AGENDA CITY OF ROCHELLE CITY COUNCIL REGULAR ...

AGENDA

CITY OF ROCHELLE

CITY COUNCIL REGULAR MEETING

Monday, July 12, 2021 at 6:30 PM

City of Rochelle Council Chambers—420 North 6th Street, Rochelle, IL 61068

I. CALL TO ORDER:

1. Pledge to the Flag

2. Prayer

II. ROLL CALL:

III. PROCLAMATIONS, COMMENDATIONS, ETC:

IV. REPORTS AND COMMUNICATIONS:

1. Mayor's Report

2. Council Members

3. Good News - Water Meter Installation Jay Mulholland

4. Good News - Independence Day Celebrations

5. Good News Award - Street Department

6. Employee Introduction - Carmen Carr

7. Appoint Jacob Becker as a Voting Member of the Planning and Zoning Commission with a Term

to Expire 7/1/2026

8. Accept the Resignation of Matthew Booble from the Utility Advisory Board Effective

Immediately

V. PUBLIC COMMENTARY:

VI. BUSINESS ITEMS:

1. CONSENT AGENDA ITEMS BY OMNIUS VOTE with Recommendations:

1) Approve Minutes of City Council Meeting - 6/28/21

2) Accept and Place on File Minutes of Golf Course Advisory Committee - 04/26/21

3) Accept and Place on File Minutes of Railroad Advisory Board - 02/27/20

3) Approve Exceptions - 06/22/21-06/28/21, 6/29/2021-7/6/2021

4) Approve Payroll - June 27, 2021

5) Accept and Place on File Minutes of Planning & Zoning Commission Meetings - 4/5/21 and

4/19/21

6) Approve Special Event Request - Fiesta Hispana

2. Ordinance Approving a Conditional Amended and Restated Host Agreement and Agreement for

the Operation and Development of City of Rochelle Landfill No. 2; Ordinance Approving a

Jurisdictional Boundary line and Intergovernmental Cooperation Agreement (Public Hearing and

Action); Resolution Authorizing the City Manager to Execute an Intergovernmental Agreement

with the Village of Creston

3. Consideration and action on an ordinance authorizing the issuance of Electric Revenue Bonds of

the City in an amount not to exceed $18,000,000, or in lieu thereof, General Obligation Bonds

(Electric System Alternate Revenue Source) in an amount not to exceed $18,000,000, for the

purpose of paying the costs of improving the City’s electric system

4. Ordinance Waiving the Competitive Bidding Requirements and Authorizing the City Manager to

Enter into an Agreement for GIS Locating Services with Cultivate Geospatial Solutions, LLC

5. Creation of GIS Position

1

6. Resolution Approving a Redevelopment Agreement for the Real Estate Located at 1600 Ritchie

Road, Rochelle, IL with 1600 Ritchie Court, LLC and a Resolution Establishing Utility Service

Price Schedule for Rate Class 168

7. Ordinance Further Continuing the Temporary Suspension of Late Fees as Identified in Chapter 98

Article I of the Rochelle Municipal Code

8. Resolution Approving a Redevelopment Agreement for the Real Estate Located at 430 Lincoln

Highway, Rochelle, IL with E's Corner Deli, LTD

9. Ordinance Approving the Preliminary and Final Plat of Subdivision for 101 Cherry Avenue and

144 Fourth Avenue; and an Ordinance Granting Variation Relating to Setbacks

10. Resolution Approving a Redevelopment Agreement with Glenwood Equities, LLC

VII. DISCUSSION ITEMS:

VIII. EXECUTIVE SESSION:

IX. ADJOURNMENT:

Anyone interested in participating in Public Commentary remotely should contact City Clerk Sue Messer at

[email protected] or 815-562-6161 to make arrangements.

Council Members may participate in the City Council meeting Remotely as a result of the Governor suspending the

requirement for in-person attendance at meetings.

The Council meeting will be broadcast live on YouTube.

2

File Attachments for Item:

1. CONSENT AGENDA ITEMS BY OMNIUS VOTE with Recommendations:

1) Approve Minutes of City Council Meeting - 6/28/21

2) Accept and Place on File Minutes of Golf Course Advisory Committee - 04/26/21

3) Accept and Place on File Minutes of Railroad Advisory Board - 02/27/20

3) Approve Exceptions - 06/22/21-06/28/21, 6/29/2021-7/6/2021

4) Approve Payroll - June 27, 2021

5) Accept and Place on File Minutes of Planning & Zoning Commission Meetings - 4/5/21 and 4/19/21

6) Approve Special Event Request - Fiesta Hispana

3

Section VI, Item 1.

Council Minutes 06/28/2021 P a g e | 1

ROCHELLE CITY COUNCIL

REGULAR COUNCIL MEETING MINUTES

June 28, 2021

The Rochelle City Council met in Regular Session at 6:30 p.m. on Monday, June 28, 2021, in the Council Chambers of

City Hall; 420 N. 6th Street; Rochelle, IL 61068.

PLEDGE TO THE FLAG & PRAYER: The pledge said by Mayor Bearrows and prayer said by Pastor Forsberg.

ROLL CALL: On March 16th, due to the COVID-19 pandemic, Governor Pritzker suspended the in-person attendance

requirement for public meetings allowing public bodies to conduct meetings electronically without having to comply with

the physical quorum requirements or the conditions for participating electronically in a meeting. On March 31st Governor

Pritzker extended the order until April 30th. On May 29th Governor Pritzker extended the order until June 27th. On June

26th Governor Pritzker extended the order through July 25th. On July 24th Governor Pritzker extended the order through

August 22nd. On August 21st Governor Pritzker extended the order through September 19, 2020. On September 18th

Governor Pritzker extended the order through October 17, 2020. On October 16th Governor Pritzker extended the order

through November 14th. On November 13th Governor Pritzker extended the order through December 12th. On December

11th Governor Pritzker extended the order through January 9th. On January 8th Governor Pritzker extended the order

through February 6th. On February 5th Governor Pritzker extended the order through March 6th. On March 5th Governor

Pritzker extended the order through April 3rd. On April 2nd Governor Pritzker extended the order through May 1st. On

April 30th Governor Pritzker extended the order through May 29th. On May 28th Governor Pritzker extended the order

through June 26, 2021. On June 25th Governor Pritzker extended the order through July 24, 2021. Present on Roll Call

were Councilmembers Arteaga, Gruben, Hayes, D. McDermott, T. McDermott, Shaw-Dickey, and Mayor Bearrows.

Absent: None. A quorum of seven was present. City Manager Jeff Fiegenschuh and City Clerk Sue Messer were also

present.

PROCLAMATIONS, COMMENDATIONS, ETC: None.

REPORTS AND COMMUNICATIONS:

Mayor’s Report – Reminder of 4th of July Festivities, July 3rd Flight Deck celebration and the 4th of July

celebration parade leading towards Atwood Park.

o Appointment of Members to Boards and Commissions. Motion made by Councilor D. McDermott and

seconded Councilor T. McDermott, “I move the council approve the Mayor’s appointments to the

Planning & Zoning Commission, the Police and Fire Commission, the Stormwater Advisory

Commission, the Golf Course Advisory Board and the Trucking Advisory Committee for terms

beginning July 1, 2021.” Roll call vote was taken. Ayes: Arteaga, Gruben, Hayes, D. McDermott, T.

McDermott, Shaw-Dickey and Mayor Bearrows. Nays: None. Motion passed 7-0.

Council Members – Councilman Hayes reminds all how random fireworks fired in the neighborhoods affects

people and their pets, it is important to be responsible.

Good News- Master of Public Administration Degrees with Honors Jennifer Thompson.

PUBLIC COMMENTARY: None.

BUSINESS ITEMS:

1) CONSENT AGENDA ITEMS BY OMNIBUS VOTE with Recommendations: 1) Approve Minutes of City Council Meeting 6/14/21

2) Accept and Place on File Minutes of Trucking Advisory Committee - 03/10/21

3) Approve Exceptions 06/08/21-06/14/21, 6/15/21-06/21/21

4) Approve Payroll 05/31/21-06/13/21

5) Accept and Place on File Financial Statement - May 2021

Motion made by Councilor T. McDermott and seconded by Councilor D. McDermott, “I move consent agenda items

(1) through (5) be approved by Omnibus vote as recommended.” Roll call vote was taken. Ayes: Arteaga, Gruben,

Hayes, D. McDermott, T. McDermott, Shaw-Dickey and Mayor Bearrows. Nays: None. Motion passed 7-0.

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Section VI, Item 1.

Council Minutes 06/28/2021 P a g e | 2

2) Resolution Approving a Purchase and Sale Agreement and Financing for the Purchase of 1030 South 7th Street.

City Staff has entered into negotiations with Leo Johnson, owner of 1030 S. 7th Street, Rochelle, Illinois (commonly

known as the Johnson Tractor property). The property and the buildings on the property will be utilized by the City

and the RMU for the storage of equipment and supplies. The offices will also be utilized by City and RMU staff and

will consolidate these operations to a fewer number of buildings for City and RMU operation. The appraised price is

$1.255 million. The purchase will be funded with a loan from Holcomb Bank and will be paid back for a period of

no more than five years. The repayment of the loan will be shared amongst the various utilities using this property.

Jeff Fiegenschuh was available for questions. Motion made by Councilor T. McDermott and seconded by Councilor

Arteaga, “I move Resolution R21-26, a Resolution Approving a Purchase and Sale Agreement and Financing

for the Purchase of 1030 South 7th Street, be approved.” Roll call vote was taken. Ayes: Arteaga, Gruben, Hayes,

D. McDermott, T. McDermott, Shaw-Dickey and Mayor Bearrows. Nays: None. Motion passed 7-0.

3) Ordinance Approving a Purchase and Sale Agreement and Financing for the Purchase of Land from GREDCO

for Rail Expansion. In order to secure future rail development, GREDCO purchased, in 2003, a 100 ft strip of land

adjacent to the BNSF main which stretched for nearly 4 miles. Sections of this strip of rail right of way have been

purchased by the City over the past 18 years as the need for rail service grew with rail served industries being

developed in the Southeast Industrial Corridor. The last piece of the 100 ft strip to be acquired is at the southern end

of the rail r-o-w and is comprised of 18.85 acres. As demand for rail service continues to increase on the CIR and the

need to have rail extended to facilitate the placement of a new BNSF Interchange, it is necessary for the City to own

this piece of rail right of way. If the purchase is approved, payments on the land would not commence until 3Q 2022

so the City might use the purchase of the rail right of way as part of the grant funding match the City will need next

year to fund the next rail expansion. The purchase price is set at $35,000,00/acre which would be a total of $659,750.

GREDCO is offering a four-year payment plan @ 0% interest. Annual payment would be $164,937.50 which will be

due one year from the date of the purchase agreement. Economic Director Jason Anderson was available for questions.

Motion made by Councilor Gruben and seconded by Councilor Arteaga, “I move Ordinance 21-5259, an Ordinance

Approving a Purchase and Sale Agreement and Financing for the Purchase of Land from GREDCO for Rail

Expansion, be approved.” Roll call vote was taken. Ayes: Arteaga, Gruben, Hayes, D. McDermott, T. McDermott,

Shaw-Dickey and Mayor Bearrows. Nays: None. Motion passed 7-0.

DISCUSSISION ITEM: City of Rochelle Citizens Academy. Would you like to learn about your local government?

Would you like to know more about the services the City provides? Do you wonder where your tax dollars are spent? If

you answered yes to any of these questions, the inaugural City of Rochelle Citizens Academy is for you. This program

offers the opportunity to learn about the City, the services delivered that impact your quality of life and staff’s commitment

to serving the community. Sue Messer gave a presentation to Council.

ADJOURNMENT: At 7:07 PM, moved by Councilor Hayes and seconded by Councilor Arteaga, “I move the Council

adjourn.” Roll call vote was taken. Ayes: Arteaga, Gruben, Hayes, D. McDermott, T. McDermott, Shaw-Dickey and

Mayor Bearrows. Nays: None. Motion passed 7-0.

John Bearrows, Mayor Sue Messer

City Clerk, City of Rochelle

5

Section VI, Item 1.

420 North 6th Street Rochelle, IL 61068

www.cityofrochelle.net

GOLF COURSE ADVISORY COMMITTEE MINUTES

Monday, April 26, 2021 2:30 PM

Fairways Golf Shop Members present were: Dennis Berg, Bob Johns, and Don Geralds. Absent: Mark Gillis & Dennis Stewart Others present: Mitch Hamilton, Jackee Ohlinger and TC Hagar 1) The minutes from the September 28, 2020 meeting were approved. 2) Public Comments -- None 3) Financial Report: We ended fiscal year 2020 with a positive cash balance of

$58,395.26. This will be put in our long term cash account. We will start 2021 with a clean slate. Our cash balance as of March 31 is $18,645.19. We will use our long term account for any capital improvements or large maintenance issues. A motion to approve the report was made by Bob and

seconded by Don. Motion carried 3-0. 4) Golf Course Superintendent Report -- Mitch Hamilton: The golf course opened

for play on March 13th. We will be part of the WREX TV golf card program this year. The Monday golf rate will be $20 with cart for 18 holes with a prepaid credit card. After 4:00 PM the rate will be $20 for unlimited play. We have currently booked 14 outings. May 22nd will be a Men's Senior Lincoln highway event with around 88 players. There will be a Tuesday men's league and Cain Millwork will have their league on Wednesdays. Golf Course items: We had lots of clean-up to do because of the icy winter. We will aerate the greens on April 27th. #16 green area will be seeded and the bunker complete in May. New benches and waste receptacles have been ordered. We will keep the old lagoon area mowed with the plan of planting wildflowers and making it a nature area.

5) Business Items: None 6) Committee Member Reports/Concerns: Bob asked about the Kishwaukee

College golf team using us for their home course. They will have some volunteer days to help us on the course and help with the junior golf program. We have had one tourney and are looking for one or two more. Bob asked about a greens mower leaking and Mitch has resolved the problem.

6

Section VI, Item 1.

420 North 6th Street Rochelle, IL 61068

www.cityofrochelle.net

7) Our next meeting will be at a time to be determined. 8) The meeting was adjourned at 3:01 PM

7

Section VI, Item 1.

RAILROAD ADVISORY BOARD MEETING MINUTES Thursday, February 27, 2020

The Rochelle Railroad Advisory Board met on February 27, 2020 in the Lower Level Conference Center at City Hall, 420 North 6th Street, Rochelle, Illinois 61068. I. Call to order by Jason Anderson at 12:00 pm. II. Roll Call. Members Present: Dale Meyers, Steve Truckenbrod and Bob Wingate. Others Present: Jason Anderson Absent: Randy Wakenight and Ken Wise. III. Minutes. “A motion by Mr. Meyers was made and seconded by Mr. Truckenbrod to

approve the minutes from August 15, 2019.” Motion passed by unanimous voice vote. IV. Public Commentary. None V. Rail Revenue Report. Jason Anderson shared the quarterly revenue report provided by

the Burlington Junction Railway (BJRY), responsible for all administrative functions of the City Industrial Railroad (CIR). Budget is trending short of proposed numbers. Revenues for CY2019 brought $1.3M to City of Rochelle. The loss of the processing of frac sand contributed to the lower revenues. The major Americold expansion and the acquisition of Ryder by Linneage should produce stronger cold food volumes. Economic Development Office is working to secure new rail revenues.

VI. Old Business A. City of Rochelle Railroad (CIR) Expansion Updates

1. Rail Construction – Frustration expressed over the delays experienced since the project began in August of 2018. Construction of four-track rail bridge and Rochelle Transload Center is complete. Three-track rail extension to the Gratton Property is 85% finished. Tamping work was suspended by poor weather. Mr. Anderson scheduled a conference call with William Charles and Hansen Engineering to set a completion date. Issues need to be resolved because of tile

8

Section VI, Item 1.

damage causing significant drainage issues, erosion and damage to crops on the Gratton and Brossman Farms. Farmer believes the contractor is at fault for a blown 14” tile near Steward Road.

2. Hub City Transloading Center – Grand Opening scheduled for September 13, 2019

at 10am onsite. All are optimistic that the Center will begin to generate revenue. The transloading of sand for Manley Brothers previously performed at Wausau Lumber will now be done at the new Center. BJRY will continue to recruit customers and create marketing materials.

Bob Wingate reported there are prospects considering the use of the Transload

Center including plastics, clay and rebar companies. The cost to transload varies depending upon products (average $75 per railcar), equipment, ramps, storage and switching. The BJRY handles 5,000-6,000 cars each year at their other locations. Company has extensive experience with military and Illinois/Iowa National Guard transloads and employs several veterans capable of understanding how to handle the equipment.

3. Purchase of Additional Rail Right-of-Way and Land Options – GREDCO purchased

22 acres of right-of-way (ROW) from Soy Capital and Farm Manager for the Hayes Trust. Sale Agreement sent to City Manager Fiegenschuh for City Council approval. Current option at $15,000 per acre through December 31, 2019. New option agreements will rise to $40,000 per acre. It is hopeful that rail revenues can support the purchase of land to expand operations or be used as a grant match. Fehr-Graham Engineering & Environmental has been hired ($35,000) to perform soil, topography, wetland delineation, and archeological study. Site will be market-ready with utilities and rail service. As the Transload Center grows, a proposal will be made to extend rail to the bridge to lengthen the project site.

4. City Industrial Rail (CIR) Intermodal Services – The Burlington Northern Santa Fe

Railroad (BNSF) has expressed interest in new intermodal service from Rochelle. CHS in talks with the mainline rail design engineers about services at their campus. BJRY is modeling the project for switching and storage to diversify and grow. CHS would be required to upgrade their site. The mix of export (40’) and domestic (53’) container sizes needs to be considered.

5. Burlington Northern Santa Fe (BNSF) Interchange – It has not been determined

if the BNSF would fund the cost of a switch that would remediate train congestion at Caron Road. Should the BNSF agree, the City would be responsible to extend rail to connect. A minimum of 15 months would be needed to design a switch.

6. Illinois Commerce Commission (ICC) Order – The ICC Order is still in review. City

awaits a draft on the signalization/safety issues at Steam Plant Road.

B. Class I Interactions – Occasional meetings with representatives from the BNSF.

9

Section VI, Item 1.

C. Burlington Junction Railway (BJRY) Update – Intermodal service could begin as early

as 2020 as track extends to the east.

VI. New Business – None. VII. Next Meeting – November 21, 2019 VIII. Adjournment – “A motion by Mr. Wakenight was made and seconded by Mr. Meyers to

adjourn.” Motion passed by unanimous voice vote. Respectfully submitted by, Peggy Friday

10

Section VI, Item 1.

City of Rochelle Check Register - Council report with description Page: 1

Check Issue Dates: 6/22/2021 - 6/28/2021 Jun 28, 2021 04:25PM

Report Criteria:

Report type: GL detail

Check.Voided = False

Check # / Name/ GL Period Invoice Invoice Invoice Check

Issue Date Description Invoice Number GL Account Amount Amount

147190

06/28/2021 926 CUSTOM EMBROIDERY 06/21 000680 01-19-92900-00 180.00 180.00

SHIRTS

06/28/2021 926 CUSTOM EMBROIDERY 06/21 000682 01-21-47100-00 111.00 111.00

926 CUSTOM EMB

Total 147190: 291.00

147191

06/28/2021 ACUSHNET COMPANY 06/21 911185282 59-10-65200-00 765.02 765.02

GOLF SHIRTS

Total 147191: 765.02

147192

06/28/2021 ADVANCED TURF SOLUTIONS 06/21 SO910349.2 59-00-89000-00 2,944.25 2,944.25

BENCHES/TEE ACESSORIES

06/28/2021 ADVANCED TURF SOLUTIONS 06/21 SO932220 59-20-61700-00 1,619.70 1,619.70

FERTILIZER/CHEMICALS

06/28/2021 ADVANCED TURF SOLUTIONS 06/21 SO932643 59-20-61700-00 218.52 218.52

FERTILIZER/CHEMICALS

Total 147192: 4,782.47

147193

06/28/2021 AIR ONE EQUIPMENT, INC. 06/21 169734 01-22-51200-00 1,517.30 1,517.30

ANNUAL SCBA TESTS

06/28/2021 AIR ONE EQUIPMENT, INC. 06/21 169874 01-22-51200-00 767.57 767.57

ANNUAL COMPRESSOR MAINT SERV

Total 147193: 2,284.87

147194

06/28/2021 AIRGAS USA LLC 05/21 9113641202 01-22-65200-00 340.38 340.38

OXYGEN

06/28/2021 AIRGAS USA LLC 05/21 9979809178 01-22-65200-00 160.47 160.47

O2 CYLINDER LEASE FD

Total 147194: 500.85

147195

06/28/2021 ALDERKS TIRE SERVICE, INC 05/21 148644 59-20-51200-00 107.20 107.20

TIRE CHANGE

Total 147195: 107.20

147196

06/28/2021 ALEXIS FIRE EQUIPMENT COMPANY 05/21 0070571-IN 01-22-51200-00 935.00 935.00

ENG 3 PUMP REPAIRS

Total 147196: 935.00

11

Section VI, Item 1.





147197

06/28/2021 ALTORFER INDUSTRIES, INC 06/21 PK62002990 51-00-63680-53 399.75 399.75

SCADA: W (WELL #11)

06/28/2021 ALTORFER INDUSTRIES, INC 06/21 PK62002990 52-50-73680-53 399.75 399.75

SCADA: WR (WELL #11)

Total 147197: 799.50

147198

06/28/2021 AMAZON CAPITAL SERVICES 06/21 1NQC-11V4- 54-10-54900-66 1,806.14 1,806.14

HEAD SET

06/28/2021 AMAZON CAPITAL SERVICES 06/21 1QY9-JR9D- 55-32-65200-00 291.96 291.96

OPERATING SUPPLIES: ADVANCED COMMUNICATIONS

06/28/2021 AMAZON CAPITAL SERVICES 06/21 1DMK-4DT9- 19-60-91190-00 991.63 991.63

MOVIE IN THE PARK

Total 147198: 3,089.73

147199

06/28/2021 ANIXTER, INC 06/21 4971620-00 54-60-15400 4,875.00 4,875.00

SWITCH, LOADBUSTER DISCONNECT 600A

06/28/2021 ANIXTER, INC 06/21 4972383-00 54-60-58800-53 4,576.00 4,576.00

VMI TECH LABOR

06/28/2021 ANIXTER, INC 06/21 4910918-02 54-60-15400 500.00 500.00

FUSE, STREET LIGHT WITH COVER HEB-JJ

06/28/2021 ANIXTER, INC 06/21 4981653-00 54-60-15400 56.00 56.00

BOLT, MCH 5/8X12

06/28/2021 ANIXTER, INC 06/21 4981653-00 54-60-15400 292.40 292.40

CONNECTOR, UNITAP, 4 POSITION BIBS4-4 STR LIT

06/28/2021 ANIXTER, INC 06/21 4981653-00 54-60-15400 41.00 41.00

SLEEVE, SERVICE: 4-4 AL ES2W2W;WBG

06/28/2021 ANIXTER, INC 06/21 4983143-00 54-60-15400 508.00 508.00

PHOTO CELL, ST LIGHT: 130V

06/28/2021 ANIXTER, INC 06/21 4984593-00 54-60-15400 167.68 167.68

ANCHOR, SINGLE HELIX 10", 1" TAP

06/28/2021 ANIXTER, INC 06/21 4984593-00 54-60-15400 208.38 208.38

ARRESTER, SURGE, RISER 10KV

06/28/2021 ANIXTER, INC 06/21 4984593-00 54-60-15400 80.00 80.00

CLAMP, GROUND ROD: 5/8"

06/28/2021 ANIXTER, INC 06/21 4984593-00 54-60-15400 140.16 140.16

ARM, WOOD CROSS 3 3/4 X 4 3/4 X 8 TYPE 3

06/28/2021 ANIXTER, INC 06/21 4984593-00 54-60-15400 1,016.00 1,016.00

PHOTO CELL, ST LIGHT: 130V

06/28/2021 ANIXTER, INC 06/21 4984593-00 54-60-15400 115.50 115.50

ROD, GROUND, COPPERCLAD 5/8" X 8'

06/28/2021 ANIXTER, INC 06/21 4984593-00 54-60-59400-65 147.75 147.75

WIRE 4 CU SOL BARE 25#

Total 147199: 12,723.87

147200

06/28/2021 APPA 06/21 354358-3 54-90-92100-56 4,258.36 4,258.36

APPA DUES

Total 147200: 4,258.36

12

Section VI, Item 1.





147201

06/28/2021 AUTO ZONE 06/21 2660392270 54-10-54900-92 9.18 9.18

GASKET SEALER

Total 147201: 9.18

147202

06/28/2021 BACKDRAFT OPCO, LLC 06/21 INV2104532 01-22-68400-00 194.35 194.35

FIRE PACKAGE

Total 147202: 194.35

147203

06/28/2021 BHMG ENGINEERS 06/21 1502R.353 54-60-58800-53 5,600.00 5,600.00

RETAINER AGREEMENT FOR GENERAL SERVICES

06/28/2021 BHMG ENGINEERS 06/21 1639.SC.320 54-10-54900-61 14,019.70 14,019.70

GENERATION-GENERAL SERVICES

06/28/2021 BHMG ENGINEERS 06/21 2031.312 54-60-10700 12,588.12 12,588.12

ROCHELLE PROLOGIS SUBSTATION

06/28/2021 BHMG ENGINEERS 06/21 2082.302 54-60-58800-53 3,794.50 3,794.50

PLANNING STUDY

Total 147203: 36,002.32

147204

06/28/2021 BOUND TREE MEDICAL 06/21 84093016 01-22-65200-00 197.86 197.86

GLOVES

Total 147204: 197.86

147205

06/28/2021 BRATT, MIKE 06/21 062521 01-17-54900-00 450.00 450.00

MIKE BRATT - SPECIAL MUSIC

Total 147205: 450.00

147206

06/28/2021 BROOKS, SARAH 06/21 060321 54-70-90300-54 5.00 5.00

NOTARY RENEWAL

06/28/2021 BROOKS, SARAH 06/21 061821 54-70-90300-55 40.00 40.00

CELL PHONE REIMBURSEMENT

Total 147206: 45.00

147207

06/28/2021 CAPPEL'S COMPLETE CAR CARE 06/21 425970 51-00-65060-51 39.00 39.00

VEHICLE: W (S-1 2015 CHEVY VEHICLE SAFETY INSPECTION)

Total 147207: 39.00

147208

06/28/2021 CARUS LLC 06/21 SLS 1009264 51-00-61830-65 1,900.80 1,900.80

WELL CHEMICALS: W (CARUS MN S - ILMB)

06/28/2021 CARUS LLC 06/21 SLS 1009264 51-00-61830-65 1,713.07 1,713.07

WELL CHEMICALS: W (CARUSOL - ILMB)

06/28/2021 CARUS LLC 06/21 SLS 1009264 51-00-61830-65 516.52 516.52

WELL CHEMICALS (HFS ACID 23%)

13

Section VI, Item 1.





Total 147208: 4,130.39

147209

06/28/2021 CINCINNATI INSURANCE 06/21 060921 01-11-12167 620.00 620.00

AMBULANCE OVERPAYMENT

Total 147209: 620.00

147210

06/28/2021 CINTAS 05/21 4085444078 19-30-65200-00 30.00 30.00

CINTAS MATS RR PARK

06/28/2021 CINTAS 06/21 4086409130 01-22-65400-00 38.76 38.76

MATS,TOWELS,MOPS

06/28/2021 CINTAS 06/21 4087686002 01-22-65400-00 48.03 48.03

MATS,TOWELS,MOPS

06/28/2021 CINTAS 06/21 4087850379 54-60-58800-54 59.71 59.71

ELEC DEPT MATS

06/28/2021 CINTAS 06/21 4087850386 54-10-54800-47 175.21 175.21

MATS,TOWELS,MOPS

06/28/2021 CINTAS 06/21 4087685955 01-17-65400-00 29.75 29.75

CITY HALL MATS

06/28/2021 CINTAS 06/21 4088055423 01-41-53600-00 72.51 72.51

RUG RENTAL

Total 147210: 453.97

147211

06/28/2021 COMPLETE MECHANICAL SERVICES, INC 06/21 20498 52-50-72010-65 1,300.00 1,300.00

OPERATING SUPPLIES: WR (HANDHELD MODULAR SERVICETOOL FORAAO

Total 147211: 1,300.00

147212

06/28/2021 CULTIVATE GEOSPATIAL SOLUTIONS, LLC 06/21 ROCHELLE2 54-80-10700 12,400.00 12,400.00

GIS DATA READINESS PROJECT

Total 147212: 12,400.00

147213

06/28/2021 CURRAN CONTRACTING COMPANY 06/21 21574 51-00-62060-65 1,103.49 1,103.49

RESTORATION: W

Total 147213: 1,103.49

147214

06/28/2021 CUSTOMIZED ENERGY SOLUTION LTD 06/21 1063371 54-20-55500-57 64.25 64.25

MONTHLY PJM AUCTION

Total 147214: 64.25

147215

06/28/2021 DATA VOICE INTERNATIONAL, INC. 06/21 MN00002871 55-00-54900-00 285.00 285.00

CUSTOMER FACING MOBILE APPLICATION

Total 147215: 285.00

14

Section VI, Item 1.





147216

06/28/2021 DELL MARKETING L.P. 06/21 1049258616 01-41-83000-00 1,263.97 1,263.97

CUMPUTER REPLACEMENT

06/28/2021 DELL MARKETING L.P. 06/21 1049458353 54-60-58800-65 3,946.99 3,946.99

DELL LAPTOP REPLACMENT FOR ONE THAT IS BEING RETURNED

Total 147216: 5,210.96

147217

06/28/2021 DTS 06/21 1452484 54-80-10700 10,000.00 10,000.00

VUEWORKS IMPLEMENTATION SERVICES

Total 147217: 10,000.00

147218

06/28/2021 DUVAL, RONALD L. 06/21 062521 01-17-54900-00 1,250.00 1,250.00

BAND DIRECTOR'S SALARY

Total 147218: 1,250.00

147219

06/28/2021 ENGEL ELECTRIC CO 06/21 30868 51-00-62050-65 2,586.25 2,586.25

WELL 12: VFD FAILURE

06/28/2021 ENGEL ELECTRIC CO 05/21 30878 51-00-62050-65 1,548.75 1,548.75

WELL12: VFD MAINTENANCE

Total 147219: 4,135.00

147220

06/28/2021 FAIRBANKS MORSE ENGINE 06/21 334658 54-30-55300-61 586.02 586.02

ENGINE OP PARTS P#2

06/28/2021 FAIRBANKS MORSE ENGINE 06/21 11703 54-30-55300-53 120,611.46 120,611.46

PEAKER 1 INSPECTIOPN AND REBUILD

Total 147220: 121,197.48

147221

06/28/2021 FEHR-GRAHAM & ASSOC. 01/21 98890 58-00-54920-00 5,000.00 5,000.00

GRANT MAINTENANCE

Total 147221: 5,000.00

147222

06/28/2021 FERGUSON WATERWORKS #2516 06/21 0389635-6 51-00-10530 7,312.80 7,312.80

METER: W (60-5/8X3/4 T10 P/C WTR MTRS/RECEPT F)


METER: WR (60-5/8X3/4 T10 P/C WTR MTRS/RECEPT F)


METER: WR (60-R900 V4 WALL M)


METER: W (60-R900 V4 WALL M)

Total 147222: 27,835.20

147223

06/28/2021 FIEGENSCHUH, JEFFREY 06/21 062421 54-60-58800-56 85.68 85.68

MILEAGE APPA CONFERENCE

15

Section VI, Item 1.





Total 147223: 85.68

147224

06/28/2021 FORSMAN, OSCAR 06/21 062521 01-17-54900-00 450.00 450.00

THE FOOTSTOMPERS 3RD SPECIAL

Total 147224: 450.00

147225

06/28/2021 GROVERS SERVICES, LLC 06/21 061421 54-60-59300-51 3,780.00 3,780.00

TRIMMED TREES

06/28/2021 GROVERS SERVICES, LLC 06/21 062121 54-60-59300-51 5,040.00 5,040.00

TRIMMED TREES

Total 147225: 8,820.00

147226

06/28/2021 HACH COMPANY 06/21 12497108 52-10-72050-65 379.00 379.00

LAB: WR (PUMP TUBING, SILICONE, 3/8" ID, 50FT. ROLL)

06/28/2021 HACH COMPANY 06/21 12497108 51-00-63560-53 33.18 33.18

LAB: W (2- ROCHELLE SALT SOLUTION 29ML DB )

06/28/2021 HACH COMPANY 06/21 12497108 51-00-63560-53 55.50 55.50

LAB: W (2- NITROGEN, AMMONIA 100 MG/L 500)

06/28/2021 HACH COMPANY 06/21 12497108 51-00-63560-53 57.29 57.29

LAB: W (1-TNT, REACTIVE PHOSPHATE 50 TESTS)

06/28/2021 HACH COMPANY 06/21 12497108 52-10-72050-65 28.90 28.90

LAB: WR (1- PHOSPHATE STD SOLN, 1MG/L 500ML)

06/28/2021 HACH COMPANY 06/21 12497108 51-00-67580-92 170.00 170.00

FREIGHT: W

06/28/2021 HACH COMPANY 06/21 12497108 52-50-77580-92 12.91 12.91

FREIGHT: WR

06/28/2021 HACH COMPANY 06/21 12504031 51-00-63560-53 43.00 43.00

LAB: W (2-PAN IND SOLN, 0.1% 50ML SCDB)

06/28/2021 HACH COMPANY 06/21 12504031 51-00-63560-53 57.29 57.29

LAB: W (2-TNT, REACTIVE PHOSPHATE 50 TESTS)

06/28/2021 HACH COMPANY 06/21 12504031 52-10-72050-65 48.70 48.70

LAB: WR (2-COD STD SOLN, 1000MG 200ML)

06/28/2021 HACH COMPANY 06/21 12504031 52-10-72050-65 55.50 55.50

LAB: WR (2-NIRTOGEN, AMMONIA 100MG/L 500ML)

06/28/2021 HACH COMPANY 06/21 12504031 52-10-72050-65 27.30 27.30

LAB: WR (DPD TOT CHLORINGE PP 25ML PK/100)

06/28/2021 HACH COMPANY 06/21 12504031 51-00-63560-53 55.98 55.98

LAB: W (ASORBIC ACID PWD PLWS PK/100 )

06/28/2021 HACH COMPANY 06/21 12504031 51-00-67580-92 34.98 34.98

FREIGHT: W

06/28/2021 HACH COMPANY 06/21 12504031 52-50-77580-92 34.97 34.97

FREIGHT: WR

Total 147226: 1,094.50

147227

06/28/2021 HAMILTON, MITCH A. 06/21 062121 59-10-57100-00 40.00 40.00


06/28/2021 HAMILTON, MITCH A. 06/21 062121 59-10-57100-00 64.99 64.99

REIMBURSE FOR YOUTUBE FOR PRO SOP

16

Section VI, Item 1.





Total 147227: 104.99

147228

06/28/2021 HYDRO CAD SOFTWARE SOLUTIONS 06/21 37493 01-48-68400-00 545.00 545.00

HYDROCAD SOFTWARE DELUXE

Total 147228: 545.00

147229

06/28/2021 IDEXX DISTRIBUTION, INC 05/21 3084657872 51-00-63610-57 15.91 15.91

LAB: W (WP 104 P/A COMPARATOR)


FREIGHT: W


LAB: W (STERILE WATER)


FREIGHT: W

Total 147229: 84.10

147230

06/28/2021 IL PUBLIC RISK FUND 06/21 66505 12-00-59200-00 13,070.25 13,070.25

WORKER COMP/ADMIN FEES AUGUST 2021







06/28/2021 IL PUBLIC RISK FUND 06/21 66505 57-00-45400-00 774.50 774.50


06/28/2021 IL PUBLIC RISK FUND 06/21 66505 59-00-45400-00 575.25 575.25


Total 147230: 19,554.00

147231

06/28/2021 ILCMA 06/21 062221 01-19-56100-00 341.50 341.50

ILCMA DUES

Total 147231: 341.50

147232

06/28/2021 ILCMA 06/21 060921 64-00-56100-00 155.00 155.00

ILCMA MEMBERSHIP

Total 147232: 155.00

147233

06/28/2021 ILLINOIS SECTION AWWA 06/21 200064239 52-50-70480-56 56.00 56.00

TRAINING: WR (CUNNINGHAM)





17

Section VI, Item 1.







Total 147233: 224.00

147234

06/28/2021 ILLINOIS STATE POLICE 06/21 062221 55-32-37315 237.00 237.00

911 SURCHARGES MAY 2021

Total 147234: 237.00

147235

06/28/2021 IMUA 06/21 21-05013 54-60-58800-56 425.00 425.00

MONTHLY SAFETY TRAINING

Total 147235: 425.00

147236

06/28/2021 JEFF PERRY CHEVROLET 06/21 05711 52-50-75060-51 5,961.74 5,961.74

VEHICLE: WR (S-85)

Total 147236: 5,961.74

147237

06/28/2021 JOHNSON TRACTOR 06/21 IR69668 54-60-58800-61 1.56 1.56

ADAPTER

Total 147237: 1.56

147238

06/28/2021 KENNAY FARMS DISTILLING 06/21 000640 01-17-91100-00 250.00 250.00

CITIZENS ACADEMY GRADUATION

Total 147238: 250.00

147239

06/28/2021 KETTLEY, RICK 06/21 062221 57-00-38200 105.00 105.00

REFUND SEC DEPOSIT

Total 147239: 105.00

147240

06/28/2021 KIRBY CABLE SERVICE INC 06/21 6308 52-50-10540 320.00 320.00

ENTRY GATE REPAIR: WR

06/28/2021 KIRBY CABLE SERVICE INC 06/21 6309 51-00-62010-65 3,200.00 3,200.00

BORED 640' OF 2" CONDUIT @ WWTP: W

06/28/2021 KIRBY CABLE SERVICE INC 06/21 6309 52-50-72040-65 3,200.00 3,200.00

BORED 640' OF 2" CONDUIT @ WWTP: WR

Total 147240: 6,720.00

147241

06/28/2021 KUBALE, HOLLY 06/21 062421 54-60-10700 550.00 550.00

5KV CONVERSION LANDSCAPING

Total 147241: 550.00

18

Section VI, Item 1.





147242

06/28/2021 LEGAL SHIELD 06/21 061521 64-00-91100-00 390.00 390.00

LEGAL SHIELD - IDES FRAUD

Total 147242: 390.00

147243

06/28/2021 MABAS DIVISION 18 06/21 062221 01-22-56100-00 500.00 500.00

MABA DIVISION 18 DUES 2021

Total 147243: 500.00

147244

06/28/2021 MACKLIN INCORPORATED 06/21 48855 01-41-61400-00 1,792.95 1,792.95

ROAD ROCK FOR STREETS

06/28/2021 MACKLIN INCORPORATED 06/21 48858 54-60-58800-65 58.23 58.23

CA7

Total 147244: 1,851.18

147245

06/28/2021 MARCO 06/21 29453664 01-22-59400-00 77.84 77.84

COPIER RENTAL

Total 147245: 77.84

147246

06/28/2021 MARTIN & CO EXCAVATING 06/21 28581 36-00-86502-00 18,046.06 18,046.06

HMA MATERIALS


HMA MATERIALS

Total 147246: 37,244.66

147247

06/28/2021 MESSER, SUSAN 06/21 06/23/2021 01-13-56200-00 39.45 39.45

MILEAGE & MEAL NIMCA

Total 147247: 39.45

147248

06/28/2021 METOYER, CORY 06/21 061721 01-11-36700 500.00 500.00

REFUND OF ADMINISTRATIVE TOW

Total 147248: 500.00

147249

06/28/2021 MICHLIG ENERGY, LTD. 06/21 0915807 54-35-54720-66 15,798.60 15,798.60

FUEL CATS

06/28/2021 MICHLIG ENERGY, LTD. 06/21 0956327 54-35-54720-66 14,117.60 14,117.60

FUEL CATS

Total 147249: 29,916.20

147250

06/28/2021 MOTION INDUSTRIES, INC. 06/21 IL08-856552 52-50-72040-65 858.22 858.22

MAINTENANCE: WR (BLOWER BUILDING EXHAUST MOTOR)

19

Section VI, Item 1.





06/28/2021 MOTION INDUSTRIES, INC. 06/21 IL08-856552 52-50-77580-92 85.19 85.19

FREIGHT: WR

Total 147250: 943.41

147251

06/28/2021 NAPA AUTO STORE/ROCHELLE 06/21 003999 54-10-54900-92 4.89 4.89

SHOP SUPPLIES


GASKET SEALER

Total 147251: 10.87

147252

06/28/2021 NICOR 06/21 0087471000 54-10-54720-66 783.50 783.50

ACCT: 00-87-47-1000 7

Total 147252: 783.50

147253

06/28/2021 O'REILLY AUTO PARTS 06/21 4304-407224 54-10-54900-65 49.99 49.99

SMALL TOOLS

Total 147253: 49.99

147254

06/28/2021 PDC LABORATORIES, INC 06/21 I9468424 51-00-63560-53 55.00 55.00

LAB: W (1-GROSS ALPHA-SUBCONTRACTED)


LAB: W (1-RADIUM 226)


LAB: W (1-RADIUM 228)


LAB: W (2-FLUORIDE BY PROBE)


LAB: W (7 TOTAL COLIFORM & E. COLI PRES/ABSC)


LAB: W (SAMPLE FEE PICKUP)


LAB: W (FUEL SURCHARGE)


LAB: W (FUEL SURCHARGE)


LAB: W (1-PFAS BY LCMSMS)



06/28/2021 PDC LABORATORIES, INC 06/21 I9468988 52-50-10540 530.80 530.80

LAB: WR (P- FEASIBILITY STUDY FOR BAXTER WOODMAN NPDES)


LAB: WR (EFFLUENT SEMI-ANNUAL METALS TESTING)


LAB: W (3-FLUORIDE BY PROBE)


LAB: WR (4-BIOCHEMICAL OXYGEN DEMAND)


LAB: WR (2-BOD CARBONACEOUS)

20

Section VI, Item 1.






LAB: WR (6-ENVIROMENTAL FEE-LIQUID)


LAB: WR (FUEL SURCHARGE)



Total 147254: 2,237.62

147255

06/28/2021 PETTY CASH - WATER/WATER REC 06/21 061021 51-00-63610-55 4.30 4.30

POSTAGE: W (IEPA LOAN MAILING)


LAB: W (CASEY'S ICE)


POSTAGE: W (DR3900)


POSTAGE: W (LEAD & COPPER MAILING)


POSTAGE: W (DR3900 AGAIN)


POSTAGE: W (IEPA CONSUMER CONFIDENCE REPORT)

Total 147255: 94.80

147256

06/28/2021 POLLARD WATER 06/21 0192256-1 52-50-72010-65 1,490.00 1,490.00

OPERATING SUPPLIES: WR

06/28/2021 POLLARD WATER 06/21 0192256-1 52-50-77580-92 36.98 36.98

FREIGHT: WR (CST MAGNA TRAK 102 LOCATOR)

Total 147256: 1,526.98

147257

06/28/2021 QUEENS TRUCKING & CONSTRUCTION 05/21 25984 52-50-73620-51 3,610.00 3,610.00

REPAIRED SEWER: WR (MAIN ST & 5TH AVE)

06/28/2021 QUEENS TRUCKING & CONSTRUCTION 05/21 25986 54-60-10700 2,176.56 2,176.56

5KV CONVERSION LANDSCAPING

06/28/2021 QUEENS TRUCKING & CONSTRUCTION 05/21 25988 52-50-72040-65 2,744.00 2,744.00

RESTORATION: WR (12TH ST. & 5TH AVE.)

