................................................................................................................................................... 3 Authorization ............................................................................................................................................................................... 3 Security ........................................................................................................................................................................................ 3 Redemption Prior to Maturity ...................................................................................................................................................... 4 Registration, Payment and Transfer ............................................................................................................................................. 4 Book-Entry Only System ............................................................................................................................................................. 5 Transfer Outside Book-Entry Only System ................................................................................................................................. 6

THE VILLAGE ................................................................................................................................................................................ 7 General Description of the Village .............................................................................................................................................. 7 Population .................................................................................................................................................................................... 7 Government ................................................................................................................................................................................. 7 Community Services .................................................................................................................................................................... 8

REAL PROPERTY ASSESSMENT, TAX LEVY AND COLLECTION PROCEDURES ............................................................. 8 Summary of Property Assessment, Tax Levy and Collection Procedures ................................................................................... 8 Tax Levy and Collection Procedures ........................................................................................................................................... 8 Exemptions .................................................................................................................................................................................. 9 Property Tax Extension Limitation Law .................................................................................................................................... 10 Truth in Taxation Law ............................................................................................................................................................... 10 Equalized Assessed Valuations .................................................................................................................................................. 11 Property Tax Rates .................................................................................................................................................................... 11 Principal Taxpayers ................................................................................................................................................................... 12 Tax Extensions and Collections ................................................................................................................................................. 12

VILLAGE DEBT ............................................................................................................................................................................ 14 Debt Limitation .......................................................................................................................................................................... 14 Debt Amortization ..................................................................................................................................................................... 14 Overlapping General Obligation Bonded Debt .......................................................................................................................... 15 Future Financing ........................................................................................................................................................................ 15 Short Term Borrowings ............................................................................................................................................................. 15 Payment Record ......................................................................................................................................................................... 15

LABOR CONTRACTS .................................................................................................................................................................. 15 EMPLOYEE RETIREMENT SYSTEMS ...................................................................................................................................... 16

Plan Descriptions ....................................................................................................................................................................... 16 Significant Investments .............................................................................................................................................................. 17 Annual Pension Costs ................................................................................................................................................................ 17 Funded Status ............................................................................................................................................................................ 18

OTHER POST EMPLOYEE BENEFITS ....................................................................................................................................... 19 Plan Description......................................................................................................................................................................... 19 Benefits Provided ....................................................................................................................................................................... 19 Membership ............................................................................................................................................................................... 19 Funding Policy ........................................................................................................................................................................... 20 Annual OPEB Costs and Net OPEB Obligation ........................................................................................................................ 20

ECONOMIC PROFILE .................................................................................................................................................................. 21 Employment ............................................................................................................................................................................... 21 Education ................................................................................................................................................................................... 23 Housing and Construction ......................................................................................................................................................... 24 Income ....................................................................................................................................................................................... 25

FINANCIAL INFORMATION ...................................................................................................................................................... 25 Budgeting................................................................................................................................................................................... 25 Investment Policy ...................................................................................................................................................................... 25 Financial Reports ....................................................................................................................................................................... 25 Summary of Financial Information ............................................................................................................................................ 26

BOND RATING ............................................................................................................................................................................. 28 TAX EXEMPTION ........................................................................................................................................................................ 28 CONTINUING DISCLOSURE ...................................................................................................................................................... 30 THE UNDERTAKING ................................................................................................................................................................... 30

Annual Financial Information Disclosure .................................................................................................................................. 30 Reportable Events Disclosure .................................................................................................................................................... 31 Consequences of Failure of the Village to Provide Information ................................................................................................ 31 Amendment; Waiver .................................................................................................................................................................. 31 Termination of Undertaking ...................................................................................................................................................... 32 Additional Information .............................................................................................................................................................. 32 Dissemination of Information; Dissemination Agent ................................................................................................................ 32

QUALIFIED TAX-EXEMPT OBLIGATIONS.............................................................................................................................. 32 CERTAIN LEGAL MATTERS ...................................................................................................................................................... 32 LITIGATION .................................................................................................................................................................................. 33 UNDERWRITING .......................................................................................................................................................................... 33 MISCELLANEOUS ....................................................................................................................................................................... 33 AUTHORIZATION ........................................................................................................................................................................ 33 BASIC FINANCIAL STATEMENTS AND RELATED NOTES – Fiscal Year Ended April 30, 2012 ............................. APPENDIX A FORM OF APPROVING OPINION ................................................................................................................................... APPENDIX B FORM OF CONTINUING DISCLOSURE UNDERTAKING ........................................................................................... APPENDIX C

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VILLAGE OF OSWEGO, ILLINOIS

OFFICERS AND OFFICIALS

President Brian LeClercq

Board of Trustees Tony Giles Gail Johnson Pam Parr Terry Michels Judy Sollinger Scott Volpe

Village Administrator Steve Jones

Chief of Police Dwight A. Baird

Village Clerk Tina Touchette

Finance Director

Mark Horton

__________________________________

100 Parkers Mill Oswego, Illinois 60543 Phone: (630) 554-3618

Fax: (630) 554-3306 __________________________________

PROFESSIONAL SERVICES

Auditor and Verification Agent: Sikich LLP, Aurora, Illinois Bond Counsel: Chapman and Cutler LLP, Chicago, Illinois Village Attorney: Ottosen, Britz, Kelly, Cooper, Gilbert & DiNolfo, Ltd., Naperville, Illinois Bond Registrar, Paying Agent and Escrow Agent: The Bank of New York Mellon Trust Company, National Association, Chicago, Illinois

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OFFICIAL STATEMENT Relating to $_______ *

VILLAGE OF OSWEGO Kendall County, Illinois

General Obligation Refunding Bonds, Series 2013

INTRODUCTION

This Official Statement, including the cover page hereof and the appendices hereto, is provided by the Village of Oswego, Kendall County, Illinois (the “Village”) for the purpose of setting forth information to all who may become registered owners of the Village’s $_______ * General Obligation Refunding Bonds, Series 2013 (the “Bonds”). The Bonds were authorized in an ordinance adopted by the President and Board of Trustees of the Village (the “Board”) on May 7, 2013, as supplemented by a related notification of sale (together, the “Ordinance”).

THE FINANCING Purpose of the Bonds

The Bonds are being issued to (i) advance refund a portion of the Village’s outstanding General Obligation Bonds, Series 2006A, dated May 15, 2006 (the “2006A Bonds”), maturing in the years ____ through and including 2025 (the “2006A Refunded Bonds”), (ii) advance refund a portion of the Village’s outstanding General Obligation Bonds (Alternate Revenue Source), Series 2007A, dated December 15, 2007 (the “2007A Bonds”), maturing in the years ____ through and including 2027 (the “2007A Refunded Bonds”), (iii) advance refund a portion of the Village’s outstanding General Obligation Bonds (Alternate Revenue Source), Series 2007B, dated December 15, 2007 (the “2007B Bonds”), maturing in the years ____ through and including 2027 (the “2007B Refunded Bonds” and, together with the 2006A Refunded Bonds and 2007A Refunded Bonds, the “Refunded Bonds”) and (iv) pay certain expenses related to the issuance of the Bonds. See “The Refunding” and “The Refunded Bonds” herein.

The Refunding

Proceeds of the Bonds will be used to fund an irrevocable escrow account (the “Escrow Account”) consisting of cash and direct obligations of the United States of America (the “Government Obligations”). The Escrow Account will be held by The Bank of New York Mellon Trust Company, National Association, Chicago, Illinois (the “Escrow Agent”) and will be used to pay principal of and interest on the Refunded Bonds when due and upon the redemption thereof. The Escrow Account will be held by the Escrow Agent pursuant to an escrow agreement (the “Escrow Agreement”) which irrevocably directs the Escrow Agent to (i) make all payments of the principal of and interest on the Refunded Bonds when due and upon the redemption date thereof, and (ii) take all steps necessary to call the Refunded Bonds on such call dates. The Escrow Account will be funded in such amounts so that the cash and the principal and interest payments received on the Government Obligations will be sufficient, without reinvestment, to pay the principal of and interest on the Refunded Bonds when due and upon the prior redemption thereof. Proceeds of the Bonds not being used to pay principal of and interest on the Refunded Bonds will be used to pay costs of issuance of the Bonds.

Verification

The accuracy of (a) the mathematical computations regarding the adequacy of the maturing principal of and interest earnings

on the Government Securities together with an initial cash deposit in the Escrow Account to pay the debt service described above on the Refunded Bonds and (b) the mathematical computations supporting the conclusion that the Bonds are not “arbitrage bonds” under Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”) will be verified by Sikich LLP, Aurora, Illinois (the “Verification Agent”). Such verification shall be based upon information supplied by the Underwriter.

__________ * Preliminary, subject to change.

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The Refunded Bonds [To be finalized by Baird prior to printing.]

The following schedules set forth the principal to be refunded by the Bonds, which will be paid from the Escrow Account.

2006A Refunded Bonds

Maturities Outstanding

Amount Refunded Amount

Redemption Price

Redemption Date

December 15, 2013 $ 450,000 $ 0 - - December 15, 2014 475,000 0 - - December 15, 2015 500,000 0 - - December 15, 2016 500,000 0 - - December 15, 2017 525,000 December 15, 2018 550,000 December 15, 2019 575,000 December 15, 2020 600,000 December 15, 2021 625,000 December 15, 2022 650,000 December 15, 2023 675,000 December 15, 2024 700,000 December 15, 2025 700,000 $ 7,525,000

2007A Refunded Bonds



Redemption Price

Redemption Date

December 15, 2013 $ 150,000 $ 0 - - December 15, 2014 (1) 150,000 0 - - December 15, 2015 150,000 0 - - December 15, 2016 (1) 160,000 December 15, 2017 165,000 December 15, 2018 (1) 175,000 December 15, 2019 175,000 December 15, 2020 (1) 185,000 December 15, 2021 200,000 December 15, 2022 (1) 200,000 December 15, 2023 210,000 December 15, 2024 (1) 225,000 December 15, 2025 225,000 December 15, 2026 (1) 235,000 December 15, 2027 245,000 $ 2,850,000

(1) Represents sinking fund payment.

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2007B Refunded Bonds



Redemption Price

Redemption Date

December 15, 2013 $ 250,000 $ 0 - - December 15, 2014 250,000 0 - - December 15, 2015 265,000 0 - - December 15, 2016 275,000 December 15, 2017 285,000 December 15, 2018 (1) 300,000 December 15, 2019 310,000 December 15, 2020 (1) 325,000 December 15, 2021 325,000 December 15, 2022 (1) 350,000 December 15, 2023 360,000 December 15, 2024 375,000 December 15, 2025 390,000 December 15, 2026 400,000 December 15, 2027 425,000 $ 4,885,000

(1) Represents sinking fund payment. Estimated Sources and Uses of Funds

The sources and uses of funds with respect to the financing are estimated as follows:

Estimated Sources of Funds

Principal Amount ..............................................Reoffering Premium ..........................................

Total ...........................................................

$ $

Estimated Uses of Funds

Deposit to Escrow Account ...............................Costs of Issuance (1) ...........................................

Total ............................................................

$ $

(1) Includes underwriter’s discount, bond registrar and paying agent fees, legal fees, rating fee, printing and other miscellaneous

costs of issuance.

