ORDINANCES AND RESOLUTIONS - EIU

ORDINANCES AND RESOLUTIONS

ORDINANCES AND RESOLUTIONS REQUIREMENTS

First check State Statutes, your attorney, and list of statutory publication requirements; Not All

Encompassing

DISCLAIMER: This material is provided for informational and educational purposes for our

members and participants; it is not intended to be a substitute for legal advice. You are

cautioned to consult with your attorney before taking any action based on this material.

Much of this is written from a Home-Rule community perspective; your municipality will need

to follow the requirements appropriate for its own form of government.

A public body exercises its power through the passage of motions, ordinances, and resolutions.

A motion is an oral order to take a specific actions, while resolutions and ordinances are the

written form of an order.

The question of when to utilize an Ordinance versus a Resolution is not always clear. There are

some generalizations however. Ordinances are customarily utilized when the action is intended

to be of a more permanent nature, such as modifying text of the municipal code, whereas

Resolutions are utilized for more temporary effect (such as declining to enforce a regulation for

a specific event) or to express the intent and will of the elective body (such as expressing

support for a legislative measure at the state or federal level).

(65 ILCS 5/1-2-6)

SEC. 1-2-6. The Contents Of All Municipal Ordinances,

The Date Of Passage, And The Date Of Publication Or

Posting, Where Required, May Be Proved By The Certificate

Of The Municipal Clerk, Under The Seal Of The

Corporation.

Whenever Municipal Ordinances Are Printed In Book Or

Pamphlet Form, And Purport To Be Published By Authority

Of The Corporate Authorities, Such Book Or Pamphlet Shall

Be Prima Facie Evidence Of The Contents, Passage, And

Legal Publication Of Such Ordinances, As Of The Dates

Mentioned In Such Book Or Pamphlet, In All Courts And

Administrative Tribunals.

The State statutes sometimes explicitly spell out the requirement for either an Ordinance or a

Resolution; it is important to review the State statute compelling a certain action. If, however,

no form is explicitly spelled out, in theory the body can utilize either form. It is a good idea to

look at your old Ordinances/Resolutions for indications how specific matters have been

addressed in the past.

Publishing Ordinances and Executing Document Requirements (includes certifying, filing, recording, letters)

Publishing Ordinances – 65 ILCS 5/1-2-4 – see also attached listing of Statutory Requirements

for publication from IML.

Remember that the State Statutes are updated/amended very often; you should always

check the guiding statutes to determine what changes have occurred and what new

requirements are in place. What is included below is a snapshot of the some of the “biggies”.

Publish all Ordinances except zonings and rezonings in pamphlet form. Ordinances that have

fines or penalties, not the tax levy, publish in newspaper unless the Ordinance itself “Publish in

Pamphlet Form” – this is a suggested practice, but check with your attorney.

Note: Some municipalities publish all Ordinances in pamphlet form. Statutes guiding

Ordinance(s) which say “publish in a local newspaper” or “publish in pamphlet form” or

“publication as provided by law” in the body – See 65 ILCS 5/1-2-4; also 715 ILCS 5/1 et seq.,

Notice by Publication Act; 715 ILCS 10/1 et seq., Newspaper Legal Notice Act; 715 ILCS 15/1;

Legal Advertising Rate Act

There are two ways to publish Ordinances: One is in pamphlet form and the other is in the local

newspaper. “Pamphlet form” simply requires a cover sheet to the Ordinance which includes the

Ordinance number and title, date of passage, and acknowledges the publication is by the

authority of the Board or Council Ordinance. Not every Ordinance publication requirement can

be satisfied by publishing in pamphlet form, but there is no harm in publishing in pamphlet

form in addition to publishing in the paper, if required.

Fees or penalties instituted by Ordinance usually take effect 10 days following the publishing of

the Ordinance unless there is an “effective immediately” clause in the Ordinance.

Annual Appropriation Ordinance for Town – must be on file in Clerk’s office and notice of

hearing published 30 days prior to hearing and adoption (50 ILCS 330/1)

Any annual appropriation Ordinance adopted for Cities adopted under 65 ILCS 5/8-29 shall be

effective upon passage. (See 65 ILCS 5/1-2-4)

Ordinances Setting or Raising Fees – Can be published in pamphlet form and effective

immediately

Abatement Ordinances (Abating Taxes) – File a certified copy with the County – due dates vary

from county to county - publish in pamphlet form

Alley Vacations – Publish in pamphlet form and record two (2) certified copies (65 ILCS 5/11-91-

1)

ANNEXATIONS and DISCONNECTIONS

Annexations – See 65 ILCS 5/7-1-1 et al and 70 ILCS 705 for specifics. Annexation is the addition

of new land/parcels to corporate boundaries. Rules do vary depending on whether the

annexation is addressed by petition, court action, referendum, or contract. Requires a 2/3 vote

of the corporate authorities.