Total 147257: 8,530.56

147258

06/28/2021 RAY O'HERRON CO. INC 06/21 2121125-IN 01-21-47100-00 1,214.30 1,214.30

RAY O'HERRON'S UNIFORM

Total 147258: 1,214.30

147259

06/28/2021 REAL ESTATE PUBLISHING CORPORATION 06/21 5886 58-00-54100-00 2,000.00 2,000.00

MARKETING

Total 147259: 2,000.00

147260

21

Section VI, Item 1.





06/28/2021 ROCHELLE ACE HARDWARE 05/21 053121WWR 52-50-72010-65 317.04 317.04

TOOLS: WR


OPERATING SUPPLIES: W


OPERATING SUPPLIES: WR


DEWATERING: WR

06/28/2021 ROCHELLE ACE HARDWARE 05/21 053121WWR 51-00-10530 402.45 402.45

METER: W

06/28/2021 ROCHELLE ACE HARDWARE 05/21 053121WWR 52-50-10530 402.44 402.44

METER: WR

Total 147260: 1,683.80

147261

06/28/2021 ROCHELLE COMMUNITY HOSPITAL 06/21 4305K3298 01-22-53400-00 311.00 311.00

PRE-EMPLOYMENT PHYSICAL

Total 147261: 311.00

147262

06/28/2021 ROCHELLE FIRE PENSION FUND 06/21 06/23/2021 01-17-99930-00 12,770.95 12,770.95

50% VIDEO GAMING TAX TRANSFER

Total 147262: 12,770.95

147263

06/28/2021 ROCHELLE NEWS-LEADER 05/21 INV27371 51-00-67580-92 1,764.00 1,764.00

PUBLICATION: W (CONSUMER CONFIDENCE REPORT 2020))

Total 147263: 1,764.00

147264

06/28/2021 ROCHELLE NEWS-LEADER 05/21 INV27413 54-70-90300-91 39.00 39.00

NEWSPAPER ADS


NEWSPAPER ADS


NEWSPAPER ADS

Total 147264: 288.00

147265

06/28/2021 ROCHELLE POLICE PENSION FUND 06/21 062321 01-17-99931-00 12,770.95 12,770.95

50% VIDEO GAMING TAX TRANSFER

Total 147265: 12,770.95

147266

06/28/2021 ROGERS READY-MIX & MATERIALS 06/21 268717 51-00-62060-65 1,300.50 1,300.50

RESTORATION: W (9TH ST & LINCOLN HIGHYWAY)

06/28/2021 ROGERS READY-MIX & MATERIALS 06/21 268813 51-00-62060-65 1,530.00 1,530.00

RESTORATION: W (MAIN ST. @ FIRE STATION)

06/28/2021 ROGERS READY-MIX & MATERIALS 06/21 269013 01-41-51400-00 959.00 959.00

CYPRESS CURB / SIDEWALK

22

Section VI, Item 1.






KNIGHTS LANE CURB


921 6TH AVE

Total 147266: 4,063.50

147267

06/28/2021 SAUK VALLEY MEDIA 05/21 05211015670 59-10-91100-00 460.00 460.00

GOLF GUIDE

Total 147267: 460.00

147268

06/28/2021 SERVICE CONCEPTS, INC. 06/21 27572 55-00-54900-00 2,735.00 2,735.00

QUATERLY BILLING FOR THE HVAC PREV MAINT CONTRACT

Total 147268: 2,735.00

147269

06/28/2021 SHADY OAKS COUNTRY CLUB 06/21 062121 59-10-56100-00 500.00 500.00

DUES FOR LINCOLN HWY TOURNAMENT

Total 147269: 500.00

147270

06/28/2021 STAPLES BUSINESS CREDIT 06/21 7332320521- 01-61-65100-00 81.20 81.20

OFFICE SUPPLIES

06/28/2021 STAPLES BUSINESS CREDIT 06/21 7331033985- 64-00-83000-00 1,072.76 1,072.76

DESK

06/28/2021 STAPLES BUSINESS CREDIT 06/21 7332320521- 01-61-65100-00 2.14- 2.14-

OFFICE SUPPLIES


OFFICE SUPPLIES


OFFICE SUPPLIES: W (COMPUTER KEYBOARD)


OFFICE SUPPLIES: WR (COMPUTER KEYBOARD) )


OFFICE SUPPLIES: W (FILING SUPPLIES, WATER)


OFFICE SUPPLIES: WR (FILING SUPPLIES, WATER)


STAPLES


STAPLES

Total 147270: 1,410.57

147271

06/28/2021 TDG COMMUNICATIONS, INC 06/21 16619 56-40-54900-00 135.00 135.00

WEBSITE MAINTENANCE CITY SITE

Total 147271: 135.00

147272

23

Section VI, Item 1.





06/28/2021 TYLER TECHNOLOGIES, INC 05/21 025-336478 64-00-89000-00 573.33 573.33

MYCIVIC IMPLEMENTATION FEE

Total 147272: 573.33

147273

06/28/2021 UNIVERSAL UTILITY SUPPLY CO 06/21 3035241 54-60-59300-65 836.00 836.00

DEADEND ASSEMBLY 8FT

Total 147273: 836.00

147274

06/28/2021 VAN BUREN CONSULTING GROUP, LLC 06/21 2021-0196 01-18-53300-00 5,000.00 5,000.00

LEGAL SERVICES THROUGH 6/30/21

Total 147274: 5,000.00

147275

06/28/2021 VIKING CHEMICAL COMPANY 06/21 112406 51-00-61830-65 1,160.00 1,160.00

WELL #11- SODIUM HYPOCHLORITE SOLUTION

Total 147275: 1,160.00

147276

06/28/2021 WESCO RECEIVABLES CORP 05/21 538336 54-60-58800-65 122.50- 122.50-

CREDIT - INVENTORY NOT RECVD

06/28/2021 WESCO RECEIVABLES CORP 05/21 553436 54-60-59400-65 87.50 87.50

5" 90° ELBOW

06/28/2021 WESCO RECEIVABLES CORP 06/21 584284 54-60-15400 108,680.00 108,680.00

ELSTER 2S METER


METER, FM 12S RUD CL200 120V 3W


METER, FM 16S A3RLQ CL200 120V-480V 4W


BROOKS DISCONNECT SLEEVES

06/28/2021 WESCO RECEIVABLES CORP 06/21 600995 54-60-58600-65 1,612.80 1,612.80

1S METERS

06/28/2021 WESCO RECEIVABLES CORP 05/21 510569 54-60-58500-65 4,688.00 4,688.00

LTG RFL 215W96LED 4K

06/28/2021 WESCO RECEIVABLES CORP 05/21 510569A 54-60-58500-65 4,688.00 4,688.00

LTG RFL 215 W 96LED 4K

06/28/2021 WESCO RECEIVABLES CORP 05/21 510569B 54-60-58500-65 4,688.00 4,688.00

LTG RFL 215W96LED

Total 147276: 136,297.08

147277

06/28/2021 WHEELER WORLD, INC. 06/21 13279 54-10-55300-61 4,671.35 4,671.35

FIELD SERVICE ENGINE # 10

Total 147277: 4,671.35

147278

06/28/2021 WHITTAKER CONSTRUCTION & EXCAVATING 05/21 2031K004-PA 54-60-10700 220,412.07 220,412.07

RITCHIE RD SUBSTATION

24

Section VI, Item 1.





Total 147278: 220,412.07

147279

06/28/2021 WILLIAM CHARLES ELECTRIC 06/21 8216135-01 01-41-61400-00 192.00 192.00

HAND HOLE LID

Total 147279: 192.00

147280

06/28/2021 WRHL 05/21 1996-00005- 54-90-90300-91 333.33 333.33

RETAIL ADVISORY BOARD CONTRACT

06/28/2021 WRHL 05/21 1996-00032- 54-90-90300-91 10.00 10.00

RETAIL ADVISORY BOARD CONTRACT

Total 147280: 343.33

147281

06/28/2021 ZARNOTH BRUSH WORKS, INC 06/21 0185336-IN 01-41-61300-00 788.00 788.00

SWEEPER BROOM

Total 147281: 788.00

147282

06/28/2021 ZOLL MEDICAL CORP 03/21 3037858-rem 01-22-83000-00 26,552.67 26,552.67

CARDIAC MONITOR

Total 147282: 26,552.67

147283

06/28/2021 SUNSET CINEMA, LLC 06/21 4037 19-60-91190-00 2,400.00 2,400.00

MOVIE IN THE PARK SCREEN RENTAL

Total 147283: 2,400.00

Grand Totals: 834,200.35

Summary by General Ledger Account Number

GL Account Debit Credit Proof

01-00-23300 8.14 73,698.69- 73,690.55-

01-11-12167 620.00 .00 620.00

01-11-36700 500.00 .00 500.00

01-13-56200-000 39.45 .00 39.45

01-17-54900-000 2,150.00 .00 2,150.00

01-17-65400-000 29.75 .00 29.75

01-17-91100-000 250.00 .00 250.00

01-17-99930-000 12,770.95 .00 12,770.95

01-17-99931-000 12,770.95 .00 12,770.95

01-18-53300-000 5,000.00 .00 5,000.00

01-19-56100-000 341.50 .00 341.50

01-19-92900-000 180.00 .00 180.00

01-21-47100-000 1,325.30 .00 1,325.30

01-21-65100-000 60.94 .00 60.94

25

Section VI, Item 1.




01-21-91700-000 49.99 .00 49.99

01-22-51200-000 3,219.87 .00 3,219.87

01-22-53400-000 311.00 .00 311.00

01-22-56100-000 500.00 .00 500.00

01-22-59400-000 77.84 .00 77.84

01-22-65200-000 698.71 .00 698.71

01-22-65400-000 86.79 .00 86.79

01-22-68400-000 194.35 .00 194.35

01-22-83000-000 26,552.67 .00 26,552.67

01-41-51400-000 1,096.00 .00 1,096.00

01-41-53600-000 72.51 .00 72.51

01-41-61300-000 788.00 .00 788.00

01-41-61400-000 2,121.95 .00 2,121.95

01-41-83000-000 1,263.97 .00 1,263.97

01-48-68400-000 545.00 .00 545.00

01-61-65100-000 81.20 8.14- 73.06

12-00-23300 .00 13,070.25- 13,070.25-

12-00-59200-000 13,070.25 .00 13,070.25

19-00-23300 .00 3,421.63- 3,421.63-

19-30-65200-000 30.00 .00 30.00

19-60-91190-000 3,391.63 .00 3,391.63

36-00-23300 .00 37,244.66- 37,244.66-

36-00-86502-000 37,244.66 .00 37,244.66

51-00-10530 14,320.05 .00 14,320.05

51-00-23300 .00 35,789.91- 35,789.91-

51-00-61830-656 5,290.39 .00 5,290.39

51-00-62010-652 3,272.68 .00 3,272.68

51-00-62050-652 4,135.00 .00 4,135.00

51-00-62060-652 3,933.99 .00 3,933.99

51-00-62080-651 76.92 .00 76.92

51-00-63560-539 1,092.67 .00 1,092.67

51-00-63610-551 88.95 .00 88.95

51-00-63610-579 73.76 .00 73.76

51-00-63680-539 399.75 .00 399.75

51-00-65060-513 39.00 .00 39.00

51-00-65810-454 1,081.58 .00 1,081.58

51-00-67580-929 1,985.17 .00 1,985.17

52-00-23300 .00 39,029.94- 39,029.94-

52-10-72050-652 539.40 .00 539.40

52-30-72060-612 32.36 .00 32.36

52-50-10530 14,320.04 .00 14,320.04

52-50-10540 850.80 .00 850.80

52-50-70480-563 224.00 .00 224.00

52-50-72010-652 3,563.87 .00 3,563.87

52-50-72040-652 6,802.22 .00 6,802.22

52-50-72080-651 76.90 .00 76.90

52-50-73550-539 916.39 .00 916.39

52-50-73620-512 3,610.00 .00 3,610.00

52-50-73680-539 399.75 .00 399.75

52-50-75060-513 5,961.74 .00 5,961.74

52-50-75810-454 1,562.42 .00 1,562.42

52-50-77580-929 170.05 .00 170.05

54-00-23300 122.50 611,026.43- 610,903.93-

54-10-54720-660 783.50 .00 783.50

54-10-54800-474 175.21 .00 175.21

54-10-54900-612 14,019.70 .00 14,019.70

54-10-54900-653 49.99 .00 49.99

54-10-54900-661 1,806.14 .00 1,806.14

26

Section VI, Item 1.




54-10-54900-929 20.05 .00 20.05

54-10-55300-612 4,671.35 .00 4,671.35

54-20-55500-576 64.25 .00 64.25

54-30-55300-539 120,611.46 .00 120,611.46

54-30-55300-612 586.02 .00 586.02

54-35-54720-660 29,916.20 .00 29,916.20

54-60-10700 235,726.75 .00 235,726.75

54-60-15400 128,584.12 .00 128,584.12

54-60-58500-652 14,064.00 .00 14,064.00

54-60-58600-652 1,684.08 .00 1,684.08

54-60-58800-532 9,394.50 .00 9,394.50

54-60-58800-539 4,576.00 .00 4,576.00

54-60-58800-549 59.71 .00 59.71

54-60-58800-562 85.68 .00 85.68

54-60-58800-563 425.00 .00 425.00

54-60-58800-612 1.56 .00 1.56

54-60-58800-651 3,946.99 .00 3,946.99

54-60-58800-652 58.23 122.50- 64.27-

54-60-59300-515 8,820.00 .00 8,820.00

54-60-59300-652 836.00 .00 836.00

54-60-59400-652 235.25 .00 235.25

54-70-90300-549 5.00 .00 5.00

54-70-90300-552 40.00 .00 40.00

54-70-90300-911 288.00 .00 288.00

54-80-10700 22,400.00 .00 22,400.00

54-90-90300-911 343.33 .00 343.33

54-90-92100-561 4,258.36 .00 4,258.36

54-90-92500-454 2,490.00 .00 2,490.00

55-00-23300 .00 3,548.96- 3,548.96-

55-00-54900-000 3,020.00 .00 3,020.00

55-32-37315 237.00 .00 237.00

55-32-65200-000 291.96 .00 291.96

56-00-23300 .00 135.00- 135.00-

56-40-54900-000 135.00 .00 135.00

57-00-23300 .00 879.50- 879.50-

57-00-38200 105.00 .00 105.00

57-00-45400-000 774.50 .00 774.50

58-00-23300 .00 7,000.00- 7,000.00-

58-00-54100-000 2,000.00 .00 2,000.00

58-00-54920-000 5,000.00 .00 5,000.00

59-00-23300 .00 7,294.93- 7,294.93-

59-00-45400-000 575.25 .00 575.25

59-00-89000-000 2,944.25 .00 2,944.25

59-10-56100-000 500.00 .00 500.00

59-10-57100-000 104.99 .00 104.99

59-10-65200-000 765.02 .00 765.02

59-10-91100-000 460.00 .00 460.00

59-20-51200-000 107.20 .00 107.20

59-20-61700-000 1,838.22 .00 1,838.22

64-00-23300 .00 2,191.09- 2,191.09-

64-00-56100-000 155.00 .00 155.00

64-00-83000-000 1,072.76 .00 1,072.76

64-00-89000-000 573.33 .00 573.33

64-00-91100-000 390.00 .00 390.00

Grand Totals: 834,461.63 834,461.63- .00

27

Section VI, Item 1.



Report Criteria:



28

Section VI, Item 1.


Check Issue Dates: 6/29/2021 - 7/6/2021 Jul 06, 2021 02:21PM

Report Criteria:





147284

06/29/2021 INDEVCON, INC. 06/21 62116038 54-60-58800-54 500.00 500.00

ENGINEERING SERVICES

06/29/2021 INDEVCON, INC. 06/21 62116038 36-00-82000-00 500.00 500.00


06/29/2021 INDEVCON, INC. 06/21 62116038 51-00-10540 500.00 500.00

ENGINEERING SERVICES: W

06/29/2021 INDEVCON, INC. 06/21 62116038 52-50-10540 500.00 500.00

ENGINEERING SERVICES: WR

Total 147284: 2,000.00

147285

07/06/2021 AERZEN USA CORPORATION 06/21 SEPI-21-003 52-50-72040-65 1,213.20 1,213.20

EQUIPMENT: WR (FILTERS)

07/06/2021 AERZEN USA CORPORATION 06/21 SEPI-21-003 52-50-77580-92 116.35 116.35

FREIGHT: WR

Total 147285: 1,329.55

147286

07/06/2021 AMAZON CAPITAL SERVICES 06/21 166C-6XNR- 19-60-91190-00 76.40- 76.40-

MOVIE IN THE PARK

07/06/2021 AMAZON CAPITAL SERVICES 06/21 1YTM-4DDK- 54-60-58800-65 159.95 159.95

BATTERY BACK UP- JULIE COMPUTER

07/06/2021 AMAZON CAPITAL SERVICES 07/21 1TVR-P699- 55-00-65200-00 195.00 195.00

OPERATING SUPPLIES: TECH CENTER

07/06/2021 AMAZON CAPITAL SERVICES 07/21 1XTK-L97L-7 19-60-91190-00 264.90- 264.90-

MOVIE IN THE PARK

Total 147286: 13.65

147287

07/06/2021 ANDERSON PLUMBING & HTG, INC 06/21 99882 51-00-62060-65 412.20 412.20

DISTRIBUTION MAINTENANCE: W (900 AVENUE B)


DISTRIBUTION MAINTENANCE: W (1137 N 14TH STREET)


DISTRIBUTION MAINTENANCE: W (1211 CURRENCY COURT)

Total 147287: 727.00

147288

07/06/2021 ANIXTER, INC 06/21 4991566-00 54-60-15400 312.57 312.57

ARRESTER, SURGE, RISER 10KV

07/06/2021 ANIXTER, INC 07/21 4910918-03 54-60-15400 306.00 306.00

DEADEND SHOE, CU .16"-.40"; #6-2/0

Total 147288: 618.57

147289

07/06/2021 ARC DOCUMENT SOLUTIONS, LLC 06/21 A87294 01-48-51200-00 156.00 156.00

OCE COLORWAVE 500 MAINTENANCE AND COPY FEE

29

Section VI, Item 1.





Total 147289: 156.00

147290

07/06/2021 BERG-JOHNSON 06/21 14796 54-60-58600-54 50.00 50.00

CUSTOMER HAD POWER CHECKED DUE TO RMU MISTAKE

Total 147290: 50.00

147291

07/06/2021 BLACKHAWK WATERWAYS 07/21 070121 19-20-54910-00 2,000.00 2,000.00

BLACKHAWK WATERWAYS

Total 147291: 2,000.00

147292

07/06/2021 CAPITAL ONE TRADE CREDIT 06/21 48194027 54-60-58800-65 289.42 289.42

NSTAR 26GAL SPRAYER

Total 147292: 289.42

147293

07/06/2021 CAPPEL'S COMPLETE CAR CARE 06/21 425854 54-60-18450 39.00 39.00

TRUCK TEST


TRUCK TEST


TRUCK TEST

Total 147293: 117.00

147294

07/06/2021 CARUS LLC 06/21 SLS 1009299 52-20-71850-65 2,509.15 2,509.15

LANDFILL CHEMICALS: ODOR CONTOL

Total 147294: 2,509.15

147295

07/06/2021 CEANTAR SIORALAINN INC. 06/21 1010 01-21-65800-00 117.00 117.00

CEANTAR SIORALAINN INC DRY CLEANING

Total 147295: 117.00

147296

07/06/2021 CINTAS 06/21 5064354288 54-10-54800-47 63.60 63.60

MEDICINE CABINETS

07/06/2021 CINTAS 06/21 5067459122 54-60-58800-66 58.52 58.52

MEDICINE CABINETS

07/06/2021 CINTAS 06/21 5067459172 55-00-54900-00 128.14 128.14

MEDICINE CABINETS

Total 147296: 250.26

147297

07/06/2021 CINTAS 06/21 4087685880 01-21-65200-00 71.98 71.98

CINTAS

30

Section VI, Item 1.





07/06/2021 CINTAS 06/21 4088055399 52-50-73680-53 70.27 70.27

CINTAS MATS: WR

07/06/2021 CINTAS 06/21 4088055452 52-50-73680-53 53.49 53.49

CINTAS MATS: WR

07/06/2021 CINTAS 06/21 4088055452 51-00-60480-47 2.72 2.72

CINTAS UNIFORMS: W (LAB COATS)

07/06/2021 CINTAS 06/21 4088055452 52-50-70480-47 2.72 2.72

CINTAS UNIFORMS: WR (LAB COATS)

07/06/2021 CINTAS 06/21 4088499751 54-60-58800-54 48.42 48.42

ELEC DEPT MATS

07/06/2021 CINTAS 06/21 4088499789 54-10-54800-47 172.12 172.12

MATS,TOWELS,MOPS

Total 147297: 421.72

147298

07/06/2021 COOPERATIVE RESPONSE CENTER, INC. 06/21 0132111 54-70-90300-54 2,571.32 2,571.32

BASE FEE, INBOUND/OUTBOUND VOICE, MISC

Total 147298: 2,571.32

147299

07/06/2021 CRESCENT ELECTRIC SUPPLY 06/21 S509251422. 54-60-59400-65 347.31 347.31

30 SPACE PANEL FOR CHARGING STATION


SQUARE D BREAKER


SQUARE D BREAKERS


SQUARE D BREAKERS


TRACER WIRE

Total 147299: 676.42

147300

07/06/2021 CURRAN CONTRACTING COMPANY 06/21 21753 51-00-62060-65 1,009.80 1,009.80

RESTORATION: W

Total 147300: 1,009.80

147301

07/06/2021 DAYLIGHT SALES, LLC 06/21 136955 19-30-91100-00 956.82 956.82

SHIRTS & HATS FOR RESALE @ RAILROAD PARK

Total 147301: 956.82

147302

07/06/2021 DISH 06/21 061721 55-00-54900-00 54.56 54.56

MONTHLY TV CHARGES

Total 147302: 54.56

147303

07/06/2021 FASTENAL 06/21 ILROH95851 54-60-58800-65 88.46 88.46

SDS MAX 5/8X21.5

31

Section VI, Item 1.





07/06/2021 FASTENAL 06/21 ILROH95851 54-60-58800-65 71.99 71.99

SDS MAX 5/8X13.5

07/06/2021 FASTENAL 06/21 ILROH95851 54-60-58800-65 94.50 94.50

5/8X10WDGANCHR

Total 147303: 254.95

147304

07/06/2021 FERGUSON WATERWORKS #2516 06/21 0397067 51-00-10530 56.91 56.91

METER: W (REG 2 HPT P/C CF PIT)


METER: WR (1-REG 2 HPT P/C CF PIT)

07/06/2021 FERGUSON WATERWORKS #2516 06/21 0397067 51-00-67580-92 9.38 9.38

FREIGHT: W


FREIGHT: WR

07/06/2021 FERGUSON WATERWORKS #2516 06/21 0397083 51-00-10530 1,334.32 1,334.32

METER: W

07/06/2021 FERGUSON WATERWORKS #2516 06/21 0397083 52-50-10530 1,334.32 1,334.32

METER: WR


METER: W


METER: WR


OPERATING SUPPLY: W (10-1-1/4X6X2 MINN CURB BOX)


OPERATING SUPPLY: W (1- LF 2X1-1/2 MXF AWWA BUSH)


OPERATING SUPPLY: W (1-1/4X6 CURB BX THRD REP COUP)


OPERATING SUPPLY: W (12-1 1/4 TAP CURB BX LID W/PLUG)

Total 147304: 4,287.07

147305

07/06/2021 FISCHERS, INC. 05/21 0732630-001 01-48-65100-00 97.93 97.93

OFFICE SUPPLIES

07/06/2021 FISCHERS, INC. 06/21 0732838-001 01-48-65100-00 41.98 41.98

OFFICE SUPPLIES

07/06/2021 FISCHERS, INC. 06/21 0733075-001 64-00-65100-00 35.00 35.00

TOTAL COPY PLAN CHARGE

07/06/2021 FISCHERS, INC. 06/21 0733092-001 51-00-62080-65 57.52 57.52

TOTAL COPY PLAN CHARGE: W (FISCHERS)

07/06/2021 FISCHERS, INC. 06/21 0733092-001 52-50-72080-65 57.52 57.52

TOTAL COPY PLAN CHARGE: WR (FISCHERS)

07/06/2021 FISCHERS, INC. 06/21 0733093-001 54-60-58800-65 80.00 80.00

TOTAL COPY PLAN CHARGE

Total 147305: 369.95

147306

07/06/2021 FISHER SCIENTIFIC 06/21 0624880 52-10-72050-65 794.15 794.15

LAB: WR (1-ELECTRODE AMMONIA W/BNC)


LAB: WR (3PK-MICRO SLIDES 75-25MM PLN 144PK)

32

Section VI, Item 1.






LAB: W (3PK-CS WHIRLPAK)


FREIGHT: W


FREIGHT: WR

Total 147306: 1,317.05

147307

07/06/2021 FRIDAY, MARGARET 06/21 062421 01-61-55200-00 40.00 40.00


Total 147307: 40.00

147308

07/06/2021 FRONTIER 06/21 061921 01-21-55200-00 518.61 518.61

ACCT # 630-159-0297-082910-5

07/06/2021 FRONTIER 06/21 061921 01-22-55200-00 117.90 117.90

ACCT # 630-159-0297-082910-5

07/06/2021 FRONTIER 06/21 061921 52-50-73650-55 190.57 190.57

ACCT # 630-159-0297-082910-5

07/06/2021 FRONTIER 06/21 061921 54-10-54800-55 60.28 60.28

ACCT # 630-159-0297-082910-5

07/06/2021 FRONTIER 06/21 061921 54-60-58800-55 107.87 107.87

ACCT # 630-159-0297-082910-5

07/06/2021 FRONTIER 06/21 061921 54-90-92100-55 95.42 95.42

ACCT # 630-159-0297-082910-5

07/06/2021 FRONTIER 06/21 061921 57-00-55200-00 76.08 76.08

ACCT # 630-159-0297-082910-5

Total 147308: 1,166.73

147309

07/06/2021 FRONTIER NORTH INC 06/21 6103R953-S- 56-40-54900-00 1,138.06 1,138.06

BILL NO: 6103R953S3

Total 147309: 1,138.06

147310

07/06/2021 FS.COM 06/21 IN102106240 55-32-65200-00 561.00 561.00

FIBER PATCH CABLES

07/06/2021 FS.COM 06/21 IN102106300 55-32-65200-00 21.72 21.72

FIBER PATCH CABLES

Total 147310: 582.72

147311

07/06/2021 GALLS, LLC 06/21 018546946 01-21-65200-00 456.50 456.50

GALLS

Total 147311: 456.50

147312

07/06/2021 GLOBALSTAR USA 06/21 0000000168 54-60-58800-55 90.86 90.86

ORBIT 100 PLAN

33

Section VI, Item 1.





Total 147312: 90.86

147313

07/06/2021 GORDON FLESCH CO., INC 06/21 IN13359960 01-21-51200-00 196.45 196.45

GORDON FLESCH

Total 147313: 196.45

147314

07/06/2021 GREDCO 06/21 063021 58-00-54900-00 8,512.15 8,512.15

PER AGREEMENT PASSED OCT 15, 2019 BY CITY COUNCIL - 1ST & 2ND QU

Total 147314: 8,512.15

147315

07/06/2021 HACKBARTH BROS. LLC 06/21 3276 01-41-51300-00 659.98 659.98

SEMI REPAIRS

Total 147315: 659.98

147316

07/06/2021 HAGEMANN HORTICULTURE LLC 05/21 239 01-44-54920-00 1,150.00 1,150.00

HANGING BASKETS MAINT.





Total 147316: 3,450.00

147317

07/06/2021 HELFRICH TRUCKING EXCAVATING, LLC 06/21 288 51-00-62010-65 335.00 335.00

EXCAVATOR: W


EXCAVATOR: WR


750 DOZER MOVE

Total 147317: 950.00

147318

07/06/2021 HINCKLEY SPRINGS 06/21 10164186 06 01-21-65200-00 213.84 213.84

HINCKLEY SPRINGS


COOLER RENTAL & WATER DELIVERY


COOLER RENTAL & WATER DELIVERY

Total 147318: 494.83

147319

07/06/2021 IEPA 06/21 ILR002973(A 57-00-92900-00 500.00 500.00

IEPA ANNUAL STORMWATER INDUSTRIAL

Total 147319: 500.00

34

Section VI, Item 1.





147320

07/06/2021 IL ASS0C OF CHIEFS OF POLICE 06/21 8342 01-21-56300-00 45.00 45.00

IL ASSC CHIEFS

07/06/2021 IL ASS0C OF CHIEFS OF POLICE 06/21 8343 01-21-56300-00 45.00 45.00

IL. ASSC OF CHIEFS

Total 147320: 90.00

147321



Total 147321: 56.00

147322

07/06/2021 LAWN CARE SERVICE, INC. 06/21 062021-1132 19-30-51100-00 496.00 496.00

LANDSCAPING - RR PARK

Total 147322: 496.00

147323

07/06/2021 LAWSON PRODUCTS, INC. 06/21 9308573827 54-60-58800-66 263.18 263.18

SQWINCHER FREEZER POPS

Total 147323: 263.18

147324


REMAINING PAYMENT FROM 2020

Total 147324: 11,631.42

147325

07/06/2021 MESSER, SUSAN 06/21 063021 01-13-56200-00 34.44 34.44

MILEAGE - OGLE & LEE COUNTIES

Total 147325: 34.44

147326

07/06/2021 MIDWEST ENGINEERING CONSULTANT, LTD. 06/21 0011141-IN 54-60-58200-54 3,500.00 3,500.00

TRANSFORMER OIL TESTING

07/06/2021 MIDWEST ENGINEERING CONSULTANT, LTD. 06/21 0011148-IN 52-50-73680-53 4,343.75 4,343.75

ARCH FLASH STUDY: WR (TREATMENT PLANT 2/8 THRU 2/21)

Total 147326: 7,843.75

147327

07/06/2021 MOTOROLA SOLUTIONS - STARCOM 06/21 5775220210 01-21-56100-00 1,088.00 1,088.00

MOTOROLA STARCOM

Total 147327: 1,088.00

147328

07/06/2021 NAPA AUTO STORE/ROCHELLE 06/21 004572 54-60-18450 53.98 53.98

22" TRICO WIPER BLADE


GASKET SEALER

35

Section VI, Item 1.





Total 147328: 56.97

147329

07/06/2021 NEXT MOVE GROUP, LLC 07/21 1910 58-00-54100-00 9,750.00 9,750.00

WORKFORCE STUDY

Total 147329: 9,750.00

147330

07/06/2021 NICOR 06/21 6457471000 54-30-54720-66 222.47 222.47

ACCT: 64-57-47-1000 6

Total 147330: 222.47

147331

07/06/2021 OMEGA PEST CONTROL, INC. 03/21 041827 54-60-58200-51 100.00 100.00

SUBSTATION INSECT CONTROL


RMU OFFICE RODENT TRAPS


RMU OFFICE INSECT CONTROL




SUBSTATION RODENT TRAPS




OMEGA PEST

Total 147331: 485.00

147332

07/06/2021 PITNEY BOWES 06/21 062521 54-70-90300-55 503.50 503.50

POSTAGE ACC# 8000-9000-1128-9208

Total 147332: 503.50

147333

07/06/2021 PITNEY BOWES 06/21 3104818641 54-70-90300-55 173.82 173.82

POSTAGE MACHINE LEASE

Total 147333: 173.82

147334

07/06/2021 PRINTING ETC., INC. 06/21 21-0157 01-21-55400-00 186.50 186.50

PRINTING ETC

Total 147334: 186.50

147335

07/06/2021 RAY O'HERRON CO. INC 06/21 2123371-IN 01-21-47100-00 158.96 158.96

RAY O HERRON OWEN UNIFORMS

07/06/2021 RAY O'HERRON CO. INC 06/21 2123983-IN 01-21-47100-00 52.99 52.99

RAY O HERRON OWEN UNIFORMS

36

Section VI, Item 1.





Total 147335: 211.95

147336

07/06/2021 RK DIXON CO. 06/21 IN520596 55-00-51200-00 570.48 570.48

RK DIXON MONTHLY CONTRACT

Total 147336: 570.48

147337

07/06/2021 ROBERSON, SANDRA 06/21 062421 01-11-36900 500.00 500.00

REFUND ROW DEPOSIT

Total 147337: 500.00

147338

07/06/2021 ROCHELLE ACE HARDWARE 07/21 063021AIRP 57-00-61100-00 190.95 190.95

BUILDING SUPPLIES

07/06/2021 ROCHELLE ACE HARDWARE 06/21 063021DIST 54-60-58800-65 11.68 11.68

MISC. PARTS


OFFICE SUPPLIES


MAINT SUPPLIES- GROUNDS


UNDERGROUND SUPPLIES


MISC TOOLS

07/06/2021 ROCHELLE ACE HARDWARE 06/21 063021FIRE 01-22-61100-00 159.90 159.90

BUILDING SUPPLIES

07/06/2021 ROCHELLE ACE HARDWARE 06/21 063021TECH 55-32-65200-00 26.95 26.95

OPERATING SUPPLIES ADVANCED COMMUNICATIONS

Total 147338: 719.34

147339

07/06/2021 ROCHELLE IL CHAMBER OF COMMERCE 06/21 8042 01-19-56100-00 8,500.00 8,500.00

CHAMBER MEMBERSHIP

Total 147339: 8,500.00

147340

07/06/2021 ROCKFORD MERCANTILE AGENCY 06/21 062821 54-70-90300-58 73.68 73.68

COLLECTION FEES ENDING 5/31/21

Total 147340: 73.68

147341

07/06/2021 SECURITY LOCK INC. 06/21 14118 01-17-51100-00 60.00 60.00

SECURITY LOCK

Total 147341: 60.00

147342

07/06/2021 SERVICE CONCEPTS, INC. 06/21 27665 55-00-51100-00 360.00 360.00

HVAC MAINTENANCE

37

Section VI, Item 1.





Total 147342: 360.00

147343

07/06/2021 SLATE ROCK SAFETY 06/21 294 54-60-58800-83 342.58 342.58

SUMMER T-SHIRTS

07/06/2021 SLATE ROCK SAFETY 06/21 297 54-60-58800-83 334.20 334.20

LAPCO FR OVERALLS

Total 147343: 676.78

147344


RETURN ADDRESS STAMP


OFFICE SUPPLIES: W


OFFICE SUPPLIES: WR (COMPUTER KEYBOARD) )


TONER CARTRIDGE DIESEL PLANT


OFFICE SUPPLIES: W (FRAMES, COFFEE CUPS, SHARPIES, COPY PAPER)


OFFICE SUPPLIES: WR (FRAMES, COFFEE CUPS, SHARPIES, COPY PAPER


DRAWER ORGANIZER

Total 147344: 424.31

147345

07/06/2021 TRUGREEN PROCESSING CENTER 06/21 141075766 57-00-51700-00 490.41 490.41

LAWN SERVICE @ KORITZ FIELD

07/06/2021 TRUGREEN PROCESSING CENTER 06/21 141075982 57-00-51700-00 73.87 73.87

LAWN SERVICE @ AIRPORT HOUSE

Total 147345: 564.28

147346

07/06/2021 TURNER, DEBBIE 07/21 2503 51-00-63680-53 380.00 380.00

CLEANING SERVICE - WWR

07/06/2021 TURNER, DEBBIE 07/21 2503 55-00-51200-00 150.00 150.00

CLEANING SERVICE - TECH

07/06/2021 TURNER, DEBBIE 07/21 2503 54-60-58800-54 250.00 250.00

CLEANING SERVICE - ELECTRIC

07/06/2021 TURNER, DEBBIE 07/21 2503 54-70-90300-53 540.00 540.00

CLEANING SERVICE - RMU ADMIN

Total 147346: 1,320.00

147347

07/06/2021 USA BLUEBOOK 02/21 504364 51-00-62050-65 89.95 89.95

OPERATING SUPPLIES: W (LEATHERMAN SUPER TOOL 300)

07/06/2021 USA BLUEBOOK 02/21 504364 51-00-62050-65 65.90 65.90

OPERATING SUPPLIES: W (2-STREAMLIGHT STULUS PRO LED PENLIGHT) )

07/06/2021 USA BLUEBOOK 02/21 504364 51-00-67580-92 13.88 13.88

FREIGHT: W

38

Section VI, Item 1.





07/06/2021 USA BLUEBOOK 02/21 510674 51-00-63610-57 127.60 127.60

LAB: W (DIGITAL BOTTLE THERMOMETER C/F)

07/06/2021 USA BLUEBOOK 02/21 510868 51-00-63610-57 14.49 14.49

LAB: W (1-ALCOHOL BURNER GLASS W/METAL CAP 150ML)

07/06/2021 USA BLUEBOOK 02/21 510868 51-00-63610-57 124.50 124.50

LAB: W (6-HACH TOTAL CHLORINE CHEMKEY REAGENTS)

07/06/2021 USA BLUEBOOK 02/21 510868 51-00-63610-57 207.50 207.50

LAB: W (10-HACH FREE CHLORINE CHEMKEY REAGENTS)

07/06/2021 USA BLUEBOOK 02/21 510868 51-00-67580-92 13.67 13.67

FREIGHT: W

07/06/2021 USA BLUEBOOK 02/21 515334 51-00-62050-65 529.50 529.50

OPERATING SUPPLIES: W (STEEL HYDRANT MARKER 4' W/FLAG)

07/06/2021 USA BLUEBOOK 02/21 515334 51-00-67580-92 89.83 89.83

FREIGHT: W

07/06/2021 USA BLUEBOOK 03/21 554466 52-10-72050-65 84.95 84.95

LAB: WR (1-STERILE PETRI DISH W/PAD)

07/06/2021 USA BLUEBOOK 03/21 554466 52-10-72050-65 22.10 22.10

LAB: WR (1-ORION PH 4.01 BUFFER SOLUTION)

07/06/2021 USA BLUEBOOK 03/21 554466 52-10-72050-65 22.10 22.10

LAB: WR (1-ORION PH 7.00 BUFFER SOLUTION PINK 475ML)

07/06/2021 USA BLUEBOOK 03/21 554466 52-10-72050-65 22.10 22.10

LAB: WR (1-ORION PH 10.01 BUFFER SOLUTION BLUE 475ML)

07/06/2021 USA BLUEBOOK 03/21 554466 52-10-72050-65 82.95 82.95

LAB: WR (1-AMMONIA STANDARD 1000PPM 475ML ORION 951007)

07/06/2021 USA BLUEBOOK 03/21 554466 52-10-72050-65 73.30 73.30

LAB: WR (1-AMMONIA ELECTRODE STORAGE)

07/06/2021 USA BLUEBOOK 03/21 554466 52-10-72050-65 115.95 115.95

LAB: WR ( 1-FILTER MEMBRANES STERILE W/O PADS)

07/06/2021 USA BLUEBOOK 03/21 554466 52-50-77580-92 12.56 12.56

FREIGHT: WR

07/06/2021 USA BLUEBOOK 03/21 555887 51-00-63610-57 124.50 124.50

LAB: W (6-HACH TOTAL CHLORING CHEMKEY REAGENTS)

07/06/2021 USA BLUEBOOK 03/21 555887 51-00-67580-92 14.04 14.04

FREIGHT: W

07/06/2021 USA BLUEBOOK 04/21 563006 51-00-62050-65 93.90 93.90

OPERATING SUPPLIES: W (2-1-STEEL SUCTION STRAINER 3')

07/06/2021 USA BLUEBOOK 04/21 563006 51-00-67580-92 14.82 14.82

FREIGHT: W

07/06/2021 USA BLUEBOOK 04/21 565735 51-00-63610-57 146.34 146.34

LAB: W (6-HACH DISSOLVED IRON CHEMKEY REAGENTS)

07/06/2021 USA BLUEBOOK 04/21 565735 52-10-72050-65 122.85 122.85

LAB: WR (3-VACU-GUARD DISPOSABLE IN-LINE FILTER )

07/06/2021 USA BLUEBOOK 04/21 565735 52-10-72050-65 295.77 295.77

LAB: WR (3- HACH NITROGEN-NITRATE TEST 'N TUBE SET, 50 TESTS)

07/06/2021 USA BLUEBOOK 04/21 565735 52-10-72050-65 12.35 12.35

LAB: WR (1-SODIUM HYDROXIDE, 1.0 N 500ML)

07/06/2021 USA BLUEBOOK 04/21 565735 52-50-77580-92 32.34 32.34

FREIGHT: WR

07/06/2021 USA BLUEBOOK 04/21 567038 52-10-72050-65 187.00 187.00

LAB: WR (2-RESIDUAL CHLORINE STD ORION 100 PPM 475ML)

07/06/2021 USA BLUEBOOK 04/21 569817 52-10-72050-65 20.30 20.30

LAB: WR (ACETONE ACS GRADE 500ML)

07/06/2021 USA BLUEBOOK 04/21 569817 52-50-77580-92 10.81 10.81

FREIGHT: WR

07/06/2021 USA BLUEBOOK 04/21 572928 52-10-72050-65 38.95 38.95

LAB: WR (1-HACH FERROVER URIB ACCYVAC AMPULES 25/PK)

39

Section VI, Item 1.