THE BONDS Authorization

The Bonds are issued pursuant to the Village’s home rule powers as provided by Section 6 of Article VII of the 1970 Illinois

Constitution. The Bonds are authorized by the Board by the Ordinance. Security

The Bonds, in the opinion of Chapman and Cutler LLP, Illinois, Bond Counsel (“Bond Counsel”), are valid and legally binding upon the Village, are payable from any funds of the Village legally available for such purpose and all taxable property in the Village is subject to the levy of taxes to pay the same 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, reorganization, moratorium and other similar laws affecting creditors’ rights and by equitable principles, whether considered at law or in equity, including

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the exercise of judicial discretion. The Ordinance authorizes the levy of ad valorem taxes, unlimited as to rate or amount, upon all taxable property within the

Village in amounts sufficient to pay, as and when due, all principal of and interest on the Bonds. The Ordinance will be filed with the County Clerk of Kendall County, Illinois (the “County Clerk”), and will serve as authorization to the County Clerk to extend and collect the property taxes as set forth in the Ordinance to pay the Bonds.

Reference is made to Appendix B for the proposed form of opinion of Bond Counsel.

Redemption Prior to Maturity

The Bonds maturing on or after December 15, ____, are subject to redemption prior to maturity at the option of the Village

from any available funds on December 15, ____, and any date thereafter, in whole or in part, and if in part, in any order of their maturity as determined by the Village (less than all of the Bonds of a single maturity to be selected by the Bond Registrar) at a redemption price of par plus accrued interest to the date fixed for redemption.

The Village will, at least 45 days prior to any optional redemption date (unless a shorter time period shall be satisfactory to

the Bond Registrar), notify the Bond Registrar of such redemption date and of the principal amount and maturity or maturities of Bonds to be redeemed. For purposes of any redemption of less than all of the outstanding Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot by the Bond Registrar from the Bonds of such maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate (except when the Bonds are held in a book-entry system, in which case the selection of Bonds to be redeemed will be made in accordance with procedures established by DTC or any other book-entry depository); provided that such lottery shall provide for the selection for redemption of Bonds or portions thereof in principal amounts of $5,000 and integral multiples thereof.

Unless waived by any holder of Bonds to be redeemed, notice of the call for any redemption will be given by the Bond

Registrar on behalf of the Village by mailing the redemption notice by first-class mail at least 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bonds to be redeemed at the address shown on the Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar.

Unless moneys sufficient to pay the redemption price of the Bonds to be redeemed are received by the Bond Registrar prior

to the giving of such notice of redemption, such notice may, at the option of the Village, state that said redemption will be conditional upon the receipt of such moneys by the Bond Registrar on or prior to the date fixed for redemption. If such moneys are not received, such notice will be of no force and effect, the Village will not redeem such Bonds, and the Bond Registrar will give notice, in the same manner in which the notice of redemption has been given, that such moneys were not so received and that such Bonds will not be redeemed. Otherwise, prior to any redemption date, the Village will deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date.

Subject to the provisions for a conditional redemption described above, notice of redemption having been given as described

above and in the Ordinance, and notwithstanding failure to receive such notice, the Bonds or portions of Bonds so to be redeemed will, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the Village shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds will be paid by the Bond Registrar at the redemption price.

Registration, Payment and Transfer

The Bonds are issuable only as fully registered Bonds without coupons, and when issued, will be registered in the name of Cede & Co., as nominee for The Depository Trust Company (“DTC”), New York, New York. DTC will act as securities depository for the Bonds. Purchases of beneficial interests in the Bonds will be made in book-entry-only form, in the denomination of $5,000 or any integral multiple thereof. Purchasers will not receive certificates representing their beneficial interests in Bonds purchased. So long as Cede & Co. is the Bondholder, as nominee for DTC, references herein to the Bondholders or registered owners shall mean Cede & Co., as aforesaid, and shall not mean the Beneficial Owners (as hereinafter defined) of the Bonds. See “THE BONDS – Book-Entry Only System” herein.

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The Bonds will be issued in the original aggregate principal amount as shown on the cover of this Official Statement. The Bonds will be dated as of the date of issuance (the “Dated Date”) and will bear interest from the later of the Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for. Interest on the Bonds shall be payable semi-annually on each June 15 and December 15 commencing December 15, 2013. Interest on the Bonds shall be computed using a 360-day year and twelve 30-day months and the Bonds will mature on the dates and in the principal amounts and will bear interest at the rates as set forth on the cover of this Official Statement. The Bonds will be registered Bonds in the denomination of $5,000 or multiples thereof not exceeding for each maturity the principal amount of such maturity. The principal and interest shall be payable at the principal office maintained for the purpose by The Bank of New York Mellon Trust Company, National Association (the “Bond Registrar and Paying Agent”) or such paying agent as the Village may hereafter designate by notice mailed to the bondholders. So long as DTC or its nominee, Cede & Co., is the Bondholder, such payments will be made directly to DTC. Disbursement of such payments to the Beneficial Owners is the responsibility of DTC Participants and Indirect Participants (both as hereinafter defined), as more fully described below. Interest shall be paid when due by check or draft mailed to the registered owners of Bonds as shown on the registration books as of the fifteenth day of the calendar month preceding the payment date for each interest payment or at the request of a registered owner, by wire transfer to the registered owner’s instructions. Book-Entry Only System

The information in this section has been furnished by DTC. No representation is made by the Village, Bond Counsel, the Underwriter or the Bond Registrar and Paying Agent as to the completeness or accuracy of such information or as to the absence of material adverse changes in such information subsequent to the date hereof. No attempt has been made by the Village, Bond Counsel, the Underwriter or the Bond Registrar and Paying Agent to determine whether DTC is or will be financially or otherwise capable of fulfilling its obligations. Neither the Village nor the Bond Registrar and Paying Agent will have any responsibility or obligation to DTC participants, indirect participants or the persons for which they act as nominees with respect to the Bonds, or for any principal or interest payment thereof.

DTC will act as securities depository for the Bonds. The Bonds will be issued as fully-registered bonds registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered Bond certificate will be issued for each maturity of the Bonds, in the aggregate principal amount of such maturity, and will be deposited with DTC.

DTC, the world’s largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments from over 100 countries that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC is rated “AA+” by Standard & Poor’s Ratings Services. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission (the “Commission”). More information about DTC can be found at www.dtcc.com and www.dtc.org.

Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC’s records. The ownership interest of each actual purchaser of each Bond (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Bonds, except in the event that use of the book-entry system for the Bonds is discontinued.

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To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers.

Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect

Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Bonds may wish to take certain steps to augment transmission to them of notices of significant events with respect to the Bonds, such as redemptions, tenders, defaults, and proposed amendments to the Bond documents. For example, Beneficial Owners of Bonds may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the Registrar and request that copies of notices be provided directly to them.

Redemption notices shall be sent to DTC. If less than all of the Bonds within an issue are being redeemed, DTC’s practice is

to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to the Bonds unless authorized

by a Direct Participant in accordance with DTC’s Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the Village as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy).

Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede & Co., or such other nominee

as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detailed information from the Village or Registrar, on payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with bonds held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC, the Registrar, or the Village, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the Village or the Registrar, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants.

DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving

reasonable notice to the Village or the Registrar. Under such circumstances, in the event that a successor securities depository is not obtained, Bond certificates are required to be printed and delivered.

The Village may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities

depository). In that event, Bond certificates will be printed and delivered to DTC. The information in this section concerning DTC and DTC’s book-entry system has been obtained from DTC, and the Village

takes no responsibility for the accuracy thereof. The Village will have no responsibility or obligation to any Securities Depository, any Participants in the Book-Entry System

or the Beneficial Owners with respect to (i) the accuracy of any records maintained by the Securities Depository or any Participant; (ii) the payment by the Securities Depository or by any Participant of any amount due to any Beneficial Owner in respect of the principal amount or redemption price of, or interest on, any Bonds; (iii) the delivery of any notice by the Securities Depository or any Participant; (iv) the selection of the Beneficial Owners to receive payment in the event of any partial redemption of the Bonds; or (v) any other action taken by the Securities Depository or any Participant. Transfer Outside Book-Entry Only System

In the event the book-entry only system is discontinued, the following provisions would apply to the Bonds. The Bond Registrar and Paying Agent will act as transfer agent and bond registrar and shall keep the registration books for the Bonds (the “Bond Register”) at its principal office maintained for the purpose. Subject to the further conditions contained in the Ordinance,

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the Bonds of a series may be transferred or exchanged for one or more Bonds of that series in different authorized denominations upon surrender thereof at the principal office maintained for the purpose of the Bond Registrar and Paying Agent by the registered owners or their duly authorized attorneys; upon surrender of any Bonds to be transferred or exchanged, the Bond Registrar and Paying Agent shall record the transfer or exchange in the Bond Register and shall authenticate replacement bonds of that series in authorized denominations. The Bond Registrar and Paying Agent shall not be required to transfer or exchange any Bond during the period from the close of business on the first day of the month of any interest payment date on the Bonds to the opening of business on such interest payment date, nor to transfer or exchange any Bond after notice calling such Bond for redemption has been mailed, nor during a period of fifteen (15) days next preceding mailing of a notice of redemption of any Bonds. The Village and Bond Registrar and Paying Agent shall be entitled to treat the registered owners of the Bonds, as their names appear in the Bond Register as of the appropriate dates, as the owner of such Bonds for all purposes under the Ordinance. No transfer or exchange made other than as described above and in the Ordinance shall be valid or effective for any purposes under the Ordinance.

THE VILLAGE

General Description of the Village

The Village encompasses an area of approximately 14 square miles. It is located approximately 50 miles southwest of Chicago in northeast Kendall County (the “County”). The Village is well situated at the southern end of the Fox River Valley. It offered an easy crossing over the Fox River and the first permanent European settlers arrived in the Oswego area in 1833. The Village was platted in 1835 and incorporated in 1852. Nearby communities include the Village of Montgomery and the City of Aurora to the north, the United City of Yorkville, county seat of the County, to the southwest and unincorporated land to the south and east.

Population

As of the 2010 census, the Village population was 30,355. The Village’s population has more than doubled since the 2000 census count of 13,326. It is the largest municipality located completely within the County. The following table shows the population of the Village since the 1950 U.S. Census.

Year Population Percent Increase

1950 1960 1970 1980 1990 2000 2004 (1)

2008 (2) 2010

1,220 1,510 1,862 3,021 3,876

13,326 19,956 29,012 30,355

N.A. 23.8% 23.3 62.2 28.3

243.8 49.8 45.4

4.6 (1) Village population based on 2004 special census. (2) Village population based on 2008 special census. Sources: 1950 through 2010 U.S. Bureau of the Census.

The 2010 Census reports a population in the County of 114,736. In the 2000 Census, the County’s population was 54,544. According to Census Bureau statistics released in March 2011, the County's 2010 population made it the number one fastest growing county in the United States between the years 2000 and 2010. Government

The Village is a home rule unit pursuant to Article VII, Section 6 of the Illinois Constitution of 1970. Except as limited by

that Article, and any specific pre-emptive legislation adopted thereunder, a home rule unit may exercise any power and perform any function relating to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare, to license, to tax and to incur debt.

The Village operates under the village president/board of trustees form of government. The legislative body consists of the

president and a board of six trustees, all elected on an at-large basis to overlapping four-year terms. The Village Administrator is responsible for the day-to-day affairs of the Village. The Village prepares a five-year capital improvement plan and a five-year staffing plan that are updated annually.

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The Village owns and operates a waterworks and sewerage system with 161 miles of water mains, eight wells and five towers with a total storage capacity of 3.8 million gallons. Sewage treatment is provided by the Fox Metro Water Reclamation District.