Four requirements of annexation are:

1. The territory to be annexed must be unincorporated and not incorporated into

another

municipality.

2. The territory must be contiguous to the annexing municipality.

3. Proper notice must be provided to fire protection and library districts that exercise

jurisdiction over the territory when the annexing municipality provides fire protection or

library services, as the case may be. Notice to the election authorities and post office

branches is also required.

4. The new boundary of the annexing municipality as described in the petition for

annexation will extend to the far side of any adjacent highway and must include all of

every highway within the area to be annexed. (Ancel Glink)

Effective Date - The effective date of any Ordinance annexing property cannot be

in effect between the time when candidate nomination filing petitions are filed in a

municipality and before a primary election to be held in the municipality; or within 60

days before any general election. They can, however, be set to take affect the day after

the primary or general election.

Filing and Recording – Whether for annexation or for disconnection of property,

a certified copy of the Ordinance, Court Order, or Resolution and a map of the territory

must be filed with the County Clerk within 90 days.

Notice – at least 10 days prior to any action, notice must be provided by certified

or registered mail to the individual board members of a fire protection district, trustees

of a public library district, township commissioner of highways, township board of

trustees, township supervisor, and township clerk. This is a critical requirement;

financial liability attaches for failure to notify.

Notice to public – not less than 15 nor more than 30 days advance notice of the

public hearing prior to taking action

Following adoption, notification needs to be send to taxing bodies including

township, library, and fire districts. Send notification and a certified copy of the

Ordinance to IDOT, IDOR, Road Commissioner of Township, Township Clerk and

Trustees, Library District Trustees, Fire District Trustees, and election authority.

Disconnection of property from municipality - 65 ILCS 5/7-3-1 - A copy of the ordinance

disconnecting territory from any municipality, certified by the clerk of that municipality, shall

within 90 days be filed for recordation in the Recorder's office and with the County Clerk of the

county in which the disconnected territory is situated. Notification of the Disconnection must

be submitted to the Illinois Department of Revenue.

BONDS

The securities company with whom the corporate authorities contract for the issuance of will

likely provide assistance with the drafting of the Ordinance.

Notice of Public Hearing (for General Obligation and Revenue Bonds) – not less than 7

days nor more than 30 days (30 ILCS 352/1)

Certified copies must be filed with the County; one file-marked copy will stay with the

County, one will remain on file in the Clerk’s office.

Section 65 ILCS 5/8-4-1 of the Illinois Compiled Statutes for details

BUDGET or APPROPRIATION ORDINANCE–

1) If you have adopted the Budget Officer Act, the budget should be on file in the Clerk’s

Office for public review 10 days prior to passage

Notice – publish notice of public hearing in the newspaper not less than 7 days before

the hearing

2) If your municipality has not adopted the Budget Officer Act, the budget should be on file

in the Clerk’s Office 30 days prior to the public hearing. A Certificate of Anticipated

Revenues signed by Chief Revenue Officer/Comptroller is also required.

Notice – publish notice of public hearing in the newspaper 30 days before the public

hearing; same requirements for Town Budget & Appropriation Ordinance if yours is a

co-terminus township.

Following the adoption of the budget, take certified copies of original Ordinance and

copy to County for file-marking. Original file-marked copy is a permanent record of the

City or Village and County retains a file-marked copy.

Notice of budget adoption should be filed in the paper within 30 days after its adoption.

Ordinance is published in pamphlet form

Sections: (for municipalities with populations > 500,000) 65 ILCS 5/8-2-1, et al; (populations <

500,000) 65 ILCS 5/8-2-9;

BUILDING CODE OR BUILDING CODE AMENDMENTS

Requires 30 days’ prior notification of adoption of a new Code or amendment to the

Building Code to the Illinois Capital Development Board's Division of Building Codes and

Regulations; Keep one copy of Building Codes in the Clerk’s Office for public’s review.

55 ILCS 5/5-1063

PREVAILING WAGE RATE ORDINANCE

Ordinance

Notice of availability of Prevailing Wage Ordinance must be published in newspaper

within 30 days of its adoption

A certified copy of the Ordinance adopting Prevailing Wage must be adopted by the

corporate authorities annually by the end of June

Following adoption of the Prevailing Wage Ordinance, a certified copy must be filed with

the Illinois Department of Labor either by mail or by uploading it to the IDOL’s portal

established for that purpose

A certified copy of the Ordinance must be provided to any business that requests one.