07/06/2021 USA BLUEBOOK 04/21 572928 52-10-72050-65 15.55 15.55

LAB: WR (1-HACH BUFFER 7.00 (YELLOW) 500ML

07/06/2021 USA BLUEBOOK 04/21 572928 52-10-72050-65 15.55 15.55

LAB: WR (1-CONDUCTIVITY SOLUTION 447 US 500 ML)

07/06/2021 USA BLUEBOOK 04/21 572928 52-10-72050-65 68.30 68.30

LAB: WR (ETHANOL, 95% DENATURED 1 LTR)

07/06/2021 USA BLUEBOOK 04/21 572928 52-50-77580-92 29.43 29.43

FREIGHT: WR

07/06/2021 USA BLUEBOOK 04/21 584099 51-00-63610-57 114.38 114.38

LAB: W (2-PIPET TIP FOR 19700-10 PK/250)

07/06/2021 USA BLUEBOOK 04/21 584099 51-00-63610-57 124.50 124.50

LAB: W (6-HACH TOTAL CHLORINE CHEMKEY REAGENTS)

07/06/2021 USA BLUEBOOK 04/21 584099 51-00-63610-57 51.30 51.30

LAB: W ( 2-HACH FLURIDE STANDARD SOLUTION 1.0 MG/L 500 ML)

07/06/2021 USA BLUEBOOK 04/21 584099 52-10-72050-65 48.70 48.70

LAB: WR (2-COD STANDARD SOLUTION 1000 PPM 200 ML)

07/06/2021 USA BLUEBOOK 04/21 584099 51-00-67580-92 11.91 11.91

FREIGHT: W

07/06/2021 USA BLUEBOOK 05/21 610738 51-00-63610-57 124.50 124.50

LAB: W (HACH TOTAL CHLORING CHEMKEY REAGENTS)

07/06/2021 USA BLUEBOOK 05/21 610738 51-00-67580-92 14.01 14.01

FREIGHT: W

07/06/2021 USA BLUEBOOK 05/21 612084 51-00-62050-65 86.95 86.95

OPERATING SUPPLIES: W (1-WATTS LF25AUB-RK PRESSURE REPAIR KIT 3/

07/06/2021 USA BLUEBOOK 05/21 612084 51-00-67580-92 12.81 12.81

FREIGHT: W

07/06/2021 USA BLUEBOOK 06/21 622282 51-00-63610-57 124.50 124.50

LAB: W (6-HACH FREE CHLORINE CHEMKEY REAGENTS 25/PK)

07/06/2021 USA BLUEBOOK 06/21 622282 51-00-63610-57 158.78 158.78

LAB: WR (2-HACH TOTAL PHOSPATE TNT 50 TESTS)

07/06/2021 USA BLUEBOOK 06/21 622282 51-00-67580-92 16.59 16.59

FREIGHT: W

07/06/2021 USA BLUEBOOK 06/21 622282 52-50-77580-92 16.59 16.59

FREIGHT: WR

07/06/2021 USA BLUEBOOK 06/21 629611 52-10-72050-65 285.90 285.90

LAB: WR (1-SEROLOGICAL PIPET 2 ML LARGE OPENING REUSABLE)

07/06/2021 USA BLUEBOOK 06/21 629611 52-50-77580-92 10.17 10.17

FREIGHT: WR

07/06/2021 USA BLUEBOOK 06/21 629680 52-10-72050-65 44.20 44.20

LAB: WR (2-ORION PH 10.01 BUFFER SOLUTION BLUE 475ML)

07/06/2021 USA BLUEBOOK 06/21 629680 52-10-72050-65 44.20 44.20

LAB: WR (2-ORION PH 7.00 BUFFER SOLUTION YELLOW 475 ML)

07/06/2021 USA BLUEBOOK 06/21 629680 52-10-72050-65 165.90 165.90

LAB: WR (2-AMMONIA STANDARD 1000PPM 475 ML ORION 951007)

07/06/2021 USA BLUEBOOK 06/21 629680 52-10-72050-65 22.10 22.10

LAB: WR (1- ORION PH 1.01 BUFFER SOLLUTION PINK 475 ML)

07/06/2021 USA BLUEBOOK 06/21 629680 52-50-77580-92 32.08 32.08

FREIGHT: WR

07/06/2021 USA BLUEBOOK 06/21 629680 52-10-72050-65 47.00 47.00

LAB: WR (SULFURIC ACID CONC. ACS GRADE 500ML)

07/06/2021 USA BLUEBOOK 06/21 633776 51-00-63610-57 151.25 151.25

LAB: W (5-HACH TOTAL CHLORINE ACCUVAC AMPULES 25/PK)

07/06/2021 USA BLUEBOOK 06/21 633776 51-00-63610-57 171.87 171.87

LAB: W (3-HACH PHSPURUS REACTIVE TNT REAGENTS LR 50 TEST)

07/06/2021 USA BLUEBOOK 06/21 633776 51-00-67580-92 17.69 17.69

FREIGHT: W

40

Section VI, Item 1.





07/06/2021 USA BLUEBOOK 06/21 644745 54-60-58800-65 220.07 220.07

ELEC DEPT- MARKING PAINT

Total 147347: 5,073.58

147348

07/06/2021 VERIZON CONNECT NWF, INC. 07/21 OSV0000024 01-21-56100-00 226.66 226.66

VERIZON FLEET GPS

Total 147348: 226.66

147349

07/06/2021 VERIZON WIRELESS 07/21 9881992198 01-13-55200-00 1,420.22 1,420.22

ACCT 386264659-0001 - CLERK

07/06/2021 VERIZON WIRELESS 07/21 9881992198 01-19-55200-00 36.01 36.01

ACCT 386264659-0001 - CITY MANAGER


ACCT 386264659-0001 - POLICE


ACCT 386264659-0001 - FIRE


ACCT 386264659-0001 - STREETS


ACCT 386264659-0001 - COMM DEV


ACCT 386264659-0001 - CEMETERY


ACCT 386264659-0001 - ECON DEV


ACCT 386264659-0001 - WATER


ACCT 386264659-0001 - W/WR


ACCT 386264659-0001 - ELECTRIC GENERATION


ACCT 386264659-0001 - ELECTRIC DISTRIBUTION


ACCT 386264659-0001 - ADV COMM


ACCT 386264659-0001 - TECH CNTR/ADV COMM


ACCT 386264659-0001 -AIRPORT


ACCT 542325674-00001


ACCT 386264659-0001 - ADMIN SERVICES


ACCT 386264659-0001 - ENGINEERING


ACCT 386264659-0001 - FIRE

Total 147349: 5,258.39

147350

07/06/2021 VIKING CHEMICAL COMPANY 06/21 112869 51-00-61830-65 217.50 217.50

WELL #10-SODIUM HYPOCHLORITE SOLUTION

41

Section VI, Item 1.





07/06/2021 VIKING CHEMICAL COMPANY 06/21 112870 51-00-61830-65 290.00 290.00

WELL #11- SODIUM HYPOCHLORITE SOLUTION

Total 147350: 507.50

147351

07/06/2021 WATER WELL SOLUTIONS IL DIV, LLC 06/21 061821 51-00-10540 20,564.95 20,564.95

WELL #8 REPLACE & REHAB: WATER WELL SOLUTIONS PERIODIC PAY EST.

Total 147351: 20,564.95

147352


5" 90° ELBOW

Total 147352: 122.50

147353

07/06/2021 WEX BANK 06/21 JUNE21-AD 64-00-38910 157.29- 157.29-

TRANSACTION FEE CREDIT

07/06/2021 WEX BANK 06/21 JUNE21-CO 55-32-65500-00 60.00 60.00

WEX FUEL

07/06/2021 WEX BANK 06/21 JUNE21-CO 01-44-65500-00 121.96 121.96

COMM. DEV. GAS

07/06/2021 WEX BANK 06/21 JUNE21-DIS 54-60-18450 2,115.49 2,115.49

WEX FUEL

07/06/2021 WEX BANK 06/21 JUNE21-EN 01-48-65500-00 129.52 129.52

FUEL

07/06/2021 WEX BANK 06/21 JUNE21-FIR 01-22-65500-00 1,077.74 1,077.74

FUEL FIRE DEPT.

07/06/2021 WEX BANK 06/21 JUNE21-GE 54-10-54900-65 84.92 84.92

FUEL D1

07/06/2021 WEX BANK 06/21 JUNE21-POL 01-21-65500-00 3,924.32 3,924.32

WEX FUEL

07/06/2021 WEX BANK 06/21 JUNE21-STR 01-46-65500-00 56.48 56.48

CEMETERY FUEL

07/06/2021 WEX BANK 06/21 JUNE21-WA 51-00-65060-65 1,024.13 1,024.13

FUEL: W WEX

07/06/2021 WEX BANK 06/21 JUNE21-WA 52-50-75020-65 791.03 791.03

FUEL: WR WEX

Total 147353: 9,228.30

147354

07/06/2021 WILLETT, HOFMANN & ASSOC., INC 06/21 29632 51-00-10540 235.16 235.16

ENGINEERING SERVICES: W

07/06/2021 WILLETT, HOFMANN & ASSOC., INC 06/21 29632 52-50-10540 235.17 235.17

ENGINEERING SERVICES: WR

07/06/2021 WILLETT, HOFMANN & ASSOC., INC 06/21 29632 54-60-58800-54 235.16 235.16


07/06/2021 WILLETT, HOFMANN & ASSOC., INC 06/21 29632 01-19-54900-00 235.16 235.16


07/06/2021 WILLETT, HOFMANN & ASSOC., INC 06/21 29633 53-00-54900-00 11,640.20 11,640.20

LANDFILL LEGAL

07/06/2021 WILLETT, HOFMANN & ASSOC., INC 06/21 29638 51-00-10540 17,100.00 17,100.00

WWTP UPGRADES PHASE II

42

Section VI, Item 1.





Total 147354: 29,680.85

Grand Totals: 157,860.14

Summary by General Ledger Account Number


01-00-23300 .00 26,543.72- 26,543.72-

01-11-36900 500.00 .00 500.00

01-12-65100-000 28.89 .00 28.89

01-13-55200-000 1,420.22 .00 1,420.22

01-13-56200-000 34.44 .00 34.44

01-17-51100-000 60.00 .00 60.00

01-19-54900-000 235.16 .00 235.16

01-19-55200-000 36.01 .00 36.01

01-19-56100-000 8,500.00 .00 8,500.00

01-21-47100-000 211.95 .00 211.95

01-21-51200-000 196.45 .00 196.45

01-21-55200-000 1,441.73 .00 1,441.73

01-21-55400-000 186.50 .00 186.50

01-21-56100-000 1,314.66 .00 1,314.66

01-21-56300-000 90.00 .00 90.00

01-21-65200-000 792.32 .00 792.32

01-21-65500-000 3,924.32 .00 3,924.32

01-21-65800-000 117.00 .00 117.00

01-22-55200-000 388.37 .00 388.37

01-22-61100-000 159.90 .00 159.90

01-22-65500-000 1,077.74 .00 1,077.74

01-41-51300-000 659.98 .00 659.98

01-41-54900-000 345.00 .00 345.00

01-41-55200-000 75.02 .00 75.02

01-44-54920-000 3,450.00 .00 3,450.00

01-44-55200-000 194.15 .00 194.15

01-44-65500-000 121.96 .00 121.96

01-46-55200-000 152.42 .00 152.42

01-46-65500-000 56.48 .00 56.48

01-48-51200-000 156.00 .00 156.00

01-48-55200-000 138.03 .00 138.03

01-48-65100-000 139.91 .00 139.91

01-48-65500-000 129.52 .00 129.52

01-61-55200-000 87.26 .00 87.26

01-61-65100-000 122.33 .00 122.33

19-00-23300 341.30 3,452.82- 3,111.52-

19-20-54910-000 2,000.00 .00 2,000.00

19-30-51100-000 496.00 .00 496.00

19-30-91100-000 956.82 .00 956.82

19-60-91190-000 .00 341.30- 341.30-

36-00-23300 .00 12,131.42- 12,131.42-

36-00-82000-000 500.00 .00 500.00

36-00-86502-000 11,631.42 .00 11,631.42

51-00-10530 1,728.78 .00 1,728.78

51-00-10540 38,400.11 .00 38,400.11

51-00-23300 1.25 48,714.79- 48,713.54-

43

Section VI, Item 1.




51-00-42731-000 6.00 .00 6.00

51-00-60480-473 2.72 .00 2.72

51-00-61830-656 507.50 .00 507.50

51-00-62010-652 1,145.75 .00 1,145.75

51-00-62050-652 866.20 .00 866.20

51-00-62060-652 1,736.80 .00 1,736.80

51-00-62080-651 127.39 1.25- 126.14

51-00-63560-539 417.15 .00 417.15

51-00-63610-579 1,766.01 .00 1,766.01

51-00-63660-552 377.62 .00 377.62

51-00-63680-536 380.00 .00 380.00

51-00-65060-655 1,024.13 .00 1,024.13

51-00-67580-929 228.63 .00 228.63

52-00-23300 1.25 15,394.46- 15,393.21-

52-10-72050-652 2,745.97 .00 2,745.97

52-20-71850-656 2,509.15 .00 2,509.15

52-50-10530 1,728.79 .00 1,728.79

52-50-10540 735.17 .00 735.17

52-50-70480-473 2.72 .00 2.72

52-50-70480-563 56.00 .00 56.00

52-50-72010-652 270.00 .00 270.00

52-50-72040-652 1,213.20 .00 1,213.20

52-50-72080-651 127.38 1.25- 126.13

52-50-73650-552 471.84 .00 471.84

52-50-73680-532 4,343.75 .00 4,343.75

52-50-73680-536 123.76 .00 123.76

52-50-75020-655 791.03 .00 791.03

52-50-77580-929 275.70 .00 275.70

53-00-23300 .00 11,640.20- 11,640.20-

53-00-54900-000 11,640.20 .00 11,640.20

54-00-23300 .00 17,204.66- 17,204.66-

54-10-54800-474 235.72 .00 235.72

54-10-54800-552 60.28 .00 60.28

54-10-54900-552 108.69 .00 108.69

54-10-54900-651 240.21 .00 240.21

54-10-54900-655 84.92 .00 84.92

54-10-54900-929 2.99 .00 2.99

54-30-54720-660 222.47 .00 222.47

54-60-15400 618.57 .00 618.57

54-60-18450 2,286.47 .00 2,286.47

54-60-58200-511 200.00 .00 200.00

54-60-58200-549 3,500.00 .00 3,500.00

54-60-58600-549 50.00 .00 50.00

54-60-58800-511 235.00 .00 235.00

54-60-58800-549 1,033.58 .00 1,033.58

54-60-58800-552 198.73 .00 198.73

54-60-58800-617 89.73 .00 89.73

54-60-58800-651 1,147.73 .00 1,147.73

54-60-58800-652 231.75 .00 231.75

54-60-58800-653 637.51 .00 637.51

54-60-58800-661 321.70 .00 321.70

54-60-58800-835 676.78 .00 676.78

54-60-59400-652 905.43 .00 905.43

54-70-90300-536 540.00 .00 540.00

54-70-90300-549 2,729.98 .00 2,729.98

54-70-90300-551 677.32 .00 677.32

54-70-90300-580 73.68 .00 73.68

54-90-92100-552 95.42 .00 95.42

44

Section VI, Item 1.




55-00-23300 .00 2,250.27- 2,250.27-

55-00-51100-000 360.00 .00 360.00

55-00-51200-000 720.48 .00 720.48

55-00-54900-000 182.70 .00 182.70

55-00-55200-000 52.26 .00 52.26

55-00-65200-000 195.00 .00 195.00

55-32-55200-000 70.16 .00 70.16

55-32-65200-000 609.67 .00 609.67

55-32-65500-000 60.00 .00 60.00

56-00-23300 .00 1,159.19- 1,159.19-

56-40-54900-000 1,138.06 .00 1,138.06

56-40-55200-000 21.13 .00 21.13

57-00-23300 .00 1,417.33- 1,417.33-

57-00-51700-000 564.28 .00 564.28

57-00-55200-000 162.10 .00 162.10

57-00-61100-000 190.95 .00 190.95

57-00-92900-000 500.00 .00 500.00

58-00-23300 .00 18,262.15- 18,262.15-

58-00-54100-000 9,750.00 .00 9,750.00

58-00-54900-000 8,512.15 .00 8,512.15

64-00-23300 157.29 190.22- 32.93-

64-00-38910 .00 157.29- 157.29-

64-00-55200-000 137.24 .00 137.24

64-00-65100-000 52.98 .00 52.98

Grand Totals: 158,862.32 158,862.32- .00

Report Criteria:



45

Section VI, Item 1.

City of Rochelle Check Register Page: 1

Report Dates: 6/14/2021-6/27/2021 Jun 30, 2021 10:50AM

Report Criteria:

Computed checks included

Manual checks included

Supplemental checks included

Termination checks included

Pay Period Journal Check Check Payee

Date Code Issue Date Number Payee ID Description GL Account Amount

06/27/2021 PC 07/02/2021 57121 ARTEAGA, ROSAELIA 536 91-00-13011 168.08-

06/27/2021 PC 07/02/2021 57122 CARR, CARMEN 541 91-00-13011 463.49-

06/27/2021 PC 07/02/2021 57123 GILLIAM, JAMES R 322 91-00-13011 2,165.77-

06/27/2021 PC 07/02/2021 57124 BUILTA, CHRISTOPHER 491 91-00-13011 478.07-

06/27/2021 PC 07/02/2021 57125 JOHNSON, HEATHER 501 91-00-13011 599.30-

06/27/2021 PC 07/02/2021 57126 JOHNSON, LEVI 543 91-00-13011 755.49-

06/27/2021 PC 07/02/2021 57127 JACOBS, AARON 542 91-00-13011 879.90-

06/27/2021 PC 07/02/2021 57128 SAMP, GARETT 525 91-00-13011 519.13-

06/27/2021 PC 07/02/2021 57129 ZHE, JOHN W 164 91-00-13011 2,435.36-

06/27/2021 PC 07/02/2021 517704 BEARROWS, JOHN B 453 91-00-13011 678.17-

06/27/2021 PC 07/02/2021 517705 GRUBEN, JOHN E 494 91-00-13011 172.51-

06/27/2021 PC 07/02/2021 517706 HAYES, WILLIAM T 250 91-00-13011 172.51-

06/27/2021 PC 07/02/2021 517707 MCDERMOTT, DANIEL W 38 91-00-13011 118.08-

06/27/2021 PC 07/02/2021 517708 MCDERMOTT, THOMAS 63 91-00-13011 164.29-

06/27/2021 PC 07/02/2021 517709 SHAW-DICKEY, KATHRYN E 452 91-00-13011 164.04-

06/27/2021 PC 07/02/2021 517710 HUERAMO, ROSE MARY 415 91-00-13011 1,200.46-

06/27/2021 PC 07/02/2021 517711 FIEGENSCHUH, JEFFREY 463 91-00-13011 3,437.92-

06/27/2021 PC 07/02/2021 517712 MESSER, SUSAN 185 91-00-13011 2,296.53-

06/27/2021 PC 07/02/2021 517713 AJVAZI, SENADA 408 91-00-13011 1,536.43-

06/27/2021 PC 07/02/2021 517714 ALBERS, BRIAN T 219 91-00-13011 2,022.09-

06/27/2021 PC 07/02/2021 517715 BANESKI, ELVIS 379 91-00-13011 2,253.53-

06/27/2021 PC 07/02/2021 517716 BECK, CORY 294 91-00-13011 1,878.63-

06/27/2021 PC 07/02/2021 517717 BEERY, RYAN T 340 91-00-13011 2,780.44-

06/27/2021 PC 07/02/2021 517718 BERGERON, JASON J 33 91-00-13011 2,399.56-

06/27/2021 PC 07/02/2021 517719 FRANKENBERRY, PHILLIP C 30 91-00-13011 2,925.38-

06/27/2021 PC 07/02/2021 517720 GERARD, MATTHEW L 368 91-00-13011 2,564.13-

06/27/2021 PC 07/02/2021 517721 HAAN, WILLIAM A 270 91-00-13011 2,309.23-

06/27/2021 PC 07/02/2021 517722 HIGBY, ERIC M 105 91-00-13011 2,382.88-

06/27/2021 PC 07/02/2021 517723 INMAN, TERRENCE L 148 91-00-13011 2,289.89-

06/27/2021 PC 07/02/2021 517724 JAKYMIW, JAMES M 367 91-00-13011 2,442.83-

06/27/2021 PC 07/02/2021 517725 KALTENBACH, JOHN L 281 91-00-13011 2,447.08-

06/27/2021 PC 07/02/2021 517726 KOVACS, RYAN 384 91-00-13011 1,657.14-

06/27/2021 PC 07/02/2021 517727 LEININGER, JEFFREY L 157 91-00-13011 2,933.42-

06/27/2021 PC 07/02/2021 517728 NAMBO, LUISA 273 91-00-13011 1,507.45-

06/27/2021 PC 07/02/2021 517729 OLSZEWSKI, ROBIN L 373 91-00-13011 1,493.15-

06/27/2021 PC 07/02/2021 517730 OWEN, ALISON 409 91-00-13011 1,400.55-

06/27/2021 PC 07/02/2021 517731 OWEN, TREVOR D 399 91-00-13011 1,719.21-

06/27/2021 PC 07/02/2021 517732 PAVIA, PETER 485 91-00-13011 1,710.70-

06/27/2021 PC 07/02/2021 517733 RODABAUGH, AARON C 213 91-00-13011 2,019.97-

06/27/2021 PC 07/02/2021 517734 ROGERS, CASSIE L 202 91-00-13011 1,477.57-

06/27/2021 PC 07/02/2021 517735 SESTER, JOSEPH R 129 91-00-13011 2,944.73-

06/27/2021 PC 07/02/2021 517736 SMITH, CHESTER III 234 91-00-13011 2,297.01-

06/27/2021 PC 07/02/2021 517737 SMITH, EMMA 518 91-00-13011 1,261.50-

06/27/2021 PC 07/02/2021 517738 WITTENBERG, MATTHEW E 282 91-00-13011 2,394.67-

06/27/2021 PC 07/02/2021 517739 YOUNG, ABBY 489 91-00-13011 1,407.52-

06/27/2021 PC 07/02/2021 517740 BAYLOR, RYAN E 204 91-00-13011 2,251.87-

06/27/2021 PC 07/02/2021 517741 CARLS, TYLER J 179 91-00-13011 2,663.53-

06/27/2021 PC 07/02/2021 517742 CHRISTOPHERSON, TYLER 483 91-00-13011 2,918.50-

06/27/2021 PC 07/02/2021 517743 DOUGHERTY, KENNETH R 418 91-00-13011 2,685.12-

06/27/2021 PC 07/02/2021 517744 EDWARDS, BRIAN E 181 91-00-13011 2,304.77-

06/27/2021 PC 07/02/2021 517745 GOOD, JEREMY M 334 91-00-13011 3,717.49-

46

Section VI, Item 1.





06/27/2021 PC 07/02/2021 517746 HELGREN, CURTIS 476 91-00-13011 1,846.54-

06/27/2021 PC 07/02/2021 517747 JOHNSON, BENJAMIN C 166 91-00-13011 3,698.55-

06/27/2021 PC 07/02/2021 517748 LEWIS, JOSH R 338 91-00-13011 2,546.02-

06/27/2021 PC 07/02/2021 517749 PREWETT, ZACHARY 327 91-00-13011 4,287.50-

06/27/2021 PC 07/02/2021 517750 SAWLSVILLE, DAVID W 46 91-00-13011 3,007.18-

06/27/2021 PC 07/02/2021 517751 UNDERWOOD, JASON M 217 91-00-13011 3,838.49-

06/27/2021 PC 07/02/2021 517752 WILLIS, JODY T 51 91-00-13011 1,080.99-

06/27/2021 PC 07/02/2021 517753 ALDRIDGE, KYLE 509 91-00-13011 52.44-

06/27/2021 PC 07/02/2021 517754 BAKKER, BRIAN 343 91-00-13011 25.85-

06/27/2021 PC 07/02/2021 517755 BAKKER, CODY 539 91-00-13011 255.43-

06/27/2021 PC 07/02/2021 517756 GILLIS, ANGELA 192 91-00-13011 528.04-

06/27/2021 PC 07/02/2021 517757 GILLIS, AUSTIN 413 91-00-13011 314.64-

06/27/2021 PC 07/02/2021 517758 MCGILL, MICHAEL 462 91-00-13011 363.48-

06/27/2021 PC 07/02/2021 517759 MILLER, JORDAN A 172 91-00-13011 48.95-

06/27/2021 PC 07/02/2021 517760 SALINAS, JAVIER 538 91-00-13011 78.11-

06/27/2021 PC 07/02/2021 517761 SANDERS, BRANDAN I 224 91-00-13011 142.38-

06/27/2021 PC 07/02/2021 517762 SMITH, BETH A 441 91-00-13011 895.61-

06/27/2021 PC 07/02/2021 517763 VALDIVIESO, JOSHUA 318 91-00-13011 26.21-

06/27/2021 PC 07/02/2021 517764 ARGUETA, JAVIER 511 91-00-13011 1,994.32-

06/27/2021 PC 07/02/2021 517765 BECK, JOHN M 141 91-00-13011 1,935.68-

06/27/2021 PC 07/02/2021 517766 CRAWFORD, ERIK L 123 91-00-13011 1,913.56-

06/27/2021 PC 07/02/2021 517767 DANNER, TIMOTHY S 152 91-00-13011 1,746.14-

06/27/2021 PC 07/02/2021 517768 DEVER, TERESA 25 91-00-13011 1,386.43-

06/27/2021 PC 07/02/2021 517769 FLANAGAN, ROBERT H 383 91-00-13011 1,155.48-

06/27/2021 PC 07/02/2021 517770 ISLEY, TIMOTHY P 249 91-00-13011 2,422.20-

06/27/2021 PC 07/02/2021 517771 MARTIN, RANDY L 90 91-00-13011 1,813.30-

06/27/2021 PC 07/02/2021 517772 MILOS, KRISTOFER 512 91-00-13011 1,706.16-

06/27/2021 PC 07/02/2021 517773 SCHABACKER, BRAD J 348 91-00-13011 1,656.14-

06/27/2021 PC 07/02/2021 517774 SPEARS, NICHOLAS J 362 91-00-13011 1,723.52-

06/27/2021 PC 07/02/2021 517775 TIMM, NATHAN K 414 91-00-13011 1,970.61-

06/27/2021 PC 07/02/2021 517776 VANKIRK, COLTON 496 91-00-13011 1,796.58-

06/27/2021 PC 07/02/2021 517777 HORN, WENDY E 58 91-00-13011 1,633.48-

06/27/2021 PC 07/02/2021 517778 KNIGHT, MICHELLE 174 91-00-13011 1,735.95-

06/27/2021 PC 07/02/2021 517779 PEASE, MICHELLE J 222 91-00-13011 2,584.92-

06/27/2021 PC 07/02/2021 517780 STARR, GEOFFREY 495 91-00-13011 1,959.50-

06/27/2021 PC 07/02/2021 517781 TESREAU, SAMUEL C 276 91-00-13011 3,336.96-

06/27/2021 PC 07/02/2021 517782 WARD, CURTIS W 331 91-00-13011 2,413.42-

06/27/2021 PC 07/02/2021 517783 BOEHLE, MATTHEW 444 91-00-13011 1,489.23-

06/27/2021 PC 07/02/2021 517784 BRIDGEMAN, KYLE C 478 91-00-13011 2,739.40-

06/27/2021 PC 07/02/2021 517785 KELLER, DANIEL W 211 91-00-13011 2,161.84-

06/27/2021 PC 07/02/2021 517786 LANNING, ADAM 392 91-00-13011 3,268.95-

06/27/2021 PC 07/02/2021 517787 LUXTON, TOD 535 91-00-13011 1,950.84-

06/27/2021 PC 07/02/2021 517788 MULHOLLAND, JAY A 442 91-00-13011 3,660.80-

06/27/2021 PC 07/02/2021 517789 RANGEL, DWAYNE 455 91-00-13011 1,742.61-

06/27/2021 PC 07/02/2021 517790 SMART, CLIFFORD A 127 91-00-13011 2,293.99-

06/27/2021 PC 07/02/2021 517791 WILLIAMS, DAWSON 517 91-00-13011 2,075.53-

06/27/2021 PC 07/02/2021 517792 WITASIK, JUDITH M 433 91-00-13011 812.90-

06/27/2021 PC 07/02/2021 517793 CECH, ERIC T 393 91-00-13011 2,013.44-

06/27/2021 PC 07/02/2021 517794 CUNNINGHAM, ANDREW R 27 91-00-13011 1,937.81-

06/27/2021 PC 07/02/2021 517795 HAWKINS, SHARON 17 91-00-13011 1,561.50-

06/27/2021 PC 07/02/2021 517796 MCCOY, SEBASTIAN 532 91-00-13011 1,727.14-

06/27/2021 PC 07/02/2021 517797 MEDINE, JUSTIN 487 91-00-13011 1,831.68-

06/27/2021 PC 07/02/2021 517798 MILLER, RYAN 540 91-00-13011 1,906.61-

06/27/2021 PC 07/02/2021 517799 MUELLER, JESSICA CM 510 91-00-13011 1,804.11-

06/27/2021 PC 07/02/2021 517800 MUSSELMAN, JEFFREY J 200 91-00-13011 2,817.14-

06/27/2021 PC 07/02/2021 517801 ANATRA, NICK 508 91-00-13011 2,355.12-

06/27/2021 PC 07/02/2021 517802 PLAZA, JONATHAN 524 91-00-13011 2,009.35-

47

Section VI, Item 1.





06/27/2021 PC 07/02/2021 517803 SHAFER, DUSTIN J 480 91-00-13011 2,159.79-

06/27/2021 PC 07/02/2021 517804 TOLIVER, BLAKE A 205 91-00-13011 2,510.53-

06/27/2021 PC 07/02/2021 517805 WATERS, SHANE A 430 91-00-13011 2,015.60-

06/27/2021 PC 07/02/2021 517806 ADAMS, GARRY 102 91-00-13011 1,031.59-

06/27/2021 PC 07/02/2021 517807 BJORNEBY, JACOB 469 91-00-13011 2,114.83-

06/27/2021 PC 07/02/2021 517808 BURDIN, JASON E 263 91-00-13011 3,502.85-

06/27/2021 PC 07/02/2021 517809 COX, CHRISTOPHER T 446 91-00-13011 2,172.68-

06/27/2021 PC 07/02/2021 517810 JOHNSON, TODD A 69 91-00-13011 4,147.52-

06/27/2021 PC 07/02/2021 517811 MANNING, CASSIDY C 424 91-00-13011 1,899.55-

06/27/2021 PC 07/02/2021 517812 MOWRY, TROY 324 91-00-13011 3,294.63-

06/27/2021 PC 07/02/2021 517813 ROGDE, ANDREW C 410 91-00-13011 1,606.87-

06/27/2021 PC 07/02/2021 517814 SULLIVAN, JAMEY A 356 91-00-13011 2,618.58-

06/27/2021 PC 07/02/2021 517815 BELMONTE, ROCIO 423 91-00-13011 1,184.32-

06/27/2021 PC 07/02/2021 517816 BETTNER, DANIELLE 531 91-00-13011 1,486.09-

06/27/2021 PC 07/02/2021 517817 BROOKS, SARAH 460 91-00-13011 1,151.39-

06/27/2021 PC 07/02/2021 517818 MORRIS, MANDI R 168 91-00-13011 526.33-

06/27/2021 PC 07/02/2021 517819 ROBERTS, KELLY L 221 91-00-13011 1,048.86-

06/27/2021 PC 07/02/2021 517820 SUNESON, SARA L 252 91-00-13011 1,398.21-

06/27/2021 PC 07/02/2021 517821 BIRD, JASON 520 91-00-13011 1,308.62-

06/27/2021 PC 07/02/2021 517822 MILAN, ADRIANA 382 91-00-13011 2,000.06-

06/27/2021 PC 07/02/2021 517823 BRUST, PATRICK 490 91-00-13011 2,370.53-

06/27/2021 PC 07/02/2021 517824 JOHNSON, JARED 48 91-00-13011 1,404.07-

06/27/2021 PC 07/02/2021 517825 TYSZKA, TIMOTHY L 350 91-00-13011 1,981.24-

06/27/2021 PC 07/02/2021 517826 HUDETZ, MICHAEL L 422 91-00-13011 1,317.23-

06/27/2021 PC 07/02/2021 517827 BEARDIN, JAMES F 516 91-00-13011 336.49-

06/27/2021 PC 07/02/2021 517828 BEGUIN, DAVID F 426 91-00-13011 296.22-

06/27/2021 PC 07/02/2021 517829 BRENNAN, THOMAS 534 91-00-13011 422.63-

06/27/2021 PC 07/02/2021 517830 FENWICK, NATALIE Z 428 91-00-13011 321.70-

06/27/2021 PC 07/02/2021 517831 FRIESTAD, RYAN D 456 91-00-13011 444.82-

06/27/2021 PC 07/02/2021 517832 GOLT, MICHAEL B 431 91-00-13011 282.66-

06/27/2021 PC 07/02/2021 517833 HAMILTON, MITCH A 425 91-00-13011 2,689.34-

06/27/2021 PC 07/02/2021 517834 JOHNSON, JEFFREY 537 91-00-13011 398.98-

06/27/2021 PC 07/02/2021 517835 KRAUSE, SARAH 513 91-00-13011 490.35-

06/27/2021 PC 07/02/2021 517836 UTECHT, MICHAEL 493 91-00-13011 490.35-

06/27/2021 PC 07/02/2021 517837 BINGHAM, NANCY L 380 91-00-13011 2,163.08-

06/27/2021 PC 07/02/2021 517838 CARDOTT, CHRISTINA 317 91-00-13011 2,676.95-

06/27/2021 PC 07/02/2021 517839 ROGERS, JESSICA E 530 91-00-13011 1,314.02-

06/27/2021 PC 07/02/2021 517840 THOMPSON, JENNIFER R 364 91-00-13011 2,046.11-

06/27/2021 PC 07/02/2021 517841 ANDERSON, JASON T 296 91-00-13011 3,356.11-

06/27/2021 PC 07/02/2021 517842 FRIDAY, MARGARET F 297 91-00-13011 2,333.60-

06/27/2021 PC 07/02/2021 517843 City of Rochelle 9017 91-00-13011 3,982.36-

06/27/2021 PC 07/02/2021 517844 City of Rochelle 9018 91-00-13011 6,669.15-

06/27/2021 PC 07/02/2021 517845 First National Bank of Rochell 9014 91-00-13011 4,055.92-

06/27/2021 PC 07/02/2021 517846 FOP/SOCIAL FUND 9009 91-00-13011 125.00-

06/27/2021 PC 07/02/2021 517847 Rochelle Fire Fighters Assoc. 9001 91-00-13011 270.00-

06/27/2021 PC 07/02/2021 517848 Rochelle Fire Fighters Assoc. 9034 91-00-13011 90.00-

06/27/2021 PC 07/02/2021 517849 WEEKS, JOYCE L 401 91-00-13011 502.96-

Grand Totals: 155 273,958.59-

48

Section VI, Item 1.





Report Criteria:

Computed checks included

Manual checks included

Supplemental checks included

Termination checks included

49

Section VI, Item 1.

PLANNING & ZONING COMMISSION

Monday, April 5, 2021

MINUTES

The Rochelle Planning and Zoning Commission met at 6:00 p.m. on Monday, April 5, 2021 in the Council

Chambers of City Hall, 420 N. 6th Street, Rochelle, IL 61068. Present on Roll Call were Board members:

Myers, Snyder-Chura, Wolter and Chiavini. Absent: McNeilly,Carson, and Colwill. There was a quorum of

four present. Non-voting members present were: Becker. Absent: Leisher. Also present was Geoff Starr.

Snyder-Chura moved and seconded by Chiavini, “I move to appoint Wolter as Pro Tem Chair.” A roll call

vote was taken. Ayes: Myers, Snyder-Chura, Chiavini, and Wolter. Nays: none. Motion carried 4-0.

Minutes: Chiavini moved and seconded by Snyder-Chura, “I move the minutes of the March 1, 2021

Planning and Zoning Commission meeting as presented be approved.” A roll call vote was taken. Ayes:

Myers, Snyder-Chura, Wolter and Chiavini. Nays: none. Motion carried 4-0.

Public Commentary: None

Commissioner Comments: None

Business Items: PZC-3-21 Rochelle Solar, Continuation of Public Hearing. Motion made by Chiavini,

seconded by Myers, “I move the Planning and Zoning Commission Continue the Public Hearing to April

19, 2021 for Rochelle Solar.” A roll call vote was taken. Ayes: Myers, Snyder-Chura, Wolter and Chiavini.

Nays: none. Motion carried 4-0.

Motion made by Snyder-Chura, seconded by Chiavini, “I move the Planning and Zoning Commission Open

the Public Hearing regarding the proposed Zoning Code Updates.” A roll call vote was taken. Ayes:

Myers, Snyder-Chura, Wolter and Chiavini. Nays: none. Motion carried 4-0. Pete Iosue from Tesca and

Associates presented the last of the modifications to the zoning codes, specifically pertaining to home-based

businesses. No changes to the zoning codes were recommended by the Commission. Motion made by Snyder-

Chura, seconded by Chiavini, “I move the Planning and Zoning Commission close the Public Hearing.” A

roll call vote was taken. Ayes: Myers, Snyder-Chura, Wolter and Chiavini. Nays: none. Motion carried 4-0.

Motion made by Chiavini, seconded by Myers, “I move the Planning and Zoning Commission recommend

to the City Council that it Approve the Zoning Code Updates.” A roll call vote was taken. Ayes: Myers,

Snyder-Chura, Wolter and Chiavini. Nays: none. Motion carried 4-0.

Discussion Items: None

Adjournment: Motion made by Chiavini, seconded by Snyder-Chura, “I move to adjourn the regularly

scheduled meeting of the Planning and Zoning Commission of April 5, 2021.” A roll call vote was taken.

Ayes: Myers, Snyder-Chura, Wolter and Chiavini. Nays: none. Motion carried 4-0.

The Planning and Zoning Commission adjourned at 6:45 p.m.

Michelle Knight & Geoff Starr

City of Rochelle

50

Section VI, Item 1.

PLANNING & ZONING COMMISSION

Special Meeting

Monday, April 19, 2021

MINUTES

The Rochelle Planning and Zoning Commission met at 6:00 p.m. on Monday, April 19, 2021 in

the Council Chambers of City Hall, 420 N. 6th Street, Rochelle, IL 61068. Present on Roll Call

were Board members: McNeilly, Chiavini, Myers, Wolter, and Colwill. Absent: Carson. There

was a quorum of five present. Non-voting members present were: Leisher and Becker. Absent:

None. Also present were Michelle Pease, Michelle Knight, Geoff Starr, Sam Tesreau and City

Attorney Dom Lanzito. Chiavini moved and seconded by Colwill, “I move to appoint Wolter

as acting Pro Tem Chair.” A roll call vote was taken. Ayes: McNeilly, Chiavini, Myers,

Colwill, and Wolter. Nays: none. Motion carried 5-0.

Public Commentary: None

Commissioner Comments: Colwill complimented the Street Department on the flowering trees.

Business Items: PZC-3-21 Rochelle Solar, preliminary and final plat of subdivision, plat of

annexation, zoning map amendment, rezoning to rural development, special use for a solar farm,

and variance of municipal code sections 82-14 “Barbed Wire & Electric Fences”, 110-405

“Buffer Yards” and 110-634 “Surfacing of Parking Areas” for the property located at the

Southeast corner of Twombly Road and North Caron Road (future). Pease stated that a notice

was published in the paper and mailed to property owners. Motion made by Chiavini, seconded

by Myers, “I move the Planning and Zoning Commission open the Public Hearing

regarding the proposed Preliminary and Final Plat of Subdivision, Plat of Annexation,

Zoning Map Amendment, Rezoning to Rural Development, Special Use for a Solar Farm,

and Variances of Municipal Code for Rochelle Solar.” A roll call vote was taken. Ayes:

McNeilly, Chiavini, Myers, Colwill, and Wolter. Nays: none. Motion carried 5-0. Rochelle

Solar is proposing a plat of annexation to enter into an annexation agreement for 91.4 acres with

the City of Rochelle at the southwest corner of Twombly Road and North Caron proposed

extension road (parcel 25-18-100-005) to develop a solar farm. City staff have reviewed the

preliminary and final plat of subdivision for conformance with the comprehensive plan, the

provisions hereof, and all other applicable ordinances of the Rochelle Municipal Code (RMC).

Pursuant to 65 ILCS 5/11-12-8, the Planning and Zoning Commission shall deny or recommend

approval of the preliminary and final plat of subdivision within 60 days of the acceptance of the

annexation agreement. Rochelle Solar would like to annex the property into the City of Rochelle

with Rural Development Zoning with a special use for a solar farm. The parcel is currently

zoned agriculture. It is surrounded by agriculture on the west, east, north and PUD-C on the

south. The Planning and Zoning Commission can recommend to the City Council an

amendment to expand or alter the official zoning map after review of the petition of the owner

with a public hearing.

Conditions of the special use for a solar farm would include the following:

1) Dedication of City easements (15’ width minimum), as approved by the City Engineer, for a

shared use path along the westerly boundary of the subdivision.

51

Section VI, Item 1.

2) Dedication of right-of-way (ROW), as approved by the City Engineer, along the southerly and

northerly boundary lines of the subdivision for existing and/or future roadway or utility

improvements or extensions along Twombly Rd and future Flagg Road east of Caron Road.

3) Posting of the necessary surety as per the City Engineers estimate of cost for said roadway

and/or utility improvements (ie, public improvements) and as per section 86-51 through 86-56 of

the Rochelle Municipal Code in the amount of $1,125,000. If the developer/petitioner fails to

complete the improvements the City may draw upon the surety and use said funds for the public

improvements within the ROW.

4) Dedication of a City/drainage easement for the Special Flood Hazard Area (SFHA) also

known as the floodplain/floodway as depicted on the FEMA FIRM maps #17141C0483E City of

Rochelle and Ogle County effective dated 8/17/2016.

5) The internal light duty maintenance driveways may be chip sealed due to the limited Average

Daily Traffic (ADT) of 10 vehicles per day (VPD) within the solar field perimeter. However, any

and all access driveways from Twombly Road or other City owned ROW’s shall meet the

requirements for driveway approaches from a street and hard surfacing of driveway as measured

130 feet from the applicable ROW line.

6) All final site plans and applications for permits shall be reviewed and approved by City staff

as the development proceeds forward in accordance with the Rochelle Municipal Code except as

may be varied from herein.

7) All landscaping shall be maintained by the petitioner/developer in accordance with all

Rochelle Municipal Codes and as required by City staff. Annual inspections shall be performed

by City staff to determine if damaged, dead or diseased plantings need to be removed and

replaced to ensure the landscape buffer remains as shown on the plan.

8) All stormwater impact fees, in accordance with Chapter 22 of the Rochelle Municipal Code,

shall be paid at $1300/Acre of the subdivision prior to the issuance of a special use permit or

recording of the Final Plat of the Rochelle Northeast Subdivision.

The petitioner is requesting a variance from *Section 82-14 – “Barbed Wire and Electric Fences”

of the Municipal Code by asking for one foot of barbed wire on a six-foot fence. Per the

petitioner, national standards for this type of facility require barbed wire to adequately secure the

site and prevent unauthorized access. The petitioner feels that due to the location of the property

and lack of foot traffic, there is little risk of someone coming into contact with the barbed wire.

The proposed use of the property requires the property be adequately secured so as to prevent the

general public from coming into contact with the equipment on site.

The petitioner is requesting a variance from **Section 110-405 – “Buffer Yards” of the

Municipal Code by asking to eliminate all berming. The applicant feels that berming creates

difficulties due to the topography and water flow through the property. In place of berming, the

applicant is proposing a landscape plan with tree plantings surrounding the property to create a

visual buffer.

The petitioner is requesting a variance from ***Section 110-634 – “Surfacing of Parking Areas”

of the Municipal Code by asking to use gravel for surfacing rather than the required compacted

macadam base or equal with either asphalt or concrete surface. The petitioner and staff have

discussed a compromise, due to the limited maintenance vehicles within the site, by completing

all paving in the Right of Way and up to the fenced area around the solar field to meet the

required code and all access roads within the fence be chip and seal surface. The average

vehicles per day (VPD) will not exceed 10 once the facility is built.

52

Section VI, Item 1.