The current elected Village officials and selected appointed positions are:

Elected Positions Appointed Positions Name Position Term Expires Name Position Brian LeClercq President April 2015 Steve Jones Village Administrator Tony Giles Trustee April 2015 Dwight A. Baird Police Chief Gail Johnson Trustee April 2015 Mark Horton Finance Director Pam Parr Trustee April 2017 Jerry Weaver Director of Public Works Terry Michels Trustee April 2015 Vijay Gadde Director of Economic Development Judy Sollinger Trustee April 2017 Rod Zenner Director of Community Development Scott Volpe Trustee April 2017 Ann M. Spears Director of Human Resources Patricia Lariviere Building & Zoning Manager Michele Brown Community Relations Manager Tina Touchette Village Clerk

Community Services

The Village is served by Rush-Copley Medical Center, a 183-bed hospital offering inpatient and outpatient care and

progressive technology. Rush-Copley is a member of the Rush-System for Health. In addition, Edward Hospital opened a brand new Immediate Care center within the Village in spring 2008 and Provena Mercy Medical Center is within twenty minutes of the Village.

The Oswegoland Park District encompasses an area of 37 square miles and offers residents an abundance of recreational

programs. The Park District owns 955 acres and leases one acre of park land with 59 park sites serving Village residents. A new aquatic center, bike trails, and hundreds of acres of parks provide Village area residents with clean and safe recreation. Festivals, such as the annual PrairieFest, provide seasonal entertainment for the whole family.

The Village is home to the Fox Bend Golf Course, rated as one of the top twenty public courses in the Chicagoland area.

Voted a Five Star Course by Chicagoland Golf magazine, Fox Bend has hosted three Illinois Opens, a 2010 USGA Qualifier, and will host a 2011 USGA Qualifier. For the ninth year in a row, the pro shop at Fox Bend has been recognized by Golf Digest as one of the top 100 golf shops in America.

Fire protection is provided by the Oswego Fire Protection District with four stations serving Village residents. Located along

the Fox River, the Village’s historic downtown includes shops, restaurants and the Oswego Public Library, which is a community center for learning, culture and recreation. Each year, the Oswego Chamber of Commerce sponsors Christmas Walk, which draws thousands of people from the Fox Valley to downtown.

REAL PROPERTY ASSESSMENT, TAX LEVY AND COLLECTION PROCEDURES Summary of Property Assessment, Tax Levy and Collection Procedures

A separate tax to pay the principal of and interest on the Bonds will be levied on all taxable real property within the Village.

The information under this caption describes the current procedures for real property assessments, tax levies and collections in the County. There can be no assurance that the procedures described herein will not change.

Tax Levy and Collection Procedures

Local Assessment Officers determine the assessed valuation of taxable real property and railroad property not held or used

for railroad operations. The Illinois Department of Revenue (the “Department”) assesses certain other types of taxable property, including railroad property held or used for railroad operations. Local Assessment Officers’ valuation determinations are subject to review at the county level and then, in general, to equalization by the Department. Such equalization is achieved by applying to each county’s assessments a multiplier determined by the Department. The purpose of equalization is to provide a common basis of assessments among counties by adjusting assessments toward the statutory standard of 33-1/3% of fair cash value.

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Farmland is assessed according to a statutory formula, which takes into account factors such as productivity and crop mix. Taxes are extended against the assessed values after equalization.

Property tax levies of each taxing body are filed in the office of the county clerk of each county in which territory of that

taxing body is located. The county clerk computes the rates and amount of taxes applicable to taxable property subject to the tax levies of each taxing body and determines the dollar amount of taxes attributable to each respective parcel of taxable property The county clerk then supplies to the appropriate collecting officials within the county the information needed to bill the taxes attributable to the various parcels therein. After the taxes have been collected, the collecting officials distribute to the various taxing bodies their respective shares of the taxes collected. Taxes levied in one calendar year are due and payable in two installments during the next calendar year. Taxes that are not paid when due, or that are not paid by mail and postmarked on or before the due date, are subject to a penalty of 1-1/2% per month until paid. Unpaid property taxes, together with penalties, interest and costs, constitute a lien against the property subject to the tax.

Exemptions

An annual General Homestead Exemption provides that the Equalized Assessed Valuation (“EAV”) of certain property

owned and used for residential purposes (“Residential Property”) may be reduced up to $6,000 for assessment year 2009 and thereafter in all counties.

The Homestead Improvement Exemption applies to Residential Properties that have been improved or rebuilt in the 2 years

following a catastrophic event. The exemption is limited to $75,000 per year beginning January 1, 2004 and thereafter, to the extent the assessed value is attributable solely to such improvements or rebuilding.

Additional exemptions exist for senior citizens. The Senior Citizens Homestead Exemption (“Senior Citizens Homestead

Exemption”) operates annually to reduce the EAV on a senior citizen’s home for assessment years prior to 2004 by $2,000 in counties with less than 3,000,000 inhabitants. For assessment years 2004 and 2005, the maximum reduction is $3,000 in all counties. For assessment years 2006 and 2007, the maximum reduction is $3,500 in all counties. In addition, for assessment year 2008 and thereafter, the maximum reduction is $4,000 for all counties. Furthermore, beginning with assessment year 2003, for taxes payable in 2004, property that is first occupied as a residence after January 1 of any assessment year by a person who is eligible for the Senior Citizens Homestead Exemption must be granted a pro rata exemption for the assessment year based on the number of days during the assessment year that the property is occupied as a residence by a person eligible for the exemption.

A Senior Citizens Assessment Freeze Homestead Exemption (“Senior Citizens Assessment Freeze Homestead Exemption”)

freezes property tax assessments for homeowners, who are 65 and older and receive a household income not in excess of the maximum income limitation. The maximum income limitation is $35,000 for years prior to 1999, $40,000 for assessment years 1999 through 2003, $45,000 for assessment years 2004 and 2005, $50,000 for assessment years 2006 and 2007 and for assessment year 2008 and after, the maximum income limitation is $55,000. In general, the Exemption limits the annual real property tax bill of such property by granting to qualifying senior citizens an exemption as to a portion of the valuation of their property. For those counties with less than 3,000,000, the exemption is as follows: through assessment year 2005 and for assessment year 2007 and later, the exempt amount is the difference between (i) the current EAV of the residence and (ii) the base amount, which is the EAV of a senior citizen’s residence for the year prior to the year in which he or she first qualifies and applies for the Exemption (plus the EAV of improvements since such year). For assessment year 2006, the amount of the exemption phases out as the amount of household income increases. The amount of the exemption is calculated by using the same formula as above, and then multiplying the resulting value by a ratio that varies according to household income.

Another exemption available to disabled veterans operates annually to exempt up to $70,000 of the EAV of property owned

and used exclusively by such veterans or their spouses for residential purposes. However, individuals claiming exemption under the Disabled Persons’ Homestead Exemption (“Disabled Persons’ Homestead Exemption”) or the Disabled Veterans Standard Homestead Exemption (“Disabled Veterans Standard Homestead Exemption”) cannot claim the aforementioned exemption. Also, certain property is exempt from taxation on the basis of ownership and/or use, such as public parks, not-for-profit schools and public schools, churches, and not-for-profit hospitals and public hospitals.

Furthermore, beginning with assessment year 2007, the Disabled Persons’ Homestead Exemption provides an annual

homestead exemption in the amount of $2,000 for property that is owned and occupied by certain persons with a disability. However, individuals claiming exemption as a disabled veteran or claiming exemption under the Disabled Veterans Standard Homestead Exemption cannot claim the aforementioned exemption.

In addition, the Disabled Veterans Standard Homestead Exemption provides disabled veterans an annual homestead

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exemption starting with assessment year 2007 and thereafter. Specifically, (i) those veterans with a service-connected disability of 75% are granted an exemption of $5,000 and (ii) those veterans with a service-connected disability of less than 75%, but at least 50% are granted an exemption of $2,500. Furthermore, the veteran’s surviving spouse is entitled to the benefit of the exemption, provided that the spouse has legal or beneficial title of the homestead, resides permanently on the homestead and does not remarry. However, individuals claiming exemption as a disabled veteran or claiming exemption under the Disabled Persons’ Homestead Exemption cannot claim the aforementioned exemption.

Beginning with assessment year 2007, the Returning Veterans’ Homestead Exemption (“Returning Veterans’ Homestead

Exemption”) is available for property owned and occupied as the principal residence of a veteran in the assessment year the veteran returns from an armed conflict while on active duty in the United States armed forces. This provision grants a homestead exemption of $5,000, which is applicable in all counties. In order to apply for this exemption, the individual must pay real estate taxes on the property, own the property or have either a legal or an equitable interest in the property, subject to some limitations. Those individuals eligible for this exemption may claim the exemption in addition to other homestead exemptions, unless otherwise noted.

Property Tax Extension Limitation Law

The Property Tax Extension Limitation Law, as amended (the “Limitation Law”), limits the annual growth in the amount of

property taxes to be extended for certain Illinois non-home-rule units. In general, the annual growth permitted under the Limitation Law is the lesser of 5% or the percentage increase in the Consumer Price Index during the calendar year preceding the levy year. Taxes can also be increased due to new construction, referendum approval of tax rate increases, mergers and consolidations.

The effect of the Limitation Law is to limit the amount of property taxes that can be extended for a taxing body. In addition,

general obligation bonds, notes and installment contracts payable from ad valorem taxes unlimited as to rate and amount cannot be issued by the affected taxing bodies unless they are approved by referendum, are alternate bonds or are for certain refunding purposes.

Home rule units, including the Village, are exempt from the limitations contained in the Limitation Law.

Truth in Taxation Law

Legislation known as the Truth in Taxation Law (the “Law”) limits the aggregate amount of certain taxes which can be levied by, and extended for, a taxing Village to 105% of the amount of taxes extended in the preceding year unless specified notice, hearing and certification requirements are met by the taxing body. The express purpose of the Law is to require published disclosure of, and hearing upon, an intention to adopt a levy in excess of the specified levels. The provisions of the Law do not apply to levies made to pay principal of and interest on the Bonds. The Village covenanted in the Ordinance that it will not take any action which would adversely affect the levy, extension, collection and application of the taxes levied by the Village for payment of principal of and interest on the Bonds. The Village also covenanted that it will comply with all present and future laws concerning the levy, extension and collection of such taxes levied by the Village. Draf

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Equalized Assessed Valuations

The following table represents the Equalized Assessed Value for the Village by category for the levy years 2008 through 2012.

Equalized Assessed Valuation by Category

2008 2009 2010 2011 2012 Residential ........................... $ 768,055,888 $ 790,703,227 $ 748,097,856 $ 700,657,817 $ 645,685,646 Commercial ......................... 120,267,641 132,681,817 132,123,809 126,530,094 124,345,342 Industrial .............................. 8,426,867 8,887,396 8,779,509 8,573,857 8,468,446 Farm ..................................... 1,015,643 1,011,885 874,234 916,416 959,934 Railroad ............................... 36,893 30,693 30,708 30,708 30,738

Total EAV ...................... $ 897,802,932 $ 933,315,018 $ 889,906,116 $ 836,708,892 $ 779,490,106 Estimated Market Value ...... $2,693,408,796 $2,799,945,054 $2,669,718,348 $2,510,126,676 $2,338,470,318 Percent Change .................... 7.5% (2) 4.0% (4.7%) (6.0%) (6.8%) EAV Per Capita (1) ............... $ 25,679 Market Value Per Capita (1) . $ 77,037

_____________ (1) Based on the Village’s 2010 census population of 30,355. (2) Based on the Village’s 2007 EAV of $835,403,862. Source: The County Clerk’s Office. Property Tax Rates

The Village’s property tax rates expressed as a dollar for each $100 of EAV, for tax levy years 2008 through 2012.