TAX INCREMENT FINANCING (TIF) DISTRICTS

Illinois law allows units of local governments to designate areas within their jurisdiction as TIF

districts. These districts dedicate sales tax revenues and additional property tax revenues

generated within the TIF for improvements within the district to encourage new economic

development and job creation. Funds may be used for costs associated with the development

or redevelopment of property within the TIF, allowing blighted, declining and underperforming

areas to again become viable, and allowing these areas to compete with vacant land at the

edge of urban areas.

Notice – publish notice of Public Hearing in the newspaper twice; the first publication to

be not more than 30 nor less than 10 days prior to the hearing in a newspaper of

general circulation within the taxing districts having property in the proposed

redevelopment project area.

TIF Registry Program Notices – 65 ILCS 5/11-74.4 et seq – allows for interested persons

or organizations to register and receive notices of all new or amendments to TIF

districts. Each individual TIF must have its own registry.

TAX LEVY

Annual Tax Levy and/or Abatement of Taxes

Annually, the municipality shall file with the County the annual tax levy and/or abatement of

taxes.

Ordinances adopting the annual tax levy or abating taxes must be file-marked at the

County by the last Tuesday in December. (35 ILCS 200/18-15)

TRUTH-IN-TAXATION

The purpose of this Law is to require taxing districts to disclose by publication and to hold a

public hearing on their intention to adopt an aggregate levy in amounts more than 105% of the

amount of property taxes extended or estimated to be extended, including any amount abated

by the taxing district prior to such extension, upon the final aggregate levy of the preceding

year.

Notice and Public Hearing: If there is to be greater than 5% increase, a notice and

public hearing are required. The notice shall appear not more than 14 days nor

less than 7 days prior to the date of the public hearing. There are very specific

detailed requirements for the publication – look at the statute for additional

information.

35 ILCS 200/Art. 18

RELEVANT ACTS:

715 ILCS 5/1 et seq. Notice By Publication Act

715 ILCS 10/1 et seq. Newspaper Legal Notice Act

715 ILCS 15/1 Legal Advertising Rate Act

Statute: Requirement:

65 ILCS 5/2-2-6 Notice of petition to incorporate city

65 ILCS 5/2-4-4 Time of hearing for municipality name change

65 ILCS 5/2-4-6 Name Change-Order filed with the Secretary of State-judicial notice of change

65 ILCS 5/3.1-35-70 Treasurer-Copy of annual report filed with collector

65 ILCS 5/3.1-35-125 Collector-Reports

65 ILCS 5/3.1-35-65 (b) Treasurer-Annual accounts statement; Municipal Clerk publishes in newspaper

65 ILCS 5/4-5-16Statement of receipts and expenses; Examination of books and accounts; Expenditure greater

than appropriation.

65 ILCS 5/7-1-2 (b) Petition or ordinance for annexation

65 ILCS 5/7-1-5.1Notice of annexation - Commercial or industrial property; tract owned by single owner;

contains 800+ acres

65 ILCS 5/7-1-5.2 Annexation of contiguous territory contributing to groundwater contamination

65 ILCS 5/7-1-12 Annexation of territory surrounded by 2 or more municipalities

65 ILCS 5/7-1-13 Annexation of surrounded or nearly surrounded territory under 60 acres

65 ILCS 5/7-1-26 Exclusion and annexation of surrounding territory when there are 3 contiguous municipalities

65 ILCS 5/7-3-2 Disconnection-Notice of hearing

65 ILCS 5/7-7-6 Consolidation of municipalities -Publication of consolidation ordinance

65 ILCS 5/8-1-12Warrants drawn against and in anticipation of taxes already leveled for the particular funds

from which expenses and liabilities may be paid-interest-Notice of payment

65 ILCS 5/8-2-6Annual Appropriation Ordinances-Notice of budget hearing; availability of budget document;

limitations on appropriations

65 ILCS 5/8-2-9 Appropriation Ordinance hearings in municipalities less than 500,000

65 ILCS 5/8-2-9.9 Annual Appropriation Ordinances-Public inspection, notice, and hearing on budget

65 ILCS 5/8-3-19 (b) Levy and Collection of Taxes-Home rule real estate transfer taxes

65 ILCS 5/8-4-20 Issuance of Bonds-Publication of ordinance providing for issuance of refunded revenue bonds

65 ILCS 5/8-10-7Purchasing and Public Works Contracts in Cities of More than 500,000-Advertisements for

bids

65 ILCS 5/9-1-6 Local improvements-Undistributed or unclaimed funds-Notice-Certification-Recommendation

65 ILCS 5/9-1-11 Disposition of unclaimed property

65 ILCS 5/9-2-24Local improvement Procedures Restricted to Certain Municipalities-Propoerty to be taken or

damaged-Parties defendant-Service of summons-Appearance-Non-residents

STATUTORY PUBLICATION REQUIREMENTS

1

65 ILCS 5/9-2-52 Local improvement Procedures Restricted to cErtain Municipalities-Retirement of bonds

65 ILCS 5/9-2-79Local Improvement Procedures Restricted to Certain Municipalities-Collector's notice-Special

assessments

65 ILCS 5/9-2-84

Local improvement Procedures Restricted to certain Municipalities-Advertisement of