Motion made by Chiavini, seconded by Myers, “I move the Planning and Zoning Commission

close the Public Hearing.” A roll call vote was taken. Ayes: McNeilly, Chiavini, Myers,


Findings:

1. Is the proposed subdivision allowed in the proposed zoning district?

Yes: __5____ No: ______ Explanation: _______________________

If the answer to any of the following questions is “Yes”, then the Commission should

recommend that the City Council deny the petition for a variance. If the answer to all of the

following questions is “No”, then the Commission may recommend that the City Council

approve or deny the petition for a variance. Each question should state an answer and give

an explanation. If the answer to all of the questions is “No”, but the Commission votes to

recommend denying the petition, the Commission should provide an explanation as to why.

2. Is the proposed subdivision detrimental or dangerous to public health?

Yes: _____ No: ___5 _ Explanation: _______________________

3. Will the proposed subdivision impair property value in the neighborhood?

Yes: _____ No: __5___ Explanation: _______________________

4. Will the proposed subdivision impede the normal development of the surrounding properties?


5. Will the proposed subdivision:

(a) impair light and air to adjacent property;

(b) congest public streets;

(c) increase the risk of fire;

(d) substantially diminish property values within the vicinity; or

(e) endanger the public health?

Yes: ______ No: ___5__ Explanation: _______________________


recommend to the City Council that it Approve the proposed Preliminary and Final Plat of

Subdivision and Plat of Annexation for Rochelle Solar for the property located at the

southwest corner of Twombly Road and North Caron proposed extension road, based on

the report of findings.” A roll call vote was taken. Ayes: McNeilly, Chiavini, Myers, Colwill,

and Wolter. Nays: none. Motion carried 5-0.

Findings:

1. Is the proposed development allowed in the proposed zoning district?








2. Is the proposed zoning detrimental or dangerous to public health?

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Section VI, Item 1.


3. Will the proposed zoning impair property value in the neighborhood?


4. Will the proposed zoning impede the normal development of the surrounding properties?


5. Will the proposed zoning:








recommend to the City Council that it Approve the proposed Rural Development Zoning

for the 91.4 acres for Rochelle Solar for the property located at the southwest corner of

Twombly Road and North Caron proposed extension road, based on the report of

findings.” A roll call vote was taken. Ayes: McNeilly, Chiavini, Myers, Colwill, and Wolter.

Nays: none. Motion carried 5-0.


recommend to the City Council that it Approve the proposed amendment to expand or

alter the official zoning map.” A roll call vote was taken. Ayes: McNeilly, Chiavini, Myers,


Findings:

1. Is the proposed use allowed in the proposed zoning district, but only with a special use permit?








2. Is the proposed use detrimental or dangerous to public health?


3. Will the proposed use impair property value in the neighborhood?


4. Will the proposed use impede the normal development of the surrounding properties?


5. Will the proposed use:







54

Section VI, Item 1.

Recommendation:

Based on the findings above, the Planning and Zoning Commission hereby recommends to the

Rochelle City Council that the Petitioner be granted a special use permit for the proposed use at

the Subject Property, with the following conditions attached thereto, in addition to the

requirement of the Rochelle Municipal Code:

1) Dedication of City easements (15’ width minimum), as approved by the City Engineer, for a

shared use path along the westerly boundary of the subdivision.

2) Dedication of right-of-way (ROW), as approved by the City Engineer, along the southerly and

northerly boundary lines of the subdivision for existing and/or future roadway or utility

improvements or extensions along Twombly Rd and future Flagg Road east of Caron Road.

3) Posting of the necessary surety as per the City Engineers estimate of cost for said roadway

and/or utility improvements (ie, public improvements) and as per section 86-51 through 86-56 of

the Rochelle Municipal Code in the amount of $1,125,000. If the developer/petitioner fails to

complete the improvements the City may draw upon the surety and use said funds for the public

improvements within the ROW.

4) Dedication of a City/drainage easement for the Special Flood Hazard Area (SFHA) also

known as the floodplain/floodway as depicted on the FEMA FIRM maps #17141C0483E City of

Rochelle and Ogle County effective dated 8/17/2016.

5) The internal light duty maintenance driveways may be chip sealed due to the limited Average

Daily Traffic (ADT) of 10 vehicles per day (VPD) within the solar field perimeter. However, any

and all access driveways from Twombly Road or other City owned ROW’s shall meet the

requirements for driveway approaches from a street and hard surfacing of driveway as measured

130 feet from the applicable ROW line.

6) All final site plans and applications for permits shall be reviewed and approved by City staff

as the development proceeds forward in accordance with the Rochelle Municipal Code except as

may be varied from herein.

7) All landscaping shall be maintained by the petitioner/developer in accordance with all

Rochelle Municipal Codes and as required by City staff. Annual inspections shall be performed

by City staff to determine if damaged, dead or diseased plantings need to be removed and

replaced to ensure the landscape buffer remains as shown on the plan.

8) All stormwater impact fees, in accordance with Chapter 22 of the Rochelle Municipal Code,

shall be paid at $1300/Acre of the subdivision prior to the issuance of a special use permit or

recording of the Final Plat of the Rochelle Northeast Subdivision.


recommend to the City Council that it Approve the proposed Special Use for a solar farm

at the property located at the southwest corner of Twombly Road and North Caron

proposed extension road, with all conditions listed within the report of findings, based on

the report of findings.” A roll call vote was taken. Ayes: McNeilly, Chiavini, Myers, Colwill,

and Wolter. Nays: none. Motion carried 5-0.

Findings:

1. Is the proposed variance allowed in the proposed zoning district, but only with a variance?




55

Section VI, Item 1.





2. Is the proposed variance detrimental or dangerous to public health?


3. Will the proposed variance impair property value in the neighborhood?


4. Will the proposed variance impede the normal development of the surrounding properties?


5. Will the proposed variance:







Motion made by Chiavini, seconded by Colwill, “I move the Planning and Zoning

Commission recommend to the City Council that it Approve the proposed variance from

the “Barbed Wire and Electric Fences” section of the Municipal Code for Rochelle Solar,

based on the report of findings.” A roll call vote was taken. Ayes: McNeilly, Chiavini,

Myers, Colwill, and Wolter. Nays: none. Motion carried 5-0.

Findings:






















56

Section VI, Item 1.

Recommendation:




requirement of the Rochelle Municipal Code: Staff approves the final landscape plan with tree

plantings which will surround the property to create a visual buffer.

Motion made by Colwill, seconded by Chiavini, “I move the Planning and Zoning


the “Buffer Yards” section of the Municipal Code for Rochelle Solar, with all conditions

listed within the report of findings, based on the report of findings.” A roll call vote was

taken. Ayes: McNeilly, Chiavini, Myers, Colwill, and Wolter. Nays: none. Motion carried 5-0.

Findings:






















Recommendation:




requirement of the Rochelle Municipal Code: Complete all paving in the Right of Way and up to

the fenced area around the solar field to meet the required code and all access roads within the

fence be chip and seal surface. The average vehicles per day will not exceep 10, once the facility

is built.

57

Section VI, Item 1.

Motion made by Colwill, seconded by Chiavini, “I move the Planning and Zoning


the “Surfacing of Parking Areas” section of the Municipal Code for Rochelle Solar, with all

conditions listed within the report of findings, based on the report of findings.” A roll call

vote was taken. Ayes: McNeilly, Chiavini, Myers, Colwill, and Wolter. Nays: none. Motion

carried 5-0.

Discussion Items: None

Adjournment: Motion made by Chiavini, seconded by Colwill, “I move to adjourn the special

meeting of the Planning and Zoning Commission of April 19, 2021.” A roll call vote was

taken. Ayes: McNeilly, Chiavini, Myers, Colwill, and Wolter. Nays: none. Motion carried 5-0.

The Planning and Zoning Commission adjourned at 7:11 p.m.

Michelle Knight

City of Rochelle

58

Section VI, Item 1.

7/7/2021 Special Event Council Request

https://docs.google.com/forms/d/18X-gCpNPeBb6-zSKoVne31EKHb4soVhSQXADOnU3mME/edit#response=ACYDBNgUhKHG-MSQNBtCW_bLiN-… 1/7

Option 1

Community Event

Fireworks

Parade

Festival

Fundraiser

Other:

fiesta hispana

sept 18

Special Event Council Request

Event Type: Check all that apply

Event Name:

Event Date & Time

59

Section VI, Item 1.



downtown by the gazebo 3

Rosie Arteaga with Fiesta Hispana

8159936336

[email protected]

Rosie 8159936336

Alcoholic Beverages

Served/Sold

Neither

Location/Route:

Contact Name & Organization:

Contact Phone:

Contact E-Mail:

Day-Of Event Name & Phone:

Will alcoholic beverages be served or sold at the event?

60

Section VI, Item 1.



Tecalitlan Rest

we will be asking for and Id and it will be in a secured area

yes yes yes walk through several times and later into the night 8-11

Water & Electricity

Page Park

Gazebo

Electricity not required/Utilizing different location

Name of business/organization providing alcohol:

How will area where alcohol is served be contained and what security and ID measures will betaken?

If serving alcohol off premises of an establishment, complete required special eventapplication for liquor sales and submit fee separately.

Do you request Police presence? What hours?

Electricity is available for Downtown Events at the Gazebo or Page Park. Please indicate whichlocation you intend to utilize:

61

Section VI, Item 1.



Yes

No

Street & Parking Lot Closures

Yes

No

A water connection is available at the Downtown Gazebo. Would you like water available forthe event?

Are parking lot closures requested?

62

Section VI, Item 1.



Spirited Square - Lot 1




Downtown Lot - Cherry & Main Street (gravel lot)

Downtown Lot - Lincoln Highway & Cherry Avenue (RMU)

Downtown Lot - 4th Avenue & North Sixth Street - Lot 1

Downtown Lot - 4th Avenue & North Sixth Street - Lot 2

Downtown Lot - 4th Avenue & Museum Alley

Downtown Lot - 300 Block of North 6th Street

Downtown Lot - 5th Avenue & 6th Street

Yes

No

all the ones around lupitas

If so, which parking lots?

Is a street closure requested?

What intersections and/or streets are requested to be closed?

63

Section VI, Item 1.



I don - Rosie Arte…

Event Coordinators must agree to the following:

Agree to display HumanTrafficking Victim InformationSheet as required by State law

Event coordinators areresponsible for cleanup andtrash disposal after events. Iagree that a cleaning fee of $500may be assessed if extensivecleanup is required.

Agree to require masks andsocial distancing of attendees.

Please upload a site drawing. Include barricade and street closure locations. *

Please agree to the following: *

64

Section VI, Item 1.



Insurance



This content is neither created nor endorsed by Google.

Please upload Certificate of Insurance. Events on City property (including streets, parking lots,etc.) require a Certificate of Insurance for approval. Copy of Proof of Insurance naming the“City of Rochelle” as an additional insured including name and date of the event in the amountof $1,000,000.00 in general liability, and if alcoholic liquor will be served/sold, liquor liability inthe amount of $1,000,000.00. *

For Carnivals Only: Upload a Certificate of insurance showing proof of worker’s comp and onewith general liability

Forms

65

Section VI, Item 1.

https://www.google.com/forms/about/?utm_source=product&utm_medium=forms_logo&utm_campaign=forms


2. Ordinance Approving a Conditional Amended and Restated Host Agreement and Agreement for the

Operation and Development of City of Rochelle Landfill No. 2; Ordinance Approving a Jurisdictional

Boundary line and Intergovernmental Cooperation Agreement (Public Hearing and Action); Resolution

Authorizing the City Manager to Execute an Intergovernmental Agreement with the Village of Creston

66

Section VI, Item 2.


AGENDA ITEM MEMO

REGULAR MEETING

SUBJECT:

1. Conditional Amended and Restated Host Agreement and Agreement for the Operation and

Development of City of Rochelle Landfill No. 2

2. A Resolution Authorizing the City Manager to Execute an Intergovernmental Agreement with

the Village Of Creston

3. Jurisdictional Boundary Line and Intergovernmental Cooperation Agreement

Staff Contact:

Jeff Fiegenschuh

Summary:

1. Conditional Amended and Restated Host Agreement and Agreement for the Operation and

Development of City of Rochelle Landfill No. 2

This Agreement is conditioned upon the IEPA granting a final and non-appealable order to eliminate the

need to exhume Cell Number 1 of the Rochelle Landfill. If the need to eliminate the exhumation of Cell

Number 1 is eliminated, the City will not have to expend $850,000 for its portion of the of the exhumation

costs. In addition, this agreement would eliminate the City’s responsibility to pay $750,000 towards the

Mulford Road improvements. Lastly, the Operator will make a payment of $1,460,000 to the City of

Rochelle and a donation of $40,000 to the Rochelle Area Community Foundation.

The City’s annual free waste tonnage will increase to over 17,000 tons and increase annually thereafter.

This is a significant benefit to the City because the construction waste landfill will be closing shortly.

Pursuant to this agreement, the landfill will be closed by December 31, 2040 or until there is no remaining

capacity, whichever occurs first. In order to ensure that there is no remaining capacity, the annual limit

for waste that can be disposed of at the landfill will increase to 650,000 tons per year. Next, the City will

receive compensation for a new category of wasted that is received at the landfill. Previously, the City

did not receive compensation for dirt, gravel, or other materials used as ground cover or used to construct

internal roads. With the new agreement, the City will be compensated for all waste received at the

landfill, for which the operator is compensated. This will ensure that the City receives the maximum

compensation for the waste that is received at the landfill.

Lastly, the staff and city attorney engaged an expert to review the annual IEPA reports and reports from

Creston’s experts to determine the need for the exhumation. After a review of the documentation, Eric

Peterson, Professor at Illinois State University, concluded that there is currently no leakage from the

landfill, nor would the benefits of exhuming the waste and placing it into a landfill cell with a membrane

liner, ensure that there would be no contamination or environmental impact. This is especially true given

the lack of any environmental issues reported. Cell Number 1 currently has monitoring wells and there is

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Section VI, Item 2.

no evidence that the clay liner has failed or is likely to fail in the future. Thus, the recommendation from

the expert is that the exhumation is not needed.

2. A Resolution Authorizing the City Manager to Execute an Intergovernmental Agreement with the

Village Of Creston

This particular Intergovernmental Agreement (IGA) memorializes the agreement to cooperate between

the City of Rochelle and the Village of Creston to ensure that both municipalities take the necessary steps

to bring the Conditional Amended and Restated Host Agreement and Agreement for the Operation and

Development of City of Rochelle Landfill No. 2 to fruition. Further, the cooperation extends to taking

actions that will ensure that the requirements for the boundary agreement (the third related agenda item)

have been satisfied. The terms of the IGA restate the terms of the agreement with the Landfill Operator,

as well as the terms identified in the boundary agreement.

3. Jurisdictional Boundary Line and Intergovernmental Cooperation Agreement

For approximately the last 15 years there have been discussions between the City of Rochelle and the

Village of Creston regarding a boundary line agreement between the municipalities. There were some

previous discussions as to whether I-39 should be the boundary line; however, no such agreements were

reached. Recently, the City annexed property into its jurisdiction to develop the Pilot Travel Plaza. The

City expanded its utilities and now the area between I-39 and Mulford Road on Route 38 is developable.

In order to stave off any disputes in the future and in conjunction with the revised landfill agreements,

staff determined that it was prudent to enter into a boundary line agreement with the Village of Creston.

Pursuant to the proposed agreement the following boundaries would be established for future annexations:

A) The WEST jurisdictional boundary line between Creston and Rochelle shall commence on

THE EASTERN MOST NORTH/SOUTH RIGHT OF WAY OF MULFORD ROAD and Rochelle will

have jurisdiction of all property West of that line.

B) The NORTH boundary line of the City’s jurisdictional area will be the south right of way of

Lind /Gillis Rd. And the south boundary line will be the Ogle/Lee County Line.

Pursuant to this boundary agreement there will be a shared revenue area to the East of I-39 to Mulford

Road with the North and the South boundaries described above.

In that shared revenue area, Creston will receive the following:

For the Pilot Travel Plaza: a) The City of Rochelle shall pay to the Village of Creston after the City of Rochelle has been

reimbursed in the amount of $500,000 as and for the amount of its infrastructure costs from all

revenue derived therefrom, but in any event no later than 5 years from the date of this

Agreement, to the Village of Creston 25% of all revenue for as identified for Future

Development.

For Future Developments in the Shared Revenue Area the City will pay Creston:

a) 25% of the Non -Home Rule sales tax as long as both municipalities have a Non-Home

Rule Sales Tax at the time of any development subject to this Agreement.

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Section VI, Item 2.

b) 25% of the Hotel/Motel tax as long as both municipalities have a Hotel/Motel Tax at the

time of any development subject to this Agreement.

c) 25% of the Illinois Retailers Tax/occupational tax paid to or rebated back to the

municipality, as long as both municipalities have adopted such a tax at the time of any

development subject to this Agreement. This tax specifically excludes any Utility Taxes

and Excise Taxes.

d) 25% of the future Home Rule Sales Tax whether for general merchandise, special

merchandise or fuel, so long as both municipalities are home rule. If either one of the

municipalities is not home rule, then it shall not be able to share in any Home Rule Sales

Tax.

e) 25% of all gaming revenue derived in the SHARED REVENUE AREA.

The above payments shall be made based upon net revenues calculated after the deduction of any and all

tax rebates or tax incentive, including tax increment financing districts, development incentive provided

to any developer, or any infrastructure improvement costs incurred by the City of Rochelle.

Funding Sources:

Source: Budgeted Amount: Proposed Expenditure:

N/A

Strategic Plan Goal Application:

Recommendation: Staff recommends approving the three agenda items related to the Landfill, as addressed in

this staff memo.

69

Section VI, Item 2.

MEMORANDUM

From: Eric W. Peterson, University Professor

To: Dominick Lanzito, Peterson, Johnson & Murray Chicago, LLC

Subject: Review of Rochelle Landfill Cell 1 Exhumation

Date: 29, March 2021

Submitted below is my review of the potential exhumation of Cell 1 of the Rochelle Landfill.

If you have any questions or require further information, please contact me at (309) 438-7865 or via email: [email protected]

Eric W. Peterson

Digitally signed by Eric W. Peterson Date: 2021.03.29 13:23:49 -05'00'

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Section VI, Item 2.

I was tasked by the law firm Peterson, Johnson & Murray Chicago LLC to examine the potential Rochelle Landfill Exhumation, specifically Cell No. 1 of the city landfill. The Rochelle Landfill is approved to exhume Cell 1 and move the contents to another section of the landfill, with completion by 2023. A July 2011 permit (IEPA ID#1418030020) was issued to the then operator of the landfill, Rochelle Waste Disposal (RWD). In 2015, Waste Connections, Inc. (WC) began operating the landfill and proposed the exhumation was not necessary given the geologic materials underlying the landfill coupled with the materials hydrogeologic conditions make the exhumation unneeded.

To evaluate this proposal, an investigation and evaluation of previous documents and reports was conducted. For the investigation, a review of the annual evaluation reports (2007-2018), the annual evaluation of remedial activities (ERA) reported for the landfill submitted to the IEPA from 2006 to 2020, the EPA 40 CFR Part 258, and a Midwest Engineering & Testing, Inc. (MET) 2020 Report.

Site Description

Geology and Hydrogeology Cell 1 is situated in glacial till, primarily clay with discontinuous lenses of silt, sand, and gravel of the Tiskilwa Formation12. The Tiskilwa Formation, a diamicton, is a low permeability unit with reported horizontal hydraulic conductivity (K) values of 10-9 m/s (Akara et al., 2016) to 10-8 m/s (Hansel and Johnson, 1996). Site specific investigation reported a vertical K value of 5.4 x 10-10 m/s, which was based upon the geometric mean from 18 geologic cores. Development of Cell 1 removed the overlying sand and gravel deposits of the Henry Formation3, which represents a glacial outwash unit with a moderate permeability. The annual reports stated that Cell 1 has an in-situ clay liner, but additional details of the liner were not provided. The Tiskilwa Formation is 20 to 90 feet thick and overlies the Galena-Platteville (GP) Group45, a dolomite that serves as the uppermost aquifer in the area.

1 “The formation is the fundamental unit in lithostratigraphic classification. A formation is a body of rock identified by lithic characteristics and stratigraphic position; it is prevailingly but not necessarily tabular and is mappable at the Earth’s surface or traceable in the subsurface” North American Commission on Stratigraphic Nomenclature, 2005, North American stratigraphic code: AAPG Bulletin, v. 89, no. 11, p. 1547-1591, 2 A diamicton (25-40% clay) that serves as the basal unit of the Wedron Group, glacial lithostratigraphic units of Wisconsin Glacial Episode Hansel, A. K., and Johnson, W. H., 1996, Wedron and Mason Groups: Lithostratigraphic reclassification of deposits of the Wisconsin Episode, Lake Michigan Lobe area: Illinois State Geological Survey, Bulletin 104. 3 A highly stratified, unconsolidated sand and gravel interpreted as a glacial outwash unit deposited during the Wisconsin Glacial Episode, part of the Mason Group ibid. 4 “A group is the lithostratigraphic unit next higher in rank to formation; a group may consist entirely of named formations, or alternatively, need not be composed entirely of named formations” North American Commission on Stratigraphic Nomenclature, 2005, North American stratigraphic code: AAPG Bulletin, v. 89, no. 11, p. 1547-1591, 5 Ordovician aged (~480 to 440 million years ago) carbonate rocks of the Platteville Formation and the Galena Formation. The Platteville Formation is comprised of fossiliferious carbonate rocks, lime mudstones, wackestones, and ooids. The Galena Formation is comprised of lime mudstone-wackestones and lime packstones-grainstones . a,

71

Section VI, Item 2.

Hydraulic head data for the water table (surface or shallowest water) indicate that groundwater moves east to west, from a higher hydraulic head in the east to a lower hydraulic head in the west. The east to west movement is representative of the surface topography and drainage, which slopes to the west. A downward vertical hydraulic gradient was reported through the till, indicating movement of shallow groundwater deeper into the subsurface. The reported vertical gradient is 0.4 ft/ft, which is consistent with the data provided in the annual reports. Calculated vertical water velocities of 0.086 ft year indicate a downward travel time of 232 to 1046 years for the surface water to reach the underlying dolomite.

Groundwater movement within the dolomite is away from a structural high the runs Northwest to Southeast through Unit 2. Head data for the GP underlying Cell 1 illustrate hydraulic gradients to the east and north.

Groundwater Monitoring Water chemistry data have been collected from wells monitoring groundwater around Cell 1, and specifically, a Groundwater Management Zone (GMZ) to the southeast of Cell 1. The GMZ is aligned upgradient or sidegradient to the cell, which indicates that groundwater from Cell 1 may not move towards the GMZ. Multiple ions and organic compounds are monitored within the waters of the wells. Specific ions of interest include: Iron, Manganese, ammonia, arsenic, and Barium. In response to elevated concentrations of solutes that exceeded Acceptable Groundwater Quality Standards (AGQS), a Leachate/Gas Extraction system was installed in December 2001 in Cell 1. The extraction system is designed to decrease leachate heads and lower the levels of methane and carbon dioxide in the waters. Per the 2020 EAR report, the leachate/gas extraction system has been effective, with concentrations of both methane and carbon dioxide at 0 mg/L.

Dissolved Iron Elevated concentrations of dissolved iron were reported in a well within the GMZ (R107/A107), reaching a maximum in 2003 of 16,000 mg/L. Following the implementation of a corrective action plan, the leachate/gas extraction system, dissolved iron concentrations decreased with measured concentrations ranging from 18 to 34 mg/L. The wells in which the highest concentrations were observed are located at an upper gradient to sidegradient location to Cell 1. Fluid flow from Cell 1 would not be expected in these wells.

Dissolved Manganese Maximum measured concentrations of 2000 mg/L for dissolved manganese were observed in 1996 and have decreased to 390 mg/L in 2012. While the concentrations are above the baseline of 9.54 mg/L, the concentrations are consistent with waters from the Tiskilwa Formation.

and are carbonate rocks Kolata, D. R., 2010, Cambrian and Ordovician Systems: Geology of Illinois, Illinois State Geological Survey,

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Section VI, Item 2.

The elevated iron and manganese concentrations measured in the early 2000’s were a response to higher dissolved gas concentrations. The leachate/gas extraction system has lowered the concentrations of methane and carbon dioxide, which have altered the redox conditions such that iron and manganese are no longer soluble. The lower measured iron and manganese concentrations, while above the upgradient concentration, are consistent with those found in waters collected from the Tiskilwa Formation. In the 2020 ERA report, Andrews Engineering reported that the higher iron and manganese are naturally occurring from the diamicton and are not attributed to leachate.

Ammonia Since 2005, measured concentrations have been below 0.2 mg/L6.

Arsenic Arsenic concentrations of waters in the GMZ had been below the background level of 1 µg/L until 2019, when concentrations between 1.1 to 2.8 µg/L were measured. These concentrations are still below the performance standard of 0.05 mg/L (50 µg/L) set forth in § 258.40(a)(1) (USEPA, 2000)

Barium Measured concentrations of barium have been below 0.5 mg/L since 2006; the performance standard set forth in § 258.40(a)(1) for barium is 1.0 mg/L (USEPA, 2000).

Organic compounds The presence of organic compounds is a strong indicator of leachate. Per the 2020 ERA report, there is no history of detection of organic compounds within the waters of wells monitoring Cell 1. None of the compounds listed in the performance standard set forth in § 258.40(a)(1) (USEPA, 2000) were observed in the waters of the wells monitoring Cell 1 or within the GMZ.

Review Evaluation

40 CFR 258.40(b) defines a composite liner as a system comprised of two components: 1) an upper component consisting of a minimum of 30 mil flexible membrane liner (60 mil if high density polyethylene (HDPE) is used); and 2) a lower component consisting of compacted soil at least two feet deep with a K of no more than 1x 10-9 m/sec (USEPA, 2000). The United States Environmental Protection Agency (USEPA) found that the hydraulic conductivity of most geosynthetic clay liners (GCL) range from about 1 x 10-7 m/sec to less than 1 x 10-10 m/sec (USEPA, 2001). With a vertical hydraulic conductivity of 10-10 m/s, the diamicton of the

6 There is no US EPA action levels (maximum contaminant level) nor does the Illinois EPA list an action level United States Environmental Protection Agency, 2018, 2018 Edition of the Drinking Water Standards and Health Advisories Tables, Agency, U. S. E. P., Washington, DC, EPA 822-F-18-001, 20 p. Department of Public Health, 2007, Maximum Levels for Contaminants in Public Water Supplies, Health, D. o. P., Springfield, IL, 2 p.

73

Section VI, Item 2.

Tiskilwa Till exceeds the standard and lies within the range of most GCL systems. Davis, et al.7 (1997) examined the suitability of a diamicton to serve as an in-situ liner for a municipal landfill in South Dakota in lieu of a composite liner system. They found that the conductivity values decreased with depth through the diamicton as a result of the increased compression associated with the weight of the overlying material and the ice that had once been present. Lower conductivity values were also a function of fewer fractures within the diamicton with depth. The shallow diamicton decompressed following the retreat of the ice, resulting fractures as the material expanded. Fracture size and density decreased with depth, corresponding to lower K values.

There are multiple implications of the low vertical K value of the Tiskilwa Formation. First, the K values met, and may exceed, the standards required for synthetic systems. Second, two engineering firms hired to evaluate the site independently reported vertical travel times of 725 years from Cell 1 to the underlying aquifer of the GP dolomite. If the conditions follow those reported in a similar geologic setting (Davis et al., 1997), then the travel times represent a conservative estimate, with actual travels times being longer. Slow travel times through a diamicton, a material in which the geochemical conditions are anoxic and are conducive to biological or chemical attenuation, enhance natural remediation.

The GMZ to the southeast of Cell 1 occurs in an area that is a sidegradient (parallel to the flow direction) to Cell 1. Being sidegradient implies movement of leachate from Cell 1 to this area would be unlikely given the hydraulic gradient in the area. The absence of organic solutes and other key leachate markers indicate that leachate has not migrated to the GMZ. The elevated iron and manganese in the waters appear to be a result of redox conditions associated with elevated methane and carbon dioxide. The installation and operation of the leachate extraction system lowered the concentrations of both methane and carbon dioxide. The decrease in concentrations of the gases coincided with the lowering of the iron and the manganese, further supporting the role of redox conditions in elevating the iron and manganese and leachate is not the source.

The absence of organic solutes or ions characterizing leachate in the monitoring wells suggests that there has not been a release of leachate from Cell 1.

If leachate were to be released, the leachate would take at least 725 years to travel from Cell 1 to the GP dolomite. The travel would occur through the diamicton and would allow for natural attenuation of the leachate, which would lower the concentration to background levels.

The current water quality data illustrate that Cell 1 is not impacting the environment. The geologic and hydrologic conditions underlying Cell 1 meet or exceed the standards set for

7 Davis, R. K, Schaefer, V. R., Iles, D. L., Kortran, J. M., Koch, W., and Peterson, E. W., 1997, Hydrogeology and Hydrochemistry of Clayey Till at the Runge Landfill, Sioux Falls, South Dakota. South Dakota Geological Survey Open-File Report 9-BAS, 186p.

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Section VI, Item 2.

synthetic liner systems. These geologic and hydrologic conditions coupled with the absence of leachate from Cell 1 indicate there is little to no risk if Cell 1 is not exhumed.

In contrast, the exhumation process could release leachate that is currently contained. Additionally, the gases generated in the capped Cell 1, which are collected by the Leachate/Gas Extraction system, may be released during the excavation. However, I do not have expertise in landfill exhumation, nor do I have experience in reburial of the waste. Drawing from the reviewed documents, the MET report reported an approximated exhumation cost of $6 to $9 per cubic yard; Cell 1 contains an estimated 2,500,000 cubic yards of solids waste. The exhumation process would also require the sorting and removal of hazardous or special waste material, which are typically found in older landfills. Any identified hazardous or special waste material would need to be dispensed with following current regulations, adding to the exhumation and reburial costs.

References

Akara, M., Bruening, B., Chabela, L. P., Francis, A. K., Happel, A., Hawn, W., Kisfalusi, Z. D., Meister, P., Miller, J., Rhoads, M., O'Reilly, C., Peterson, E. W., and Twait, R., 2016, Groundwater flow along a gravel-san lense in a glaciated terrain: Geological Society of America Annual Meeting, v. 48, no. 7, doi:10.1130/abs/2016AM-285159.

Davis, R. K., Schaefer, V. R., Iles, D. L., Kortran, J. M., Koch, W., and Peterson, E. W., 1997, Hydrogeology and Hydrochemistry of Clayey Till at the Runge Landfill, Sioux Falls, South Dakota, Survey, S. D. G., Vermillion, SD, Open-File Report 9-BAS.

Department of Public Health, 2007, Maximum Levels for Contaminants in Public Water Supplies, Health, D. o. P., Springfield, IL, 2 p.

Hansel, A. K., and Johnson, W. H., 1996, Wedron and Mason Groups: Lithostratigraphic reclassification of deposits of the Wisconsin Episode, Lake Michigan Lobe area: Illinois State Geological Survey, Bulletin 104.

Kolata, D. R., 2010, Cambrian and Ordovician Systems: Geology of Illinois, Illinois State Geological Survey,

North American Commission on Stratigraphic Nomenclature, 2005, North American stratigraphic code: AAPG Bulletin, v. 89, no. 11, p. 1547-1591,

United States Environmental Protection Agency, 2018, 2018 Edition of the Drinking Water Standards and Health Advisories Tables, Agency, U. S. E. P., Washington, DC, EPA 822-F-18-001, 20 p.

United States Environmental Protection Agency (USEPA), 40 CFR Part 258, Federal Register, Vol. 65, No. 67, p. 18014-18018

United States Environmental Protection Agency (USEPA), 2001, Geosynthetic clay liners used in municipal solid waste landfills, Solid Waste and Emergency Response (5306W), EPA530-F-97-002, 8 p.

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Section VI, Item 2.

1

JURISDICTIONAL BOUNDARY LINE AND

INTERGOVERNMENTAL COOPERATION AGREEMENT

Village of Creston and City of Rochelle, Illinois

THIS AGREEMENT, made and entered into this ______ day of _________, 2021,

by and between the VILLAGE OF CRESTON, Ogle County, Illinois (“Creston”) and the

CITY OF ROCHELLE, Ogle County, Illinois (“Rochelle”),

WITNESSETH:

THAT WHEREAS, Creston and Rochelle are “units of local government” as defined by

Article VII, Section 1, of the Constitution of the State of Illinois of 1970; and

WHEREAS, units of local government are enabled by Article VII, Section 10 of the

Constitution of the State of Illinois of 1970 to enter into agreements 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 ordinance; and

WHEREAS, the Illinois Intergovernmental Cooperation Act, (5 ILCS 220/1 et seq.),

authorizes municipalities to exercise jointly with any public agency of the State, including other

units of local government, any power, privilege, or authority which may be exercised by a unit of

local government individually, and to enter into contracts for the performance of governmental

services, activities and undertakings; and

WHEREAS, 65 ILCS 5/11-12-9 provides “[t]hat if unincorporated territory is within one

and one-half miles of the boundaries of two or more corporate authorities that have adopted

official plans, the corporate authorities involved may agree upon a line which shall mark the

boundaries of the jurisdiction of each of the corporate authorities who have adopted such

agreements”; and

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Section VI, Item 2.

2

WHEREAS, certain unincorporated territory lies within one and one-half miles of the

boundaries of Creston and Rochelle; and,

WHEREAS, Creston and Rochelle have adopted official comprehensive plans for

making recommendations with respect to the development of that unincorporated territory.

WHEREAS, Creston and Rochelle recognize the need and desirability to provide for

logical future municipal boundaries and areas of municipal authority between their respective

corporate limits in order to plan effectively for growth management and potential development

between their communities, and to memorialize certain agreements between them related to

cooperation with regard to significant infrastructure developments within the unincorporated

territory and with regard to maintaining reasonably comparable impact fees and similar

development costs in order to foster fair competition; and

WHEREAS, Creston and Rochelle, after due investigation and consideration, have

determined to enter into an agreement providing for the establishment of a boundary for their

respective jurisdictions in the unincorporated territory lying between and near their boundaries;

and

WHEREAS, Creston and Rochelle have determined that the observance of the boundary

line in future annexations by either municipality will serve the best interests of both

communities; and

WHEREAS, in arriving at this Agreement, Creston and Rochelle have given

consideration to the natural flow of stormwater drainage and, when practical, have included all of

a single tract of land having common ownership within the jurisdiction of only one municipality;

and

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Section VI, Item 2.

3

WHEREAS, Creston and Rochelle have authorized, by ordinance, the execution of this

Agreement as an exercise of their intergovernmental cooperation authority under the Constitution

of the State of Illinois, and the Intergovernmental Cooperation Act, and their authority to enter

into jurisdictional boundary agreements pursuant to 65 ILCS 5/11-12-9; and

WHEREAS, Creston and Rochelle have caused to be published not less than thirty (30)

days and not more than 120 days prior to the formal approval hereof public notice of the

proposed boundary agreement by posting a public notice for not less than 15 consecutive days in

the same location at which notice of all Village Board or City Council meetings of both

Municipalities are posted and publication on at least one occasion in the Rochelle News-Leader,

a newspaper of general circulation within the territory that is subject to the proposed agreement;

and have otherwise complied with the requirements and is within the terms and conditions of 65

ILCS 5/11-12-9.

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual

promises hereinafter contained, the adequacy and sufficiency of which the parties hereto

stipulate, Creston and Rochelle agree as follows

Section 1. Incorporation of Recitals. The recitals set forth above are incorporated herein

by reference as substantive provisions of this Agreement.

Section 2. Jurisdictional Boundary Line.

a) The WEST jurisdictional boundary line between Creston and Rochelle for the purpose

of establishing their respective jurisdictions for land use planning, official map purposes, zoning,

subdivision control and annexation of unincorporated territory, and other municipal purposes, all

as hereinafter provided, shall commence on THE EASTERN MOST NORTH/SOUTH

RIGHT OF WAY OF MULFORD ROAD such that Rochelle shall have jurisdiction of all

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Section VI, Item 2.

4

property West thereof as depicted upon the map attached hereto and made as Exhibit A

hereinafter referred to as ‘ROCHELLE JURISDICTIONAL AREA’, including all areas

already annexed into the City as depicted in City’s official zoning map.

b) The EAST jurisdictional boundary line between Creston and Rochelle, for the

purposes of establishing their respective jurisdictions for land use planning, official map

purposes, zoning, sub division control and annexation of unincorporated territory, and other

municipal purposes, all as hereinafter provided, shall commence on THE EASTERN MOST

NORTH/SOUTH RIGHT OF WAY OF MULFORD ROAD such that Creston shall have

jurisdiction of all property east thereof as depicted upon the map attached hereto and marked as

Exhibit B hereinafter referred to as “CRESTON JURISDICTIONAL AREA”.

c) The NORTH boundary line of said jurisdictional areas shall be the south right of way

of Lind /Gillis Rd. and the south boundary line shall be the Ogle/Lee County Line as depicted

upon the map attached hereto as ‘Exhibit A’ and ‘Exhibit B’ and made a part hereof.

The Rochelle Jurisdictional Area, together with all territory located within the corporate

limits of Rochelle from time to time, shall be within the Rochelle territory (“Rochelle Territory”)

The Creston Jurisdictional Area, together with all territory located within the corporate

limits of Creston from time to time, shall be within the Creston territory (“Creston Territory”).

Section 3. Exercise of Authority.

a) Creston agrees that it shall not exercise or attempt to exercise or enforce any

comprehensive plan jurisdiction, official map jurisdiction, zoning authority or

subdivision control authority within the Rochelle Jurisdictional Area.

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Section VI, Item 2.

5

b) Rochelle agrees that it shall not exercise or attempt to exercise or enforce any

comprehensive plan jurisdiction, official map jurisdiction, zoning authority or

subdivision control authority within the Creston Jurisdictional Area.

Section 4. Statutory Zoning Objections. This Agreement shall not be construed to limit

or adversely affect the right of either municipality to file a statutory objection to proposed re-

zonings within one and one-half (1 ½) miles of its corporate limits.

Section 5. Annexation. Both Creston and Rochelle acknowledge that it is not in their

respective best interests to engage in disputes with respect to the annexation of territory. The

boundary line established pursuant to this Agreement was carefully studied and considered with

respect to those matters heretofore set out in the recitals to this Agreement. Therefore, each

municipality agrees not to annex any territory which is located in the other municipality’s

Territory, as shown on Exhibit A and Exhibit B. Notwithstanding, subject to approval by both

parties and pursuant to an Intergovernmental Agreement between the City of Rochelle and the

Village of Creston regarding siting amendments to the Rochelle Landfill No. 2, the City shall not

object to the annexation of that certain property owned by Rochelle Waste Disposal, LLC , or its

subsidiary consisting of the 124 acres mol at the most eastern portion of the Rochelle Landfill

No. 2 as depicted upon the map attached hereto and marked as Exhibit C, and made a part

hereof.

Creston and Rochelle also agree to take all reasonable and appropriate actions to oppose

any involuntary or court-controlled annexation proceedings by property owners who propose to

annex territory within either municipality’s Territory in a manner inconsistent with this

Agreement.

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Section VI, Item 2.

6

In addition, Creston and Rochelle each hereby agree that each of them waives any right to

challenge or otherwise contest the validity of any annexation the other municipality has effected,

to the date of this Agreement for territory located within such other municipality’s Territory.

Creston and Rochelle further agree not to solicit or otherwise make any requests, formal

or informal, to any third party to encourage the disconnection from the other municipality of land

within the municipality’s Territory or to challenge the validity of the other municipality’s past,

current, or future annexations within such other municipality’s Territory.

Section 6. General Implementation. The parties hereto agree to cooperate to the fullest

extent possible, and take all steps reasonably practicable, to achieve any appropriate modification

of the postal service boundary, the NIPC and Illinois EPA Facilities Planning Area, the local

access telephone service area code, and the Emergency 911 telephone service area, to conform to

the boundary defined under this Agreement.

Section 7. Infrastructure.

a) The parties hereto acknowledge that Rochelle may, from time to time, have plans

relating to future water and sanitary sewer facilities needed to service property which is located

within portions of the Creston Jurisdictional Area. The municipalities agree to cooperate in the

construction of such water and sanitary sewer facilities in said areas as may be necessary to

service development within said areas when development occurs.

b) Should either municipality construct any such facilities which would be able to service

any portion of the other municipality's Jurisdictional Area, the municipalities shall enter into an

agreement which provides, among other things, for connection fees to be paid by the

municipality which requires the facilities in its respective Jurisdictional Area when any property

connects to the facilities, or any developer which constructs the facilities as part of the

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Section VI, Item 2.

7

development, and to record such agreement, or a memorandum of same, in the office of the Ogle

County Recorder.

c) The parties hereto agree that they shall extend Sewer and Water as well as electrical

utilities to the east or west, as the case may be, property line of the property developed within

their jurisdictional area.

d) The parties hereto agree that they shall cooperate and not unreasonable deny access to

same with reference to development of abutting property including for public services such as

water, sewer, roadways and storm water management.

e) City of Rochelle and Village of Creston shall share proposed developments and plans

as may be necessary to promote the infrastructure development of both parties.

Section 8. Pilot Development. The parties hereto agree that the property now annexed

into the City of Rochelle and commonly referred to as the ‘PILOT DEVELOPMENT’ and as

depicted upon the map attached hereto and marked as Exhibit E and made a part hereof shall

remain annexed to the City of Rochelle subject to the following terms and conditions:

a) The City of Rochelle shall pay to the Village of Creston after the City of Rochelle has

been reimbursed in the amount of $500,000 as and for the amount of its infrastructure

costs from all revenue derived therefrom, but in any event no later than 5 years from

the date of this Agreement, to the Village of Creston 25% of all revenue set forth

hereinafter in Section 9 entitled Future Development.

b) Creston hereby waives its right to contest or otherwise take action for the failure to

notify same for the re-zoning of that certain parcel annexed by Rochelle within

Creston’s one and one-half corporate limits and commonly referred to as the Pilot

Development .

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Section VI, Item 2.

8

Section 9. Future Developments (SHARED REVENUE AREA). Those properties

located within the SHARED REVENUE AREA, as depicted in Exhibit D shall be developed at

the sole cost of the City of Rochelle including all improvements of public services such as water,

sewer, roadways, stormwater management and electrical utilities.

The City shall pay to the Village the revenue derived from the SHARED REVENUE

AREA, as follows:

a) 25% of the Non -Home Rule sales tax as long as both municipalities have a Non-

Home Rule Sales Tax at the time of any development subject to this Agreement.

b) 25% of the Hotel/Motel tax as long as both municipalities have a Hotel/Motel Tax

at the time of any development subject to this Agreement.

c) 25% of the Illinois Retailers Tax/occupational tax paid to or rebated back to the

municipality, as long as both municipalities have adopted such a tax at the time of

any development subject to this Agreement. This tax specifically excludes any

Utility Taxes and Excise Taxes.

d) 25% of the future Home Rule Sales Tax whether for general merchandise, special

merchandise or fuel, so long as both municipalities are home rule. If either one of

the municipalities is not home rule, then it shall not be able to share in any Home

Rule Sales Tax.

e) 25% of all gaming revenue derived in the SHARED REVENUE AREA.