Direct Property Tax Rates (Per $100 Equalized Assessed Valuation) 2008 2009 2010 2011 2012 Corporate .................................. $0.0084 $0.0079 $0.0081 $0.0000 $0.0000 IMRF ........................................ 0.0317 0.0259 0.0246 0.0228 0.0205 Police Pension .......................... 0.0992 0.1062 0.1141 0.1225 0.1355

Total .................................... $0.1393 $0.1400 $0.1468 $0.1453 $0.1560 __________ Source: The County Clerk’s Office.

The Village’s property tax rates and those levied by other units of government expressed as a dollar for each $100 of EAV, for the tax levy years 2007 through 2011 are as follows:

Representative Tax Rates Per $100 Equalized Assessed Valuation

2007 2008 2009 2010 2011 Village of Oswego ............................. $0.1334 $0.1393 $0.1400 $0.1468 $0.1453 Kendall County .................................. 0.5595 0.5724 0.5734 0.6396 0.6999 Kendall County Forest Preserve ........ 0.1292 0.0966 0.0944 0.1041 0.1205 Oswego Township (1) ......................... 0.2421 0.2456 0.2404 0.2594 0.2671 Oswego School District #308 ............ 5.0600 5.0600 5.0600 5.8377 6.6573 Waubonsee Junior College #516 ....... 0.3924 0.3990 0.4037 0.4115 0.4702 Oswego Fire Protection District ......... 0.5772 0.5821 0.5731 0.6286 0.6713 Oswego Library District .................... 0.2012 0.2031 0.2012 0.2206 0.2450 Oswego Park District ......................... 0.3896 0.3880 0.3594 0.3830 0.4117

Total Representative Tax Rate ......................... $7.6847 $7.6861 $7.6456 $8.6313 $9.6882

____________ (1) Includes Township and Township Road District. Source: The County Clerk’s Office.

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Principal Taxpayers

The top ten taxpayers of the Village and 2011 Equalized Assessed Value are as follows:

Principal Taxpayers

Taxpayer

2011 Equalized Assessed

Valuation (1)

Percent of the Village’s

2011 EAV (2) Inland Western Oswego Douglas ....................................................... $ 6,546,728 0.78% Farmington Lake, LLC ....................................................................... 4,626,585 0.55 VS Oswego LLC ................................................................................ 4,116,930 0.49 Meijer Stores LTD Partnership .......................................................... 4,089,884 0.49 Inland Western Oswego Gerry Centenial, LLC ................................. 3,814,105 0.46 Wal-Mart Real Estate Business Trust ................................................. 3,771,956 0.45 Lowes Home Centers (3) ..................................................................... 3,220,862 0.38 Target Corporation ............................................................................. 2,593,935 0.31 Home Depot USA .............................................................................. 2,462,707 0.29 Jewel Food Stores, Inc........................................................................ 2,284,799 0.27

Total .............................................................................................. $ 37,528,491 4.49% ____________ (1) Equalized Assessed Value (EAV) is approximately 1/3 of market value. (2) Based on the Village’s 2011 EAV of $836,708,892. (3) Lowes closed on October 16, 2011. Source: The County Clerk’s office. Tax Extensions and Collections

A tax rate based on the total assessed valuation of the Village is established annually. The county treasurer is responsible for collecting local property taxes and distributing to the Village its share of the tax revenues as they are collected. Property tax bills are sent at the end of April.

The bills contain two installment dates set at June 1 and September 1. Delinquent taxpayers are first notified in the latter part

of October. In the first part of December a tax sale is held to recover such delinquent taxes (detailed procedures covering the sale of property for delinquent taxes are prescribed in Division 4 of Article 21 of the Property Tax Code (35 ILCS 200/1-1 et seq.)

If no tax sale is made, taxes on real estate, which are delinquent for two years or more can be offered for sale at the “scavenger” sale. The bidding at the scavenger sale is in ascending fixed dollar amounts and the highest bid is in satisfaction of the full among of all delinquent taxes.

The County Assessors reassess each township every four years with 2011 being the most recent quadrennial year. The following table sets forth the Village’s taxes levied and collected for the last five levy years and the levy for the current

year.

Tax Levy and Collections

Levy Year

Collection Year

Taxes Levied

Taxes Collected

Percent Collected

2007 2008 $1,116,935 $1,117,007 100.01% 2008 2009 1,249,762 1,249,136 99.95 2009 2010 1,306,268 1,303,052 99.75 2010 2011 1,306,077 1,306,074 100.00 2011 2012 1,216,072 1,214,730 99.89 2012 2013 1,216,000 (In Process of Collection)

____________ Source: The Village.

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The following table provides the Village’s 1% municipal portion of the retailer’s occupation, service occupation and use tax collected from the State for the last five fiscal years.

Sales Tax Receipts

Fiscal Year State Sales Tax Receipts 2008 $4,351,326 2009 4,082,571 2010 4,473,374 2011 4,892,537 2012 5,183,713

____________ Source: Illinois Department of Revenue.

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VILLAGE DEBT Debt Limitation

The Village has no general obligation debt limitation because it is a home rule unit of government under Article VII of the 1970 Illinois Constitution. The Board has the option to pass an ordinance to set a debt limit for the amount of general obligation bonds outstanding. As of this date, it has not done so. Debt Amortization

The table that follows presents information as to the retirement of the Village’s outstanding general obligation bonded debt prior to the issuance of the Bonds and the refunding of the Refunded Bonds. All of the general obligation bonded debt principal is anticipated to be abated from various revenue sources.

Fiscal Year

April 302006A Bonds

2006B Bonds

2007A Bonds

2007B Bonds

2009 Bonds

2011 Bonds

2012 Bonds

TotalPrincipal

CumulativeAmount

RetirementPercent

2014 $450,000 $100,000 $150,000 $250,000 $550,000 $285,000 $300,000 $2,085,000 $2,085,000 6.76%2015 $475,000 $115,000 $150,000 $250,000 $570,000 $290,000 $315,000 $2,165,000 $4,250,000 13.79%2016 $500,000 $125,000 $150,000 $265,000 $595,000 $300,000 $320,000 $2,255,000 $6,505,000 21.10%2017 $500,000 $125,000 $160,000 $275,000 $620,000 $310,000 $330,000 $2,320,000 $8,825,000 28.62%2018 $525,000 $125,000 $165,000 $285,000 $595,000 $310,000 $340,000 $2,345,000 $11,170,000 36.23%2019 $550,000 $125,000 $175,000 $300,000 $325,000 $325,000 $355,000 $2,155,000 $13,325,000 43.22%2020 $575,000 $125,000 $175,000 $310,000 $340,000 $340,000 $365,000 $2,230,000 $15,555,000 50.45%2021 $600,000 $145,000 $185,000 $325,000 $360,000 $350,000 $1,965,000 $17,520,000 56.83%2022 $625,000 $200,000 $325,000 $380,000 $360,000 $1,890,000 $19,410,000 62.96%2023 $650,000 $200,000 $350,000 $400,000 $385,000 $1,985,000 $21,395,000 69.40%2024 $675,000 $210,000 $360,000 $420,000 $390,000 $2,055,000 $23,450,000 76.06%2025 $700,000 $225,000 $375,000 $445,000 $390,000 $2,135,000 $25,585,000 82.99%2026 $700,000 $225,000 $390,000 $470,000 $1,785,000 $27,370,000 88.78%2027 $235,000 $400,000 $495,000 $1,130,000 $28,500,000 92.44%2028 $245,000 $425,000 $520,000 $1,190,000 $29,690,000 96.30%2029 $555,000 $555,000 $30,245,000 98.10%2030 $585,000 $585,000 $30,830,000 100.00%

$7,525,000 $985,000 $2,850,000 $4,885,000 $8,225,000 $4,035,000 $2,325,000 $30,830,000

Per Capita Direct Debt (1) .......................................................................................... $1,015.65 Percent of Direct Debt to 2012 EAV (2) ..................................................................... 3.96% Percent of Direct Debt to 2012 Estimated Market Value (3) ...................................... 1.32%

____________ (1) Based on the Village’s 2010 Census population of 30,355. (2) Based on the Village’s 2012 EAV of $779,490,106. (3) Based on the Village’s estimated 2012 Estimated Market Value of $2,338,470,318. Source: The Village.

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Overlapping General Obligation Bonded Debt (1)

Applicable to Village Issuer Outstanding Debt Percent (2) Amount Kendall County (3) ..........................................................Kendall County Forest Preserve ....................................Oswegoland Park District ..............................................Oswego Public Library District .....................................Unit School District #115 ..............................................Unit School District #308 ..............................................Community College District #516 ................................. Total ........................................................................

$ 40,808,762 48,590,000 6,425,000 8,350,000 88,059,154 381,401,884 72,162,893

28.68% 28.68 62.34 50.99

2.05 45.07

9.20

$11,703,953 13,935,612 4,005,345 4,257,665 1,805,213 171,897,829 6,638,986 $214,244,603

Per Capita Overlapping Debt (4) ........................................................................................................ Percent of Overlapping Debt to 2012 EAV (5) .................................................................................. Percent of Overlapping Debt to estimated 2012 Market Value (6) ....................................................

$7,057.97 27.49% 9.16%

Total Direct and Overlapping Bonded Debt: .........................................................................

Per Capita Direct and Overlapping Debt (4) ...................................................................................... Percent of Direct and Overlapping Debt to 2012 EAV (5) ................................................................. Percent of Direct and Overlapping Debt to estimated 2012 Market Value (6) ...................................

$245,074,603

$8,073.62 31.44% 10.48%

____________ (1) Overlapping debt as of October 2, 2012. (2) Percentages are based on 2011 EAVs. (3) Includes Public Building Commission. (4) Based on the Village’s 2010 Census population of 30,355. (5) Based on the Village’s 2012 EAV of $779,490,106. (6) Based on the Village’s estimated 2012 Estimated Market Value of $2,338,470,318. Source: The County Clerk’s Office.

Future Financing

The Village does not anticipate any future borrowings in the next year.

Short Term Borrowings

The Village does not utilize short term borrowings. Payment Record

The Village has always paid principal and interest promptly when due on its general obligation bonds.

LABOR CONTRACTS

The Village is authorized to employ 110 people including 59 members in the police department. The police patrol officers

unionized in 2008 and the public works employees unionized in 2011. Both contracts are still outstanding. Listed below are the unions to which 53 of the full-time employees are members.

Union Numbers of Members Contract Expires

Metropolitan Alliance of Police Chapter 516 ..............Local 150 Operating Engineers ................................... Total ........................................................................

37 16 53

May 1, 2013 (1)

April 30, 2015

____________ (1) In process of negotiation. Source: The Village.

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EMPLOYEE RETIREMENT SYSTEMS (1)

The Village contributes to two defined benefit pension plans, the Illinois Municipal Retirement Fund (“IMRF”), an agent

multiple-employer public employee retirement system and the Police Pension Plan which is a single-employer pension plan. The benefits, benefit levels, employee contributions and employer contributions for plans are governed by Illinois Compiled Statutes (“ILCS”) and can only be amended by the Illinois General Assembly. None of the pension plans issue separate reports on the pension plans. However, IMRF does issue a publicly available report that includes financial statements and supplementary information for the plan as a whole, but not for individual employers. That report can be obtained from IMRF, 2211 York Road, Suite 500, Oak Brook, Illinois 60523. Plan Descriptions

Illinois Municipal Retirement Fund

All employees (other than those covered by the Police Pension Plan) hired in positions that meet or exceed the prescribed annual hourly standard must be enrolled in IMRF as participating members. IMRF provides two tiers of pension benefits. Employees hired prior to January 1, 2011, are eligible for Tier 1 benefits. For Tier 1 employees, pension benefits vest after eight years of service. Participating members who retire at age 55 (reduced benefits) or after age 60 (full benefits) with eight years of credited service are entitled to an annual retirement benefit, payable monthly for life, in an amount equal to 1 2/3% of their final rate of earnings, for each year of credited service up to 15 years, and 2% for each year thereafter.