application for judgement-Delinquent lands, town lots, and real property upon which special

assessments or installments remain unpaid

65 ILCS 5/9-2-103Local improvement procedures restricted to certain municipalities-Notice for letting contracts'

bids for local improvements

65 ILCS 5/9-2-108Local improvement procedures restricted to certain municipalities-Notice of awarding

contract for local improvements

65 ILCS 5/9-2-113 Improvement constructed with federal aid

65 ILCS 5/9-2-115

Local improvement procedures restricted to certain muncipalities-Report to court-Notice of

hearing-Certificate of board as prima facie evidence-Assessment proceedings for which the

assessment is divided into installments for construction improvements

65 ILCS 5/9-2-123Local improvement procedures restricted to certain municipalities-Proceedings for extension

of time for payment-Notice-Hearing and order on payments for petitions in proper form

65 ILCS 5/9-2-128Local improvement procedures restricted to certain municiaplities-Bonds issued in exchange

for vouchers issued in payment of work

65 ILCS 5/9-2-129Local improvement procedures restricted to certain municipalities-Bonds issued in exchange

for vouchers issued in payment of work-Call and payment

65 ILCS 5/9-3-8Specified local improvements-Notice of date for consideration and passage of ordinance-

Protest

65 ILCS 5/9-3-11 Publication of ordinance for local improvements

65 ILCS 5/9-3-13 Local improvements-Order for hearing on benefits-Notice

65 ILCS 5/9-3-25 Local improvements-Notice for bids

65 ILCS 5/9-3-32 Local improvements-Adverse claimants

65 ILCS 5/9-3-34 Local improvement litigation respecting sufficiency of plans, specifications, etc.-Limitations

65 ILCS 5/9-3-36 Redemption of bonds

65 ILCS 5/9-3-46 Local improvement-real estate redemption

65 ILCS 5/10-1-6 Civil service employees-Rules-Publication-Notice

65 ILCS 5/10-1-11 Employees-Notice of examinations and fees

65 ILCS 5/10-2.1-5 Police and Fire-Rules-Publications

65 ILCS 5/10-2.1-13 Police and Fire-Notice of examination

65 ILCS 5/11-4-8 Houses of Correction-Use by counties

65 ILCS 5/11-7-3 Fire protection tax-Increase of rates

65 ILCS 5/11-12-7 Initiating plans and maps-Modification-Report-Hearing-Adoption-Notice

65 ILCS 5/11-12.1-4 Ordinance describing conservation area or areas

65 ILCS 5/11-13-2 Zoning commission-Ordinances

65 ILCS 5/11-13-6 Zoning variations-Hearing-Notice

65 ILCS 5/11-13-14 Zoning-Amendments of regulations and districts-Protests-Service

2

65 ILCS 5/11-14-3 Amendment of regulation of set-back lines

65 ILCS 5/11-15.1-3 Annexation Agreements-Procedure

65 ILCS 5/11-22-2 Transfer, sale or lease of hospital

65 ILCS 5/11-23-3 Disposition of hospitals

65 ILCS 5/11-23-15 Hospitals-Redemption of revenue bonds

65 ILCS 5/11-29.1-2Taxes levied for facilities for the mentally deficient-Petition for submission to referendum-

Publication of notice

65 ILCS 5/11-29.3-1 Care of mentally deficient persons-Powers-Ordinance-Referendum

65 ILCS 5/11-31-1 Powers regarding unsafe property

65 ILCS 5/11-42-11 Powers over certain businesses-Community antenna television systems

65 ILCS 5/11-48.3-11 Municipal zoo authorities-Power to borrow money-Bonds

65 ILCS 5/11-48.3-23 Municipal zoo authorities-Ordinance, rules and regulations-Fines-Penalties

65 ILCS 5/11-48.3-25 Municipal zoo authorities-Advertisements for bids

65 ILCS 5/11-49-1 Cemetery Establishment and regulation

65 ILCS 5/11-65-9 Municipal convention halls-Accounts-Examination

65 ILCS 5/11-71-3 Off street parking-Ordinances

65 ILCS 5/11-71-8 Lease of parking facilities

65 ILCS 5/11-74-11 Industrial project revenue bond act-Revenues from industrial problems

65 ILCS 5/11-74.2-4 Commercial renewal and redevelopment areas-Commercial blight or conservation areas

65 ILCS 5/11-74.2-18 Commercial renewal and redevelopment areas-Sale of bonds

65 ILCS 5/11-74.4-5 Industrial project revenue bond act-Public hearing; joint review board

65 ILCS 5/11-74.4-6 Industrial project revenue bond act-Notice of public hearing