The above payments shall be made based upon net revenues calculated after the

deduction of any and all tax rebates or tax incentive, including tax increment financing districts,

development incentive provided to any developer, or any infrastructure improvement costs

incurred by the City of Rochelle.

Any party to this agreement shall be free to negotiate any recapture agreement from any

development within their jurisdictional area so long as same is negotiated in good faith and not

used as an economic tool to encourage development within its own jurisdictional area.

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Section VI, Item 2.

9

Neither party shall seek, nor receive reimbursement from the other for police or fire

protection associated within its respective jurisdictional area other than as subsequently agreed

upon hereafter.

The Village of Creston and the City of Rochelle shall continue to cooperate in the future

with reference to plans for development of the SHARED REVENUE AREA and both parties

shall continue to share information with one another in reference to proposed developments

within said area, to the extent allowed by any Developer and subject to any confidentiality

agreements.

Each party hereto agrees that it shall within fourteen (14) days of receipt of any

information regarding potential development therein, give full disclosure to the other of said

potential development which party shall then be subject to any non-disclosure agreements

including the names of individuals or otherwise together with contact numbers, to the extent

allowed by any such non-disclosure agreements.

Section 9. Binding Effect. This Agreement shall only be binding upon both

municipalities reaching an agreement with the landfill operator concerning the exhumation of

Unit 1 of the Rochelle Landfill, the Illinois Environmental Protection Agency (“IEPA”) issues a

final and Non-appealable order, and all of the Conditions Precedent and obligations contained in

the Intergovernmental Agreement between the City of Rochelle and the Village of Creston being

fulfilled. Should either of the municipalities fail to reach an agreement with the landfill operator

regarding the exhumation of Unit 1 of the Rochelle Landfill or any of the Conditions Precedent

and obligations contained in the Intergovernmental Agreement between the City of Rochelle and

the Village of Creston fail to be met, then this agreement shall be null and void and of no legal

effect. Should both Creston and Rochelle reach an agreement with the landfill operator and the

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Section VI, Item 2.

10

IEPA issues a Final and Non-Appealable order regarding the exhumation of Unit 1 of the

Rochelle Landfill, then this Agreement shall only be binding upon and shall apply only to the

legal relationship between Creston and Rochelle. Nothing herein shall be used or construed to

affect, support, bind or invalidate any claims of either Creston and/or Rochelle insofar as such

claims shall affect any person, firm or entity for which is not a party to this Agreement.

Section 10. Amendment. Neither Creston nor Rochelle shall directly or indirectly seek

any modification of this Agreement through court action and this Agreement shall remain in full

force and effect until amended or changed in writing by the mutual agreement of both Creston

and Rochelle.

Section 11. Partial Invalidity. If any provisions of this Agreement shall be declared

invalid for any reason, such invalidation shall not affect other provisions of this Agreement

which can be given effect without the invalid provisions and to this end, the provisions of this

Agreement are deemed to be severable.

Section 12. Notice and Service. Any Notice hereunder from either party hereto to the

other party shall be in writing and shall be served by registered or certified mail, postage prepaid,

return receipt requested addressed as follows:

To Creston: Village of Creston

110 N. Main St.

P.O. Box 36

Creston, IL 60113

Attn: Village President

To Rochelle: City of Rochelle

420 N. 6th Street

Rochelle, IL 61068

Attn: City Manager

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Section VI, Item 2.

11

Or to such persons or entities and at such address as either party may from time to time

designate by notice to the other party. Notice shall be deemed received on the third business day

following deposit in the U.S. Mail in accordance with this Section.

Section 13. Term. This Agreement shall be in full force and effect for a period of twenty

(20) years from and after the date hereof. The term of this Agreement may be extended, renewed

or revised at the end of this initial term or any extended term thereof by further agreement of

Creston and Rochelle.

Section 14. Illinois Law. This Agreement shall be construed in accordance with the laws

of the State of Illinois.

Section 15. Execution of Agreement, Recordation. Subject to the terms and conditions

herein, this Agreement shall not become effective until a copy thereof, certified as to adoption by

the Village Clerk of Creston and the City Clerk of Rochelle has been filed in the Recorder’s

office of Ogle County. A copy of this Agreement shall be made available in the office of the

municipal clerk of each party.

[REMAINDER OF PAGE LEFT BLANK]

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Section VI, Item 2.

12

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the

date first above written.

VILLAGE OF CRESTON, an CITY OF ROCHELLE, an Illinois

Illinois Municipal Corporation, Municipal Corporation,

By: ______________________ By: ________________________

Village President City Manager

ATTEST: ATTEST:

___________________________ ___________________________

Village Clerk City Clerk

This Document Prepared by and Return to:

TESS, CRULL & ARNQUIST, LLC

1090 N. 7th St.

P.O. Box 68

Rochelle, IL 61068

(815) 562-8754

(815) 562-3412

11 24 20 th

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Section VI, Item 2.

13

EXHIBIT A

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Section VI, Item 2.

14

EXHIBIT B

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Section VI, Item 2.

15

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Section VI, Item 2.

16

EXHIBIT D

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Section VI, Item 2.

17

EXHIBIT E

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Section VI, Item 2.

INTERGOVERNMENTAL AGREEMENT BETWEEN

THE CITY OF ROCHELLE AND THE VILLAGE OF CRESTON

THIS INTERGOVERNMENTAL AGREEMENT entered into this ____day of _____,

2021 between the City of Rochelle, an Illinois Municipal Corporation and the Village of

Creston, an Illinois Municipal Corporation (collectively referred to as “the Parties”);

WITNESSETH

THAT WHEREAS, the constitution of the State of Illinois and the Intergovernmental

Corporation Act, as amended (5 ILCS 220/1 et seq.) and the Illinois Municipal Code (65 ILCS

5/1-1-5 et seq. and 5/11-15.1-1 et seq) authorize units of local Government to exercise their

powers, privileges or authority, and to enter into Intergovernmental Agreements; and

WHEREAS, the City of Rochelle (“City”) and the Village of Creston (“Village”) are all

units of local Government which wish to enter into this Agreement for the purpose of

memorializing certain agreements between them related to the existing landfill owned by the

City and located within the corporate boundaries of the City, near the Village; and

WHEREAS, on or about October 16, 2006, City filed an Amended Siting Application

for the expansion of the Rochelle Landfill No. 2 which application provided therein if

approved for the exhumation of Unit No. 1 on or before April 5, 2023; and

WHEREAS, in January 2007 siting hearings were held for the landfill expansion, which

included the aforementioned exhumation of Unit No. 1; and

WHEREAS, on or about April 11, 2007 the City Council of the City approved the

expansion of the landfill, subject to thirty-seven (37) separate siting conditions; and

WHEREAS, after various Amendments and an appeal to the State Appellate Court, on

or about July 18, 2011, the Illinois Environmental Protection Agency (“IEPA”) issued the

Development Permit for the expanded landfill; and

WHEREAS, subsequent thereto on April 5, 2013 the Rochelle Landfill Operator then

Rochelle Waste Disposal started putting waste into the expanded landfill subject to the

approved siting conditions; and

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Section VI, Item 2.

WHEREAS, the City and Village contemplate an amendment of said siting condition to

provide that the exhumation of Unit No. 1 in the Rochelle Landfill No. 2 will not be required

based upon an updated analysis of the exhumation process and certain agreements by and

between the Operator, now, Rochelle Waste Disposal, LLC and the Village, and certain

agreements by and between Rochelle Waste Disposal, LLC, the City and Village, and Ogle

County; and

WHEREAS, the City acknowledges the Village has entered into independent

negotiations with Rochelle Waste Disposal, LLC, to which the City is not a party and, which

negotiations the City acknowledges among other things, includes the transfer of Real Estate to

Village from Rochelle Waste Disposal, LLC which property is at the most eastern portion

Rochelle Landfill No, 2 as depicted upon the map attached hereto, made a part hereof and

marked as Exhibit 1, which property will be annexed to the Village;

NOW, THEREFORE, in consideration of the mutual promises contained herein and

otherwise hereby acknowledged the City and Village agree as follows;

SECTION ONE; INCORPORATION OF RECITALS

The recitals set forth above are incorporated herein by reference as substantive provisions

of this agreement

SECTION TWO; CITY AMENDMENTS TO HOST AGREEMENTS

1. The City shall take all steps necessary and within its control to amend the prior siting

condition and Host Agreements as may be necessary to eliminate the requirement for the

exhumation of Unit No. 1in the Rochelle Landfill No. 2.

2. The City shall take all steps necessary and within its control to amend its Host

Agreement or otherwise as necessary to increase its allowable waste into Rochelle

Landfill No. 2 from 300,000 tons per year to 650,000 tons per year and amend the daily

average limit of 1000 tons per day to 2500 tons per day; provided however, said

amendment shall include, Operator shall not exceed Ten (10%) exempt waste, as defined

therein, into the Landfill.

SECTION THREE; CONDITIONS PRECEDENT

1. The amendments as set forth above are contingent upon the following conditions being

included therein or otherwise as agreed upon hereafter:

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Section VI, Item 2.

a) Written notice from the Village of an Agreement between the Village and

Rochelle Waste Disposal, LLC which the parties hereto acknowledge is

adequate consideration to the Village.

b) The City and Village having entered into an agreed upon Boundary

Agreement pursuant to 65 ILCS 5/11-12-9 and filed with the Ogle

County Recorder.

c) The requirement pursuant to the prior Host Agreements that the City pay

Rochelle Waste Disposal, LLC the amount of EIGHT HUNDRED AND

FIFTY THOUSAND ($850,000.00) DOLLARS for a portion of the

exhumation costs is terminated. This condition is further contingent upon

Rochelle Waste Disposal, LLC receiving its IEPA Final and Non-

Appealable Permits for the modifications of Rochelle Landfill No. 2 to

eliminate the exhumation of Unit No. 1 and for post closure procedure as

may be necessary.

d) The requirement pursuant to the prior Host Agreements that the City pay

to Rochelle Waste Disposal, LLC the amount of SEVEN HUNDRED

AND FIFTY THOUSAND ($750,000.00) DOLLARS towards the repair

and rebuild of Mulford Road is terminated. This condition is further

contingent upon Rochelle Waste Disposal, LLC receiving its Final and

Non-Appealable IEPA Permits for the modifications of Rochelle Landfill

No. 2 to eliminate the exhumation of Unit No. 1 and post closure

procedure as may be necessary.

e) The payment of ONE MILLION FIVE HUNDRED THOUSAND

($1,500,000.00) DOLLARS from Rochelle Waste Disposal, LLC to City

upon Rochelle Waste Disposal, LLC receiving its Final and Non-

Appealable IEPA Permits for the modifications of Rochelle Landfill No.

2 to eliminate the exhumation of Unit No. 1 and post closure procedure

as may be necessary.

f) Notwithstanding the above the Village may negotiate the reduction of the

Landfill base/elevation so long as same is no less than 918 feet msl and

no greater than the previously cited 940 feet msl and upon reaching said

agreement the City shall amend the Siting conditions consistent

therewith.

g) The Parties agree that the City of Rochelle Landfill No. 2 shall cease

receiving Waste and that the closure of the landfill and the post closure

period for the landfill shall have commenced on or before December 31,

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Section VI, Item 2.

2040. Neither the Village nor the City shall seek further IEPA approval for

expansion or modification of the Landfill except as necessary for closure

or as subsequently agreed upon in writing by the Village and the City.

h) Neither the Village nor the City shall seek further siting or any other such

steps individually or through an agent, operator, waste hauler, or otherwise

participate in siting or placement of a waste facility within 5 miles of the

Village of Creston corporate limits, as they now exist or as they may exist

in the future, without the agreement of the other party.

i) The Parties agree that should the City, by negotiation or otherwise, obtain

an increase in Tipping Fees from the Operator, the Village shall also

receive a pro rata share of the increase based upon the current percentage

of the tipping fee it currently receives.

SECTION FOUR; GENERAL PROVISIONS

1. Prior Agreements; All prior Agreements between the Operator, now Rochelle Waste

Disposal, LLC, City, Village, and County of Ogle pursuant to the various Host

Agreements and Agreement for Operation/Development of the City of Rochelle Landfill

No. 2 and all amendments thereafter together with all of the siting conditions, including

all “ Host Fees” whether fixed or graduated and from whatever source and the

distribution thereof, shall remain in full force and effect, provided; however, the City

acknowledges Ogle County is negotiating a modification of its Host fees payable by

Rochelle Waste Disposal, LLC to said Ogle County.

2. Binding Effect; The provisions of this agreement shall be binding upon and inure to the

benefits of the Parties hereto, and their respective successors and assigns.

3. Governing Law; This agreement shall be governed by and be construed in accordance

with the laws of the State of Illinois.

4. Severabilty; In the event that any provision of this agreement is found to be

unconstitutional or in violation of applicable law, it shall not affect the remaining

provisions of this agreement except that all “Conditions Precedent” shall not be

severable and all such conditions shall remain a part hereof or this agreement may be

null and void at either party’s discretion.

5. Further Assistance; Each party shall do such act and execute such further documents as

are within its power in order to give full force and effect to the provisions of this

Agreement.

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Section VI, Item 2.

6. Amendment; This Agreement may be amended, modified or supplemented only in

writing signed by both parties.

7. Entire Agreement; This Agreement is the entire agreement between and among the

parties regarding the subject matter hereof.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the

date first above written.

This Document Prepared by and Return to:

TESS, CRULL & ARNQUIST, LLC

1090 N. 7th St.

P.O. Box 68

Rochelle, IL 61068

(815)562-8754

VILLAGE OF CRESTON, an CITY OF ROCHELLE, an

Illinois Municipal Corporation, Illinois Municipal Corporation,

By:_______________________ By:_______________________

Village President City Manager

ATTEST: ATTEST:

__________________________ __________________________

Village Clerk City Clerk

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98

Section VI, Item 2.

EXHIBIT 1

99

Section VI, Item 2.

1 {00095252.DOCX.8}}

CONDITIONAL AMENDED AND RESTATED

HOST AGREEMENT AND AGREEMENT FOR

THE OPERATION AND DEVELOPMENT

OF

CITY OF ROCHELLE LANDFILL NO. 2

THIS AMENDED AND RESTATED HOST AGREEMENT AND AGREEMENT FOR

THE OPERATION AND DEVELOPMENT OF CITY OF ROCHELLE LANDFILL NO. 2

(this “Agreement”) is executed July __, 2021, by the CITY OF ROCHELLE, ILLINOIS

(“CITY”) and ROCHELLE WASTE DISPOSAL, L.L.C., an Illinois limited liability company

(“OPERATOR”), and amends and restates in its entirety that certain RESTATEMENT OF

HOST AGREEMENT and AGREEMENT FOR OPERATION/DEVELOPMENT OF CITY OF

ROCHELLE LANDFILL NO. 2, dated September 26, 2006 (the “Restated Original

Agreement”).

RECITALS

WHEREAS, the CITY is the owner of the City of Rochelle Sanitary Landfill No. 2

which, at the time that the Restated Original Agreement was executed, was located

approximately one mile east of the eastern most boundary of the City of Rochelle on Mulford

Road in southern Ogle County, Illinois. The property which comprises the Rochelle Sanitary

Landfill No. 2 was subsequently annexed into the CITY, which is more fully described and

depicted on Exhibit B attached hereto (the “Landfill”);

WHEREAS, OPERATOR currently leases and operates the Landfill pursuant to the

Restated Original Agreement;

WHEREAS, the CITY and OPERATOR are interested in renegotiating the Restated

Original Agreement for the continued lease, operation and development of the Landfill (until all

present capacity and any capacity permitted by that certain expansion of the Landfill approved as

of May 6, 2008 have been filled pursuant to the terms and conditions of this Agreement);

WHEREAS, The Original Agreement was subsequently amended by amendments dated

December 19, 1998, and January 21, 1999, respectively and the CITY and OPERATOR desire to

amend the Restated Original Agreement to eliminate the obligation to provide for the

exhumation of the waste previously disposed of in “Unit 1” of the Landfill (the ““Unit 1”

Waste”);


December 19, 1998, and January 21, 1999, respectively and the CITY and OPERATOR desire to

amend the Restated Original Agreement to eliminate the obligation for the CITY to reimburse

the OPERATOR for any cost related to the improvement of the Mulford Road Improvements (as

described herein);

WHEREAS, additionally, representatives of OPERATOR have provided certain

operational and design information and recommendations to representatives of the CITY staff to

assist them in developing design concepts and to clarify the position of OPERATOR as

OPERATOR responsible for the operation of the Landfill;

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WHEREAS, the CITY and the OPERATOR will modify the payments to the CITY

(“Tipping Fees”) received by the CITY for the waste that consumes space at the Landfill, and

specify additional waste, for which the CITY will receive compensation;

WHEREAS, OPERATOR desires to continue leasing, operating and further developing

the Landfill pursuant to the terms and conditions set forth in this Agreement; and

WHEREAS, in addition to the foregoing, the Parties desire to reduce to writing the terms

of all amendments to the Restated Original Agreement on which they have agreed and to

completely amend and restate the Restated Original Agreement as amended in its entirety in a

single document.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein

contained, and in reliance upon the recitals set forth above which are incorporated herein by

reference, it is hereby agreed that the CITY and OPERATOR amend and restate the

RESTATEMENT OF HOST AGREEMENT AND AGREEMENT FOR

OPERATION/DEVELOPMENT OF CITY OF ROCHELLE LANDFILL NO. 2 in its entirety to

read as follows:

1. CONDITION PRECEDENT. Notwithstanding any other term or condition of this

Agreement, it shall be a condition precedent to the effectiveness of this Agreement that the

Landfill shall have received from the Illinois Environmental Protection Agency (“IEPA”) Final

and Unappealable permit modification approvals (including approval that “Unit 1” shall be

closed without exhumation of the “Unit 1” Waste pursuant to IEPA and United States

Environmental Protection Agency (“USEPA”) guidelines) (the “Mod Permits”). For purposes of

this Agreement, the phrase “Final and Unappealable” shall mean final for all purposes and not

subject to further legal or administrative challenge or appeal. The date that the Mod Permits

become Final and Unappealable shall be defined as the “Effective Date”. In the event that the

Landfill does not receive Final and Unappealable Mod Permits from IEPA, this Agreement shall

not become effective, and the terms and conditions of the Restated Original Agreement shall

continue to apply and govern the relationship between the CITY and OPERATOR.

2. PREMISES.

2.1 Description. CITY hereby leases to OPERATOR, and OPERATOR leases for the term,

upon all of the conditions set forth herein, as well as all of the conditions in the documents set

forth in Exhibit A (which are attached hereto and incorporated herein by this reference), the real

property and improvements commonly known as the City of Rochelle Sanitary Landfill (as

described in Exhibit B attached hereto and incorporated herein by this reference).

3. TERM.

3.1 Lease Term. The term of the lease granted pursuant to this Agreement commenced on

April 26, 1995 (i.e., the date of the original Host Agreement and Agreement for

Operation/Development of City of Rochelle Landfill No. 2, entered into by the Parties

(the “Original Agreement”)) and shall continue for: (a) as long as any capacity permitted for the

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disposal of solid waste remains in the real property described on Exhibit B; or (b) until

December 31, 2040 if the period described in clause (a) above is more than twenty (20) years.

The term of this lease shall continue during any temporary periods in which the permitted

capacity is not available due to the termination or lapse of any necessary permit if OPERATOR

is pursuing the necessary permits in a reasonable manner and is otherwise in compliance with all

other provisions of this Agreement.

3.2 Disposal Capacity Period. OPERATOR shall provide CITY with disposal capacity until

December 31, 2040, or for as long as capacity remains in the Landfill, whichever occurs first, for

all residential solid waste generated within the City of Rochelle (as the boundaries of such

municipality may be adjusted from time in the future during the term of this Agreement) and all

nonhazardous solid waste generated by the CITY from its own activities

(governmental/institutional waste). OPERATOR’s obligation to provide the capacity outlined

above shall continue during the term of this Agreement.

4. OPERATIONS.

4.1 Waste Limits. As long as any capacity permitted for the disposal of solid waste remains

in the real property described on Exhibit B or in any expansion sited by OPERATOR pursuant

to the terms of this Agreement or in any expansion sited by the CITY pursuant to the terms of

this Agreement which is consistent with the terms of this Agreement, OPERATOR shall dispose

of CITY’s residential and governmental/institutional waste at no charge so long as such amounts

collected do not exceed Seventeen Thousand and Seventy-one (17,071) tons per year in the first

five (5) years under this Agreement. For purposes of this Agreement, the term

“governmental/institutional waste” shall include POTW sludge generated by the CITY’s sewage

treatment plant. Thereafter, CITY shall be entitled to increase the initial, base annual cumulative

waste generation figure for which no charge for disposal is assessed by a maximum often percent

(10%) of the initial base annual waste generation figure for every subsequent five (5) year period

included within the Host Agreement. In addition to the waste limits set forth herein, the CITY

shall have the right to dispose, at no charge, of an additional Ten Thousand (10,000) tons per

year of Clean Construction or Demolition Debris, or CCDD, at the Redesigned Landfill. Said

CCDD shall not count against the CITY’s waste limits otherwise set forth in this Agreement.

For the purposes of this Agreement, the term “Clean Construction or Demolition Debris” or

“CCDD” shall have the meaning set forth in Section 3.160(b) of the Illinois Environmental

Protection Act [415 ILCS 5] (the “IEP Act”). For the avoidance of doubt, the annual cumulative

waste generation figure for each five (5) year period shall be as follows:

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Applicable Five-

Year Period

Annual Residential

and Governmental/

Institutional Waste

Disposal Figure

Annual CCDD

Disposal Figure

Annual Cumulative

Waste Disposal

Figure

2021-2025 17,071 10,000 27,071

2026-2030 18,779 10,000 28,779

2031-2035 20,656 10,000 30,656

2036-2040 22,722 10,000 32,722

2041-2045 24,994 10,000 34,994

In the event that residential and governmental/institutional waste is accepted in an amount which

exceeds the yearly waste disposal figure exempt from disposal charges set forth herein, then the

charge for acceptance of the incremental waste volume above the yearly amount exempt from

disposal charge shall be assessed at the lowest disposal rate which is actually being charged

and/or received by OPERATOR at that time for similar municipal solid waste. In the event that

OPERATOR provides or obtains disposal capacity for the CITY pursuant to Section 3.2 at any

other facility, the charge or fee to the CITY shall not exceed the lowest charge which

OPERATOR or any member of OPERATOR then charges for the disposal of municipal solid

waste (in the case of a facility owned or controlled by OPERATOR or a member of

OPERATOR) and in the case of disposal capacity provided at any other facility, shall be

determined by the mutual agreement of the parties.

4.2 Standards. The Landfill shall be operated so as to comply with all provisions of the IEP

Act, rules and regulations of the Illinois Environmental Protection Agency and the Illinois

Pollution Control Board, the provisions of Subtitle D of The Resource Conservation and

Recovery Act of 1976 (RCRA), as well as all conditions and requirements of any significant

modification permit issued by the State of Illinois to the CITY, and any other applicable rules or

regulations now in effect or enacted hereafter. Pursuant to the terms and conditions of this

Agreement, OPERATOR proposes to redesign the Landfill so as to close “Unit 1” of the Landfill

without exhuming and redisposing of the “Unit 1” Waste (the “Redesigned Landfill”). In

addition, the proposed redesign of the Redesigned Landfill shall be designed, constructed and

operated so as to comply with all provisions of the IEP Act, rules and regulations of the Illinois

Environmental Protection Agency and the Illinois Pollution Control Board, the provisions of

Subtitle D of RCRA, and any other applicable rules or regulations now in effect or enacted

hereafter.

4.3 Flow Quantity.

(a) As part of the Fee Arrangement, OPERATOR guarantees a minimum fee payable

under Section 5.4 below which is equivalent to a flow quantity of three hundred (300) tons per

day for each full day that the Landfill is open to accept waste, and guarantees payment of all

required Host Agreement fees or royalties on this minimum amount for the term of this

Agreement. In this regard, OPERATOR and the CITY intend that, subject to holidays, the

Landfill will be open to accept waste Monday through Friday and may be open for one-half day

on Saturday. The minimum daily flow quantity shall be pro-rated for Saturdays and shall not

apply to any day on which the Landfill would otherwise be closed but on which OPERATOR

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opens the Landfill at the request of a third party to accept a specific load or loads of waste under

unusual circumstances. Payment of such fees shall be made by OPERATOR to CITY on or

before the 10th day of each month.

(b) In the event that an expansion of the Landfill which is consistent with the terms of

this Agreement is applied for by the CITY in accordance with the provisions of this Agreement

and such an expansion of the Landfill receives final and non-appealable local siting approval, the

Expanded Facility will be permitted to receive not more than 650,000 tons of waste per year and

a daily average limit of 2,500 tons per day; provided, however, that OPERATOR shall not

exceed Ten (10%) Exempt Waste, as defined herein. Notwithstanding the foregoing, the CITY

may grant a waiver of this volume limitation in the event of major emergencies or other unusual

local projects requiring significant waste disposal. For the purposes of this Agreement, Exempt

Waste shall be defined as set forth in 415 ILCS 5/22.15, et seq., excluding the CITY’s residential

and governmental/institutional Exempt Waste, as well as the construction waste from the CITY.

4.4 County Criterion. To the extent applicable, the Redesigned Landfill shall meet all duly

enacted County siting criteria developed pursuant to the Ogle County Solid Waste Management

Plan.

4.5 Waste Streams.

(a) The Redesigned Landfill shall accept no new special waste streams generated

from outside a 100-mile radius of the incorporated city limits of the City of Rochelle, Illinois,

without first receiving prior written approval by CITY so as to ensure that receipt of such special

waste streams will not cause or threaten to cause a violation of any applicable federal, state

and/or local law designed and/or intended to protect the human health, safety, welfare and/or the

environment.

(b) The Redesigned Landfill will not be permitted to accept knowingly waste

generated in the City of Chicago without the prior written approval of the CITY. OPERATOR

will maintain accurate records, which are reasonably sufficient to allow the CITY to verify its

compliance with the provisions of this Section.

(c) No free liquids may be accepted at the Redesigned Landfill without the prior

written approval of the CITY.

(d) Upon reasonable suspicion of non-compliance with this Section 4.5, the CITY

may require the inspection of specific loads designated by the CITY.

4.6 Inspection. OPERATOR shall insure adequate means to insure compliance with all terms

and conditions of this Agreement, including (a) CITY compliance inspection access to the

Redesigned Landfill, as well as access to records of operation and financial records, (b) reports

on compliance with state post-closure trust fund contributions and all other ongoing financial

assurance obligations.

4.7 Assignment or Transfer of Interest. OPERATOR shall not be allowed to sell, convey or

otherwise assign its interest in or transfer operation of the Landfill without prior written approval

by CITY (which approval shall not be unreasonably withheld or delayed following submission of

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information sufficient to justify such sale, assignment or transfer), and further provided that

CITY shall have the right to consider the ability of the proposed transferee (financially and

operationally), to comply with all terms and conditions of this Agreement. For this purpose, a

“transfer” of the Landfill will be considered to have occurred if: (a) there is a conveyance of the

real property which comprises the Landfill to any person or firm which is not controlled by or

under common control with OPERATOR or one of the current owners of the equity membership

interests in OPERATOR; or (b) there is an assignment of this Agreement to any person or firm

which is not controlled by or under common control with OPERATOR or one of the current

owners of the equity membership interests in OPERATOR; or (c) there is a change in the

ownership of over 50% of the equity ownership interests in OPERATOR, other than a change

resulting from a transfer to a member of the transferor’s family or to a corporation or other

business entity which is owned by the transferor or under common control with the transferor.

OPERATOR shall notify the CITY in writing promptly upon the occurrence of a transfer. The

notice shall include the effective date of the transfer and the name and address of any new owner,

assignee or transferee. The option provided for in this Section shall be exercised by a written

notice to the then OPERATOR of the Landfill within thirty (30) days after the CITY first has

knowledge of the transfer.

4.8 Wage Compliance. OPERATOR must comply with all applicable prevailing wage

provisions (if any) under state and/or federal law, as well as any and all other applicable wage

and/or workplace provisions under state and/or federal law.

4.9 Disposal Space. During every year period under this Agreement that landfill capacity

exists at the Landfill or the Redesigned Landfill, OPERATOR shall reserve sufficient capacity at

the Landfill or the Redesigned Landfill for and give first priority to disposal of that volume of

waste generated within the City of Rochelle which is exempt from disposal charges under

Section 4.1 above; provided, however, the reservation of disposal capacity for CITY’s waste

shall not be cumulative, and should the reserved annual disposal capacity not be utilized by

CITY during any year term under this Agreement, that capacity may be utilized by OPERATOR

for other than CITY waste. The Landfill shall accept no new special waste streams outside a

100-mile radius of the incorporated city limits of the City of Rochelle without first receiving

prior written approval by CITY.

4.10 Acceptable Waste. The Landfill shall not knowingly accept, treat, or dispose of any

waste which is defined as “hazardous” by the IEP Act; OPERATOR shall comply with all

regulations of the Pollution Control Board relative to load checking, and shall immediately

inform the City of Rochelle orally and in writing of any hazardous waste that has been accepted,

received, stored, treated, disposed, or transported to or from the Landfill, and shall immediately

take any and all steps necessary to properly remove such hazardous waste from the Landfill in

accordance with all applicable federal, state and/or local laws.

4.11 Landfill Design and Operating Standards.

(a) The existing Landfill shall be operated so as to comply with all provisions of the

IEP Act, rules and regulations of the Illinois Environmental Protection Agency and the Illinois

Pollution Control Board, the provisions of Subtitle D of RCRA, as well as all conditions and

requirements of any significant modification permit issued by the State of Illinois to the CITY

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and any other applicable rules or regulations now in effect or enacted hereafter. In addition, the

proposed re-design of the Landfill shall be designed, constructed and operated so as to comply

with all provisions of the IEP Act, rules and regulations of the Illinois Environmental Protection

Agency and the Illinois Pollution Control Board, the provisions of Subtitle D of RCRA, any

other applicable rules or regulations now in effect or enacted hereafter.

(b) In the event that a redesign of the Landfill which is consistent with the terms of

this Agreement is applied for by OPERATOR and the CITY and the Landfill receives Final and

Unappealable Mod Permits from IEPA, the following terms shall apply, effective as of the date

of such Final and Unappealable approval of the Mod Permits:

(i) no waste will be received by rail;

(ii) the overnight storage of waste in transfer trailers, collection trucks or other

vehicles will not be allowed without the prior written approval of the CITY;

(iii) no burning of waste will be allowed (other than the flaring of landfill gas,

subject to appropriate permits);

(iv) no composting of landscape waste materials will be allowed without the

prior written approval of the CITY; provided, however, that this prohibition will not restrict the

continuation of the current practice of land application of landscape waste;

(v) the vertical and lateral extent of the actual waste placement will not

exceed the boundaries and elevations for which the Landfill has obtained local siting approval

and all necessary permits;

(vi) final cover will be placed within sixty (60) days after the placement of the

final lift, weather permitting;

(vii) OPERATOR will direct transfer trailers using the Landfill to use the

interstate system as much as possible;

(viii) the property value protection plan provided for in the Host County

Agreement dated December 19, 1995, between Ogle County and Rochelle Waste Disposal

(the “Host County Agreement”) will apply to all property within one mile from the Redesigned

Landfill property boundary;

(ix) the well protection plan provided for in the Host County Agreement will

apply to all property within one mile from the Redesigned Landfill property boundary and will

cover the municipal wells of the Village of Creston;

(x) the Landfill will not re-circulate leachate without the CITY’s approval

(unless leachate recirculation is required by law or regulation);

(xi) the maximum elevation of the Redesigned Landfill will not exceed 940

feet MSL;

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(xii) the maximum operating hours that the Redesigned Landfill may be open

to accept waste will be the currently permitted hours (6:00 a.m. to 6:00 p.m.).

(c) This Section 4.11(c) sets forth the CITY’s interpretation of the following Siting

Conditions:

(i) With respect to Siting Conditions 3 and 5, the purpose of the 10·7 cm/sec

specification is to insure that silty clay backfill used to replace granular materials will be

sufficiently impermeable to protect the environment. The CITY does not interpret these

conditions as imposing an in situ testing requirement, and OPERATOR may demonstrate

compliance through appropriate certification that the material used meets the specification,

satisfactory to the Construction Quality Assurance (CQA) officer, without additional in situ

testing.

(ii) With respect to the requirement of Condition 7 relating to wind and

blowing litter, the purpose of this condition was to prevent litter blowing into neighboring

properties. The CITY interprets this Condition as referring to wind speed at the active face of the

landfill, and that the measurement of wind speed may be taken by OPERATOR and verified by

the CITY Manager’s designee at the CITY Manager’s option. The CITY also interprets this

condition as not requiring the shutdown of the Landfill as long as litter was not being blown onto

the neighboring properties, and as requiring an immediate shutdown only when it becomes

apparent that the Landfill cannot be operated without litter blowing onto neighboring properties.

(iii) With regard to Siting Conditions 9 and 10 ( construction of an elevated

platform at the scalehouse and the installation of a radiation detector, both within 60 days of

Final and Unappealable siting approval), the CITY interprets those Conditions as being subject

to force majeure (including delays caused by permitting requirements, shipping delays or

inclement weather). The CITY also interprets Condition 10 as obligating the CITY and

OPERATOR to cooperate in identifying the appropriate type of radiation detector and testing

protocol to be used.

(iv) With regard to Siting Condition 11 (noise), it is the CITY’s interpretation

that compliance with this Condition will be measured by the applicable IEPA regulations.

(v) With regard to Siting Condition 11 (odor), the CITY interprets this

Condition as utilizing a commercially reasonable standard for determining acceptable levels of

odor, taking into account applicable governmental regulations (if any) and industry standards, the

CITY interprets this Condition as imposing upon OPERATOR the duty of making diligent and

commercially reasonable efforts to minimize both the intensity and duration of odor generated by

the Landfill.

(vi) With regard to Siting Condition 13 (exhumation), subject to the Final and

Unappealable issuance of the Mod Permits by IEPA, the CITY hereby agrees and acknowledges

that OPERATOR shall have no obligation whatsoever to exhume or otherwise relocate the “Unit

1” Waste.

(vii) With regard to Siting Condition 16, the CITY hereby agrees and

acknowledges that the new entrance to the Landfill has been be built and completed at the new

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location shown in the CITY’s application for Site Location Approval within a time period that

was mutually acceptable to the CITY and OPERATOR.

(viii) Siting Condition 22 requires OPERATOR to construct “operational

screening berms”, with the placement and limits of the operational screening berms to be subject

to the approval of the City Manager, considering the factors specified in this condition. The

CITY understands that when operational screening berms are used at other landfill facilities, the

berms are constructed using waste material with the outward facing slope of the berm covered

with soil or other suitable cover material. The CITY interprets Siting Condition 22 to allow the

construction of the operational screening berms, where required by the City Manager, in a

manner consistent with this practice.

(ix) Siting Condition 23 requires OPERATOR to construct a perimeter berm,

and recommends that the berm be constructed at least 500 feet in advance of the easternmost

edge of the cell being constructed. Siting Condition 23 also states that “the vegetation shall be

established (with at least a one-year growing period) prior to waste being placed within 400 feet

of a cell with active waste placement.” The intention of the CITY in connection with this

condition is to require effective visual screening. The CITY interprets this condition as requiring

an undulating or irregularly shaped landscaped berm with a predominant height, including sight-

obscuring fences, landscaping, or other features, that is not less than fourteen (14) feet when

measured from the lowest adjoining point, and not fourteen (14) feet of continuous earthen berm.

(x) With regard to Siting Condition 25 (connecting upper and lower

membranes), the CITY interprets this Condition as requiring the connection of the upper cap

membrane and bottom liner membrane only if the connection can be made without causing

damage to the membrane or voiding applicable warranties which would cause this Condition to

fail of its essential purpose, which is to protect the environment.

(xi) With regard to Siting Conditions 26 and 28 (cost of consultant review), the

CITY interprets these conditions as allowing the CITY and OPERATOR to agree on the use of a

single, mutually-agreeable consultant for the preparation of the submittal in question, and further

interprets these conditions as implying that the CITY would not unreasonably withhold its

agreement to the use of a single, mutually-agreeable consultant.

(xii) With respect to Siting Condition 35 (traffic routes), the CITY interprets

this condition as being limited to circumstances where the required traffic routes are not

obstructed.

4.12 Costs Assumed by OPERATOR.

(a) Subject to the provisions of Section 4.12(b) below, all costs (present and future)

associated with the design, construction, development, operation, closure and post-closure phases

of the Landfill and the Redesigned Landfill, and any and all costs, fees, fines, penalties, and/or

expenses that may arise in any way from the design, construction, development, operation,

closure and post-closure of the Landfill and the Redesigned Landfill, are to be paid by, and are

the sole responsibility of OPERATOR. OPERATOR shall also be responsible to pay any

engineering, monitoring, and other professional fees and necessary expenses associated with the

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Significant Modification process which were incurred by the CITY subsequent to the date of

public notice of the Request for Proposal for bids (RFP) for the operation/development of City of

Rochelle Landfill No. 2, which are related to ensuring that the Landfill and all expansions thereto

comply with all applicable and relevant state, federal, and local statutes, rules, regulations, or

ordinances. OPERATOR shall make adequate provision for and guarantee proper collection,

handling, treatment and/or disposal of leachate generated at the Landfill and the Redesigned

Landfill at its own expense. In the event that OPERATOR elects to send leachate to the CITY

publicly owned treatment works for treatment and/or disposal, OPERATOR shall pay for all

charges incurred in the treatment of constituents contained in the leachate. To the extent

practicable, CITY agrees to charge OPERATOR for leachate treatment and disposal in a manner

consistent with user treatment charges assessed to other users who generate leachate/waste

stream which include the same type and level of constituents as are found in the leachate

collected by OPERATOR from the Landfill and the Redesigned Landfill.

(b) Neither the CITY, nor the OPERATOR, shall seek further IEPA approval for

expansion or modification of the Landfill except as set forth herein or as subsequently agreed to

in writing by the Village of Creston and the CITY. In addition, neither the Village of Creston,

nor the CITY, shall seek further siting or any other such steps individually or through an agent,

operator, waste hauler, or otherwise participate in siting or placement of a waste facility within

five (5) miles of the Village of Creston corporate limits, as they now exist or as they may exist in

the future, without the agreement of the other.

(c) In the event that the CITY applies for local siting approval for an expansion of the

Landfill, the CITY shall be responsible for all of the costs incurred in connection with the

application and the local siting process, including the fees of any consultants, engineers, and

other experts, filing fees, hearing officer fees, expenses of hearings and transcripts, and all other

costs associated with the application or any appeal; provided, however, that the CITY shall not

be responsible for any of OPERATOR’S costs related to the siting application or any siting

appeal, including the fees of consultants, engineers and other experts, and OPERATOR shall be

responsible for payment of the fees set forth in Section 5.

(d) OPERATOR has reconstructed Mulford Road to a rural standard with a two lane

asphalt pavement suitable for 80,000 pound traffic (the “Mulford Road Improvements”).

Pursuant to the Original Restated Agreement, OPERATOR and the CITY were obligated to

share in the cost of the Mulford Road Improvements on the basis of linear foot frontage, with

OPERATOR’s frontage share being 7,813 feet (representing the footage on both sides of

Mulford Road from Route 38 to the Union Pacific Railroad tracks, and the footage on the west

side of Mulford Road from the railroad tracks to Creston Road) and the CITY’s share being

2,573 feet (representing the footage on the east side of Mulford road from the railroad tracks to

Creston Road). OPERATOR advanced the entire cost of the improvements and the CITY agreed

to contribute its share upon completion of the improvements. Upon OPERATOR’s receipt of the

Final and Unappealable Mod Permits from IEPA, the CITY’s obligation to repay OPERATOR

for its share of the Mulford Road Improvements, which are approximately $750,000.00, shall be

waived and forgiven, and the CITY shall have no obligation with regard to payment for the

Mulford Road Improvements.

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4.13 Supplemental and Special Permits. OPERATOR shall be entitled to obtain, at the

expense of OPERATOR, any state or federal Supplemental Permits, Significant Modification

Permits, Renewal Permits, special waste stream permits, adjusted standards, variances, and other

permits or authorizations, and any amendments or modifications to any of the foregoing, which

OPERATOR determines to be necessary or appropriate for the operations, development,

expansion, or closure of the landfill or for any corrective or remedial action relating to the

landfill. OPERATOR will provide the CITY with reasonable prior notice of any such

applications intended to be filed by OPERATOR and OPERATOR shall not seek any permit,

variance, or standard which would have a material adverse effect on the CITY without the prior

written approval of the CITY. The CITY will cooperate with OPERATOR in all such

applications or petitions filed by OPERATOR.

4.14 Hauling Agreement. Simultaneously with the execution of the Original Agreement, the

CITY and Rochelle Disposal Services, Inc. (the predecessor in interest to RRD Holdings

Company doing business as Northern Illinois Disposal Services, Inc.) executed an agreement for

the collection and transport of municipal solid waste which took effect when the Original

Agreement was executed and the Significant Modification was issued (the “Hauling

Agreement”). Upon their execution, each such agreement was independent of the other and a

default under either agreement shall not constitute a default under the other. Additionally, the

CITY has no obligation to re-negotiate any of the terms of the Hauling Agreement, nor has the

CITY made any representation that it would re-negotiate the Hauling Agreement as part of this

Agreement.

5. RENT, FEES, TAXES, ETC.

5.1 Redesign Permit Approval Fee. Upon OPERATOR’s receipt of the Final and

Unappealable Mod Permits from IEPA, OPERATOR shall pay to the City an amount equal to

One Million Four Hundred Sixty Thousand Dollars ($1,460,000.00).

5.2 Miscellaneous Costs. Subject to the provisions of Section 4.12(b) above, OPERATOR

must pay for any and all engineering, monitoring and other professional fees, costs, and other

necessary expenses incurred to insure that the Landfill (and all expansions thereto) comply with

any and all applicable and relevant state, federal and local statutes, rules, regulations or

ordinances (including but not limited to Part 811 regulations and applicable provisions of

Subtitle D of RCRA). In addition, OPERATOR shall specifically reimburse CITY for

engineering fees and costs incurred during the Significant Modification Application process from

the date of issuance of the Request for Proposal for bids (RFP) for the operation/development of

City of Rochelle Landfill No. 2 forward, the receipt of which is acknowledged by the CITY.

5.3 Taxes. OPERATOR assumes responsibility for and shall make proper payment of any

and all taxes, fees, and levies made by all state, local and federal governmental entities with

respect to operation of the landfill from the effective date of the Original Agreement forward.

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5.4 Base Fee; Additional Fee; Supplemental Host Fee.

(a) In each calendar year of the term of this Agreement, OPERATOR agrees to pay to

the CITY a Base Fee of Seventy-Five Thousand Dollars ($75,000.00) per year payable in equal

quarter-annual installments.