Employees hired on or after January 1, 2011, are eligible for Tier 2 benefits. For Tier 2 employees, pension benefits vest after

ten years of service. Participating members who retire at age 62 (reduced benefits) or after age 67 (full benefits) with ten years of credited service are entitled to an annual retirement benefit, payable monthly for life, in an amount equal to 1 2/3% of their final rate of earnings, for each year of credited service up to 15 years, and 2% for each year thereafter.

IMRF also provides death and disability benefits. These benefit provisions and all other requirements are established by state

statute. Participating members are required to contribute 4.5% of their annual salary to IMRF. The Village is required to contribute the remaining amounts necessary to fund the IMRF as specified by statute. The employer contribution for the calendar years 2012 and 2011 was 11.24% and 10.76% of covered payroll, respectively.

Police Pension Plan

Police sworn personnel are covered by the Police Pension Plan. Although this is a single-employer pension plan, the defined benefits and employee and employer contribution levels are governed by ILCS (40 ILCS 5/3-1) and may be amended only by the Illinois legislature. The Village accounts for the plan as a Pension Trust Fund. At April 30, 2012, the Police Pension Plan membership consisted of:

Retirees and Beneficiaries Currently Receiving Benefits ................................................................ 8 Terminated Employees Entitled to Benefits but Not Yet Receiving Them ..................................... - Current Employees Vested ..................................................................................................................................... 30 Nonvested ............................................................................................................................... 19

Total .............................................................................................................................................. 57 The Police Pension Plan provides retirement benefits through two tiers of benefits as well as death and disability benefits.

Tier 1 employees (those hired prior to January 1, 2011) attaining the age of 50 or older with 20 or more years of creditable service are entitled to receive an annual retirement benefit equal to one-half of the salary attached to the rank held on the last day of service, or for one year prior to the last day, whichever is greater. The annual benefit shall be increased by 2.5% of such salary for each additional year of service over 20 years up to 30 years to a maximum of 75.0% of such salary. Employees with at least eight years but less than 20 years of credited service may retire at or after age 60 and receive a reduced benefit. The monthly benefit of a police officer who retired with 20 or more years of service after January 1, 1977 shall be increased annually, following the first anniversary date of retirement and be paid upon reaching the age of at least 55 years, by 3.0% of the original pension and 3.0% compounded annually thereafter.

(1) Source: The Village’s Comprehensive Annual Financial Report for fiscal year ended April 30, 2012.

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Tier 2 employees (those hired on or after January 1, 2011) attaining the age of 55 or older with ten or more years of creditable service are entitled to receive an annual retirement benefit equal to the average monthly salary obtained by dividing the total salary of the police officer during the 96 consecutive months of service within the last 120 months of service in which the total salary was the highest by the number of months of service in that period. Police officers’ salary for pension purposes is capped at $106,800, plus the lesser of ½ of the annual change in the Consumer Price Index (“CPI”) or 3.0% compounded. The annual benefit shall be increased by 2.5% of such salary for each additional year of service over 20 years up to 30 years to a maximum of 75.0% of such salary. Employees with at least ten years may retire at or after age 50 and receive a reduced benefit (i.e. ½% for each month under 55). The monthly benefit of a Tier 2 police officer shall be increased annually at age 60 on the January 1st after the police officer retires, or the first anniversary of the pension starting date, whichever is later. Noncompounding increases occur annually, each January thereafter. The increase is the lesser of 3.0% or ½ of the change in the CPI for the proceeding calendar year.

Employees are required by ILCS to contribute 9.91% of their base salary to the Police Pension Plan. If an employee leaves

covered employment with less than 20 years of service, accumulated employee contributions may be refunded without accumulated interest. Benefits and refunds are recognized when due and payable in accordance with the terms of the Police Pension Plan. The costs of administering the Police Pension Plan are financed through investment earnings. The Village is required to contribute the remaining amounts necessary to finance the plan, including the costs of administering the plan, as actuarially determined by an enrolled actuary. Effective January 1, 2011, the Village has until year 2040 to fully fund 90% of the past service cost for the Police Pension Plan. For the year ended April 30, 2012, the Village’s contribution was 25.62% of covered payroll.

Significant Investments

Significant investments are defined as investments in any one organization that represents 5.0% or more of plan assets for the

Police Pension Plan (other than U.S. Government guaranteed obligations). At April 30, 2012, the Police Pension Plan had two separate annuity contracts and two mutual funds that were valued at 6.56%, 6.45%, 5.72% and 5.20% of the total plan net assets. Information for IMRF is not available.

Annual Pension Costs

The annual pension cost (“APC”) and the net pension obligation (asset) (“NPO”) as of April 30, 2012 were derived from the

actuarial valuations performed as of the dates and using the assumptions noted below:

Illinois Municipal Retirement

Police Pension

Actuarial Valuation Date December 31, 2011 April 30, 2011 Actuarial Cost Method Entry-Age Normal Entry-Age Normal Asset Valuation Method 5 Year Smoothed Market Market Amortization Method Level Percentage of

Payroll Level Percentage of

Payroll Amortization Period 30 Years, Open 22 Years, Closed Significant Actuarial Assumptions (a) Rate of Return on Present and Future

Assets 7.50%

Compounded Annually 7.00%

Compounded Annually

(b) Projected Salary Increases - Attributable to Inflation

4.00% Compounded Annually

5.50% Compounded Annually

(c) Additional Projected Salary Increases – Seniority/Merit

0.40% to 10.00% 3.00%

(d) Postretirement Benefit Increases 3.00% 3.00%

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Employer APC, actual contributions and the NPO are as follows. The NPO (asset) is the cumulative difference between the APC and the contributions actually made.

Calendar Year

Illinois Municipal Retirement

Police Pension

Annual Pension Cost (APC) 2009 $335,255 $766,324

2010 334,997 903,449 2011 327,250 1,003,100

2012 329,695 1,015,731 Actual Contribution 2009 $335,255 $752,748 2010 334,997 890,070 2011 327,250 990,650 2012 329,695 1,015,000 Percentage of APC Contributed 2009 100.00% 98.2%

2010 100.00% 98.5% 2011 100.00% 98.8%

2012 100.00% 99.9% NPO (Asset) 2009 - $651,726

2010 - 665,105 2011 - 677,555

2012 - 678,286

The NPO has been calculated as follows as of April 30, 2012: Police Pension

Annual Required Contribution ........................................................................................ $1,003,047 Interest on the NPO ................................................................................................................ 47,429 Adjustments to Annual Required Contribution ................................................................... (34,745) Annual Pension Cost (APC) .............................................................................................. 1,015,731 Contributions Made ........................................................................................................... 1,015,000 Increase in the NPO .................................................................................................................... 731 NPO, May 1 ......................................................................................................................... 677,555 NPO, April 30 .................................................................................................................... $678,286 Funded Status

The funded status of the plans as of April 30, 2012, based on actuarial valuations performed as of December 31, 2011 and

April 30, 2012, is as follows. The actuarial assumptions used to determine the funded status of the plan are the same actuarial assumptions used to determine the employer annual pension costs of the plan as disclosed herein.

See schedules of funding progress in the tables below:

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Statement of Funding Progress Illinois Municipal Retirement Fund

Actuarial Valuation Date December 31,

Actuarial Value of Assets

Actuarial Accrued Liability (AAL)

Entry-Age Funded Ratio

Unfunded (Overfunded)

AAL (UAAL)/(OAAL)

Covered Payroll

UAAL/(OAAL) as a Percentage

of Covered Payroll

2007 $3,998,511 $4,591,455 87.09% $ 592,944 $3,222,464 18.40% 2008 4,039,923 5,094,827 79.29 1,054,904 3,551,455 29.70 2009 4,398,752 5,902,682 74.52 1,503,930 3,545,482 42.42 2010 4,940,793 6,624,843 74.58 1,684,050 3,256,272 51.72 2011 5,117,962 6,749,795 75.82 1,631,833 3,064,080 53.26

Statement of Funding Progress

Police Pension Fund

Actuarial Valuation Date

April 30,

Actuarial Value of Assets

Actuarial Accrued Liability (AAL)

Entry-Age Funded Ratio

Unfunded AAL (UAAL)

Covered Payroll

UAAL as a Percentage of

Covered Payroll 2008 $7,998,615 $13,722,687 58.29% $5,724,072 $3,551,158 161.19% 2009 7,990,525 15,480,858 51.62 7,490,333 3,678,626 203.62 2010 10,528,232 17,828,835 59.05 7,300,603 3,717,257 196.40 2011 13,027,639 20,096,454 64.83 7,068,815 3,815,936 185.24 2012 14,638,061 22,066,568 66.34 7,428,507 3,962,251 187.48

OTHER POST EMPLOYEE BENEFITS (1)

Plan Description

In addition to providing the pension benefits described, the Village provides postemployment health care benefits (“OPEB”)

for retired employees through a single-employer defined benefit plan. The benefits, benefit levels, employee contributions and any employer contributions are governed by ILCS and by the Village. The plan is not accounted for as a trust fund, as an irrevocable trust has not been established to account for the plan. The plan does not issue a separate report. The activity of the plan is reported in the Village’s Water and Sewer Fund and Governmental Activities.

Benefits Provided

The Village provides OPEB to its retirees. To be eligible for benefits, an employee must qualify for retirement under one of

the Village’s retirement plans or meet COBRA requirements. All health care benefits are provided through the Village’s third party indemnity health plan. The benefit levels are the same

as those afforded to active employees. Benefits include general inpatient and outpatient medical services; mental, nervous and substance abuse care; vision care; dental care; and prescriptions. Eligibility in Village sponsored health care plans may be continued at a separate premium upon eligibility for federally sponsored health care benefits. (1) Source: The Village’s Comprehensive Annual Financial Report for fiscal year ended April 30, 2012. Membership

At April 30, 2010, membership consisted of:

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Retirees and Beneficiaries Currently Receiving Benefits ................................................................ 5 Terminated Employees Entitled to Benefits but Not Yet Receiving Them ..................................... - Active Plan Members -Vested ....................................................................................................... 62 Active Plan Members - Nonvested ................................................................................................ 61 Total ............................................................................................................................................ 128

Participating Employers ................................................................................................................... 1

Funding Policy

The Village provides the contribution percentages between the Village and employees through the union contracts and

personnel policy. All retirees contribute 100% of the premium to the plan to cover the cost of providing the benefits to the retirees via the plan (pay as you go) which results in an implicit subsidy to the Village as defined by the GASB Statement No. 45. For the fiscal year ended April 30, 2012, the Village contributed $18,197. The Village is not required to and currently does not advance fund the cost of benefits that will become due and payable in the future. Active employees do not contribute to the plan until retirement. Annual OPEB Costs and Net OPEB Obligation

The Village’s annual OPEB cost, the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation

for the last three years was as follows:

Fiscal Year Ended

Annual

OPEB Cost Employer

Contributions

Percentage of Annual OPEB

Cost Contributed Net OPEB Obligation

April 30, 2010 $32,300 $18,197 56.3% $14,103 April 30, 2011 32,442 18,197 56.1% 28,348 April 30, 2012 32,679 18,197 55.7% 42,830

The net OPEB obligation (“NOPEBO”) as of April 30, 2012 was calculated as follows: ARC ..................................................................................................................................... $32,207 Interest on the Net OPEB Obligation ....................................................................................... 1,417 Adjustments to ARC ................................................................................................................ (945) Annual OPEB Cost ................................................................................................................ 32,679 Contributions Made ................................................................................................................ 18,197 Increase in the Net OPEB Obligation ..................................................................................... 14,482 Net OPEB Obligation, Beginning of Year ............................................................................. 28,348 Net OPEB Obligation, End of Year ..................................................................................... $42,830

The funded status of the plan as of April 30, 2010 was as follows:

Actuarial Accrued Liability (AAL) $361,933 Actuarial Value of Plan Assets - Unfunded Actuarial Accrued Liability (UAAL) 361,933 Funded Ratio (Actuarial Value of Plan Assets/AAL) 0.0% Covered Payroll (Active Plan Members) $6,659,050 UAAL as a Percentage of Covered Payroll 5.4%

Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the

probability of occurrence of events far into the future. Examples include assumptions about future employment, mortality and the healthcare cost trend. Amounts determined regarding the funded status of the plan and the annual required contributions of the

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employer are subject to continual revision as actual results are compared with past exceptions and new estimates are made about the future.

Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the

employer and plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations.

In the April 30, 2010 actuarial valuation, the entry-age actuarial cost method was used. The actuarial assumptions included a

5.0% investment rate of return (net of administrative expenses), 5.0% salary increase and an initial healthcare cost trend rate of 8.0% with an ultimate rate of 6.0%, which include a 3.0% inflation assumption. The actuarial value of assets was not determined as the Village has not advance funded its obligation. The plan’s UAAL is being amortized as a level percentage of projected payroll on an open basis. The remaining amortization period at April 30, 2010 was 30 years.

ECONOMIC PROFILE

Employment

According to the 2007-2011 American Community Survey by the U.S. Census Bureau, Village residents have a wide variety of occupations. The following table categorizes occupations for the employed residents 16 years of age and older for the Village, the County and the State of Illinois (the “State”).

Occupational Categories

Occupational Category The Village The County The State Management, business, science, and arts occupations ...................Service occupations ........................................................................Sales and office occupations ..........................................................Natural resources, construction, and maintenance occupations .....Production, transportation, and material moving occupations ........

Totals ........................................................................................

47.8% 11.1 26.1

5.8 9.2

100.0%

38.9% 13.1 26.6

9.2 12.1

100.0%

35.9% 16.7 25.6

7.9 14.0

100.0% ____________ Source: U.S. Census Bureau, 2007-2011 American Community Survey 5-year estimates. Draf

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According to the 2007-2011 American Community Survey by the U.S. Census Bureau, Village residents work in a variety of industries. The following table categorizes the respective industries that employ residents (16 years of age and older) of the Village, the County and the State.

Industry Categories

Industry Category

The Village

The County

The State

Agriculture, forestry, fishing and hunting, and mining ..................................................... Construction ...................................................................................................................... Manufacturing ................................................................................................................... Wholesale trade ................................................................................................................ Retail trade ........................................................................................................................ Transportation and warehousing, and utilities .................................................................. Information ....................................................................................................................... Finance, insurance, real estate, and rental and leasing ...................................................... Professional, scientific, management, administrative, and waste management services ... Educational services, health care and social assistance .................................................... Arts, entertainment, recreation, accommodation and food services .................................. Other services (except public administration) ................................................................... Public administration ........................................................................................................ Total ...........................................................................................................................

0.4% 5.3

11.3 1.7

12.1 6.9 2.4 7.9

13.3 25.1

6.8 2.7

4.1 100.0%

0.6% 7.0

13.5 3.2

11.9 6.4 2.5 8.8

10.5 20.4

7.0 3.8

4.4 100.0%

1.1% 5.7

12.8 3.3

10.9 5.9 2.2 7.7

11.0 22.1 8.7 4.8

3.9 100.0%

Source: U.S. Census Bureau, 2007-2011 American Community Survey 5-year estimates.

The following table reflects the diversity of the major employers in the Village by the products manufactured or services

performed and the approximate number of employees.

Representative Large Employers

Employer

Product/Service

Number of Employees

Oswego Community Unit School District #308 ...... Education ....................................... 1,631 Wal-Mart Stores, Inc ............................................... Discount Retailer ........................... 450 Jewel/Osco .............................................................. Grocery Store................................. 425 Meijer Corporation .................................................. Discount Retailer ........................... 425 Dominick’s Fresh Foods, Inc .................................. Grocery Store................................. 250 Target Corporation .................................................. Discount Retailer ........................... 250 Home Depot USA ................................................... Home Improvement Store .............. 250 Kohl’s ...................................................................... Department Store ........................... 225 Coldwell Banker ...................................................... Realtors .......................................... 225 Radiac Abrasives, Inc .............................................. Diamond Grinding Wheels ............ 150 GMRI, Inc. .............................................................. Olive Garden Restaurant ............... 100

____________ Sources: Phone canvass of employers and 2013 Illinois Services and Manufacturers Directories.

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The following table sets forth the rates of unemployment for the Village, the County and the State for the last five calendar years and the most recent month available.

Comparative Unemployment Rates

Year The Village The County The State 2008 5.0% 5.8% 6.4% 2009 8.8 10.0 10.0 2010 8.9 9.5 10.4 2011 8.0 8.6 9.7 2012 7.7 7.8 8.9 2013 (1) 8.8 9.7 10.5

____________ (1) As of February 2013. Source: State of Illinois, Department of Employment Security, Economic Information and Analysis. Education

Educational services are provided by Oswego Community Unit School District Number 308 with one early learning center,

13 elementary schools, four junior high schools and two high schools and Waubonsee Community College District Number 516 with facilities in Aurora, Sugar Grove and its Copley campus. Additional higher education opportunities are available throughout the Chicago metropolitan area.

The educational background of Village residents as compared to the County and the State is illustrated in the following table.

Education Levels For Persons 25 Years of Age and Older

Educational Attainment The Village The County The State Less than 9th grade ....................................... 1.8% 3.5% 5.8% 9th or 12th grade, no diploma ....................... 2.8 4.4 7.5 High school graduate .................................... 19.2 25.0 27.6 Some college, no degree ............................... 25.1 24.5 21.1 Associate degree ........................................... 8.4 8.9 7.3 Bachelor's degree .......................................... 27.6 22.5 19.1 Graduate or professional degree ................... 15.1 11.2 11.6 Percent high school graduate or higher ......... 95.4 92.1 86.6 Percent bachelor's degree or higher .............. 42.7 33.7 30.7

____________ Source: U.S. Census Bureau, 2007-2011 American Community Survey 5-year estimates. Draf

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Housing and Construction

The 2007-2011 American Community Survey by the U.S. Census Bureau reports that the median home value in the Village was $258,400, with 78.4% of the homes valued over $200,000 and 88.3% of the housing units being owner-occupied. Selected home value data relative to values of owner-occupied housing units in the Village compared to the County and the State are provided in the table below.

Median Home Values

Value of Specified Owner-Occupied Units

The Village

The County

The State

Under 50,000 .................................. 0.8% 1.0% 6.7% $50,000 to $99,999 ......................... 1.3 2.5 13.8 $100,000 to $149,999 ..................... 4.3 8.3 14.2 $150,000 to $199,999 ..................... 15.1 21.6 15.8 $200,000 to $299,999 ..................... 45.6 38.4 22.1 $300,000 to $499,999 ..................... 31.4 23.5 18.7 $500,000 to $999,999 ..................... 0.8 4.1 7.2 $1,000,000 or more ........................ 0.6 0.6 1.6 Median Home Value ...................... $258,400 $239,300 $198,500


A history of building permits in the Village for the last five calendar years is detailed in the table below.

Building Permits

_______ Source: The Village.

Calendar Year

No. of Units Value

No. of Units Value

Industrial/ Commercial All Other Total Value

2008 107 $18,466,917 55 $6,092,510 $7,193,664 $25,605,050 $1,280,133 $58,638,2742009 76 $13,103,982 42 $4,651,719 $5,585,078 $6,810,100 $1,127,297 $31,278,1762010 80 $12,046,805 16 $1,919,364 $4,670,165 $4,630,030 $746,777 $24,013,1412011 88 $12,599,321 24 $2,746,190 $4,576,954 $5,693,108 $1,212,334 $26,827,9072012 112 $15,740,883 13 $57,162 $4,330,650 $2,863,490 $1,355,279 $24,347,464

New Single Family New Multiple FamilyResidential

Residential Additions / Alterations

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Income

The following table sets forth the distribution of household income derived from the 2007-2011 American Community Survey by the U.S. Census Bureau for the Village compared with the County and the State.

Household Income

Household Income The Village The County The State Under 10,000 ........................... 1.8% 1.9% 6.8% $10,000 to $14,999 .................. 0.9 1.3 4.7 $15,000 to $24,999 .................. 3.7 4.6 10.1 $25,000 to $34,999 .................. 3.6 5.3 9.7 $35,000 to $49,999 .................. 8.7 10.7 13.2 $50,000 to $74,999 .................. 18.5 20.6 18.5 $75,000 to $99,999 .................. 17.0 17.8 13.2 $100,000 to $149,999 .............. 29.1 25.4 13.7 $150,000 to $199,999 .............. 10.8 7.8 5.1 $200,000 or more .................... 5.8 4.6 5.0 Median Household Income ..... $93,588 $82,649 $56,576 Median Family Income ........... 102,809 90,696 69,658 Per Capita Income ................... 33,606 31,325 29,376


FINANCIAL INFORMATION

Budgeting

Village budgets are prepared utilizing several steps including review of the prior year’s budget by the Village Administrator,

Finance Director and individual Department heads, goal setting by staff and the Board, use of planning tools such as the five year Capital Staffing Plans and, finally, adoption by the Board of Trustees. All budgets expire at the end of the fiscal year.

Investment Policy

The Village’s investment policy authorizes the Village to make deposits/invest in insured commercial banks, savings and

loan institutions, obligations of the U.S. Treasury and U.S. Agencies, insured credit union shares, money market mutual funds with portfolios of securities issued or guaranteed by the United States or agreements to repurchase these same obligations, repurchase agreements, short-term commercial paper rated within the three highest classifications by at least two standard rating services and Illinois Funds.

The Police Pension Fund can invest in the same securities as the Village, plus the following: certain non-U.S. obligations

(corporate debt securities), Illinois municipal corporations tax anticipation warrants, veteran’s loans, obligations of the State of Illinois and its political subdivisions, Illinois insurance company general and separate accounts and equity mutual funds.

It is the policy of the Village to invest its funds in a manner which will provide the highest investment return with the

maximum security while meeting the daily cash flow demands of the Village and conforming to all state and local statutes governing the investment of public funds, using the “prudent person” standard for managing the overall portfolio. The primary objective of the policy is legality, safety (preservations of capital and protection of investment principal), liquidity and yield.

Financial Reports

The Village’s financial statements are audited annually by certified public accountants, The Village’s financial statements are

completed on a modified accrual basis of accounting consistent with generally accepted accounting principles applicable to governmental entities. See Appendix A for more detail.

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Summary of Financial Information The following tables are summaries and do not purport to be the complete audits, copies of which are available upon request.

General Fund

Financial Statements (1) Fiscal Years Ended April 30, 2008 Through 2012

____________ (1) The amounts shown for the years ended April 30, 2008 through 2012 are excerpts from the basic financial statements which have been

audited by a certified independent public account. The basic financial statements should be read in conjunction with other financial statements and notes thereto.