65 ILCS 5/11-74.4-7 Industrial project revenue bond act - Issuance of obligations for project costs

65 ILCS 5/11-74.6-22 Industrial jobs recovery law-Adoption of ordinance-Requirements-Changes

65 ILCS 5/11-74.6-25 Industrial jobs recovery law-Notice of public hearing

65 ILCS 5/11-74.6-30 Industrial jobs recover law-Financing obligations

65 ILCS 5/11-76-2 Sale or lease of real or personal property-Ordinance directing sale or lease-Publication-Bids

65 ILCS 5/11-76-4.1 Sale of surplus real estate

65 ILCS 5/11-76-4.2 Surplus property-Alternative method of sale

65 ILCS 5/11-76.1-3 Purchase or leaase of real or personal property

65 ILCS 5/11-76.2-2 Exchange of real estate-Time and place of hearing-Publication of notice-Contents

65 ILCS 5/11-84-7 Sidewalk construction and repair-Bids

65 ILCS 5/11-91-1Vacating of streets and alleys-Vote-hearing-Compensation from abutting owners-Reservations-

Public interest-Damages

65 ILCS 5/11-92-8 Recreational facilities-Trust agreements to pay bonds-Election

65 ILCS 5/11-94-2Swimming pool, artificial ice skating rink, and golf course revenue bonds-Ordinance-

Publication-Referendum upon petition

65 ILCS 5/11-102-4b Airports for municipalities of 500,000 or more-Notice of public hearing-Publication

3

65 ILCS 5/11-103-6 Airports for municipalities of less than 500,000-Operations-Lease-Use

65 ILCS 5/11-117-3 Ordinance to acquire or construct public utility-Referendum

65 ILCS 5/11-118-3 Heat, power and light services-Revenue bonds

65 ILCS 5/11-119-2 Revenue bonds to improve light and gas plants-Ordinance-Payment of bonds

65 ILCS 5/11-122-2 Street railways-Lease-Reservation of rights-Petition-Referendum

65 ILCS 5/11-122.1-1Contract for privately owned local transportation system-Excution-Contents-Filing by owner-

Order of commerce commission

65 ILCS 5/11-122-8 Street railways-Discontinuance-Disposal of property-Referendum-Publication

65 ILCS 5/11-123-9Harbor and terminal facilities-Proceeding to establish boundary-Parties-Notice-Hearing-

Judgement-Grant by state

65 ILCS 5/11-123-14 Harbor and terminal facilities-Accounts-Annual report-Examination

65 ILCS 5/11-126-1 Water supply-Joint construction-Contracts-Bids

65 ILCS 5/11-127-1 Purchase or lease of waterworks-Authorization

65 ILCS 5/11-128-2Tax for waterworks purchase, construction or enlargement-Contract for purchase,

construction, or enlargement of waterworks

65 ILCS 5/11-129-4Waterworks systems in municipalities of less than 500,000-Publication-Effect of government

aid-Petition for referendum-Election

65 ILCS 5/11-130-4 Construction and purchase of waterworks-Publication or posting-Public hearing

65 ILCS 5/11-133-2 Waterworks certificates of indebtedness-Ordinance-Payment of certificates

65 ILCS 5/11-135-5Joint acquisition and operation of water supply and waterworks-Use of revenue-Water rates-

Actions to compel compliance-Bids

65 ILCS 5/11-136-5Joint acquisition and operation of water and sewage systems-Use of revenue-Water or sewer

rates-Actions to compel compliance-bids

65 ILCS 5/11-137-2Contract for, Purchase or lease of water and sewage systems-Purchase or lease of waterworks

or sewage system-Ordinance-Petition-Election

65 ILCS 5/11-139-6Combined waterworks and sewerage systems-Publication or posting of ordinance for

combined waterworks and sewage systems-Petition for referendum-Election

65 ILCS 5/11-140-5Outlet sewers outside municipal boundaries-Proceedings-Laws governing-Outlet sewers

outside municipal boundaries

65 ILCS 5/11-141-4Sewage systems and abatement of pollution from industrial wastes-Publication-Referendum

on petition-Election

65 ILCS 5/11-141-17Sewage systems and abatement of pollution from industrial wastes-Ordinance for bond issue-

Publication

65 ILCS 55/7 Municipal federal grant tax and bond act-Notice for confirmation of assessment

65 ILCS 55/19 Municipal federal grant tax and bond act-Special assessment notice

65 ILCS 60/4 Delinquent special assessment act-Petition for judgement-Notice

65 ILCS 65/4Chicago delinquient special assessment act-Petition for judgement against tracts-Notice-

Hearing-Order-Judgement-Enforcement-Expense