(b) In each calendar year of the term of this Agreement OPERATOR agrees to pay

CITY an Additional Fee equal to the greater of (i) Two 35/100 Dollars ($2.35) on each ton of

Disposed Material; or (ii) six and one-tenth percent (6.1%) of the annual gross revenues received

on an accrual basis by OPERATOR during the year under this Agreement (whichever amount is

greater). For purposes of this Section 5.4(b), the term “Disposed Material” shall mean and

include any material that (a) actually consumes permitted airspace or volume at the Landfill, as

applicable, including cover or fill that is stored for later use, and (b) generates cash revenue for

the OPERATOR. Payments of such Fees shall be made on a quarter-annual basis. Such Fees are

in the nature of general revenues, and are not a fee, tax, or surcharge with regard to the

permanent disposal of solid waste to be utilized for solid waste management purposes, but,

rather, are general revenue fees which are to be collected under this Agreement in addition to any

and all such other solid waste management/disposal fees, assessments and/or levies required by

any state and/or local governmental entities.

(c) OPERATOR and Ogle County, Illinois (the County) entered into an Agreement

dated December 19, 1998 (the County Agreement), which addresses certain issues raised by the

County concerning development and operation of an expansion of the Landfill on property

owned by the CITY and property owned by OPERATOR. Subsequent to the Original Host

Agreement and the County Agreement, the CITY, the County, and the Village of Creston (the

Village) have entered one or more agreements (the Intergovernmental Agreements) which

address certain governmental issues relating to the development and operation of an expansion of

the Landfill. In addition to the fees and other charges payable by OPERATOR under the

preceding provisions of this Section, OPERATOR shall pay the CITY a Supplemental Host Fee

equal to the lessor of: (a) one-half the amount which the CITY and the County are obligated to

pay to the Village under the existing Intergovernmental Agreements in connection with the

operation of any expansion of the Landfill; or (b) twenty-one cents ($0.21) per ton of waste

subject to the Host Fee payable under Section 4.4(b) (Covered Waste).

5.5 Tipping/Disposal Fees for Non-Exempt CITY Users. During the first and all subsequent

years of operation of the Landfill and the Redesigned Landfill, OPERATOR shall charge a

“tipping fee” (the fee charged by OPERATOR for the disposal of waste at the Landfill) for all

commercial solid waste and non-hazardous special waste originating from the City of Rochelle

which is not exempt from disposal/tipping fees at a fee no greater than the average fee actually

charged for similar waste at comparable landfill facilities located within a seventy-five (75) mile

radius of the City of Rochelle.

5.6 Additional Revenues to be Received by CITY.

(a) OPERATOR currently owns three parcels of real property adjacent to the Landfill

(the “OPERATOR’s Property”). The parties acknowledge that OPERATOR’s Property is not

presently part of the Landfill, but that OPERATOR intends to use OPERATOR’s Property for

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purposes ancillary to the operation of the Landfill, including, without limitation, soil stockpiling.

Within ninety (90) days following the Final and Unappealable issuance of the Mod Permits,

Operator shall cause to be transferred to the Village of Creston in fee simple the real property

located to the east of the Landfill, consisting of approximately 83.1 acres (consisting of all of

PIN 25-22-40-002) and consisting of approximately 3.2 acres (consisting of all of PIN 25-23-

100-002). Following the final closure of the Landfill, Operator shall cause to be transferred to

the Village of Creston in fee simple a portion of the real property located to the East of the

current Landfill, consisting of approximately 35 acres (consisting of a portion of PIN 28-22-400-

003).

(b) OPERATOR shall be entitled to incorporate any stormwater conveyances or

detention areas in the Additional Land in the development of OPERATOR’s adjoining land as

long as such development does not adversely affect their use in connection with the Redesigned

Landfill and to utilize any wetlands which may be created in connection with the redesign of the

Landfill for wetlands banking, wetlands credits, or similar purposes, in each case at the expense

of OPERATOR.

(c) Within sixty (60) months following the Effective Date, OPERATOR shall, at its

sole expense, relocate the waterway located on its adjoining land.

(d) OPERATOR hereby agrees that it shall not use any property within five (5) miles

of the Landfill that is owned by OPERATOR as a landfill without the CITY’s approval as long

as waste disposal capacity which has received Final and Unappealable local siting approval

remains in the Redesigned Landfill.

5.7 Verified Records of Waste Received. OPERATOR shall have a certified scale at the gate

and all incoming waste and materials shall be weighed. Further, OPERATOR shall maintain a

true and accurate copy of all records of waste and materials received at the Landfill for the

benefit of the CITY and shall provide a copy of all such records to the CITY on a quarterly basis.

5.8 Utilities. OPERATOR shall pay for all water, gas, heat, light, power, telephone,

sewerage, and other utilities and services which are supplied to the Landfill, together with any

taxes, fees, or assessments thereon.

5.9 Maintenance. OPERATOR shall keep all buildings and other improvements upon the

Redesigned Landfill (and any expansion thereof) in good condition and repair for the term of this

Agreement.

5.10 Rochelle Area Community Foundation. Upon OPERATOR’s receipt of the Final and

Unappealable Mod Permits from IEPA, OPERATOR shall make a donation of Forty Thousand

Dollars ($40,000.00) to the Rochelle Area Community Foundation.

6. CITY OF ROCHELLE OBLIGATIONS.

6.1 Public Information, CITY shall make every reasonable effort to insure that factual and

technically accurate information concerning the Landfill is made available to the public.

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6.2 Cooperative Guarantee. CITY will cooperate with OPERATOR in all matters relating to

the operation of the Landfill. To the extent not otherwise required by law or public policy, the

CITY and its officers, council members and employees will not take any action which has the

intended or probable effect of interfering unreasonably with the operation of the Landfill

including, for example and not in limitation of the preceding general provisions such actions as

the following: a) the approval of zoning, siting, or otherwise in the CITY of any transfer station,

composting facility, waste incinerator, landfill, or other facility for the treatment, storage, or

disposal of solid waste provided, however, that if under applicable law the CITY may not

lawfully fail or refuse to approve the zoning or siting of such a facility, then the provisions of

this clause shall be construed in such a manner as to require the CITY to prohibit or restrict such

uses to the maximum extent allowed by law; b) the ownership or operation of any facility

described in clause (a) by the CITY; c) the solicitation or recruitment of any facility described in

clause (a) above; d) the discriminatory adoption, promulgation, or modification after the date of

this Agreement of any CITY ordinance, code, tax, fee, or regulation, d) the referral of inquiries

relating to solid waste disposal to a site other than the Landfill without reasonable grounds. The

provisions of this Section shall not restrict in any way the ability of the CITY to enforce the

terms of this Agreement, or to perform its duties under Section 39.2 of the IEP Act to decide any

application for local siting approval filed with the CITY.

6.3 Redesign. CITY will cooperate with OPERATOR in its efforts to obtain approval for a

redesign of the Landfill such that that “Unit 1” shall be closed without exhumation of the “Unit

1” Waste pursuant to IEPA and USEPA) guidelines.

6.4 Highway Maintenance. CITY shall suitably maintain all highways within its

maintenance jurisdiction which are utilized by the landfill OPERATOR in its operation.

6.5 Representations of the CITY. The CITY represents and warrants that:

(a) The CITY has the full power, authority and legal right to enter into and perform

this Agreement and the execution, delivery and performance hereof by the CITY (i) have the

requisite approval of all governmental bodies, (ii) will not violate any judgment, order, law or

regulation applicable to the CITY and (iii) do not (A) conflict with, (B) constitute a default under

or (C) result in the creation of any lien, charge, encumbrance or security interest upon any assets

of the CITY under any law, agreement or instrument to which the CITY is a party or by which

the CITY or its assets may be bound or affected.

(b) This Agreement has been duly authorized, executed and delivered by the CITY;

this Agreement constitutes a legal, valid and binding obligation of the CITY, enforceable in

accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency,

reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights

generally, or by general equitable principles concerning remedies.

(c) There is no litigation, administrative action, site investigation, or similar action

proceeding, pending or, to the knowledge of the CITY threatened against or affecting the CITY

or the Landfill (i) challenging the validity of this Agreement or any agreements contemplated

hereby, (ii) seeking to enjoin the performance by the CITY of its respective obligations

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hereunder or thereunder or (iii) which, if adversely determined, would materially adversely affect

the ability of the CITY or OPERATOR to perform its obligations.

(d) As of the date of this Agreement, the CITY holds merchantable fee simple title to

the property described on Exhibit B.

6.6 Quiet Enjoyment. Upon payment of the fees and other payments and charges to be paid

by OPERATOR under the terms of this Agreement and the performance by OPERATOR of all

of its other obligations under this Agreement, OPERATOR will lawfully and quietly hold,

occupy and enjoy the Property described on Exhibit B during the term of this Agreement.

6.7 Memorandum. The CITY and OPERATOR shall execute and record a memorandum of

this Agreement in the Ogle County Recorder’s Office.

7. OVERSIGHT RESPONSIBILITIES.

7.1 Monitoring and Review. The CITY’S designee shall monitor landfill activities and

review user fee structures.

7.2 Cooperative Guarantee. OPERATOR shall be required to cooperate in all manner and in

prompt fashion with CITY, its authorized agents and representatives in allowing access to the

site, in allowing access to records and in complying with all other requirements concerning

CITY landfill monitoring and inspection program.

7.3 Document Access. OPERATOR shall provide CITY, free of charge, copies of the

following documents in any manner connected with the landfill property:

(a) those documents contemplated to be submitted by OPERATOR or its agents or

consultants to any state or federal environmental regulatory agency; and

(b) correspondence with any state or federal environmental regulatory agency;

(c) those documents filed with or received from any state or federal regulatory

agency relevant to charges, complaints or citations of environmental violations made by any

governmental authority, and

(d) those documents reflecting charges to customers at the Landfill.

(e) any and all other documents related to operation of the Landfill and the

disposal/recycling programs described herein in accord with all federal, state and local laws,

regulations, rules and/or ordinances.

The CITY shall keep confidential all such documents which are entitled to confidentiality

or an exemption from disclosure under the applicable provisions of the Freedom of Information

Act. Whenever practicable, all such documents described herein above shall be provided to

CITY a reasonable time prior to their anticipated submittal by OPERATOR and/or its agents and

consultants to any state, local and/or federal regulatory agency, and CITY shall have a

reasonable opportunity to review any such anticipated submitted and make comments and/or

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suggested changes and modifications to the same. OPERATOR will provide CITY with any

documents received by OPERATOR from any state, local and/or federal regulatory agency

within ten (10) days of receipt thereof.

7.4 Inspection. CITY, its authorized agents and representatives shall:

(a) have the right to inspect at any reasonable time all of the operations of the

Landfill;

(b) be permitted to inspect the books and records, pursuant to Section 7.5, which

OPERATOR agrees to maintain on a daily basis pertaining to the weight of waste accepted at the

landfill and the daily traffic count of vehicles utilizing the landfill (setting forth the size of each

vehicle, the weight of waste each vehicle contains, the classification of waste, and its County of

origin);

(c) be permitted to inspect reports concerning compliance with any and all applicable

federal, state and/or local laws, statutes, regulations, rules and/or ordinances relating to operation

of the Landfill and the disposal/recycling programs described herein.

7.5 Records and Books. OPERATOR shall maintain on a daily basis books and records

pertaining to the weight of waste accepted at the landfill and the daily traffic count of vehicles

utilizing the landfill (setting forth the size of each vehicle, the weight of waste each vehicle

contains, the classification of waste, and its County of origin), and make available to the CITY

for inspection on a daily basis copies of all such documents.

7.1 Unit 1.

(a) CITY will cooperate with OPERATOR in its efforts to obtain approval for a

redesign of the Landfill such that “Unit 1” shall be closed without exhumation of the “Unit 1”

Waste pursuant to IEPA and USEPA) guidelines.

(b) In the event that the Landfill fails to receive the Final and Unappealable Mod

Permits: (i) the CITY will be responsible for the first eight hundred fifty thousand dollars

($850,000.00) of the cost of excavating and re-disposing the “Unit 1” Waste; (ii) OPERATOR

will be responsible for all costs of excavating and re-disposing the “Unit 1” Waste in excess of

that amount; and (iii) OPERATOR will be responsible for obtaining any permits necessary for

the excavation and re-disposal of the “Unit 1” Waste, and for the selection of contractors,

consultants, and engineers to be utilized in the design, permitting, and performance of the

excavation and re-disposal of the “Unit 1” Waste.

7.2 CITY Siting Authority. No provision of this Agreement shall be deemed to affect or

limit the authority and responsibility of the CITY to decide an application for local siting

approval under Section 39.2 of the IEP Act.

8. CLOSURE/POST CLOSURE.

8.1 Responsibility. OPERATOR shall assume responsibility for any and all closure/post-

closure responsibilities (financial and otherwise) as listed in approved closure/post closure plans

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for both the Landfill and the Redesigned Landfill; provided, however, that OPERATOR shall not

be responsible for the cost of or financial assurance for closure or post-closure of any expansion

pursuant to an application for local siting approval filed by the CITY unless the expansion is

consistent with the terms of this Agreement.

9. INSURANCE & INDEMNIFICATION.

9.1 Hold Harmless and Indemnification Clause. OPERATOR agrees to indemnify, hold

harmless and defend the City of Rochelle, its agents, servants, and employees, and each of them

against and hold it and them harmless from and against any and all lawsuits, claims, demands,

liabilities, losses and expenses (including court costs, litigation expenses and attorney’s fees) for

or on account of any injury to any person or any death at any time resulting from such injury, or

any damage to property, which may arise or which may be alleged to have arisen out of or in

connection with operation, construction and development of the landfill and any expansion

thereof as well as in connection with the rendering of all other services covered by this

Agreement. The foregoing indemnity shall not apply if such injury, death or damage is caused

directly by the willful and wanton conduct of the City of Rochelle, its agents, servants, or

employees or any other person indemnified hereunder.

9.2 Insurance. OPERATOR shall purchase and maintain such insurance as is necessary to

fully protect OPERATOR and CITY from claims set forth below which may rise out of or result

from OPERATOR’s operations, conduct or activities. Such insurance shall include the City of

Rochelle as an additional insured and, if such coverage is commercially available, shall include

“Occurrence” basis wording issued by a company or companies qualified to do business in the

State of Illinois, in the following type and minimum amounts:

(a) Claims under Worker’s Compensation, disability benefit and other similar

employee benefit acts.

(b) Claims for damages because of bodily injury, occupational sickness or disease, or

death of his employees.

(c) Claims for damages because of bodily injury, sickness or disease, or death of any

person other than his employees.

(d) Claims for costs and damages resulting from environmental hazards caused by

operations (both on site and off site).

(e) Claims for damages because of injury to or destruction of tangible property,

including loss and use resulting therefore of all buildings on the site.

(f) Any other source of liability is not excluded by the enumeration of the above.

(g) To ensure compliance with the indemnity clause, OPERATOR shall agree to

carry liability insurance not less than the following initial limits of liability:

Minimum Limits of Liability

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Per Occurrence/Aggregate

Automobile Liability $500,000/$500,000

Worker’s Compensation Statutory

General Liability

Premises and Operations(a) $1,000,000/$1,000,000

Contractual Liability $2,000,000/$2,000,000

Completed Operations $1,000,000/$1,000,000

Personal Injury $1,000,000/$1,000,000

Environmental Impairment $500,000/$500,000

Umbrella Liability $10,000,000/$20,000,000

(a) Includes damage caused by lasting, collapse, or structural injury, or

damage to underground utilities.

(h) So as to ensure maintenance of adequate levels of future insurance coverage

during term of this Agreement, OPERATOR shall adjust and increase such levels of insurance

coverage outlined above each five (5) year period included in the Host Agreement to account for

increases in the CPI-U-US price index over the preceding five (5) years.

(i) OPERATOR agrees that with respect to the above required insurance, the City of

Rochelle shall:

(i) Be named as additional insured as their interest may appear;

(ii) Be provided with thirty (30) days advance notice, in writing, of any

proposed policy cancellation or change;

(iii) Be provided with Certificates of Insurance evidencing the above-required

insurance, prior to commencement of this Agreement, and thereafter with certificates evidencing

renewals or replacements of said policies of insurance at least fifteen (15) days prior to the

expiration of cancellation of any such policies. Said Notices and Certificates of Insurance shall

be provided to:

Office of the City Clerk

Rochelle Municipal Building

420 North 6th Street

Rochelle, IL 61068-0601

9.3 Contractor Responsibility. OPERATOR shall assume responsibility for all services

offered in this proposal. CITY shall consider OPERATOR to be a point of contact with regard to

all insurance matters, including payment of any and all charges resulting from the contract.

9.4 Third Party Claims. Promptly after the receipt by any party hereto of notice of any claim,

action, suit or proceeding by any Person who is not a party to this Agreement (collectively, an

“Action”) which is subject to indemnification hereunder, such party (the “Indemnified Party”)

shall give reasonable written notice to the party from whom indemnification is claimed (the

“Indemnifying Party”). At the sole expense and liability of the Indemnifying Party and within a

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reasonable time after the giving of such notice by the Indemnified Party, the Indemnifying Party

shall: (i) notify the Indemnified Party in writing of the Indemnifying Party’s intention to assume

the defense of such action, and (ii) retain legal counsel reasonably satisfactory to the Indemnified

Party to conduct the defense of such Action. The Indemnified Party and the Indemnifying Party

shall cooperate with the party assuming the defense in defending, compromising or settling any

such Action in any manner that such party reasonably may request. If the Indemnifying Party so

assumes the defense of any such Action, the Indemnified Party shall have the right to employ

separate counsel and to participate in (but not control the defense, compromise, or settlement

thereof, but the fees and expenses of such counsel shall be the expense of the Indemnified Party.

No Indemnified Party shall settle or compromise any such Action for which it is entitled to

indemnification hereunder without the prior written consent of the Indemnifying Party, unless

the Indemnifying Party shall have failed, after reasonable notice thereof, to undertake control of

such action in the manner provided above in this Section 9.4. No Indemnifying Party shall settle

or compromise any such Action in which any relief other than the payment of money damages is

sought against any Indemnified Party unless the Indemnified Party consents in writing to such

compromise or settlement.

9.5 Payment Bonds. OPERATOR shall provide the CITY with a payment bond prior to the

performance of any substantial improvements at the Landfill; provided, however, that

OPERATOR shall not be required to provide a payment bond for any contract or subcontract

under the terms of which the Contractor or subcontractor waives any rights which it would

otherwise have to a lien or claim on the property against the CITY.

10. GENERAL COVENANTS.

10.1 Maintenance of Bonds, Licenses, Etc. OPERATOR shall maintain in full force and effect

all licenses, bonds, franchises, leases, patents, contracts, and all other rights necessary to the

profitable conduct of its business, including, without limitation, all notices, permits, or licenses,

if any, filed or obtained with regard to compliance with all applicable federal, state and local

statutes, rules, regulations and ordinances which are in any way related to the development,

operation, remediation, or closure of the landfill or related to the rendering of all other services

provided herein. OPERATOR shall comply with all applicable laws, statutes, rules, regulations

and/or ordinances of all federal, state, and/or local governmental authorities, including, without

limitation, all Environmental Laws.

10.2 Compliance with Environmental Laws. OPERATOR shall conduct its respective

business so as to comply in all material respects with all applicable Environmental Laws,

statutes, rules, regulations and/or ordinances in any way related to the operation, remediation, or

closure of the landfill or related to the rendering of all other services described herein; provided,

however, that nothing contained in this Section shall prevent OPERATOR from contesting, in

good faith and by appropriate legal proceedings, any such laws, statutes, rules, regulations and/or

ordinances or interpretation or application thereof; provided, further, that OPERATOR shall

comply with the order of any court or other governmental body of applicable jurisdiction relating

to such Environmental Laws pending prosecution of an appeal or proceedings for review, and

shall have secured any necessary order, stay of enforcement, execution or other arrangement

postponing enforcement or execution pending such appeal or proceedings for review.

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10.3 Notices. If OPERATOR shall receive with respect to the Landfill: (a) notice that any

violation of any Environmental Law, statute, rule, regulation and/or ordinance may have been

committed or is about to be committed, (b) notice that any administrative or judicial complaint or

order has been filed or is about to be filed against OPERATOR alleging violation of any

Environmental Law, statute, rule, regulation and/or ordinance or requiring OPERATOR to take

any action in connection with the release or threatened release of “hazardous substances” (as

defined by law) into the environment, or c) any notice from a federal, state, or local

governmental agency, court or private party alleging that OPERATOR may be liable or

responsible for costs associated with a response, cleanup of a release or disposal of a “hazardous

substance” into the environment or any damages caused thereby (including without limitation

any notice that OPERATOR is a “potentially responsible party” as defined by CERCLA),

OPERATOR shall provide the CITY with a copy of such notice within ten (10) days of the

CITY’s receipt thereof. In addition, OPERATOR shall provide the CITY with notice of the

enactment or promulgation of any Environmental Law, statute, rule, regulation and/or ordinance

which may result in a material adverse change in the business, financial condition, or operations

of OPERATOR as promptly as is reasonably possible after OPERATOR obtains knowledge

thereof.

11. GUARANTEE OF PERFORMANCE. OPERATOR is an Illinois limited liability

company owned by Winnebago Reclamation Service, Inc., an Illinois corporation (“WRS”).

WRS shall cause its parent corporation, Waste Connections US Holdings, Inc., a Delaware

corporation, to execute a Guaranty in the form attached to this Agreement as Exhibit C, (a true

and accurate copy of which is attached hereto and incorporated herein by this reference).

12. DEFAULTS/REMEDIES.

12.1 Defaults. The occurrence of any one or more of the following events shall constitute a

material default and breach of this Agreement by OPERATOR:

(a) The failure by OPERATOR to make any payment of rent or any other payment

required to be made by OPERATOR hereunder, after ten (10) days written notice thereof.

(b) The failure of OPERATOR to correct or remedy promptly any alleged violation

by OPERATOR of any law, regulation, approval, condition or permit relating to the

development, operation, closure or post-closure care of the Landfill or the Redesigned Landfill.

For this purpose, OPERATOR shall be deemed to have acted promptly if it corrects or

commences the correction of the violation in question within the time allowed by the

governmental agency in question. OPERATOR shall not be deemed to be in default under this

Agreement for any such alleged violations for which the agency in question seeks a fine, civil

penalty, or other similar imposition unless the agency in question establishes OPERATOR’s

willful, persistent and repeated violation of the law, regulation or permit conditions.

(c) The failure by OPERATOR to observe or perform any of the other covenants,

conditions or provisions of this Agreement to be observed or performed by OPERATOR, where

such failure shall continue for a period of thirty (30) days after written notice thereof from CITY

to OPERATOR; provided, however, that if the nature of OPERATOR’s default is such that more

than thirty (30) days are reasonably required for its cure, then OPERATOR shall not be deemed

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to be in default if OPERATOR commenced such cure within said thirty (30) day period and

thereafter diligently prosecutes such cure to completion.

(d) (i) The making by OPERATOR of any general assignment, or general

arrangement for the benefit of creditors; (ii) the :filing by or against OPERATOR of a petition to

have OPERATOR adjudged a bankrupt or a petition for reorganization or arrangement under any

law relating to bankruptcy (unless, in the case of a petition filed against OPERATOR, the same

is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take

possession of substantially all of OPERATOR’s assets located at the Premises or of

OPERATOR’s interest in this Agreement, where possession is not restored to OPERATOR

within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially

all of OPERATOR’s assets located at the Premises or of OPERATOR’s interest in this

Agreement, where such seizure is not discharged within thirty (30) days.

12.2 Remedies. In the event of any default by OPERATOR hereunder, CITY may at any time

thereafter, by a written notice and without limiting CITY in the exercise of any right or remedy

which CITY may have by reason of such default or breach:

(a) Pursue, make claim under and/or recover on any and all outstanding bonds

obtained and/or posted to insure the proper development and construction of the Landfill and the

Redesigned Landfill during the term of this Agreement;

(b) Elect to re-enter, or take possession pursuant to legal proceedings and to terminate

this Agreement; in which event CITY may recover from OPERATOR all damages it may incur

by reason and consequence of OPERATOR’s default including costs of recovering the premises,

attorney’s fees, court costs and litigation expenses as well as the present value at the time of such

termination of the balance of any payments and/or charges reserved in this Agreement for the

remainder of the stated original term, as well as any and all other damages and losses incurred by

CITY as a consequence of OPERATOR’s default, all of which amounts shall be immediately

due and payable from OPERATOR to CITY;

(c) Re-enter, or take possession pursuant to legal proceedings and without

terminating this Agreement, make such modification and/or improvements or take such other

measures as may be necessary in order to relet the Premises for the remainder of the then-

existing term for the highest bid reasonably obtainable. Upon such reletting, all payments and

other sums received by the CITY from such reletting shall be applied first to the payment of the

costs and expenses of such reletting, and the costs of such modifications and/or improvements or

such other measures as may be necessary; and second to the payment of all other charges

otherwise reserved and unpaid under this Agreement. In the event such sums received from the

reletting are less than those amounts to be paid by OPERATOR hereunder, OPERATOR shall

immediately pay any such deficiency to CITY as such deficiency amounts arise;

(d) Maintain OPERATOR’s right to possession, in which case this Agreement shall

continue in effect whether or not OPERATOR shall have abandoned the Premises. In such

event, CITY shall be entitled to enforce all of CITY’s rights and remedies under this Agreement,

including the right to recover past due payments and charges as well as future payments and

charges as they become due hereunder;

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(e) Pursue any other remedy now or hereafter available to CITY under the laws or

judicial decisions of the State of Illinois;

(f) In the event that the CITY elects to re-enter and take possession of the Landfill or

the Redesigned Landfill upon a default by OPERATOR, whether or not the CITY elects to

terminate this Agreement:

(a) In the event that the CITY closes the Landfill or the Redesigned Landfill

upon re-entry, the CITY shall be entitled to apply any closure/post closure financial assurances

which OPERATOR has provided to cover the costs of closure, postclosure care, and any

corrective action, and OPERATOR shall take all steps necessary to enable the CITY to utilize

any and all developmental, operational, closure/post closure and/or other financial assurances

which OPERATOR has provided; however, that the use of any such financial assurances shall

not relieve OPERATOR from liability for any shortfall;

(b) If the CITY does not close the Landfill or the Redesigned Landfill upon

re- entry: i) OPERATOR shall be entitled to a credit against all amounts otherwise then due from

OPERATOR as a result of its default, in an amount equal to the fair market value as of the date

of termination of then permitted, developed, constructed, and available air space capacity at the

Landfill plus the fair market value of any improvements constructed at the Landfill by

OPERATOR which will be available for future cells or units at the Landfill; and (ii) the CITY

shall not be entitled to utilize any closure/post closure/corrective action financial assurances

provided by OPERATOR to cover any costs of closure, post-closure care, or corrective action

which are attributable to the operation of the Landfill or the Redesigned Landfill after re-entry by

the CITY determined as if the CITY had closed the Landfill or the Redesigned Landfill on the

date of its re-entry;

(c) In the event of uncured default by OPERATOR, OPERATOR shall take

all steps necessary to enable the CITY to utilize any and all developmental, operational,

closure/post closure or other performance/financial assurances and/or bonds which OPERATOR

has posted or provided in connection with the terms and conditions of this Agreement.

12.3 Default by CITY. In the event of any failure of CITY to perform any of its obligations

under this Agreement, OPERATOR shall give written notice to the CITY of the claimed default,

and in the event CITY does not cure the default within thirty (30) days, OPERATOR shall have

the option either of curing the default, advising CITY of the cost of curing the default and

reducing its payment obligations by the amount paid by OPERATOR to cure the default, or to

pursue any other remedy now or hereafter available to OPERATOR under the laws or judicial

decisions of the State of Illinois.

12.4 Default Expenses. In the event of default by either party under the terms of this

Agreement or the breach of any covenant of this Agreement, and the non-defaulting party brings

legal proceedings to enforce and protect its rights and remedies under this Agreement, the

defaulting party shall pay the reasonable attorneys’ fees, court costs and expenses of the non-

defaulting party should it prevail.

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12.5 Interest on Past Due Obligations. Except as expressly herein provided, any amount due

to CITY not paid when due shall bear interest at four percent (4%) over the Base Rate (the most

favorable rate charged by Amcore for its most credit-worthy commercial customers) charged by

Amcore Bank, N.A. Rockford from time to time. Payment of such interest shall not excuse or

cure any default by OPERATOR under this Agreement.

13. GENERAL PROVISIONS.

13.1 Severability. The invalidity of any provision of this Agreement as determined by a court

of competent jurisdiction shall in no way affect the validity of any other provisions hereof.

13.2 Incorporation of Prior Agreements; Amendments. This Agreement contains all

agreements of the parties with respect to any matter mentioned herein. Except as contemplated

pursuant to Section 1 of this Agreement, no prior agreement or understanding pertaining to any

such matter (including, without limitation, the Original Agreement, the Restated Original

Agreement, or any amendments thereto) shall be effective. This Agreement may be modified in

writing only, signed by the parties in interest at the time of the modification.

13.3 Waivers. No waiver by CITY of any provision hereof shall be deemed a waiver of any

other provision hereof or of any subsequent breach by OPERATOR of the same or any other

provision. CITY’s consent to or approval of any act shall not be deemed to render unnecessary

the obtaining of CITY’s consent to or approval of any subsequent act by OPERATOR. The

acceptance of payments hereunder by CITY shall not be waiver of any preceding breach by

OPERATOR of any provision hereof, other than the failure of OPERATOR to pay the particular

payment so accepted, regardless of CITY’s knowledge or such preceding breach at the time of

acceptance of such payment. Prior to the execution of this Agreement, each of the parties has

asserted or identified claims against the other arising under the Amended Host Agreement prior

to the date of this Restatement. Except to the extent that this Agreement expressly provides for a

waiver or release of a claim, this Agreement shall not affect any such claims and shall not

constitute a waiver or release of any such claims.

13.4 Uncontrollable Circumstances. Notwithstanding anything to the contrary contained in

this Agreement, neither the CITY nor OPERATOR shall be liable to the other for any failure or

delay in performance of any obligation under this Agreement, other than an obligation to pay

money, due to the occurrence of an Uncontrollable Circumstance and any such failure or delay

shall not constitute an Event of Default under this Agreement, “Uncontrollable Circumstance”

means any act, event or condition (other than labor strikes) that has had, or may reasonably be

expected to have but requiring present action, a material adverse effect on the rights or the

obligations of the parties under this Agreement, or a material adverse effect on the Landfill or the

ownership, possession or operation by OPERATOR of the Landfill, if such act, event or

condition is beyond the reasonable control of the party relying thereon as justification for not

performing an obligation or complying with any condition required of such party under this

Agreement. Such acts or events may include, but shall not be limited to, the following:

(a) an act of God, landslide, lightning, earthquake, fire, explosion, flood, sabotage or

similar occurrence; acts of a public enemy, extortion, war, blockade or insurrection, riot or civil

disturbance, epidemic or pandemic (or government restrictions imposed in response thereto);

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24 {00095252.DOCX.8}}

(b) the order and/or judgment of any federal, state or local court, administrative

agency or governmental body, excepting decisions of federal courts interpreting the federal tax

laws and decisions of state courts interpreting state tax laws, if it is not also the result of the

willful or negligent action or inaction of the party relying thereon; provided that neither the

contesting in good faith of any such order and/or judgment nor the failure to so contest shall

constitute or be construed as a willful or negligent action or inaction of such party;

(c) the failure to issue, suspension, termination, interruption, denial or failure of

renewal of or the imposition of any new conditions upon any permit, license, consent,

authorization or approval essential to the operation of the Landfill; provided that such act or

event shall not be the result of the willful or negligent action or inaction of the party relying

thereon and that neither the contesting in good faith of any such order nor the reasonable failure

to so contest shall be construed as a willful or negligent action or inaction of such party;

(d) a Change in Law; provided, however, that a Change in Law shall excuse

performance for only the period of time which is reasonably necessary to allow OPERATOR to

comply and shall not excuse all further performance by OPERATOR unless the Change in Law

is such that it effectively prohibits performance. For example, OPERATOR’s performance

under this Agreement would be excused if a Change in Law made it unlawful to dispose of

municipal waste by kind filling or imposed taxes or other requirements which have the same

effect;

(e) the failure of any appropriate federal, state, county or community public agency

or private utility having operational jurisdiction in the area in which the Landfill is located, to

provide and maintain utilities, services, water and sewer lines and power transmission lines to the

Landfill which are required for and essential to the operation of the Landfill;

(f) the failure of any subcontractor or supplier to furnish labor, services, materials or

equipment on the dates agreed to; provided that such failure is caused by an act, event or

condition that would be an Uncontrollable Circumstance if it directly affected OPERATOR and

that materially adversely affects OPERATOR’s ability to perform its obligations, and that

OPERATOR is not able reasonably to obtain - substitute labor, services, materials or equipment

on the agreed-upon dates;

(g) the condemnation, taking, seizure, involuntary conversion or requisition of title to

or use of the Landfill, or any material portion or part thereof by the action of any federal, state or

local government or governmental agency or authority.

“Change in Law” means (a) the adoption, promulgation or modification or

reinterpretation (including any change in enforcement policy) after the date of this Agreement of

any federal, state, county, local municipal, or CITY statute, ordinance, permit, code or regulation

not adopted, promulgated, modified and/or officially published on or before the date of this

Agreement; or (b) the imposition after the date of this Agreement of any material conditions or

change in government or judicial policy in connection with the issuance, renewal, modification

or enforcement of any official permit, license or approval, which in the case of either (a) or (b)

establishes requirements affecting the obligation of either party under this Agreement (other than

payment obligations) or the design, construction, startup, operation, maintenance, cost or

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25 {00095252.DOCX.8}}

construction of the Landfill more burdensome than the most stringent requirements (i) in effect

as of the date of this Agreement, (ii) agreed to in any applications of OPERATOR for official

permits, licenses or approvals, or (iii) contained in any official permits, licenses, or approvals

with respect to the Landfill obtained as of the date of this Agreement or; c) the failure of any

applicable federal, state or local governmental agency or unit having jurisdiction over the

Landfill to issue any permit, license or approval necessary for the operation of the Landfill after

the date of this Agreement, which permit, license or approval was not issuable on or before this

Agreement. A change in federal, or state law affecting the taxation of income of the

OPERATOR shall not be a Change in Law.

13.5 Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive, but

shall, wherever possible, be cumulative with all other remedies at law or in equity.

13.6 Covenants and Conditions. Each provision of this Agreement performable by

OPERATOR shall be deemed both a covenant and a condition.

13.7 Binding Effect. Subject to any provisions hereof restricting assignment or subletting by

OPERATOR and subject to the provisions of Section 4.7, this Agreement shall bind the parties,

their personal representatives, successors, and assigns.

13.8 Governing Law. This Agreement shall be governed by the laws of the State of Illinois.

13.9 Notice. Notice shall be provided in writing by certified mail to the respective parties as

follows:

CITY: Office of the City Clerk




with a copy to: Rochelle City Manager




OPERATOR: Rochelle Waste Disposal, L.L.C.

1161 S. Seventh St.

Rochelle, IL 61068

with a copy to: Waste Connections US Holdings, Inc.

3 Waterway Square Place, Suite 110

The Woodlands, TX 77380

Attention: Legal Department

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Section VI, Item 2.

26 {00095252.DOCX.8}}

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year

first above written.

CITY OF ROCHELLE

By: ________________________________

City Manager

Attest: ________________________________

City Clerk

ROCHELLE WASTE DISPOSAL, L.L.C.

By: ________________________________

Name:

Title:

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Section VI, Item 2.

EXHIBIT A {00095252.DOCX.8}

EXHIBIT A

EXISTING SPECIAL CONDITIONS

1. In order to adequately secure the facility, and to assist in litter control, a perimeter fence,

with a minimum height of eight (8) feet, shall be constructed.

2. Landfill Advisory Committee ("Committee") may be established by the City Council

which shall consist of up to five (5) members. The City's mayor, with the advice and

consent of the City Council, shall appoint the following to serve on the Committee: one

(1) county representative, one (1) resident from each of the county, the City and the

Village of Creston who has demonstrated an interest in the Landfill, and one (l)

representative or member of the Operator's company. The Operator shall provide a

summary of all technical and operating monitoring correspondence or communication

submitted to axe IEPA pertaining to the expansion. The Committee may establish a

schedule for meetings to review, discuss, or address facility operation, constructions,

compliance and citizen complaints. Recommendations for any action by the Committee

shall be by majority vote of approval or disapproval of the request by the Committee.

Any Committee shall be presented to the City Mannger.

3. Any high permeability lenses found to intersect the excavation for the liner will be

removed by over-excavation and replaced with a minimum of five (5) feet of cohesive

silty clay backfill. The backfill shall be compacted to 95% of the Standard Proctor

density and have a maximum triaxial permeability of 1 x 10-7 cm/sec., in accordance with

the approved Construction Quality Assurance Program and properly documented by the

CQA

4. Waste shall not be placed at a depth that allows less than a total of 15.3 feet of low

permeability silty clay between the tope of the uppermost aquifer, as depicted on the

Design Drawings (Sheets G4 through G15 of the Application).

5. If, during due excavation of waste in Unit 1, additional structural fill is required to

maintain a minimum total thickness of 15.3 feet of low permeability silty clay between

the bottom of the new liner and top of the uppermost aquifer, the structural backfill will

be constructed of a cohesive silty clay and compacted to 95% of the Standard Proctor

density and have a maximum triaxial permeability of 1 x 10-7 cm/sec., in accordance with

the approved Construction Quality Assurance Program and properly documented by the

CQA Officer. .

6. Litter from the expansion found on adjacent property shall be removed by the Operator in

an expeditious manner with consent of the landowner. The collection of litter shall be

initiated and completed on the same day that it is generated.

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7. The Operator shall employ temporary litter fences near the active face. Landfill

operations should be suspended under the following conditions to minimize the potential

for b lowing litter:

- Wen sustained winds reach 35 miles per hour.

- When the Applicant determines that the Operator has not or is not able

to adequately control blowing litter from leaving the facility.

8. The Operator shall, at a minimum, inspect on a daily basis the public rights of way, and

areas adjacent to these rights of way, from landfill facility gate North on Mulford Road

and along Route 38 West to the Interstate 39 interchange and Route 38 East through

Creston to Woodlawn Road. Litter collection along these rights of way shall be

performed at least once per week, and more often if the City Manager determines from

review of evidence that is responsible for the litter.

9. The Operator shall construct an elevated platform at the existing scale house in order to

inspect waste trucks within 60 days of receipt of final and non-appealable City Council

siting approval.

10. The existing facility scale house shall be equipped with a radiation detector which shall

be utilized for screening all loads entering the facility far radiological wastes within 60

days of receipt of final and non-appealable City Council siting approval.

11. The facility operations shall occur between the hours of 6:00 a.m. and 6:00 p.m. Monday

to Saturday. If operations are ineffective at controlling odor, noise, dust and litter, and the

Operator is unable to control or remedy these problems within 24 hours, the City

Manager may require that active waste placement operating hours cease prior to 3:30

p.m. during weekdays and none on Saturdays until the problems are corrected.

12. During the exhumation of waste in Unit I, the Operator shall not allow leachate levels

within any portion of the exhumed areas, at any time, to be in excess of one foot in

height, In addition, during the exhumation activities, the Operator shall provide sufficient

leachate storage, temporary or otherwise, as is necessary to satisfy this condition.

13. The Operator shall complete the exhumation and redisposal of waste from Unit I as soon

as practicable, but in no event later than six (6) years from the date an IEPA permit is

issued for the expansion, except as otherwise provided by the City Council for good

cause shown. The waste exhumation and redisposal shall be restricted to the months of

November, December, January, February and March unless it is demonstrated to the City

Council that the process can occur in other months without off-site odor migration or

other impacts associated with the process.

14. All exhumed and relocated waste, and the active face of the excavated area, shall be

covered with a minimum six inches of soil at the end of each working day. Permitted

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Section VI, Item 2.


alternative cover may be utilized only if approved in writing by the City Manager and the

IEPA, and which alternative daily cover has proven to be effective at containing odor.

15. The excavated area of exhumed waste shall be covered with a minimum of twelve (12)

inches of compacted soil on April I of each year, and at any time exhumation activities

cease for a period longer than sixty (60) days.

16. Within five (5) years of the issuance of an IEPA permit for the expansion, the entrance to

the landfill shall be built and completed at the proposed new entrance.

17. The Operator shall construct and maintain, at a minimum, a paved access road between

the facility and the scale as identified on Drawing D9 October 2006 of the Application.

Moreover, waste collection or transfer vehicles will be required to traverse the whole of

this paved roadway prior to leaving the facility in order to minimize the potential for the

tracking of mud onto surrounding roadways.

18. Overnight stacking of trucks at the existing entrance shall not be allowed. Overnight

stacking may only be allowed after the proposed new entrance is constructed, and only

within the perimeter fence on the proposed parking area. No trucks shall be allowed to

enter parking area after 8:00 p.m. No tuck shall be allowed to be staged outside the

landfill gate prior to the opening of the landfill or its expansion.

19. If transfer trailers are to be located at the site overnight, the facility will be staffed with

security personnel at all times the entrance gate is open.

20. The Operator shall confirm that the city wastewater treatment plant has adequate leachate

management capacity to handle the anticipated generation of leachate during precipitation

events (the 25-year, 24-hour storm event equaling 5.6 inches) and during the condition

when a thin lift of waste is in place over the liner, and that any shortfall of leachate

management capacity shall be met with leachate storage tanks on the landfill site. The

leachate management system, at the time of approved clo0sure, including storage and

treatment plants acceptance of leachate, shall be capable of handling at least 40,000

gallons of leachate per day (the applicant calculated the post-closure rate from 353 galls

per acre and 111 acres, for an estimated 39,200 gallons per day generated after the cap is

placed at closure).

21. The applicant shall install leachate drainage material that encourages rapid leachate

drainage while not impacting the membrane line.

22. The plan of operations shall include the construction of operational screening berms of

between six (6) and eight (8) feet in height along the Southern edge and partially along

the East and West edges of operating cells to help to block the operations from view from

Creston Road as well as help contain litter and reduce noise impacts. The Operator shall

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Section VI, Item 2.


propose, and the City Manager shall consider for approval, placement and limits of the

operational berms prior to each cell's development. Final approval must be obtained prior

to new cell construction. The City Manager shall consider the height of the active face,

the distance from the site boundary, and the presence of other visual barriers (such as

Unit 2) and the effectiveness of other litter and noise control (such as litter fences and

permanent perimeter berms) in making its determination.

23. Perimeter berms shall be built in advance of the cells in order to screen operations to a

reasonable extent. It is recommended to require the berms to be built at least 500 feet in

advance of the Eastern-most edge of the cell being constructed. By way of example,

prior to completion of Cell 3’s liner, the Southern berm along Creston Road shall be

constructed from E 4,200 to E 6,500, which extends approximately 60-0 feet East of the

cell. The vegetation shall be established (with at least a one-year growing period) prior to

waste being placed within 400 feet of a cell with active waste placement. The berm shall

be at least 14 feet in height, places between the waste footprint and Creston Road, and

located between E 4,500 and E 7,500.

24. As part of cap system, the applicant shall install a geocomposite drainage layer the 40-mil

membrane to enhance ensure long-term drainage from the cap, minimize infiltration

through the cap, and enhance long-term slope stability.

25. The upper cap membrane and bottom liner membrane shall be connected to create a seal

against landfill gas migration away from landfill.