Source: The Village’s April 30, 2008 through 2012 audited financial statements.

2008 2009 2010 2011 2012Assets Cash and Investments 4,586,914$ 3,940,792$ 3,716,255$ 2,685,733$ 3,339,008$ Receivables Property Taxes 1,114,855 1,249,762 1,306,077 1,306,077 1,216,073 Accounts 559,340 173,302 223,231 186,825 158,726 Intergovernmental 1,615,706 1,748,861 2,287,003 2,531,597 3,336,287 Utility Tax 155,583 111,826 80,734 77,793 61,989 Accrued Interest 5,774 3,532 2,305 84 - Prepaid Items 222,328 138,924 160,365 154,338 88,206 Due from Other Funds 33,031 413 - - - Due from Fiduciary Funds 113,093 2,265 688 820 606

Total Assets 8,406,624$ 7,369,677$ 7,776,658$ 6,943,267$ 8,200,895$

Liabilities Accounts Payable 1,157,238$ 559,142$ 663,325$ 913,405$ 782,767$ Accrued Payroll 373,833 145,388 185,280 193,459 196,001 Due to Fiduciary Funds 40 - 430 - - Deferred Revenues 1,613,491 1,726,679 1,306,077 1,309,530 1,220,645 Total Liabilities 3,144,602 2,431,209 2,155,112 2,416,394 2,199,413

Fund Balances Reserved/Restricted/Nonspendable 222,328 138,924 160,365 154,338 88,206 Unreserved/Unrestricted 5,039,694 4,799,544 5,461,181 4,372,535 5,913,276 Total Fund Balances 5,262,022 4,938,468 5,621,546 4,526,873 6,001,482 Total Liabilities and Fund Balances 8,406,624$ 7,369,677$ 7,776,658$ 6,943,267$ 8,200,895$ Draf

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General Fund Income Statement (1)

Fiscal Years Ended April 30, 2008 Through 2012

____________ (1) The amounts shown for the years ended April 30, 2008 through 2012 are excerpts from the basic financial statements which have been

audited by a certified independent public account. The statement of revenues and expenditures should be read in conjunction with other financial statements and notes thereto.

Source: The Village’s April 30, 2008 through 2012 audited financial statements.

2008 2009 2010 2011 2012Revenues Taxes 7,511,202$ 7,837,057$ 8,666,599$ 10,572,142$ 11,434,714$ Licenses and Permits 1,762,818 944,023 759,162 741,030 807,046 Intergovernmental 67,287 118,881 66,846 69,672 83,602 Charges for Services 1,584,909 1,464,554 1,494,378 1,349,356 1,651,653 Fines and Forfeits 246,467 249,239 456,434 498,430 458,830 Investment Income 179,443 66,320 17,776 29,554 26,881 Miscellaneous 292,562 395,884 425,990 567,417 535,941

Total Revenues 11,644,688 11,075,958 11,887,185 13,827,601 14,998,667

Expenditures Current General Government 1,571,947$ 1,946,283$ 2,289,649$ 2,120,219$ 1,969,231$ Building and Zoning 1,000,940 783,117 692,072 573,687 602,123 Community Development 464,973 564,967 417,585 353,320 467,525 Public Safety 7,110,063 7,121,774 7,262,424 7,454,940 7,753,773 Public Works 1,367,463 1,438,984 1,223,875 980,614 1,176,395

Total Expenditures 11,515,386 11,855,125 11,885,605 11,482,780 11,969,047

Excess of Revenues Over (Under) Expenditures 129,302 (779,167) 1,580 2,344,821 3,029,620

Other Financing Sources (uses) Transfers In 382,146 439,217 412,979 - - Transfers Out (350,000) - (216,489) (3,442,196) (1,555,117) Proceeds From the Sale of Capital Assets 13,427 16,396 8,091 2,702 106

Total Other Financing Sources (uses) 45,573 455,613 204,581 (3,439,494) (1,555,011)

Net Change in Fund Balances 174,875 (323,554) 206,161 (1,094,673) 1,474,609

Fund Balances, May 1 5,003,264 5,262,022 4,938,468 5,621,546 4,526,873

Prior Period Adjustment 83,883 - 476,917 - -

Fund Balances, April 30 5,262,022$ 4,938,468$ 5,621,546$ 4,526,873$ 6,001,482$ Draft

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BOND RATING

Moody's Investors Service has assigned its rating of “___” to the Bonds. Such rating reflects only the views of such organization and explanations of the significance of such rating may be obtained from the rating agency furnishing the same. There is no assurance that such rating will continue for any given period of time or that it will not be revised downward or withdrawn entirely by such rating agency, if in the judgment of such rating agency circumstances so warrant. Any such downward revision or withdrawal of such rating may have an adverse effect on the market price of the Bonds.

TAX EXEMPTION

Federal tax law contains a number of requirements and restrictions which apply to the Bonds, including investment restrictions, periodic payments of arbitrage profits to the United States, requirements regarding the proper use of bond proceeds and the facilities financed therewith, and certain other matters. The Village has covenanted to comply with all requirements that must be satisfied in order for the interest on the Bonds to be excludable from gross income for federal income tax purposes. Failure to comply with certain of such covenants could cause interest on the Bonds to become includable in gross income for federal income tax purposes retroactively to the date of issuance of the Bonds.

Subject to the Village’s compliance with the above-referenced covenants, under present law, in the opinion of Bond

Counsel, interest on the Bonds is excludable from the gross income of the owners thereof for federal income tax purposes, and is not included as an item of tax preference in computing the federal alternative minimum tax for individuals and corporations, but interest on the Bonds is taken into account, however, in computing an adjustment used in determining the federal alternative minimum tax for certain corporations.

In rendering its opinion, Bond Counsel will rely upon certifications of the Village with respect to certain material facts

within the Village’s knowledge and upon the mathematical computation of the yield on the Bonds and the yield on certain investments by the Verification Agent. Bond Counsel’s opinion represents its legal judgment based upon its review of the law and the facts that it deems relevant to render such opinion and is not a guarantee of a result.

The Code, includes provisions for an alternative minimum tax (“AMT”) for corporations in addition to the corporate regular

tax in certain cases. The AMT depends upon the corporation’s alternative minimum taxable income (“AMTI”), which is the corporation’s taxable income with certain adjustments. One of the adjustment items used in computing the AMTI of a corporation (with certain exceptions) is an amount equal to 75% of the excess of such corporation’s “adjusted current earnings” over an amount equal to its AMTI (before such adjustment item and the alternative tax net operating loss deduction). “Adjusted current earnings” would include certain tax-exempt interest, including interest on the Bonds.

Ownership of the Bonds may result in collateral federal income tax consequences to certain taxpayers, including, without

limitation, corporations subject to the branch profits tax, financial institutions, certain insurance companies, certain S corporations, individual recipients of Social Security or Railroad Retirement benefits and taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations. Prospective purchasers of the Bonds should consult their tax advisors as to applicability of any such collateral consequences.

The issue price (the “Issue Price”) for each maturity of the Bonds is the price at which a substantial amount of such maturity

of the Bonds is first sold to the public. The Issue Price of a maturity of the Bonds may be different from the price set forth, or the price corresponding to the yield set forth, on the cover page hereof.

If the Issue Price of a maturity of the Bonds is less than the principal amount payable at maturity, the difference between the

Issue Price of each such maturity, if any, of the Bonds (the “OID Bonds”) and the principal amount payable at maturity is original issue discount.

For an investor who purchases an OID Bond in the initial public offering at the Issue Price for such maturity and who holds

such OID Bond to its stated maturity, subject to the condition that the Village complies with the covenants discussed above, (a) the full amount of original issue discount with respect to such OID Bond constitutes interest which is excludable from the gross income of the owner thereof for federal income tax purposes; (b) such owner will not realize taxable capital gain or market discount upon payment of such OID Bond at its stated maturity; (c) such original issue discount is not included as an item of tax preference in computing the alternative minimum tax for individuals and corporations under the Code, but is taken into account in computing an adjustment used in determining the federal alternative minimum tax for certain corporations under the Code, as described above; and (d) the accretion of original issue discount in each year may result in an alternative minimum tax liability

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for corporations or certain other collateral federal income tax consequences in each year even though a corresponding cash payment may not be received until a later year. Based upon the stated position of the Illinois Department of Revenue under Illinois income tax law, accreted original issue discount on such OID Bonds is subject to taxation as it accretes, even though there may not be a corresponding cash payment until a later year. Owners of OID Bonds should consult their own tax advisors with respect to the state and local tax consequences of original issue discount on such OID Bonds.

Owners of Bonds who dispose of Bonds prior to the stated maturity (whether by sale, redemption or otherwise), purchase

Bonds in the initial public offering, but at a price different from the Issue Price or purchase Bonds subsequent to the initial public offering should consult their own tax advisors.

If a Bond is purchased at any time for a price that is less than the Bond’s stated redemption price at maturity or, in the case

of an OID Bond, its Issue Price plus accreted original issue discount (the “Revised Issue Price”), the purchaser will be treated as having purchased a Bond with market discount subject to the market discount rules of the Code (unless a statutory de minimis rule applies). Accrued market discount is treated as taxable ordinary income and is recognized when a Bond is disposed of (to the extent such accrued discount does not exceed gain realized) or, at the purchaser’s election, as it accrues. Such treatment would apply to any purchaser who purchases an OID Bond for a price that is less than its Revised Issue Price. The applicability of the market discount rules may adversely affect the liquidity or secondary market price of such Bond. Purchasers should consult their own tax advisors regarding the potential implications of market discount with respect to the Bonds.

An investor may purchase a Bond at a price in excess of its stated principal amount. Such excess is characterized for federal

income tax purposes as “bond premium” and must be amortized by an investor on a constant yield basis over the remaining term of the Bond in a manner that takes into account potential call dates and call prices. An investor cannot deduct amortized bond premium relating to a tax-exempt bond. The amortized bond premium is treated as a reduction in the tax-exempt interest received. As bond premium is amortized, it reduces the investor’s basis in the Bond. Investors who purchase a Bond at a premium should consult their own tax advisors regarding the amortization of bond premium and its effect on the Bond’s basis for purposes of computing gain or loss in connection with the sale, exchange, redemption or early retirement of the Bond.

There are or may be pending in the Congress of the United States legislative proposals, including some that carry retroactive

effective dates, that, if enacted, could alter or amend the federal tax matters referred to above or affect the market value of the Bonds. It cannot be predicted whether or in what form any such proposal might be enacted or whether, if enacted, it would apply to bonds issued prior to enactment. Prospective purchasers of the Bonds should consult their own tax advisors regarding any pending or proposed federal tax legislation. Bond Counsel expresses no opinion regarding any pending or proposed federal tax legislation.

The Internal Revenue Service (the “Service”) has an ongoing program of auditing tax-exempt obligations to determine

whether, in the view of the Service, interest on such tax-exempt obligations is includable in the gross income of the owners thereof for federal income tax purposes. It cannot be predicted whether or not the Service will commence an audit of the Bonds. If an audit is commenced, under current procedures the Service may treat the Village as a taxpayer and the Bondholders may have no right to participate in such procedure. The commencement of an audit could adversely affect the market value and liquidity of the Bonds until the audit is concluded, regardless of the ultimate outcome.

Payments of interest on, and proceeds of the sale, redemption or maturity of, tax-exempt obligations, including the Bonds,

are in certain cases required to be reported to the Service. Additionally, backup withholding may apply to any such payments to any Bond owner who fails to provide an accurate Form W-9 Request for Taxpayer Identification Number and Certification, or a substantially identical form, or to any Bond owner who is notified by the Service of a failure to report any interest or dividends required to be shown on federal income tax returns. The reporting and backup withholding requirements do not affect the excludability of such interest from gross income for federal tax purposes.