65 ILCS 85/6 Municipal electric refunding revenue bond act-Publication or posting of ordinance

65 ILCS 90/3Municipal wastewater disposal zones act-Formation of on-site wastewater disposal zones-

Rules and regulations

65 ILCS 90/9 Municipal wastewater disposal zones act-Notice-Hearing

65 ILCS 100/4 Sports stadium act-Limitation on challenges

4

65 ILCS 110/15Economic development project area tax increment allocation act of 1995-Establishment of

economic development project areas-Notice

65 ILCS 110/25 Economic development project area tax increment allocation act of 1995-Changes in plan

65 ILCS 110/55Economic development project area tax increment allocation act of 1995-Issuance of

obligations for economic development project costs

5

JOURNAL OF ORDINANCES

PAGE 1

4030 Ord. amending Ord. 623, Zoning (Development

known as "The Patio Homes at Seven Hills"

subdivision) consisting of 20.90 acres

1st Reading - 3/5/18

2nd Reading - 3/19/18

Published - 3/23/18

Ayes: Meile, Rosenberg,

Albrecht, Kueker,

Hagarty, Gilreath,

Morton, Marsh, Lopinot,

Holden, Drolet, Cozad,

Witt

Nay:

Absent: Smallheer

4031 Ord. amending Ord. 623, Zoning Development

known as "Marriott TownePlace Suites" at 445

Regency Park


2nd Reading - 3/19/18

Published - 3/23/18


Albrecht, Kueker,

Hagarty, Gilreath,



Witt

Nay:

Absent: Smallheer

4032 Ord. Declaring Vehicles, Equipment and Furniture

as Surplus for Sale and/or Disposal pursuant to 65

ILCS 5/11-76-4


2nd Reading – 4/2/18

Published – 4/5/18


Albrecht, Kueker,

Hagarty, Smallheer,



Nay:

Absent: Gilreath, Witt

4033 Ord. Budgeting for all corporate purposes of the

City of O'Fallon, St. Clair County, Illinois for the

Fiscal Year beginning May 1, 2018 and ending

April 30, 2019



Published –


Albrecht, Kueker,

Hagarty, Gilreath,

Smallheer, Morton,

Marsh, Lopinot, Holden,

Drolet, Cozad, Witt

Nay:

Absent:

4034 Ord. for a Variance to Section 158.077, Extension

or Enlargement of Non-conformities in the City of

O’Fallon, Illinois Code of Ordinances

(Development known as “AAA Tool and Die”)

located on parcel number 04-30.0-101-058 at 230

Obernuefemann Road, allowing for a 10,000 square

foot expansion of the existing building



Published –


Albrecht, Kueker,

Hagarty, Gilreath,

Smallheer, Morton,


Drolet, Cozad, Witt

Nay:

Absent:

4035 Ord. amending Ordinance 3838 to add property to

the St. Clair County Midamerica Enterprise Zone



Published –


Albrecht, Kueker,

Hagarty, Gilreath,

Smallheer, Morton,


Drolet, Cozad, Witt

Nay:

Absent:

4036 Ord. Amending Personnel Code Sections 105, 108,

201, 306, 310, 502, 601 and 703



Published –


Albrecht, Kueker,

Hagarty, Gilreath,

Smallheer, Morton,


Drolet, Cozad, Witt

Nay:

Absent:


PAGE 2

4037 Ord. amending Chapter 120 Residential Rental

Licenses by amending existing language to meet

operational demands





Albrecht, Kueker,

Hagarty, Gilreath,

Smallheer, Morton,


Drolet, Cozad, Witt

Nay:

Absent:

4038 Ord. amending the Code of Ordinances of the City

of O'Fallon, Chapter 77, Traffic Schedules,

Schedule III, Stop/Through Street Intersections

regarding Augusta Greens & Parkview Meadows

Phase 1, Illini Trails and Milburn Estates

Subdivisions





Albrecht, Kueker,

Hagarty, Smallheer,


Drolet, Cozad, Witt

Nay:

Absent: Gilreath, Morton


known as “Faith Lutheran Church") at 520 E.

Highway 50





Albrecht, Kueker,

Hagarty, Smallheer,


Drolet, Cozad, Witt

Nay:


4040 Ord. amending Ord. 623, Zoning for 1225 Taylor

Road consisting of 6.64 Acres



Published –5/25/18


Albrecht, Kueker,

Hagarty, Smallheer,


Drolet, Cozad, Witt

Nay:


4041 Ord. Naming a Street, Avenue, Alley, or other

Public Place (Changing "Elm Street" to "Habitat

Way")



Published –5/25/18


Albrecht, Kueker,

Hagarty, Smallheer,


Drolet, Cozad, Witt

Nay:


4042 Ord. approving a revision to the estimated date of

completion of redevelopment projects for the

O'Fallon Tax Increment Financing (TIF)

Redevelopment Project Area No. 1





Albrecht, Kueker,

Hagarty, Smallheer,


Drolet, Cozad, Witt

Nay:



known as “Tommy's Car Wash") at 1701 W.