26. The City Manager, and-it legal and technical consultants, shall have the right to be

involved in the permitting for the horizontal and vertical expansion of the Rochelle

Municipal Landfill. As part of this involvement, the City Manager and its consultants

may attend meetings between the Operator and its and the IEPA. The City Manager and

its consultants may also review and comment on Operator’s application (provided such

technical review and comment is conducted within 30 days of receipt of the information)

prior to the Operator’s submission of the applications to the IEPA. The technical review

comments shall be incorporated into the applications or addressed to the satisfaction of

the City Manager. The Operator agrees to reimburse the City for reasonable costs of its

consultants to review and comment on the Operator's applications and submissions.

27. In applying for the IEPA permit the expansion, the Operator shall include all special

conditions from the siting approval.

28. The Operator shall submit the groundwater impact assessment (GIA) planned to be IEPA

as a permit application to the City Manager for review. The City Manager and its

consultants may provide the Operator comment (within 30 days of receipt of the

information) that must be incorporated or addressed to submitting the GIA to the IEPA as

a permit application.

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Section VI, Item 2.


29. The Operator agrees to provide at no cost to the City Council, all documents submitted to

the IEPA in regard to the expansion.

30. The maximum height and lateral expansion shall not extend beyond those in the siting

application.

31. The facility shall not accept more than an annual daily of 1,000 tons of waste per day

with a maximum of 1,500 tons on any given operating day (absent special written consent

given by the City Manager to exceed these levels on a limited basis to address emergency

circumstances or public benefit purposes).

32. The Operator shall be responsible for the cleanliness of Mulford Road and routinely

sweep Mulford Road between Creston Road and Route 38.

33. The following roadway improvement shall be made to Mulford Road, at the expense of

the Operator, prior to acceptance of waste within the expanded facility waste footprint:

- The reconstruction of Mulford Road between Route 38 and the

existing landfill entrance shall be designed to a rural standard with a

dust free, all weather surface, provide a design weight limit of 80,000

pounds and shall be at least two lanes wide.

34. The improvement to Mulford Road as described in special condition 33 above shall be

completed from the existing landfill entrance to Creston Road, at the expense of the

Operator, no than the date on which the proposed new entrance for the expansion is built

and completed as required in Special Condition 16.

35. Transfer trailers going to and from the facility shall be contractually obligated to do so

utilizing Route 38 West of Mulford Road to the Interstate 38 interchange. It shall also be

the obligation of the Operator to enforce such obligation. Video camera shall be installed

at the existing site entrance and at the proposed new entrance to monitor facility traffic

entering and leaving the expansion on Mulford Road.

36. The expansion shall not accept any waste generated outside the service area defined in

the siting application, except as specifically approved otherwise by the City Council in

writing.

37. The landscape plan, including the berms and plantings along Mulford and Creston Roads,

shall be implemented prior to and during construction of the expansions as described in

the siting application and by the testimony of Applicant’s land use and engineering

experts.

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Section VI, Item 2.

EXHIBIT B {00095252.DOCX.8}

EXHIBIT B

DESCRIPTION AND DEPICTION OF THE LANDFILL

Parcel A

The Southwest 1/4 of the Southwest 1/4 of Section 22, in Township 40 North, Range 2 East of

the 3rd. P.M. EXCEPT a tract described as follows: Beginning at a point on the South line of

said Section 22, said point being 272.99 Feet East of the Southwest corner of said Section, as

measured along said South line, thence continuing East (assumed bearing) along said South line,

188.70 feet, thence North 01 degrees 28 minutes West, 224.19 feet, thence North 88 degrees 28

minutes West 177.29 feet, and thence South 01 degrees 26 minutes West 228.93 feet to the point

of beginning, in Ogle County, Illinois.

Parcel B

All that part of the North 1/2 of the South West 1/4 of Section 22, lying South of the Chicago

and Northwestern Railroad right-of-way; all that part of the North West 1/4 of Section 22, lying

South of the Chicago and Northwestern Railroad right-of-way; all in Township 40 North, Range

2 East of the 3rd Principal Meridian, Dement Township, County, Illinois.

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Section VI, Item 2.

EXHIBIT B {00095252.DOCX.8} 132

Section VI, Item 2.

EXHIBIT C {00095252.DOCX.8}

EXHIBIT C GUARANTY

Guarantor: WASTE CONNECTIONS US HOLDINGS, INC., a Delaware corporation

Agreement: CONDITIONAL AMENDED AND RESTATED HOST AGREEMENT AND

AGREEMENT FOR THE OPERATION AND DEVELOPMENT OF CITY OF

ROCHELLE LANDFILL NO. 2 dated July ___, 2021

Agreement

Counterparties:

ROCHELLE WASTE DISPOSAL, L.L.C.

CITY OF ROCHELLE, ILLINOIS

Date: _______________________, 2021

In consideration for the CITY OF ROCHELLE, ILLINOIS (“CITY”) entering into the Agreement

(defined above) with ROCHELLE WASTE DISPOSAL, L.L.C., an Illinois limited liability company

(“OPERATOR”), and for other good and valuable consideration the receipt and sufficiency of which is

hereby acknowledged, GUARANTOR (defined above) irrevocably and unconditionally guarantees to

CITY, its successors and assigns, the full and timely payment and performance when due of all present

and future contractual obligations and liabilities, whether such obligations be absolute, contingent, due or

to become due, now existing or hereafter arising, of OPERATOR to CITY arising from the present and

future obligations arising from said Agreement between OPERATOR and CITY and the due and punctual

performance and observance of all covenants, conditions and agreements to be performed or observed by

OPERATOR under the Agreement (collectively, the “Obligations”).

This instrument is intended to be and shall be construed to be a continuing, absolute, and unconditional

guaranty and shall remain in full force and effect until satisfaction of said Agreement. This Guaranty is a

guarantee of performance and payment and not of collection.

GUARANTOR waives any and all notice of the acceptance of this Guaranty, presentment, demand,

notice of dishonor, protest, notice of any sale of collateral security, any notice of credits extended and all

other notices whatsoever. GUARANTOR consents to any extensions of time for the payment of said

account, to any changes in the terms of any settlement or adjustment thereof between CITY and

OPERATOR and to any changes in the terms of any agreement entered into between CITY and

OPERATOR. No delays on the part of CITY in the exercise of any right or remedy shall operate as a

waiver thereof. The rights of CITY against OPERATOR are cumulative and shall not be exhausted by

the exercise of any of CITY’s rights, hereunder or otherwise, against GUARANTOR or by any successive

actions until and unless all indebtedness guaranteed hereunder has been paid. In the event of dissolution,

insolvency or inability of the GUARANTOR to pay debts as they mature, or the assignment by the

GUARANTOR for the benefit of creditors, the full amount that would be payable if all liabilities were

then due and payable shall be due and payable by the GUARANTOR without notice or demand.

GUARANTOR shall reimburse CITY, on demand, for all reasonable attorneys’ fees and expenses

incurred by CITY in the enforcement or attempted enforcement of any of CITY’s rights hereunder.

The obligations hereunder of GUARANTOR shall be binding upon its successors. However, this

guaranty is not assignable by GUARANTOR and any attempted assignment is voidable at CITY’s option.

Additionally, CITY’s rights hereunder are not assignable and any attempted assignment is voidable at

GUARANTOR’s option.

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Section VI, Item 2.


The GUARANTOR may exercise or assert any and all legal or equitable rights, defenses, counter claims

or affirmative defenses under the Agreement or applicable law which OPERATOR could assert against

any party seeking to enforce the Agreement against OPERATOR, and nothing in this Guaranty shall

constitute a waiver thereof by the GUARANTOR. The obligation of GUARANTOR under this Guaranty

shall be subject to any set-off, counterclaim, recoupment, defense or other right that OPERATOR may

assert pursuant to the Agreement, if any.

This Guaranty constitute the entire agreement between GUARANTOR and CITY and supersedes and

renders void all prior negotiations and agreements between said parties, whether written or oral,

pertaining to the subject matter hereof.

CITY and GUARANTOR agree that this Guaranty shall be governed by and construed in accordance

with the laws of the State of Illinois, without giving effect to any conflicts of laws principles thereof

which would in the application of the laws of another jurisdiction.

Any provision of this Guaranty may be amended or modified only by an instrument in writing signed by

CITY and GUARANTOR.

GUARANTOR represents and warrants that at the time of the execution and delivery of this Guaranty,

nothing (whether financial condition or any other condition or situation) exists to impair in any way the

obligations and liabilities of GUARANTOR to CITY under this Guaranty. GUARANTOR further

represents and warrants that each of the persons signing this Guaranty on its behalf has been properly

authorized by appropriate entity action to do so.

[Remainder of Page Intentionally Left Blank;

Signatures appear on the following page.]

134

Section VI, Item 2.


IN WITNESS WHEREOF, this Guaranty is executed and delivered by GUARANTOR and CITY on the

date first set forth above.

GUARANTOR:

WASTE CONNECTIONS US HOLDINGS, INC., a

Delaware corporation

By:

Name:

Title:

CITY:

THE CITY OF ROCHELLE, ILLINOIS

By:

Name:

Title:

135

Section VI, Item 2.

THE CITY OF ROCHELLE

Ogle County, Illinois

RESOLUTION

NO. _____

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF CRESTON

JOHN BEARROWS, Mayor

SUE MESSER, City Clerk

TOM MCDERMOTT

BIL HAYES

KATE SHAW-DICKEY

DAN McDERMOTT

JOHN GRUBEN

ROSAELIA ARTEAGA

City Council

______________________________________________________________________________

Published in pamphlet form by authority of the Mayor and City Council of the City of Rochelle

Peterson, Johnson, and Murray Chicago, LLC, City Attorneys

200 W. Adams, Suite 2125 Chicago, IL 60606

136

Section VI, Item 2.

CITY OF ROCHELLE


RESOLUTION NO. ____

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF CRESTON

WHEREAS, Section 7 of Article VII of the 1970 Constitution of the State of Illinois

provides that a municipality that is not a home rule unit shall only have the powers granted to

them by law and as such the City of Rochelle (“City”), Ogle County, Illinois being a non-home

rule unit pursuant to the provisions of said Section 7 of Article VII, and may exercise only the

powers expressly granted by law; and

WHEREAS, the Illinois General Assembly granted non-home rule municipalities broad

authority to “pass all ordinances and make all rules and regulations proper or necessary, to carry

into effect the powers granted to municipalities.” 65 ILCS 5/1-2-1; and

WHEREAS, while “non-home rule municipalities have the authority to enact ordinances,

such ordinances may in no event conflict with state law or prohibit what a state statute expressly

permits . . . A local ordinance may impose more rigorous or definite regulations in addition to

those enacted by the state legislature so long as they do not conflict with the statute.” (Village of

Wauconda v. Hutton, 291 Ill. App. 3d 1058, 1060 (1997)); and

WHEREAS, the constitution of the State of Illinois and the Intergovernmental

Corporation Act, as amended (5 ILCS 220/1 et seq.) and the Illinois Municipal Code (65 ILCS

5/1-1-5 et seq. and 5/11-15.1-1 et seq) authorize units of local Government to exercise their

powers, privileges or authority, and to enter into Intergovernmental Agreements; and

WHEREAS, the City of Rochelle (“City”) and the Village of Creston (“Village”) are all

units of local Government which wish to enter into an Intergovernmental Agreement for the

purpose of memorializing certain agreements between them related to the existing landfill

owned by the City and located within the corporate boundaries of the City, near the Village; and

WHEREAS, the City and Village contemplate an amendment of said siting condition to

provide that the exhumation of Unit No. 1 in the Rochelle Landfill No. 2 will not be required

based upon an updated analysis of the exhumation process and certain agreements by and

between the Operator, now, Rochelle Waste Disposal, LLC and the Village, and certain

agreements by and between Rochelle Waste Disposal, LLC, the City and Village, and Ogle

County; and

WHEREAS, staff and the City Manager have negotiated an Intergovernmental

Agreement under which the City will cooperate with the modification of siting conductions for

the City’s landfill and amendments to the Host Agreement; and

137

Section VI, Item 2.

WHEREAS, it has been determined by the Corporate Authorities of the City of Rochelle

that it is in the best interest of the City and its residents to enter into and execute the

Intergovernmental Agreement with the Village of Creston; and

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF

ROCHELLE, ILLINOIS:

SECTION ONE: That the City hereby incorporates all of the recitals above into this

Resolution as if fully set forth herein. SECTION TWO: The Mayor and City Council of the City of Rochelle authorize the City

Manager to execute an Intergovernmental Agreement with the Village of Creston, attached as

Exhibit 1, subject to review and revision by the City Attorney.

SECTION THREE: If any provision of this Resolution or application thereof to any person or

circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other

provisions or applications of this resolution that can be given effect without the invalid

application or provision, and each invalid provision or invalid application of this Resolution is

severable.

SECTION FOUR: Where the conditions imposed by any provisions of this Resolution are

more restrictive than comparable provisions imposed elsewhere in any other local law,

resolution, resolution, rule or regulation, the regulations of this Resolution will govern.

SECTION FIVE: The City Clerk shall publish this Resolution in pamphlet form.

SECTION SIX: This Resolution shall be in full force and effect from and after its passage,

approval and publication in pamphlet form as provided by law.

PASSED THIS 12th day of July, 2021.

Ayes:_____ Nays: ____ Absent/Abstain:_____ ___________________________________ Mayor Attested:__________________________________ City Clerk

138

Section VI, Item 2.

STATE OF ILLINOIS )

) SS.

COUNTY OF OGLE )

CERTIFICATE

I, ___________________, City Clerk of the City of Rochelle, County of Ogle and State

of Illinois, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution

No. _____, “A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF CRESTON” which was

adopted by the Mayor and City Council of the City of Rochelle on July 12, 2021.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of

the City of Rochelle this 12th day of July, 2021.

____________________________________

CITY CLERK

139

Section VI, Item 2.

THE CITY OF ROCHELLE Ogle County, Illinois

ORDINANCE

NO. _____

AN ORDINANCE APPROVING A JURISDICTIONAL BOUNDARY LINE AND




TOM McDERMOTT

BIL HAYES

KATE SHAW-DICKEY

DAN McDERMOTT

JOHN GRUBEN

ROSAELIA ARTEAGA

City Council

_____________________________________________________________________________________ Published in pamphlet form by authority of the Mayor and City Council of the City of Rochelle

Law Offices of Peterson, Johnson, & Murray—Chicago, City Attorneys

200 W. Adams, Ste. 2125, Chicago, IL 60606

140

Section VI, Item 2.

CITY OF ROCHELLE


ORDINANCE NO.

AN ORDINANCE APPROVING A JURISDICTIONAL BOUNDARY LINE AND



provides that a municipality that is not a home rule unit shall only have the powers granted to them

by law and as such the City of Rochelle (“City”), Ogle County, Illinois being a non-home rule unit

pursuant to the provisions of said Section 7 of Article VII, and may exercise only the powers

expressly granted by law; and









WHEREAS, the Illinois Intergovernmental Cooperation Act, (5 ILCS 220/1 et seq.),

authorizes municipalities to exercise jointly with any public agency of the State, including other

units of local government, any power, privilege, or authority which may be exercised by a unit of

local government individually, and to enter into contracts for the performance of governmental

services, activities and undertakings; and

WHEREAS, 65 ILCS 5/11-12-9 provides “[t]hat if unincorporated territory is within one

and one-half miles of the boundaries of two or more corporate authorities that have adopted official

plans, the corporate authorities involved may agree upon a line which shall mark the boundaries

of the jurisdiction of each of the corporate authorities who have adopted such agreements”; and

WHEREAS, certain unincorporated territory lies within one and one-half miles of the

boundaries of Creston and Rochelle; and,

WHEREAS, the City of Rochelle (“Rochelle” or the “City”) and the Village of Creston

(“Creston”) have adopted official comprehensive plans for making recommendations with respect

to the development of that unincorporated territory.

WHEREAS, Rochelle and Creston recognize the need and desirability to provide for

logical future municipal boundaries and areas of municipal authority between their respective

corporate limits in order to plan effectively for growth management and potential development

between their communities, and to memorialize certain agreements between them related to

141

Section VI, Item 2.

cooperation with regard to significant infrastructure developments within the unincorporated

territory and with regard to maintaining reasonably comparable impact fees and similar

development costs in order to foster fair competition; and

WHEREAS, the City’s staff, after due investigation and consideration, recommends

entering into an agreement providing for the establishment of a boundary for Rochelle’s respective

jurisdictions in the unincorporated territory lying between and near its boundaries with Creston;

and

WHEREAS, the City’s staff has determined that the observance of the boundary line in

future annexations by either municipality and will serve the best interests of both communities;

and

WHEREAS, the City Council finds it to be in the best interests of its citizens and residents

to enter into a Jurisdictional Boundary Line and Intergovernmental Cooperation Agreement with

the Village of Creston, attached hereto as Exhibit 1.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

ROCHELLE, OGLE COUNTY, ILLINOIS:


Resolution as if fully set forth herein. SECTION TWO: The Mayor and City Council of the City of Rochelle authorize the City

Manager to execute a Jurisdictional Boundary Line And Intergovernmental Cooperation

Agreement Intergovernmental Agreement with the Village of Creston, attached as Exhibit 1,

subject to review and revision by the City Attorney.

SECTION THREE: If any provision of this Ordinance or application thereof to any person or


provisions or applications of this Ordinance that can be given effect without the invalid application

or provision, and each invalid provision or invalid application of this Ordinance is severable.

SECTION FOUR: Where the conditions imposed by any provisions of this Ordinance are more

restrictive than comparable provisions imposed elsewhere in any other local law, resolution,

resolution, rule or regulation, the regulations of this Ordinance will govern.

SECTION FIVE: The City Clerk shall publish this Ordinance in pamphlet form.

SECTION SIX: This Ordinance shall be in full force and effect from and after its passage,



Ayes:_____ Nays: ____ Absent/Abstain:_____

___________________________________

142

Section VI, Item 2.

Mayor

Attested:__________________________________

City Clerk

143

Section VI, Item 2.

STATE OF ILLINOIS )

) SS.

COUNTY OF OGLE )

CERTIFICATE

I, ___________________, City Clerk of the City of Rochelle, County of Ogle and State of

Illinois, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No.

_____, “AN ORDINANCE APPROVING A JURISDICTIONAL BOUNDARY LINE AND

INTERGOVERNMENTAL COOPERATION AGREEMENT” which was adopted by the Mayor

and City Council of the City of Rochelle on July 12, 2021.



____________________________________

CITY CLERK

144

Section VI, Item 2.


ORDINANCE

NO. _____

AN ORDINANCE APPROVING A CONDITIONAL AMENDED AND RESTATED

HOST AGREEMENT AND AGREEMENT FOR THE OPERATION AND

DEVELOPMENT OF CITY OF ROCHELLE LANDFILL NO. 2



TOM MCDERMOTT

BIL HAYES

KATE SHAW-DICKEY

DAN McDERMOTT

JOHN GRUBEN

ROSAELIA ARTEAGA

City Council _____________________________________________________________________________________




145

Section VI, Item 2.

ORDINANCE NO. ___________

Date Passed: July 12, 2021

AN ORDINANCE APPROVING A CONDITIONAL AMENDED AND RESTATED

HOST AGREEMENT AND AGREEMENT FOR THE OPERATION AND

DEVELOPMENT OF CITY OF ROCHELLE LANDFILL NO. 2



by law and as such the City of Rochelle, Ogle County, Illinois being a non-home rule unit pursuant

to the provisions of said Section 7 of Article VII, and may exercise only the powers expressly

granted by law; and









WHEREAS, the City of Rochelle (“City”), as Owner, and Rochelle Waste Disposal, LLC

(“Operator”), have previously entered into a Restated Host Agreement for the operation and

development of Rochelle Municipal Landfill #2; and

WHEREAS, the City and Operator renegotiated the Restated Original Agreement for the

continued lease, operation and development of the Landfill (until all present capacity and any

capacity permitted by that certain expansion of the Landfill approved as of May 6, 2008 have been

filled pursuant to the terms and conditions of this Agreement);


December 19, 1998, and January 21, 1999, respectively and the City and Operator desire to amend

the Restated Original Agreement to eliminate the obligation to provide for the exhumation of the

waste previously disposed of in “Unit 1” of the Landfill (the ““Unit 1” Waste”);


December 19, 1998, and January 21, 1999, respectively and the City and Operator desire to amend

the Restated Original Agreement to eliminate certain obligations for the City and the Operator;

WHEREAS, the City and Operator desire to amend the Restated Original Agreement to

eliminate certain obligations for the City and the Operator, including the exhumation of Unit 1 at

the Landfill;

146

Section VI, Item 2.

WHEREAS, the City and the Operator will modify the payments to the City (“Tipping

Fees”) received by the City for the waste that consumes space at the Landfill, and specify

additional waste, for which the City will receive compensation;

WHEREAS, the proposed Conditional Amended and Restated Host Agreement and

Agreement for the Operation and Development of City of Rochelle Landfill No. 2 (“Agreement”),

incorporates the negotiated changes and is attached hereto as Exhibit 1;

WHEREAS, the Mayor and City Counsel find that it is in the best interest of the City’s

residents to approve the Conditional Amended and Restated Host Agreement and Agreement for

the Operation and Development of City of Rochelle Landfill No. 2.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

ROCHELLE, OGLE COUNTY, ILLINOIS, as follows:


Ordinance as if fully set forth herein. SECTION TWO: The Conditional Amended and Restated Host Agreement and Agreement for the

Operation and Development of City of Rochelle Landfill No. 2, in the form attached to this

Ordinance as Exhibit 1, is hereby approved and the Mayor and/or City Manager are hereby

authorized to execute said Agreement, subject to review and revision as to form by the City

Attorney.



provisions or applications of this ordinance that can be given effect without the invalid application



restrictive than comparable provisions imposed elsewhere in any other local law, ordinance,






AYES:

NAYS:

ABSENT:

APPROVED THIS 12th day of July, 2021.

147

Section VI, Item 2.

____________________________________

MAYOR

ATTEST:

_____________________________________

CITY CLERK

148

Section VI, Item 2.

STATE OF ILLINOIS )

) SS.

COUNTY OF OGLE )

CERTIFICATE



_____, “AN ORDINANCE APPROVING A CONDITIONAL AMENDED AND RESTATED

HOST AGREEMENT AND AGREEMENT FOR THE OPERATION AND DEVELOPMENT

OF CITY OF ROCHELLE LANDFILL NO. 2” which was adopted by the Mayor and City Council

of the City of Rochelle on July 12, 2021.



____________________________________

CITY CLERK

________________________ City Clerk

149

Section VI, Item 2.


3. Consideration and action on an ordinance authorizing the issuance of Electric Revenue Bonds of the

City in an amount not to exceed $18,000,000, or in lieu thereof, General Obligation Bonds (Electric

System Alternate Revenue Source) in an amount not to exceed $18,000,000, for the purpose of paying the

costs of improving the City’s electric system

150

Section VI, Item 3.


AGENDA ITEM MEMO

REGULAR MEETING

SUBJECT: Consideration and action on an ordinance authorizing the issuance of Electric Revenue

Bonds of the City in an amount not to exceed $18,000,000, or in lieu thereof, General

Obligation Bonds (Electric System Alternate Revenue Source) in an amount not to exceed

$18,000,000, for the purpose of paying the costs of improving the City’s electric system

Staff Contact: Jeff Fiegenschuh, City Manager

Summary: Staff has identified several infrastructure projects (transformer, substation, solar, 5kV, etc)

that will be necessary in the next few years in the electric department. Rather than deplete the cash reserves, staff

recommends taking advantage of the low interest rate environment and issue bonds. The debt service payments

will be paid out of operating revenues and a rate increase is not anticipated. The authorizing ordinance is the first

step in the process of determining if this option is feasible for the City of Rochelle.

The City’s financial advisors anticipate rates in the 1.6% range and the debt service will only run 15 years to

coincide with the possible forced closed of the Prairie State Generating Campus. The anticipated annual debt

service payments will be approximately $1.457 million annually. The City is considering two separate issuances

of $9,000,000 each to allow local banks to bid on the bonds. If approved, the City will continue to the next step in

the process by holding a public hearing (BINA) on July 26. Stephan Roberts from Baird Public Finance will be in

attendance to answer questions.

Funding Sources:


Alternate Revenue Bonds $18,000,000 over 4 years $18,000,000 over three years

Strategic Plan Goal Application: Reduce/Re-evaluate Debt – Long Term Complex, Support Community

Economic Development, Infrastructure development

Recommendation: Approve an ordinance authorizing the issuance

of Electric Revenue Bonds of the City of Rochelle, Ogle and Lee Counties,

Illinois, in an aggregate principal amount not to exceed $18,000,000, or in

lieu thereof, General Obligation Bonds (Electric System Alternate Revenue

Source) in an aggregate principal amount not to exceed $18,000,000 for the

purpose of paying the costs of improving the electric system of the City.

151

Section VI, Item 3.

152

Section VI, Item 3.

BHMG ENGINEERSConsulting Engineers

# Budget

1 $5,475,000.00

2 $5,284,000.00

3 $2,989,000.00

4 $3,956,000.00

$17,704,000.00

Centerpoint distribution substation with 20MVA 34.5 to 13.8kV

transformer, and sheltered aisle switchgear with 15 and 38kV breakers.

Four feeders for 13.8kV and four 34.5kV breakers.

Replacement 5kV transformer at the power plant for generation and

5kV system

34.5kV Line from Twombly Park Substation to new Centerpoint

Substation. 4.2 miles of monopole structures, 900amp, or 50MVA

capacity, route along existing ROW if possible

Total Project Estimate

Rochelle Municipal Utilities

Description

34.5kV Line from Prologis Park Substation to new Centerpoint

Substation. 5.9 miles of monopole structures, 900amp, or 50MVA

capacity, route along existing ROW if possible

Prelimminary Project Budget SummaryCenterpoint Substation

7/6/2021; 12:57 PM

630 Jeffco Blvd., Arnold, MO 63010 / Phone 636-296-8600 / Fax 636-296-8611153

Section VI, Item 3.

Project No.: JFJ

Project

Description 07/06/21

Qty. Unit Unit Cost Qty. Unit Unit Cost Qty. Unit Unit Cost1 Easement Acquisitions 31000 l.f. 15.00$ 1 l.f. 10.00$ 2 75ft steel tangent poles 110 Ea. 10,000.00$ 1 ea.3 Deadend Poles 8 Ea. 50,000.00$ 1 ea. 40,000.00$ 4 Conductor 93000 ft. 5.00$ 1 ft. 6.00$ 5 Static 31000 ft. 1.00$ 1 ft. 3.00$

Engineering 8 % 4,116,200.00$ Construction Admin/Observation 10 % 4,116,200.00$ Contingency 15 % ##########

1,125,300.00$

-$

852,500.00$

Totals This Sheet

792,000.00$ 1,210,000.00$

329,296.00$

-$

-$

5,474,546.00$ 617,430.00$

-$ -$ -$ -$

-$

-$

136,400.00$ -$

-$

-$

-$ -$ -$ -$ -$

-$ -$ -$ -$

411,620.00$

34.5kV Line Prologis to Cntrpnt

TotalItem

#

Estimated By:

Checked By:

1502 Rochelle

Centerpoint Sub

EngineeringCost

EstimateDate:

Material Labor EquipmentItem Description

7/6/2021, 12:57 PM Page 2 of 5154

Section VI, Item 3.

Project No.: JFJ

Project


Qty. Unit Unit Cost Qty. Unit Unit Cost Qty. Unit Unit CostSite Development

Land PurchaseSurveying and Geotech 1 ea. 750.00$ 1 ea. 4,500.00$

Site Grading 1 ea. 1 ea. 1,500.00$

Storm Water RetentionPerimeter Chainlink Fence 800 l.f. 120.00$ 1 ft 75.00$ 2 ea. 20,000.00$

Gravel Access Roads 1 ea. 15,000.00$ 1 ea. 7,500.00$

Rock Landscaping 1 ea. 25,000.00$ 1 ea. 15,000.00$

Major Equipment34.5 to 13.8kV 20/27//37MVA XFMR w/OLTC 1 ea. 800,000.00$ 480 hr. 150.00$ 1 ea. 20,000.00$

12 unit 38 and 15kV Sheltered aisle switchge 1 ea. 1,500,000.00$ 800 hr. 150.00$ 1 ea. 20,000.00$ Foundations

34.5kV XFMR foundation with containment 1 ea. 20,000.00$ 1 ea. 40,000.00$ 1 ea. 750.00$

Switchgear foundation 1 ea. 30,000.00$ 1 ea. 50,000.00$ 1 ea. 750.00$

Conduit and GroundingCable trench and control conduit 1 ls. 45,000.00$ 400 hr. 150.00$ Ground Grid 1 ls. 35,000.00$ 400 hr. 150.00$

34.5kV Main UG Conduits ‐ 2‐6" 300 ft. 12.00$ 0.25 hr. 130.00$

34.5kV Main UG Cables ‐ 2 sets 750 CU 675 ft. 25.00$ 0.1 hr. 130.00$

34.5kV Feeder UG Exits Conduits ‐ 4x1‐6" 1200 ft. 12.00$ 0.25 hr. 130.00$

34.5kV Feeder UG Cables ‐ 1 set 750 CU 1200 ft. 25.00$ 0.1 hr. 130.00$

34.5kV UG Terminations 27 ea. 200.00$ 8 hr. 130.00$

13.8kV Main UG Conduits ‐ 3‐6" 150 ft. 12.00$ 0.25 hr. 130.00$

13.8kV Main UG Conduits ‐ 3 sets of 750 CU 337.5 ft. 20.00$ 0.1 hr. 130.00$

13.8kV Feeder UG Exits Conduits ‐ 4x1‐6" 1200 ft. 12.00$ 0.25 hr. 130.00$

13.8kV Feeder UG Cables ‐ 1 set 750 CU 4800 ft. 20.00$ 0.1 hr. 130.00$


Yard LED Lights 12 ea. 250.00$ 3 hr. 130.00$

Testing 1 ls. 500.00$ 80 hr. 130.00$

Commissionioning 1 ls. 750.00$ 100 hr. 130.00$ Engineering 8 % 3,972,355.75$ Construction Admin/Observation 10 % 3,972,355.75$ Contingency 15 % 3,972,355.75$

Totals This Sheet 5,283,233.15$

-$ 11,990.00$ 15,125.00$

7,342.50$ 12,251.25$ 58,740.00$

174,240.00$ 42,966.00$ 8,448.00$

317,788.46$ 397,235.58$ 595,853.36$

36,828.00$

1,804,000.00$ -$

66,825.00$ 88,825.00$

-$ 115,500.00$ 104,500.00$ 14,685.00$ 28,215.00$ 58,740.00$ 50,160.00$

981,200.00$

Total

-$ -$

5,775.00$ 1,650.00$

-$ 215,600.00$ 24,750.00$ 44,000.00$

-$

Estimate34.5kV New Substation Date:

Item #

Item DescriptionMaterial Labor Equipment

1502 Rochelle Estimated By:

EngineeringCost Centerpoint Sub Checked By:

7/6/2021, 12:57 PM Page 3 of 5155

Section VI, Item 3.

Project No.: JFJ

Project


Qty. Unit Unit Cost Qty. Unit Unit Cost Qty. Unit Unit CostSite Development

Land PurchaseSurveying and Geotech 1 ea. 750.00$ 1 ea. 5,500.00$

Site Grading 1 ea. 1 ea. 30,000.00$

Storm Water RetentionPerimeter Chainlink Fence 240 l.f. 120.00$ 1 ft 75.00$ 2 ea. 20,000.00$

Rock Landscaping 1 ea. 12,000.00$ 1 ea. 15,000.00$

Major Equipment13.8 to 4.16kV 10/12MVA XFMR w/OLTC 1 ea. 500,000.00$ 300 hr. 150.00$ 1 ea. 20,000.00$

Pad mount switchgear 1 ea. 25,000.00$ 96 hr. 150.00$ 1 ea. 20,000.00$ Foundations

13.8kV XFMR foundation with containment 1 ea. 15,000.00$ 1 ea. 35,000.00$ 1 ea. 750.00$

Switchgear foundation 1 ea. 5,000.00$ 1 ea. 20,000.00$ 1 ea. 750.00$

Conduit and GroundingControl conduit 1 ls. 15,000.00$ 200 hr. 150.00$ Ground Grid 1 ls. 7,500.00$ 200 hr. 150.00$ 13.8kV Riser pole connections 2 ea. 12,000.00$ 80 hr. 150.00$

13.8kV UG Conduits ‐ 3‐6" 1100 ft. 12.00$ 0.5 hr. 150.00$

13.8kV Main UG Cables ‐ 3 sets 750 CU 3600 ft. 25.00$ 0.4 hr. 150.00$


5kV Main UG Conduits ‐ 3‐6" 600 ft. 12.00$ 0.75 hr. 150.00$

5kV Main UG Conduits ‐ 3 sets of 750 CU 1800 ft. 20.00$ 0.4 hr. 150.00$

5kV UG Terminations 36 ea. 200.00$ 12 hr. 150.00$

Relay panel upgrades 4 ea. 50,000.00$ 120 hr. 150.00$

Testing 1 ls. 500.00$ 80 hr. 130.00$

Commissionioning 1 ls. 750.00$ 100 hr. 130.00$

Engineering 8 % 2,246,750.00$ Construction Admin/Observation 10 % 2,246,750.00$ Contingency 15 % 2,246,750.00$

Totals This Sheet 2,988,177.50$

-$ 11,990.00$ 15,125.00$

-$ 179,740.00$ 224,675.00$ 337,012.50$

-$

41,250.00$

105,270.00$ 336,600.00$ 79,200.00$ 82,170.00$

158,400.00$ 79,200.00$

299,200.00$ -$

52,800.00$

49,500.00$

-$ 95,480.00$ 29,700.00$

-$ 621,500.00$ 65,340.00$

-$ 55,825.00$ 28,325.00$

-$

33,000.00$

EstimatePowerplant Sub Date:

Total

-$ -$

6,875.00$

Item #




7/6/2021, 12:57 PM Page 4 of 5156

Section VI, Item 3.

Project No.: JFJ

Project


Qty. Unit Unit Cost Qty. Unit Unit Cost Qty. Unit Unit Cost1 Easement Acquisitions 22000 l.f. 15.00$ 1 l.f. 10.00$ 2 75ft steel tangent poles 80 Ea. 10,000.00$ 1 ea.3 Deadend Poles 6 Ea. 50,000.00$ 1 ea. 40,000.00$ 4 Conductor 66000 ft. 5.00$ 1 ft. 6.00$ 5 Static 22000 ft. 1.00$ 1 ft. 3.00$

Engineering 8 % 2,974,400.00$ Construction Admin/Observation 10 % 2,974,400.00$ Contingency 15 % ##########



Item #


798,600.00$

Estimate34.5kV Line Twombly to Cntrpnt Date:

Total

605,000.00$ 880,000.00$ 594,000.00$

-$

96,800.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

297,440.00$

-$ -$ -$ -$ -$ -$ -$ -$ -$ -$

237,952.00$

446,160.00$ Totals This Sheet 3,955,952.00$

7/6/2021, 12:57 PM Page 5 of 5157

Section VI, Item 3.

City of Rochelle, IL

General Obligation Bonds (Alternate Revenue Source), Series 2021 Timetable

Time and Responsibility Schedule* As of June 24, 2021

Role Participant Abbreviation Issuer City of Rochelle City Bond Counsel Chapman and Cutler LLP BC Disclosure Counsel Chapman and Cutler LLP DC Underwriter Robert W. Baird & Co. UW

2021 2021 2021S M T W T F S S M T W T F S S M T W T F S

1 2 3 1 2 3 4 5 6 7 1 2 3 44 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11

11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 1818 19 20 21 22 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 2525 26 27 28 29 30 31 29 30 31 26 27 28 29 30

City Council Meeting Dates

July August September

*Preliminary subject to change. Robert W. Baird & Co.

Week

Task

Responsible Participant(s)

Week of July 5 Distribute BINA documents and Ordinance setting forth the intent to

issue Alternate Bonds. BC

July 12 Sign Order calling the BINA hearing and adopt Ordinance setting

forth the intent to issue Alternate Bonds. City

July 16 Notice of BINA hearing published and posted. (Publication must be 7-30

days before the BINA Hearing.) Authorizing Ordinance published. Publication of Authorizing Ordinance starts the 30-day petition period.

City

Week of July 19 Distribute first draft of POS. DC

July 26 BINA Hearing at City Council meeting. (7-30 days after the notice

published.) City

Week of July 26 Distribute first draft of Parameters Ordinance. BC

Week of July 26 Receive comments on draft of POS. All

Week of August 2 Receive comments on draft Parameters Ordinance. All

Week of August 2 Send draft documents to rating agency and bond insurers. UW

Week of August 2 Distribute second draft of POS. DC

Week of August 9 Receive comments on second draft of POS. All

August 16 Back-door petition period expires. (30 days after notice is published in

local newspaper.) -

Week of August 16 Conference call with the rating agency and due diligence session. All

158

Section VI, Item 3.

City of Rochelle, IL

General Obligation Bonds (Alternate Revenue Source), Series 2021 Timetable

Time and Responsibility Schedule* As of June 24, 2021

Role Participant Abbreviation Issuer City of Rochelle City Bond Counsel Chapman and Cutler LLP BC Disclosure Counsel Chapman and Cutler LLP DC Underwriter Robert W. Baird & Co. UW

2021 2021 2021S M T W T F S S M T W T F S S M T W T F S

1 2 3 1 2 3 4 5 6 7 1 2 3 44 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11

11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 1818 19 20 21 22 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 2525 26 27 28 29 30 31 29 30 31 26 27 28 29 30

City Council Meeting Dates

July August September

*Preliminary subject to change. Robert W. Baird & Co.

Week

Task

Responsible Participant(s)

Week of August 16 Distribute third draft of POS, if necessary. DC

August 23 Adopt Parameters Ordinance at City Council meeting. (Must occur

after back-door petition period expires.) City

Week of August 23 Receive rating and insurance bids. UW

Week of August 23 Print POS. DC

Week of August 30 Price Bonds and sign Bond Purchase Agreement. City & UW

Week of August 30 Distribute draft of Final Official Statement (“FOS”). DC

Week of September 6 Receive comments on FOS. All

Week of September 6 Print FOS. DC

Week of September 20 Delivery of Bonds. All

159

Section VI, Item 3.

| 11

Baird Public Finance

Stephan Roberts Adam Holstine300 E. Fifth Avenue, Suite 200 300 E. Fifth Avenue, Suite 200Naperville, IL 60563 Naperville, IL 60563630-778-9174 (direct) 630-848-6427 (direct)630-730-3415 (mobile) 815-409-5391 (mobile)

[email protected] [email protected]

June 25, 2021

Hypothetical General Obligation Alternate Revenue Source Bonding Analysis

*See “Important Disclosures” on the inside front cover. This is for information purposes only. It does not contain an express or implied recommendationand is not intended to be advice.

160

Section VI, Item 3.

| 2

Important Disclosures

Robert W. Baird & Co. Incorporated (“Baird”) is not recommending that you take or not take any action. Baird is not acting as financial advisor ormunicipal advisor to you and does not owe a fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with respect to theinformation contained herein and/or accompanying materials (collectively, the “Materials”). Baird is acting for its own interests. You should discuss theMaterials with any and all internal or external advisors and experts that you deem appropriate before acting on the Materials.

Baird seeks to serve as underwriter in connection with a possible issuance of municipal securities you may be considering and not as financial advisor ormunicipal advisor. Baird is providing the Materials for discussion purposes only, in anticipation of being engaged to serve as underwriter (or placementagent).

The role of an underwriter includes the following: Municipal Securities Rulemaking Board Rule G-17 requires an underwriter to deal fairly at all timeswith both municipal issuers and investors. An underwriter’s primary role is to purchase the proposed securities to be issued with a view to distributionin an arm’s length commercial transaction with the issuer. An underwriter has financial and other interests that differ from those of the issuer. Anunderwriter may provide advice to the issuer concerning the structure, timing, terms, and other similar matters for an issuance of municipal securities.Any such advice, however, would be provided in the context of serving as an underwriter and not as municipal advisor, financial advisor or fiduciary.Unlike a municipal advisor, an underwriter does not have a fiduciary duty to the issuer under the federal securities laws and is therefore not required byfederal law to act in the best interests of the issuer without regard to its own financial or other interests. An underwriter has a duty to purchasesecurities from the issuer at a fair and reasonable price but must balance that duty with its duty to sell those securities to investors at prices that are fairand reasonable. An underwriter will review the official statement (if any) applicable to the proposed issuance in accordance with, and as part of, itsresponsibilities to investors under the federal securities laws, as applied to the facts and circumstances of the proposed issuance.

The Materials do not include any proposals, recommendations or suggestions that you take or refrain from taking any action with regard to an issuanceof municipal securities and are not intended to be and should not be construed as ''advice'' within the meaning of Section 15B of the SecuritiesExchange Act of 1934 or Rule 15Ba1-1 thereunder. The Materials are intended to provide information of a factual, objective or educational nature, aswell as general information about Baird (including its Public Finance unit) and its experience, qualifications and capabilities.

Any information or estimates contained in the Materials are based on publicly available data, including information about recent transactions believedto be comparable, and Baird’s experience, and are subject to change without notice. Baird has not independently verified the accuracy of such data.Interested parties are advised to contact Baird for more information.

If you have any questions or concerns about the above disclosures, please contact Baird Public Finance.

IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that the Materials do not constitute tax adviceand shall not be used for the purpose of (i) avoiding tax penalties or (ii) promoting, marketing or recommending to another party any transaction ormatter addressed herein.

161

Section VI, Item 3.

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Hypothetical GO ARS Bonding Analysis –$18 Million in Proceeds Issued in One Transaction

_____________________________________________________________________________________________________________________

(1) This illustration represents a mathematical calculation of potential interest cost, assuming hypothetical rates based on current bank qualified rates for general obligation alternate revenue source bonds rated A+ with AA rated insurance as of June 21, 2021. Actual rates may vary. If actual rates are higher than those assumed, the interest cost would be higher. This illustration provides information and is not intended to be a recommendation, proposal or suggestion for a financing or otherwise be considered as advice. Structure assumes twenty year amortization, dated date of September 20, 2021 and first interest payment of June 1, 2022. Preliminary, subject to change. (2) Annual revenue stream of $7,851,086 (not assumed to grow) which represents net electric system revenues for the fiscal year ended December 31, 2019 plus depreciation, amortization and interest expense.(3) Assumed costs of issuance of $15 per $1,000 of bonds and a bond insurance premium of 30 basis points. Preliminary, subject to change.(4) True Interest Cost is the rate of interest, compounded semi-annually, required to discount the payments of principal and interest to bondholders to the original purchase price. This summary of hypothetical potential bonding analysis is for information purposes only. It does not contain an express or implied recommendation and is not intended to be advice.