Interest on the Bonds is not exempt from present State of Illinois income taxes. Ownership of the Bonds may result in other

state and local tax consequences to certain taxpayers. Bond Counsel expresses no opinion regarding any such collateral consequences arising with respect to the Bonds. Prospective purchasers of the Bonds should consult their tax advisors regarding the applicability of any such state and local taxes.

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CONTINUING DISCLOSURE

The Village will enter into a Continuing Disclosure Undertaking (the "Undertaking") for the benefit of the beneficial owners of the Bonds to send certain information annually and to provide notice of certain events to the Municipal Securities Rulemaking Board (the “MSRB”) pursuant to the requirements of Section (b)(5) of Rule 15c2-12 (the "Rule") adopted by the Securities and Exchange Commission (the "Commission") under the Securities Exchange Act of 1934. The information to be provided on an annual basis, the events which will be noticed on an occurrence basis and a summary of other terms of the Undertaking, including termination, amendment and remedies, are set forth below under "THE UNDERTAKING."

A failure by the Village to comply with the Undertaking will not constitute a default under the Ordinance and beneficial owners of the Bonds are limited to the remedies described in the Undertaking. See "THE UNDERTAKING--Consequences of Failure of the Village to Provide Information." A failure by the Village to comply with the Undertaking must be reported in accordance with the Rule and must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the Bonds in the secondary market. Consequently, such a failure may adversely affect the transferability and liquidity of the Bonds and their market price.

Due to a change in personnel, the Village failed to file its audited financial statements and operating data for the fiscal year

ended April 30, 2009 within the time periods specified in prior continuing disclosure undertakings. As of the date of this Official Statement, the Village has filed such audited financial statements and operating data. The Village has established procedures to ensure that such audited financial statements and operating data will be filed in a timely manner in the future.

THE UNDERTAKING

The following is a brief summary of certain provisions of the Undertaking of the Village and does not purport to be complete. The statements made under this caption are subject to the detailed provisions of the Undertaking, a copy of which is available upon request from the Village. Annual Financial Information Disclosure

The Village covenants that it will disseminate its Annual Financial Information and its Audited Financial Statements, if any (as described below) annually to the MSRB in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission at the time of delivery of such information. The Village is required to deliver such information within 210 days after the last day of the Village’s fiscal year (currently April 30). If Audited Financial Statements are not available when the financial information is filed, the Village will file unaudited statements and the Village will submit Audited Financial Statements to the MSRB’s EMMA system within 30 days after availability to the Village. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents to be filed with EMMA, including financial statements and other externally prepared reports.

"Annual Financial Information" means the financial information and operating data of the type contained in the following headings and subheadings of the Official Statement:

REAL PROPERTY ASSESSMENT, TAX LEVY AND COLLECTION PROCEDURES

- Equalized Assessed Valuations - Property Tax Rates - Tax Extensions and Collections

VILLAGE DEBT

- Debt Limitation - Debt Amortization

"Audited Financial Statements" means audited financial statements of the Village prepared in accordance with generally

accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States.

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Reportable Events Disclosure

The Village covenants that it will disseminate in a timely manner (not in excess of ten business days after the occurrence of the Reportable Event) Reportable Events Disclosure to the MSRB in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission or the State at the time of delivery of such information. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents filed with EMMA, including financial statements and other externally prepared reports. The “Events” are: Principal and interest payment delinquencies Non-payment related defaults, if material Unscheduled draws on debt service reserves reflecting financial difficulties Unscheduled draws on credit enhancements reflecting financial difficulties Substitution of credit or liquidity providers, or their failure to perform Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability,

Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax-exempt status of the security

Modifications to the rights of security holders Bond calls, if material, and tender offers Defeasances Release, substitution or sale of property securing repayment of the securities, if material Rating changes Bankruptcy, insolvency, receivership or similar event of the Village* The consummation of a merger, consolidation, or acquisition involving the Village or the sale of all or substantially all

of the assets of the Village, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement to any such actions, other than pursuant to its terms, if material

Appointment of a successor or additional trustee or the change of name of a trustee, if material __________ This event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the

Village in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the Village, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Village. Consequences of Failure of the Village to Provide Information

The Village shall give notice in a timely manner to the MSRB of any failure to provide disclosure of Annual Financial Information and Audited Financial Statements when the same are due under the Undertaking.

In the event of a failure of the Village to comply with any provision of the Undertaking, the beneficial owner of any Bond may seek mandamus or specific performance by court order to cause the Village to comply with its obligations under the Undertaking. A default under the Undertaking shall not be deemed a default under the Ordinance, and the sole remedy under the Undertaking in the event of any failure of the Village to comply with the Undertaking shall be an action to compel performance. Amendment; Waiver

Notwithstanding any other provision of the Undertaking, the Village by ordinance authorizing such amendment or waiver, may amend the Undertaking, and any provision of the Undertaking may be waived, if:

(a) (i) The amendment or the waiver is made in connection with a change in circumstances that arises from a change in legal requirements, including, without limitation, pursuant to a “no-action” letter issued by the Commission, a change in law, or change in the identity, nature, or status of the Village, or type of business conducted; or

(ii) The Undertaking, as amended, or the provision, as waived, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and

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(b) The amendment or waiver does not materially impair the interests of the beneficial owners of the Bonds, as determined either by parties unaffiliated with the Village (such as Bond Counsel).

In the event that the Commission or the MSRB or other regulatory authority approves or requires Annual Financial

Information or notices of a Reportable Event to be filed with a central post office, governmental agency or similar entity other than the MSRB or in lieu of the MSRB, the Village shall, if required, make such dissemination to such central post office, governmental agency or similar entity without the necessity of amending the Undertaking.

Termination of Undertaking

The Undertaking shall be terminated if the Village shall no longer have any legal liability for any obligation on or relating to repayment of the Bonds under the Ordinance. The Village shall give notice to the MSRB in a timely manner if this paragraph is applicable. Additional Information

Nothing in the Undertaking shall be deemed to prevent the Village from disseminating any other information, using the means of dissemination set forth in the Undertaking or any other means of communication, or including any other information in any Annual Financial Information or Audited Financial Statements or notice of occurrence of a Reportable Event, in addition to that which is specifically required by the Undertaking. If the Village chooses to include any information from any document or notice of occurrence of a Reportable Event in addition to that which is specifically required by the Undertaking, the Village shall have no obligation under the Undertaking to update such information or include it in any future disclosure or notice of occurrence of a Reportable Event. Dissemination of Information; Dissemination Agent

When filings are required to be made with the MSRB in accordance with the Undertaking, such filings are required to be made through its EMMA system for municipal securities disclosure or through any other electronic format or system prescribed by the MSRB for purposes of the Rule.

The Village may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under

the Undertaking, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent.

QUALIFIED TAX-EXEMPT OBLIGATIONS

Subject to the Village’s compliance with certain covenants, in the opinion of Bond Counsel, the Bonds are “qualified tax-

exempt obligations” under the small issuer exception provided under Section 265(b)(3) of the Code, which affords banks and certain other financial institutions more favorable treatment of their deduction for interest expense than would otherwise be allowed under Section 265(b)(2) of the Code.

CERTAIN LEGAL MATTERS

Certain legal matters incident to the authorization, issuance and sale of the Bonds are subject to the approving legal opinion

of Chapman and Cutler LLP, Chicago, Illinois, as Bond Counsel ( “Bond Counsel”) who has been retained by and acts as Bond Counsel to the Village. Bond Counsel has not been retained or consulted on disclosure matters and has not undertaken to review or verify the accuracy, completeness or sufficiency of this Official Statement or other offering material relating to the Bonds and assumes no responsibility for the statements of information contained in or incorporated by reference in this Official Statement, except that in its capacity as Bond Counsel, Chapman and Cutler LLP has, at the request of the Village, reviewed only those portions of this Official Statement involving the description of the Bonds, the security for the Bonds (excluding forecasts, projections, estimates or any other financial or economic information in connection therewith), the description of the federal tax exemption of interest on the Bonds and the “bank-qualified” status of the Bonds. This review was undertaken solely at the request and for the benefit of the Village and did not include any obligation to establish or confirm factual matters set forth herein. Certain legal matters for the Village will be passed upon by their counsel Ottosen, Britz, Kelly, Cooper, Gilbert & DiNolfo, Ltd.

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LITIGATION

There is no controversy or litigation of any nature against the Village in which it has been served, or to the knowledge of its officers, threatened, seeking to restrain or enjoin the issuance, sale, execution or delivery of the Bonds, or in any way contesting or affecting the validity of the Bonds or any proceedings of the Village taken with respect to the issuance or sale thereof, or the pledge or application or any moneys or security provided for the payment of the Bonds, or the existence of the Village or any of its powers, or the use of the proceeds of the Bonds.

There is no other controversy of any nature against the Village in which it has been served, or to the knowledge of its

officers, threatened, which, if successful, would materially adversely affect the operations or financial condition of the Village.

UNDERWRITING

Robert W. Baird & Co. (the “Underwriter”) has agreed to purchase from the Village pursuant to a bond purchase agreement (the “Bond Purchase Agreement”) the Bonds at an aggregate purchase price of $___________. The Underwriter is committed to take and pay for all Bonds if any are taken. The Bonds are being offered for sale to the public at the prices or yields shown on the cover of this Official Statement. The Underwriter may offer and sell the Bonds to certain dealers (including dealers depositing Bonds into investment trusts) and others at prices or yields lower than the public offering prices or yields stated on the cover hereof, which may be changed after the initial offering by the Underwriter.

MISCELLANEOUS

Any statement made in this Official Statement involving matters of opinion or of estimates, whether or not so expressly

stated, are set forth as such and not as representations of fact, and no representation is made that any of the estimates will be realized. Bond Counsel has not participated in the preparation of this Official Statement and will not pass on its accuracy, completeness or sufficiency. Bond Counsel has not examined or attempted to examine or verify any of the financial or statistical statements or data contained in this Official Statement, and will express no opinion with respect thereto. The execution and delivery of this Official Statement by its President has been duly authorized by the Village.

AUTHORIZATION

The Village will provide to the Underwriter at the time of delivery of the Bonds, a certificate confirming to the Underwriter that, to the best of its knowledge and belief, the Official Statement with respect to the Bonds, together with any supplements thereto, and at the time of delivery of the Bonds, was true and correct in all material respects and did not at any time contain an untrue statement of a material fact or omit to state a material fact required to be stated, where necessary to make the statements in light of the circumstances under which they were made, not misleading.

The Official Statement has been duly executed and delivered by the Village.

Village of Oswego Kendall County, Illinois

By:

/s/ Brian LeClercq Its: Village President

DATED ______________

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Appendix A

Village of Oswego

BASIC FINANCIAL STATEMENTS AND RELATED NOTES

Fiscal Year Ended April 30, 2012

This Appendix contains the basic financial statements, the required supplementary information and related notes for the fiscal year ended April 30, 2012. Further information for the fiscal year ended April 30, 2012 is available from the Village upon request.

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Appendix B

FORM OF APPROVING OPINION

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Appendix C

FORM OF CONTINUING DISCLOSURE UNDERTAKING

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Documents

Location: Oswego Village Hall, 100 Parkers Mill, …2013/05/07 · Bank’s Triathlon in the Village of Oswego. G. OLD BUSINESS H. NEW BUSINESS 1. Ordinance Providing for the Issuance