Highway 50





Kueker, Hagarty,

Gilreath, Morton, Marsh,

Lopinot, Holden, Drolet,

Cozad, Witt

Nay:

Absent: Albrecht,

Smallheer


PAGE 3

4044 Ord. amending Ord. 623, Zoning for 1996 Quarry

Road consisting of 4.589 Acres





Albrecht, Kueker,

Hagarty, Gilreath,

Smallheer, Morton,


Drolet

Nay:

Absent: Cozad, Witt


known as “Marcus Theatre Expansion") at 1320

Central Park Drive





Albrecht, Kueker,

Hagarty, Gilreath,

Smallheer, Morton,


Drolet

Nay:

Absent: Cozad, Witt


known as “First Street Exchange") at 131 East 1st

Street





Albrecht, Kueker,

Hagarty, Gilreath,

Smallheer, Morton,


Drolet

Nay:

Absent: Cozad, Witt

4047 Ordinance amending Chapter 78, Schedule I, No

Parking on Delmar Avenue





Kueker, Hagarty,

Gilreath, Smallheer,

Morton, Lopinot, Holden,

Drolet, Cozad, Witt

Nay:

Absent: Albrecht

4048 Ordinance approving the Final Plat for the Patio

Homes at Seven Hills





Kueker, Hagarty,


Morton, Lopinot, Holden,

Drolet, Cozad, Witt

Nay:

Absent: Albrecht

4049 Ordinance amending the Code of Ordinances,

Chapter 34, Section 34.20, Contracts and

Purchasing





Kueker, Hagarty,



Witt

Nay:

Absent: Albrecht,

Lopinot, Morton

4050 An Ord. amending the City Code of Ordinances, by

enacting a new Chapter 139 providing for the

regulation of unmanned aircraft systems in the City





Albrecht, Kueker,

Hagarty, Gilreath,

Smallheer, Morton,

Lopinot, Randolph,


Witt

Nay:

Absent:

RESOLUTIONS 2018

2018-01 Resolution authorizing the Mayor to enter into a Lease Agreement with Michael Kombrink for Farming Purposes

1/16/18

2018-02 Resolution authorizing the Mayor to execute an agreement with Gonzalez Companies, LLC., for the East State Street sewer improvements in the amount of $75,000.00

2/5/18

2018-03 Resolution authorizing the Mayor to execute an agreement with Geotechnology, Inc., for the Old Collinsville Road-Milburn School Road Roundabout Construction Testing not to exceed the amount of $10,000.00

2/5/18

2018-04 Resolution authorizing the Mayor to execute an agreement with Rhutasel & Associates, Inc., for the Old Collinsville Road-Milburn School Road Roundabout Construction Engineering in an amount not to exceed $28,000

2/5/18

2018-05 Resolution authorizing the Mayor to execute an agreement with Gonzalez Companies, LLC., for the Southview Subdivision Water Main Improvements in the amount of $72.500.00, with additional easement costs, as needed

2/5/18

2018-06 Resolution authorizing the Mayor to sign an agreement with TWM for the Mid-America Commerce Center Lift Station & Sanitary Sewer Main Extension in the amount of $57,700.00

2/5/18

2018-07 Resolution recommending Schedule B of the Executive Session minutes remain closed because the need for confidentiality still exists

2/5/18

2018-08 Resolution Authorizing the Mayor to Execute an Intergovernmental Agreement with Central School District #104 for the Development of Mutual Aid Arrangements for Disaster Response and Recovery Assistance

2/20/18

2018-09 Resolution Authorizing the Mayor to Execute an Agreement with Waste Management of Missouri, Inc. for Collection, Processing, Hauling and Disposal of Residential Solid Waste, Recyclables and Yard Waste

2/20/18

2018-10 Resolution Authorizing the Sale of Surplus Real Estate located at 0 Taylor Road

2/20/18

2018-11 Resolution authorizing the Mayor & City Clerk to sign supporting documentation for a Community Development Block Grant (CDBG) for the East State Street Sewer Improvements Project

3/5/18

2018-12 Resolution authorizing the Mayor to enter into an agreement for the Woodstream Sewer Bypass Phase 1 project with Haier Plumbing & Heating, Inc., in the amount of $2,049,992.00, based on the unit price bid

3/5/18

2018-13 Resolution authorizing the Mayor to execute an IDOT Construction Engineering Services agreement with SCI Engineering, Inc., for the North Green Mount Road & Central Park Drive Intersection Improvements project in an amount not to exceed $62,555.45

3/5/18

2018-14 Resolution approving and accepting the preliminary plat for the Patio Homes at Seven Hills, including 18.75 acres

3/19/18

2018-15 Resolution Authorizing the Mayor to enter into an Intergovernmental Agreement with the Village of Shiloh to provide radio communication and Computer Aided Dispatch for the Law Enforcement asset of the Village of Shiloh Police Department

3/19/18

2018-16 Resolution Authorizing the Mayor to enter into an Memorandum of Understanding with the Fraternal Order of Police Lodge Number 198/ Illinois Fraternal Order of Police Labor Council in regard to Lateral entry Police Officers compensations and benefits

3/19/18

2018-17 Resolution Authorizing the Mayor to Enter into an Agreement with Millennium Construction for O'Fallon City Hall Security Renovations Project in the Amount of $150,257

4/2/18

2018-18 Resolution Authorizing the Mayor to Enter into an Agreement with Modern Communications, Inc. for O'Fallon City Hall Security Renovations in the Amount of $37,881

4/2/18

2018-19 Resolution Authorizing the Mayor to Enter into an Agreement with Egyptian Workspace Partners for the O'Fallon City Hall Security Renovations in the Amount of $14,755.32

4/2/18

2018-20 Resolution Authorizing the Mayor to Execute the CSX 841433 Facility Encroachment Agreement with CSX Transportation, Inc., for placing of a water main parallel to the railroad tracks at or near Valuation Station 16936+80, milepost BC-320.78 and ending at or near Valutation Station 16946+75, milepost BC-320.97 at a cost of $50,745.00

4/2/18

2018-21 Resolution authorizing the Mayor to execute the CSX841413 Facility Encroachment agreement with CSX Transportation, Inc., for the sub-grade Pipeline Crossing of a Sewer Main located at or near Milepost BC-320.86 at a cost of $5,100.00

4/2/18

2018-22 Resolution authorizing the Mayor to execute an agreement with Gonzalez Companies, LLC., for Engineering Services to design the Mark Drive Watermain Replacement Project in the amount of $12,000.00

4/2/18

2018-23 Resolution Authorizing the Mayor to execute an agreement with Gonzalez Companies for the design of the Public Safety Detention Pond (PSB), Howard Place and Smiley Drainage Storm Sewer Interceptor Phase 2 and 3 at a cost of $ 15,500.00

4/2/18

2018-24 Resolution authorizing the execution of the Redevelopment Agreement with Dover Frontier, LLC

4/2/18

2018-25 Resolution authorizing the Mayor to execute an agreement with White & Borgognoni Architects, P.C., (WBA) for the Roof Replacement on the Historical Society Building in the amount of $6,400.00

4/2/18

2018-26 Resolution Declaring a surplus of funds in the Special Tax Allocation Fund for the City's TIF Redevelopment Project Area, TIF District #3 Central Park, TIF #4- Hwy 50/Scott Troy Rd and TIF #5-Central City

4/16/18

2018-27 Resolution setting forth a fee schedule and CPTED Inspection Criteria for the Administration and Implementation of the Crime Free Rental Housing Program

4/16/18

2018-28 Resolution authorizing the Director of Finance to secure a lease/purchase agreement for equipment/vehicles for FY 2018/2019

5/7/18

2018-29 Resolution authorizing the Mayor to execute an agreement with Millennia Professional Services of Illinois, Ltd., for the Holliday Drive Drainage Project in the amount of $54,800.00

5/7/18

2018-30 Resolution authorizing the Mayor to execute an agreement with Gonzalez Companies, LLC, for the Woodstream Sewer By-Pass Project Phase 2 Easements in the amount of $29,008.00

5/7/18

2018-31 Resolution authorizing the Mayor to execute an Agreement with Sayers Technology, LLC, for the purchase of two HPE Nimble Storage Arrays with configuration, installation, migration, ongoing support & related items in the amount of $172,158.24

5/7/18

2018-32 Resolution authorizing the Mayor to execute an agreement with KRB Excavation, Inc., for the 2018 Concrete Program FY19 Pavement Management in the amount of $178,895.00 based on unit prices submitted

5/7/18

2018-33 Resolution approving and accepting a subdivision of land to be known as the "Taylor Road South Minor Subdivision"

5/7/18

2018-34 Resolution authorizing the Mayor to execute an agreement with Rooter's Asphalt for the City Hall Parking Expansion Project in the amount of $158,553.03 based on the unit prices submitted

5/7/18

Documents

ORDINANCES AND RESOLUTIONS - EIU