Bond Year Ending May

1

Revenue Available for

Debt Service (2) PrincipalAssumed

RateAssumed

YieldAssumed Interest

Total Debt Service

Estimated Debt Service

Coverage(5/1) (5/1 & 10/1)

2022 $7,851,086 $1,025,000 5.000% 0.400% $440,956 $1,465,956 5.36x2023 $7,851,086 $800,000 5.000% 0.460% $667,050 $1,467,050 5.35x2024 $7,851,086 $840,000 5.000% 0.560% $627,050 $1,467,050 5.35x2025 $7,851,086 $885,000 5.000% 0.720% $585,050 $1,470,050 5.34x2026 $7,851,086 $925,000 5.000% 0.900% $540,800 $1,465,800 5.36x2027 $7,851,086 $975,000 5.000% 1.000% $494,550 $1,469,550 5.34x2028 $7,851,086 $1,025,000 5.000% 1.140% $445,800 $1,470,800 5.34x2029 $7,851,086 $1,075,000 5.000% 1.280% $394,550 $1,469,550 5.34x2030 $7,851,086 $1,130,000 5.000% 1.410% $340,800 $1,470,800 5.34x2031 $7,851,086 $1,185,000 5.000% 1.490% $284,300 $1,469,300 5.34x2032 $7,851,086 $1,245,000 5.000% 1.550% $225,050 $1,470,050 5.34x2033 $7,851,086 $1,305,000 4.000% 1.610% $162,800 $1,467,800 5.35x2034 $7,851,086 $1,355,000 4.000% 1.690% $110,600 $1,465,600 5.36x2035 $7,851,086 $1,410,000 4.000% 1.740% $56,400 $1,466,400 5.35x

$15,180,000 $5,375,756 $20,555,756

Sources of FundsPar Amount $15,180,000Reoffering Premium $3,158,455Total Sources $18,338,455

Uses of FundsDeposit to Project Fund $18,000,000Assumed Costs of Issuance (3) $336,744Rounding Amount $1,711Total Uses of Funds $18,338,455

Potential True Interest Cost (4) 1.66%Potential True Interest Cost Minus 10 Basis Points (4) 1.56%Potential True Interest Cost Plus 10 Basis Points (4) 1.76%

General Obligation Bonds (Alternate Revenue Source), Series 2021 (1)

Assumed Sources and Uses

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Section VI, Item 3.

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Hypothetical GO ARS Bonding Analysis –$18 Million in Proceeds Issued in Two Transactions

_____________________________________________________________________________________________________________________

(1) This illustration represents a mathematical calculation of potential interest cost, assuming hypothetical rates based on current bank qualified rates for general obligation alternate revenue source bonds rated A+ with AA rated insurance as of June 21, 2021. Actual rates may vary. If actual rates are higher than those assumed, the interest cost would be higher. This illustration provides information and is not intended to be a recommendation, proposal or suggestion for a financing or otherwise be considered as advice. Structure assumes twenty year amortization, two bond issuances with dated dates of September 20, 2021 and January 22, 2022. Preliminary, subject to change. (2) Annual revenue stream of $7,851,086 (not assumed to grow) which represents net electric system revenues for the fiscal year ended December 31, 2019 plus depreciation, amortization and interest expense.(3) Assumed costs of issuance of $15 per $1,000 of bonds and a bond insurance premium of 30 basis points. Preliminary, subject to change.(4) True Interest Cost is the rate of interest, compounded semi-annually, required to discount the payments of principal and interest to bondholders to the original purchase price. This summary of hypothetical potential bonding analysis is for information purposes only. It does not contain an express or implied recommendation and is not intended to be advice.

Bond Year Ending May 1

Revenue Available for

Debt Service (2) PrincipalAssumed

RateAssumed

YieldAssumed Interest

Total Debt Service Principal

Assumed Rate

Assumed Yield

Assumed Interest

Total Debt Service

Aggregate Debt Service

Estimated Debt Service

Coverage(5/1) (5/1 & 10/1) (5/1) (5/1 & 10/1)

2022 $7,851,086 $595,000 4.000% 0.370% $197,488 $792,488 $590,000 4.000% 0.370% $75,006 $665,006 $1,457,494 5.39x2023 $7,851,086 $495,000 4.000% 0.440% $297,900 $792,900 $415,000 4.000% 0.440% $249,150 $664,150 $1,457,050 5.39x2024 $7,851,086 $515,000 4.000% 0.560% $278,100 $793,100 $430,000 4.000% 0.560% $232,550 $662,550 $1,455,650 5.39x2025 $7,851,086 $535,000 4.000% 0.720% $257,500 $792,500 $445,000 4.000% 0.720% $215,350 $660,350 $1,452,850 5.40x2026 $7,851,086 $555,000 4.000% 0.900% $236,100 $791,100 $465,000 4.000% 0.900% $197,550 $662,550 $1,453,650 5.40x2027 $7,851,086 $580,000 4.000% 1.000% $213,900 $793,900 $485,000 4.000% 1.000% $178,950 $663,950 $1,457,850 5.39x2028 $7,851,086 $600,000 4.000% 1.120% $190,700 $790,700 $505,000 4.000% 1.120% $159,550 $664,550 $1,455,250 5.40x2029 $7,851,086 $625,000 4.000% 1.250% $166,700 $791,700 $525,000 4.000% 1.250% $139,350 $664,350 $1,456,050 5.39x2030 $7,851,086 $650,000 4.000% 1.380% $141,700 $791,700 $545,000 4.000% 1.380% $118,350 $663,350 $1,455,050 5.40x2031 $7,851,086 $680,000 4.000% 1.460% $115,700 $795,700 $565,000 4.000% 1.460% $96,550 $661,550 $1,457,250 5.39x2032 $7,851,086 $705,000 3.000% 1.530% $88,500 $793,500 $590,000 3.000% 1.530% $73,950 $663,950 $1,457,450 5.39x2033 $7,851,086 $725,000 3.000% 1.580% $67,350 $792,350 $605,000 3.000% 1.580% $56,250 $661,250 $1,453,600 5.40x2034 $7,851,086 $750,000 3.000% 1.610% $45,600 $795,600 $625,000 3.000% 1.610% $38,100 $663,100 $1,458,700 5.38x2035 $7,851,086 $770,000 3.000% 1.640% $23,100 $793,100 $645,000 3.000% 1.640% $19,350 $664,350 $1,457,450 5.39x

$8,780,000 $2,320,338 $11,100,338 $7,435,000 $1,850,006 $9,285,006 $20,385,344

TotalSources of Funds Sources of FundsPar Amount $8,780,000 Par Amount $7,435,000 $16,215,000Reoffering Premium $1,217,859 Reoffering Premium $961,660 $2,179,519Total Sources $9,997,859 Total Sources $8,396,660 $18,394,519

Uses of Funds Uses of FundsDeposit to Project Fund $9,784,597 Deposit to Project Fund $8,215,403 $18,000,000Assumed Costs of Issuance (3) $213,262 Assumed Costs of Issuance (3) $178,995 $392,257Rounding Amount $0 Rounding Amount $2,262 $2,262Total Uses of Funds $9,997,859 Total Uses of Funds $8,396,660 $18,394,519

Potential True Interest Cost (4) 1.51% Potential True Interest Cost (4) 1.53% 1.52%Potential True Interest Cost Minus 10 Basis Points (4) 1.41% Potential True Interest Cost Minus 10 Basis Points (4) 1.43% 1.42%Potential True Interest Cost Plus 10 Basis Points (4) 1.61% Potential True Interest Cost Plus 10 Basis Points (4) 1.63% 1.62%





163

Section VI, Item 3.

| 5

Summary Table and Interest Rate Forecast

6/172021 2022 2023

2Q* 3Q* 4Q* 1Q* 2Q* 3Q* 4Q* 1Q* 2Q*

Fed Funds Upper 0.25% 0.25% 0.25% 0.25% 0.25% 0.30% 0.30% 0.35% 0.40% 0.50%

Fed Funds Lower 0.00% 0.00% 0.01% 0.01% 0.02% 0.03% 0.05% 0.08% 0.17% 0.25%

2-Year Treasury 0.23% 0.19% 0.25% 0.31% 0.38% 0.46% 0.55% 0.65% 0.74% 0.85%

5 -Year Treasury 0.90% 0.86% 0.99% 1.05% 1.12% 1.18% 1.26% 1.36% 1.41% 1.51%

10-Year Treasury 1.52% 1.64% 1.79% 1.88% 1.95% 2.02% 2.08% 2.17% 2.25% 2.35%

30-Year Treasury 2.11% 2.31% 2.45% 2.53% 2.58% 2.65% 2.71% 2.77% 2.85% 2.96%

3-Month Libor 0.12% 0.19% 0.22% 0.25% 0.27% 0.30% 0.35% 0.39% 0.55% 0.60%

INTEREST RATE FORECAST

_____________________Source: Bloomberg, Department of US Treasury Website, Trading Economics Calendar as of 6/17/2021

One Transaction in 2021

Two Transactions (2021 and 2022)

Bank Qualified Advantage

Assumed Deposit to Project Fund $18,000,000 $18,000,000 $0Hypothetical Total Debt Service $20,555,756 $20,385,344 ($170,412)

Hypothetical Average Annual Debt Service $1,468,268 $1,456,096 ($12,172)Potential True Interest Cost 1.66% 1.52% -0.14%

Estimated Debt Service Coverage 5.35x 5.39x 0.04xHypothetical Interest Rate Breakeven Point 0.31% - 0.31%

$18 Million GO ARS Bonds

164

Section VI, Item 3.

tmpBD4B 2294007

MINUTES of a regular public meeting of the Council of the City of

Rochelle, Ogle and Lee Counties, Illinois, held in the Council

Chambers at City Hall in said City, located at 420 North 6th Street,

Rochelle, Illinois, at 6:30 p.m., on the 12th day of July, 2021.

* * *

The meeting was called to order by the Mayor, and upon the roll being called, John

Bearrows, the Mayor, and the following Council Members were physically present at said location:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

The following Council Members were allowed by a majority of the Council Members in

accordance with and to the extent allowed by rules adopted by the Council to attend the meeting

by video or audio conference: ______________________________________________________

______________________________________________________________________________

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

The following Council Members were absent and did not participate in the meeting in any

manner or to any extent whatsoever: ________________________________________________

______________________________________________________________________________

The Mayor announced that in order pay the costs of improving the electric system and

related expenses, it would be necessary for the City to issue revenue bonds or, in lieu thereof,

alternate bonds and that the Council would consider the adoption of an ordinance authorizing the

issuance of such bonds.

The City Clerk presented the following ordinance, copies of which were made available to

all in attendance at said meeting who requested a copy:

165

Section VI, Item 3.

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NOTICE OF INTENT TO ISSUE BONDS

AND RIGHT TO FILE A PETITION

NOTICE IS HEREBY GIVEN that pursuant to Ordinance No. ________, duly adopted by the

Council of the City of Rochelle, Ogle and Lee Counties, Illinois (the “City”), on July 12, 2021,

the City intends to issue its Electric Revenue Bonds or, in lieu thereof, its General Obligation

Bonds (Electric System Alternate Revenue Source) (the “Alternate Bonds”) in an aggregate

principal amount not to exceed $18,000,000, and bearing interest per annum at not to exceed the

maximum rate authorized by law at the time of the sale thereof, for the purpose of improving the

electric system of the City (the “Electric System”). The revenue source that will be pledged to the

payment of the principal of and interest on the Alternate Bonds will be the net revenues of the

Electric System. If such revenue source is insufficient to pay the principal of and interest on the

Alternate Bonds, ad valorem property taxes upon all taxable property in the City without limitation

as to rate or amount are authorized to be extended to pay the principal of and interest on the

Alternate Bonds. A complete copy of the Ordinance follows this notice.

NOTICE IS HEREBY FURTHER GIVEN that if a petition signed by 355 or more electors of the

City (being equal to the greater of (i) 7.5% of the registered voters in the City or (ii) 200 of those

registered voters or 15% of those registered voters, whichever is less) asking that the issuance of

the Alternate Bonds be submitted to referendum is filed with the City Clerk within thirty (30) days

after the date of publication of this notice, an election on the proposition to issue the Bonds shall

be held on the 28th day of June, 2022. The Circuit Court may declare that an emergency

referendum should be held prior to said election date pursuant to the provisions of Section 2A-1.4

of the Election Code of the State of Illinois, as amended. If no such petition is filed within said

thirty (30) day period, then the City shall thereafter be authorized to issue the Alternate Bonds for

the purposes hereinabove provided.

The forms of petition are available to any individual requesting one from the office of the

City Clerk.

By order of the Council of the City.

Dated this 12th day of July, 2021.

/s/ Sue Messer

City Clerk,

City of Rochelle,

Ogle and Lee Counties, Illinois

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Section VI, Item 3.

ORDINANCE NO. _______

AN ORDINANCE authorizing the issuance of Electric Revenue Bonds

of the City of Rochelle, Ogle and Lee Counties, Illinois, in an

aggregate principal amount not to exceed $18,000,000, or in lieu

thereof, General Obligation Bonds (Electric System Alternate

Revenue Source) in an aggregate principal amount not to exceed

$18,000,000 for the purpose of paying the costs of improving the

electric system of the City.

* * *

WHEREAS, the City of Rochelle, Ogle and Lee Counties, Illinois (the “City”), is a duly

organized and existing municipality incorporated and existing under the provisions of the laws of

the State of Illinois, and is now operating under the provisions of the Illinois Municipal Code, as

amended (the “Code”), and for many years has owned and operated a municipally-owned electric

system (the “Electric System”) pursuant to the provisions of Division 117 of Article 11 of the

Code as set forth in Division 119 of Article 11 of the Code; and

WHEREAS, the Council of the City (the “Council”) has heretofore determined and does

hereby determine that it is advisable, necessary and in the best interests of the public health, safety

and welfare to improve the Electric System of the City, and including, in connection with said

improvements, all land or rights in land, mechanical, electrical and other services necessary, useful

or advisable to the improvements, and, incidental to such improvements, to pay bond discount,

bond interest, bond reserve account funding, legal, financing, and administrative expense (all of

which may be referred to as the “Project”), all in accordance with the plans and specifications and

estimates of costs heretofore approved by the Council and now on file in the office of the City

Clerk; and

WHEREAS, the total estimated costs of the Project, as defined, will not exceed $18,000,000,

and there are insufficient funds on hand and lawfully available to pay such costs; and

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Section VI, Item 3.

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WHEREAS, it is necessary and for the best interests of the City that the Project be undertaken

and, in order to finance the cost of the Project it will be necessary for the City to issue up to

$18,000,000 bonds payable from the revenues derived from the operation of the Electric System

as authorized to be issued at this time pursuant to Division 119 of Article 11 of the Code (the

“Revenue Bonds”), or in lieu thereof, up to $18,000,000 alternate bonds (the “Alternate Bonds”)

being bonds payable from the net revenues of the Electric System (the “Pledged Revenues”) as

authorized to be issued at this time pursuant to the Local Government Debt Reform Act of the

State of Illinois, as amended (the “Act”); and

WHEREAS, if the above-mentioned revenue source is insufficient to pay the Alternate

Bonds, ad valorem property taxes upon all taxable property in the City without limitation as to rate

or amount are authorized to be extended to pay the principal of and interest on the Alternate Bonds:

NOW THEREFORE It Is Hereby Ordained by the Council of the City of Rochelle, Ogle and

Lee Counties, Illinois, as follows:

Section 1. Incorporation of Preambles. The Council 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 2. Declaration of Intent. The Council hereby declares its intention to avail of

the provisions of the Code and the Act and to issue Alternate Bonds in the aggregate amount of

not to exceed $18,000,000 for the purpose of paying the costs of the Project.

Section 3. Determination to Issue Bonds. It is necessary and in the best interests of the

City to construct the Project for the public health, safety and welfare, in accordance with the

estimate of costs as hereinabove described, and that for such purpose, there are hereby authorized

to be issued and sold the Revenue Bonds in an aggregate principal amount not to exceed

168

Section VI, Item 3.

-5-

$18,000,000 or in lieu thereof, the Alternate Bonds in an aggregate principal amount not to exceed

$18,000,000.

Section 4. Publication. This Ordinance, together with a notice in the statutory form

(the “Notice”), shall be published once within ten (10) days after passage hereof by the Council

in the Rochelle News-Leader, being a newspaper of general circulation in the City, and if not

petition signed by 355 electors of the City (being equal to the greater of (i) 7.5% of the registered

voters in the City or (ii) 200 of those registered voters or 15% of those registered voters, whichever

is less) asking that the issuance of the Alternate Bonds be submitted to referendum is filed with

the City Clerk within thirty (30) days after the date of the publication of this Ordinance and the

Notice, then the Alternate Bonds shall be authorized to be issued.

Section 5. Additional Ordinances. If no petition with respect to the issue of the

Alternate Bonds and meeting the requirements of applicable law is filed during the petition period

hereinabove referred to, then the Council may adopt additional ordinances or proceedings

supplementing or amending this ordinance providing for the issuance and sale of the Alternate

Bonds, and prescribing all the details of such Alternate Bonds, so long as the maximum aggregate

principal amount of the Alternate Bonds as set forth in this ordinance is not exceeded, and there is

no material change in the Project. Such additional ordinances or proceedings shall in all instances

become effective in accordance with applicable law. This Ordinance, together with such additional

ordinances or proceedings, shall constitute complete authority for the City to issue the Revenue

Bonds, or, in lieu thereof, the Alternate Bonds, under applicable law.

Section 6. Reimbursement. None of the proceeds of the Revenue Bonds or the Alternate

Bonds issued in lieu thereof will be used to pay, directly or indirectly, in whole or in part, for an

expenditure that has been paid by the City prior to the date hereof except architectural or

engineering costs incurred prior to commencement of the Project or expenditures for which an

169

Section VI, Item 3.

-6-

intent to reimburse it as properly declared under Treasury Regulations Section 1.103-18. This

Ordinance is in itself a declaration of official intent under Treasury Regulations Section 1.103-18

as to all costs of the Project paid within 60 days prior to the date hereof or on any date after the

date hereof and prior to issuance of the Revenue Bonds or, in lieu thereof, the Alternate Bonds.

Section 7. 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.

170

Section VI, Item 3.

-7-

Section 8. Superseder and Effective Date. All ordinances, resolutions or orders, or parts

thereof, in conflict with the provisions of this ordinance are to the extent of such conflict hereby

superseded, and this Ordinance shall be in full force and effect forthwith upon its adoption and

approval, as provided by law.

Passed by the Council on July 12, 2021.

Adopted and Approved July 12, 2021.

_______________________________________

Mayor

ATTEST:

______________________________

City Clerk

[SEAL]

AYES:_________________________________________________________________________

______________________________________________________________________________

NAYS: ________________________________________________________________________

ABSENT: ______________________________________________________________________

RECORDED in the City Records on July 12, 2021.

171

Section VI, Item 3.

Council Member ______________________ moved and Council Member

______________________ seconded the motion that said ordinance as presented and read by title

by the City Clerk be adopted.

After a full and complete discussion thereof, the Mayor directed that the roll be called for

a vote upon the motion to adopt the ordinance as read by title.

Upon the roll being called, the following Council Members voted AYE: _____________

_____________________________________________________________________________ .

NAY: _________________________________________________________________________

Whereupon the Mayor declared the motion carried and the ordinance adopted, and

henceforth did approve and sign the same in open meeting and did direct the City Clerk to record

the same in full in the records of the Council of the City of Rochelle, Ogle and Lee Counties,

Illinois, which was done.

Other business not pertinent to the adoption of said ordinance was duly transacted at said

meeting.

Upon motion duly made and seconded, the meeting was adjourned.

_________________________________

City Clerk

172

Section VI, Item 3.

STATE OF ILLINOIS )

) SS

COUNTY OF OGLE )

CERTIFICATION OF ORDINANCE AND MINUTES

I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of

the City of Rochelle, Ogle and Lee Counties, Illinois (the “City”), and as such officer I am the

keeper of the books, records, files, and journal of proceedings of the City and of the Council thereof

(the “Council”).

I do further certify that the foregoing constitutes a full, true and complete transcript of the

minutes of the meeting of the Council held on the 12th day of July, 2021, insofar as same relates

to the adoption of Ordinance No. ______ entitled:

AN ORDINANCE authorizing the issuance of Electric Revenue Bonds of

the City of Rochelle, Ogle and Lee Counties, Illinois, in an aggregate

principal amount not to exceed $18,000,000, or in lieu thereof, General

Obligation Bonds (Electric System Alternate Revenue Source) in an

aggregate principal amount not to exceed $18,000,000 for the purpose of

paying the costs of improving the electric system of the City.

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 Council on the adoption of said ordinance

were conducted openly, that the vote on the adoption of said ordinance was conducted 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

Council at least 72 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 72-hour period preceding

said meeting, that a true, correct and complete copy of said agenda as so posted being attached

hereto as Exhibit A, that said meeting was called and held in strict accordance with the provisions

of the Illinois Municipal Code, as amended, the Open Meetings Act of the State of Illinois, as

amended, and the Local Government Debt Reform Act of the State of Illinois, as amended, and

that the Council has complied with all of the applicable provisions of said Code and said Acts and

its procedural rules in the adoption of said ordinance.

173

Section VI, Item 3.

-2-

IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City, this

12th day of July, 2021.

_________________________________

City Clerk, City of Rochelle, Ogle and

Lee Counties, Illinois

[SEAL]

174

Section VI, Item 3.

PETITION

To the City Clerk of the City of Rochelle, Ogle and Lee Counties, Illinois:

We, the undersigned, being electors of the City of Rochelle, Ogle and Lee Counties, Illinois, do hereby petition you to cause the following question to be certified to the County Clerk of The County of __________, Illinois, and submitted to the electors of said City at the General Primary Election to be held on the 28th day of June, 2022:

“Shall the City of Rochelle, Ogle and Lee Counties, Illinois, pay the costs of improving the electric system within said City, as provided for by Ordinance No. ______, and issue its general obligation alternate bonds to the amount of not to exceed $18,000,000 (said bonds being general obligation bonds for which real property taxes, unlimited as to rate or amount, may be levied, but which are expected to be paid from the net revenues of the electric system of said City) for the purpose of paying the costs thereof?”

NAME ADDRESS

__________________________ __________________, Rochelle, __________ County, Illinois







The undersigned, being first duly sworn, deposes and certifies that he or she is at least

18 years of age, his or her residence address is ________________________________________

(Street Address), ____________________ (City, Village or Town), ________________ County,

_________ (State), that he or she is a citizen of the United States of America, that the signatures

on the foregoing petition were signed in his or her presence and are genuine, that to the best of his

or her knowledge and belief the persons so signing were at the time of signing said petition

registered voters of said City and that their respective residences are correctly stated therein.

_________________________________ Signed and sworn to before me this

____ day of ____________, 2021.

___________________________________

Illinois Notary Public

My commission expires _______________

(NOTARY SEAL)

175

Section VI, Item 3.


4. Ordinance Waiving the Competitive Bidding Requirements and Authorizing the City Manager to Enter

into an Agreement for GIS Locating Services with Cultivate Geospatial Solutions, LLC

176

Section VI, Item 4.


AGENDA ITEM MEMO

REGULAR MEETING

SUBJECT: GIS Contract with Cultivate Geospatial Solution

Staff Contact: Chris Cardott, Finance Director, Jeffrey A. Fiegenschuh, City Manager

Summary: City Council approved purchase of an Enterprise Asset Management (EAM) system in

November 2020. In conjunction with the EAM, an analysis was done on the City’s use of the Geographic

Information System (GIS). GIS is a system of computer hardware, software, data, and personnel to manage,

analyze, and present information about a location. GIS links maps to databases and creates a visualization of data

and allows interactivity between the map and the data in the database. The study found that the City operated in

silos and departments inefficiently used more than one system. More than $60,000 is spent each year on

consultants for the various GIS programs the City currently uses that don’t meet the needs of staff. In addition to

that fixed expense, the City also pays engineers as much as $40,000 each year during construction projects for GIS

work. Staff is proposing a single solution for GIS that integrates with the EAM, eliminates data redundancy,

bridges all departments together, and provides transparency of GIS data across the City. Having one solution

provides efficiency with City staff, better asset tracking, and improved citizen response times. The proposed

contract with Cultivate Geospatial Solution will provide the technical resources the City needs to implement a

City-wide GIS program. They will commit a ½ time full time equivalent dedicated resource person as the GIS

Manager for the City with expertise in the EAM. This person will work directly with a City staff member to

ensure all data is complete for the strategic plan. Every City Department will have the ability to have specific

components on the GIS map. By partnering a City staff member and a GIS Manager with Cultivate Geospatial

Solution, the City will more effectively use the EAM and provide better service to the community. Doug Lynch

from Cultivate Geospatial Solution will be present at the meeting to discuss the proposed contract.

Funding Sources:


Admin Services $100,000 $150,000 annually for up to three years


Recommendation:

177

Section VI, Item 4.

178

Section VI, Item 4.

Current StateSiloed Systems City Works Service Requests GIS by department Financial System/ERP

Significant Enterprise Investments: GIS Software Acquisition EAM Acquisition and Implementation ERP Acquisition & Implementation Smart Meter Software Citizen Communications

Complex Environment Utilities Water Utilities Electric Water/Wastewater Streets Information Systems & Communications Dark Fiber network Co-location Services Fire Police Airport Cemetery Economic Development

179

Section VI, Item 4.

Recommendation: Enterprise Oversight & ManagementEnterprise Management In Progress Smart Meter Software Implementation Citizen Communications EAM Implementation ERP Implementation

Enterprise Management TBD GIS Software Smart Meter Software

180

Section VI, Item 4.

Why Cultivate Geospatial Solutions (CGS)Holistic View Elimination of Data redundancy Maximize ArcGIS Enterprise solutions Bridge ALL Departments together with GIS capabilities Provide transparency of GIS data across the City

Knowledge and Experience (Avg. GIS experience 20 years) Knowledge and Experience Across Multiple Municipal, State and Federal

Organizations Esri Business Partner, over 40 Years working for Esri Certified GIS Professionals (GISP) Core Competencies in GIS, data and software development Specialize in Data Governance and Asset Management Multiple Resources – the right resource(s) provided for the task!

181

Section VI, Item 4.

Service Offering: Cultivate Geospatial Solutions

DataServices

Data Governance

Reporting / Dashboarding

Business Intelligence

Data Warehousing

Integration / Conversion

GIS Services

Strategic Planning

Digitization

Infrastructure Management

Administration

COTS Configuration

AssetManagement

Strategic Planning

Budget / Forecasting

Risk Analysis

Acquisition Management

Operations Management

SoftwareDevelopment

EnterpriseArchitecture

System Integration

Mobile Development

Design

Web Development

182

Section VI, Item 4.

Recommendation: GIS ManagerCGS ½ time FTE for Enterprise GIS Management Dedicated Resource GIS Manager is Direct Point of Contact for City EAM Resource Expertise Provide Strategic Roadmap Implement & Monitor Plan for Improvements

Reporting Annual Strategic Report and Discovery Monthly Accomplishments City Performance Metrics

Communications Annual Strategic Planning Semi-Annual Review Bi-weekly or Monthly Status Meetings as Desired

183

Section VI, Item 4.

Recommendation: Rochelle GIS Staff MemberCity Staff for Enterprise GIS Support City-wide Single GIS-Trained Resource for all Departments Discrete Rochelle Processes Trained by GIS Manager Assist with Developing Strategic Roadmap

Data Collection Coordination Staff for Field Data Collection Creation of Field Data with Esri Field App Tools and GPS

Communications Update GIS Manager with Received GIS Need Tickets from City’s Ticket System Assist with Annual Discovery Meetings Assist with Quarterly Semi-Annual Review Assist with Reporting of City Performance Metrics

184

Section VI, Item 4.

A Day in the Life….

CGS Daily standup (internal)• Yesterday, Today, impediments• Managed in web-based tool – City provided access

Ticket execution• GIS data/mapping updates• Web maps application development• Training• VUEWorks EAM GIS edits

REPORTS• WEEKLY GOALS• MONTHLY ACCOMPLISHMENTS

GIS Services

Asset Management

Project Management

185

Section VI, Item 4.

Project Management MethodologyQuality Control/Quality Assurance of ALL Work Products Effective communication Multiple levels of internal review before submission to Rochelle Issue management and escalation in place Follow PMI guidelines

Risk Management/Mitigation Regular Review of Communication Plan Maintain Risk/Issue log

Performance Metrics Help to define what matters Help to define how to measure

*Our services are designed to minimize the City of Rochelle staff time requirements186

Section VI, Item 4.

Open Discussion

187

Section VI, Item 4.

188

Section VI, Item 4.

189

Section VI, Item 4.

190

Section VI, Item 4.

191

Section VI, Item 4.


ORDINANCE

NO. _____

AN ORDINANCE WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND

AUTHORIZING THE CITY MANAGER TO ENTER INTO AND AGREEMENTS FOR

GIS LOCATING SERVICES WITH CULTIVATE GEOSPATIAL SOLUTIONS, LLC



TOM MCDERMOTT

BIL HAYES

KATE SHAW-DICKEY

DAN McDERMOTT

JOHN GRUBEN

ROSAELIA ARTEAGA

City Council _____________________________________________________________________________________




192

Section VI, Item 4.

CITY OF ROCHELLE


ORDINANCE NO. ____

AN ORDINANCE WAIVING THE COMPETITIVE BIDDING REQUIREMENTS AND

AUTHORIZING THE CITY MANAGER TO ENTER INTO AND AGREEMENTS FOR

GIS LOCATING SERVICES WITH CULTIVATE GEOSPATIAL SOLUTIONS, LLC





granted by law; and









WHEREAS, the City operates various utilities the Rochelle Municipal Utilities (“RMU”),

one of its departments; and

WHEREAS, the City and the various utilities of the RMU currently utilize multiple

separate, stand-alone software programs for inventory, work orders, and asset tracking, none of

which integrate with the current software; and

WHEREAS, there is a significant deficiency in the City’s and RMU’s ability to

communicate, collaborate, and respond to citizen’s request for the Street, Cemetery, Water, Water

Reclamation, Electric, and Technology Departments; and

WHEREAS, the City’s staff has researched options for GIS Management staff

augmentation services, which are necessary following the purchase of the Enterprise Resource

Planning (“ERP”) software systems and the Enterprise Asset Management (“EAM”) software

systems, which will continue to integrate all of the City’s and RMU’s needs into a unified platform;

and

WHEREAS, the City’s staff has concluded that Cultivate Geospatial Solutions, LLC

(“CGS”) specialize in this area and meet the City’s needs and requirements for its GIS-related

daily business and program management; and

193

Section VI, Item 4.

WHEREAS, the CGS consulting services would serve the City’s and its multiple utilities

and allow for the best use of the ERP and EAM software; and

WHEREAS, the City desires to waive competitive bidding requirements and authorize the

City Manager to execute an agreement with CGS for a three-year consulting agreement not to

exceed $150,000.00 annually; and

WHEREAS, the City may waive competitive bidding requirements by a two-thirds vote

of the City Council pursuant to 65 ILCS 5/8-9-1 of the Illinois Municipal Code and Section 2-371

of the Rochelle Municipal Code; and


that it is in the best interest of the City and its residents to waive competitive bidding requirements

and authorize the City Manager to execute an agreement with CGS for a three-year consulting

agreement not to exceed $150,000.00 annually; and

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF

ROCHELLE, ILLINOIS:


Ordinance as if fully set forth herein. SECTION TWO: The Mayor and City Council of the City of Rochelle hereby to waive the

competitive bidding requirements and authorize the City Manager to execute an agreement with

Cultivate Geospatial Solutions, LLC for a three-year consulting agreement not to exceed

$150,000.00 annually, subject to the review and revision as to the form and substance by the City

Attorney.



provisions or applications of this ordinance that can be given effect without the invalid application



restrictive than comparable provisions imposed elsewhere in any other local law, ordinance,






AYES:

NAYS:

194

Section VI, Item 4.

ABSENT:


____________________________________

MAYOR

ATTEST:

_____________________________________

CITY CLERK

195

Section VI, Item 4.

STATE OF ILLINOIS )

) SS.

COUNTY OF OGLE )

CERTIFICATE



_____, “AN ORDINANCE WAIVING THE COMPETITIVE BIDDING REQUIREMENTS

AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AND AGREEMENTS FOR

GIS LOCATING SERVICES WITH CULTIVATE GEOSPATIAL SOLUTIONS, LLC”, which

was adopted by the Mayor and City Council of the City of Rochelle on June 28, 2021.



____________________________________

CITY CLERK

196

Section VI, Item 4.


5. Creation of GIS Position

197

Section VI, Item 5.


AGENDA ITEM MEMO

REGULAR MEETING

SUBJECT: Creation of GIS Position


Summary: In conjunction with the recommendation of approving the contract with Cultivate

Geospatial Solutions, staff recommends adding a full time GIS Position. Currently there are three employees who

collect GIS data when time allows. The City will need a dedicated employee to work directly with Cultivate to

identify and maximize the GIS information for the City. Staff has met and believes that a full-time employee is

needed due to the amount of work that will need to be done. There are several gaps in the data that need to be

filled in plus several departments such as IT, Police, Fire, Economic Development, and Community Development

that will need to start from scratch. Job responsibilities would include collect and analyze GIS data need tickets

submitted daily, utilize information from various sources (MS Access databases, MS Excel spreadsheets and

documents such as deeds, field notes, etc.) to create GIS maps to support field personnel, perform digital feature

extraction from multiple data sources via digitalization, and support GIS system needs and requirements to

implement improved work methods. This position would receive training directly from CGS with the goal to

manage GIS within the City after the three-year contract with CGS expires. Over the past few years, several

positions across the City have not been filled due to early separations. The GIS position would be a new position

that is critical to our future growth and infrastructure management. The position will report to the City Manager

in the short-term and will be budgeted for through Administrative Services and funded by all departments

including the rail and utilities. .

Funding Sources:


Administrative Services NA $80K plus benefits


Recommendation: Approve the creation of a new GIS position to assist with the implementation and

management of the City’s GIS systems.

198

Section VI, Item 5.


6. Resolution Approving a Redevelopment Agreement for the Real Estate Located at 1600 Ritchie Road,

Rochelle, IL with 1600 Ritchie Court, LLC and a Resolution Establishing Utility Service Price Schedule

for Rate Class 168

199

Section VI, Item 6.


AGENDA ITEM MEMO

REGULAR MEETING

SUBJECT: Development Agreement For 1600 Ritchie Road, Rochelle, Illinois

Staff Contact:

Jeff Fiegenschuh

Summary: 1600 Ritchie Court, LLC (“Jackpot”) is an Illinois limited liability company and the owner

of 1600 Ritchie Court, the former Nippon Sharyo east building. Jackpot is redeveloping this building to

serve as a manufacturing building for its metal and steel products. In order to modify the building to

serve its manufacturing needs, Jackpot will need to make several infrastructure upgrades to the building,

including a larger electric feeder cable and related equipment. The proposed improvements and

installation of new manufacturing equipment in the Building by Jackpot will require the RMU to

enhance and upsize its distribution facilities and substation to be constructed near the East building in

order to accommodate the additional electrical load that will be needed for the operations of Jackpot in

the Building.

As a result, the RMU is installing two 34.5kV transformers at the new Ritchie Road distribution

substation. These transformers will serve Jackpot and other electric customers located in the southern

portion of Rochelle. The total cost of the substation improvements and reimbursement to Jackpot will be

approximately $5,100,000 and will be recovered over the term of the redevelopment agreement. Next,

not only will Jackpot be a significant user of electricity, City Staff believes that Jackpot will create

between 100-125 jobs paying approximately $52,000, plus benefits.

Pursuant to the redevelopment agreement, Jackpot will have to purchase its electricity exclusively from

the RMU for a period of up to eight years. After year one, Jackpot will have to purchase a minimum of

14MW of electricity for the final seven years. Further, if Jackpot uses 15MW on average for the first

seven years, then the contractual obligations will be satisfied and Jackpot can use other sources of

electricity, such as wind and solar generation. The City will reimburse Jackpot up to $2,000,000 for its

electric infrastructure costs. The reimbursement to Jackpot will be paid in two installments as follows:

(i) the first installment shall be equal to 75% of the $2,000,000 shall be payable within one hundred

eighty (180) days after the first month in which Jackpot purchases the Minimum Monthly Amount and

pays the electricity invoice and (ii) the second installment for the remaining 25% of the City’s

reimbursement and shall be payable on the first anniversary of the first payment.

Funding Sources:


Electric Fund $15,000,000 Up to $5,100,000

200

Section VI, Item 6.

Strategic Plan Goal Application: Expanding our industrial development capabilities and increase revenues the

RMU derives from the electric distribution utility.

Recommendation: Staff recommends approving the Redevelopment Agreement for 1600 Ritchie Court,

Rochelle, Illinois.

201

Section VI, Item 6.

DEVELOPMENT AGREEMENT FOR 1600 RITCHIE ROAD, ROCHELLE, ILLINOIS

This Development Agreement (the “Agreement”) is made and entered into as of this _____

day of _____________, 2021, by and between 1600 RITCHIE COURT, LLC, a Delaware

limited liability company (“Jackpot”), and the CITY OF ROCHELLE, Ogle County, Illinois, an

Illinois municipal corporation (the “City”), and is based on the following recitals:

RECITALS

A. The City is duly organized and existing under the laws of the State of Illinois as a

non-home rule municipality.

B. Jackpot is a Delaware limited liability company in good standing with the Delaware

Secretary of State.

C. Jackpot is the record owner of the commercial real estate commonly known as 1600

Ritchie Court, Rochelle, Illinois 61068, Ogle County, Illinois (the “Subject

Property”), which is currently improved with manufacturing equipment in the East

Building on the Subject Property (the “Building”).

D. Jackpot intends to redevelop and improve the Subject Property by installing

industrial manufacturing equipment in the Building, depicted in Exhibit 1 attached

hereto (the “Development”).

E. The City operates the Rochelle Municipal Utilities (“RMU”), which provides utility

services to its residential, commercial and industrial customer, including electricity

to power Jackpot’s future operations at the Building.

F. The proposed improvements and installation of new manufacturing equipment in

the Building by Jackpot will require the RMU to enhance and upsize its distribution

facilities and substation to be constructed near the Building in order to

accommodate the additional electrical load that will be needed for the operations of

Jackpot in the Building.

G. The Development of the Building will require or involve:

1. The installation of industrial metal manufacturing equipment, which will

include four mills for steel products fabrication and processing, each of

which require approximately 4 megawatts of electricity, not including the

ancillary equipment used in the manufacturing process. Jackpot understands

and acknowledges that the electrical distribution infrastructure addressed in

this Agreement would not have had the capacity to provide electricity to the

Building, but for the request of Jackpot and the commitments set forth in

this Agreement.

202

Section VI, Item 6.

2

2. An upgrading of the new electrical distribution substation service involving

two transformers, which provide voltage at 34.5 kV and provide electrical

service to the Building (the “Project”). The City agrees to expand and

upsize the planned substation for the electrical service to the Building and

pay up to $2,000,000 (the “City Contribution”) for the service expansion to

the Subject Property from the new distribution substation to the primary

metering to the Building on the Subject Property. The City Contribution

will be first applied to the duct package, new distribution cable wire,

primary metering, third-party utility easement acquisition, and labor costs

related to Development at the Subject Property. The remaining City

Contribution may be used to pay for any transformers and related facilities

purchased by Jackpot in order to receive the new 34.5kV service into the

Building. The City’s Contribution to Jackpot will be paid in two

installments as follows: (i) the first installment shall be equal to 75% of the

City Contribution and shall be payable within one hundred eighty (180)

days after the first month in which Jackpot purchases the Minimum

Monthly Amount (as defined below) as satisfied by Jackpot’s settlement of

the electricity invoice for such first month or the Minimum Payment (as

defined below) (the “First Installment Due Date”), and (ii) the second

installment shall equal the remaining 25% of the City Contribution and shall

be payable no later than the first anniversary of the First Installment Due

Date. Jackpot will be responsible for any and all costs, including, but not

limited to, the costs of any improvements, infrastructure, transformers, unit

substation land preparation, and unit substation fencing required for the new

34.5 kV service into the Building on the Subject Property.

3. Jackpot will pay all additional expenses beyond the City Contribution for

the electrical infrastructure from the primary meter into the Building,

including the transformers on Jackpot’s property to reduce the voltage from

34.5 kV to 13.8 kV. Jackpot will be responsible for all additional electrical

improvement costs as set forth in Exhibit 2 to this Agreement. Jackpot will

be responsible for the maintenance and replacement of all electrical

infrastructure after the primary meter, including the improvements set forth

in Exhibit 2.

H. The total cost of the Project to the City, including the new, dedicated upsized

distribution substation, power lines, and easement rights to the primary meter, based

on engineer estimates, will be approximately $5,100,000.00 (“Project Cost”), as

more particularly set forth on Exhibit 3.

I. Jackpot and the City wish to cooperate to foster the Development of the Building

by granting the licenses and permits specified pursuant to this Agreement or

reasonably required by the City and Jackpot.

203

Section VI, Item 6.

3

J. The City is entering into this Agreement pursuant to its non-home rule powers and

its determination that the licenses and permits contemplated by this Agreement will

enhance the city’s businesses and redevelopment of its business community.

K. The City has determined that it is essential to the economic and social welfare of

the City that the licenses and permits contemplated by this Agreement are necessary

to foster economic development.

L. The City finds that the powers to be exercised hereunder are in furtherance of a

public use and essential to the public interest.

M. The Mayor and City Council of the City have determined that entering into this

Agreement is the best interests of the City.

N. Jackpot has full right, power and authority to enter into this Agreement and

acknowledges and consents to its terms and conditions.

NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and the promises,

covenants and agreements contained herein, and for other good and valuable consideration, the

receipt and sufficiency of which are hereby acknowledged, the City and Jackpot agree as follows:

SECTION ONE.

RECITALS

The foregoing Recitals are hereby incorporated herein as if fully set forth below as

representations and covenants by Jackpot and the City.

SECTION TWO.

UTILITY SERVICE

Electrical Service. The City, which owns and operates its electrical service utility, agrees

that it will, at its expense, increase the electrical service and distribution to meet the electrical

service demands of Jackpot at the Building in accordance with the Project schedule attached hereto

and incorporated herein as Exhibit 6 (the “Project Schedule”). The City acknowledges that

Jackpot’s electrical service demands for the Subject Property as estimated on Exhibit 7 (the

“Minimum Electrical Requirements”), and the City agrees to provide the Minimum Electrical

Requirements in accordance with Exhibit 7. As set forth in Recital G(2), the City will commit to

funding up to $2,000,000.00 of the total anticipated cost of the improvements on the Subject

Property and Jackpot will be responsible for funding any remaining anticipated cost of the

improvements from the distribution substation, which includes the cost of the transformers or

primary metering. The City will provide transformers at its distribution substation to supply the

sufficient electrical service to the Subject Property to meet the Minimum Electrical Requirements

and support Jackpot’s operation.

Jackpot acknowledges that the City is expending great sums to enhance the distribution

service to its Building and the expansion and upsizing of the distribution substation to

204

Section VI, Item 6.

4

accommodate Jackpot’s operations. As such, Jackpot agrees to purchase from the City no less

than the monthly electrical service set forth on Exhibit 4 (the “Minimum Monthly Amount”) until

the sooner of (i) eight (8) years following the completion of the Project or (ii) until the City has

recovered the Project Cost, whichever occurs first (the “Minimum Service Period”), provided that

Jackpot shall have no obligation to purchase the Minimum Monthly Amount for any period in

which the City has failed to complete its obligations with respect to the Project and to provide the

Minimum Electrical Requirements sufficient to meet Jackpot’s projected electrical needs.

If Jackpot fails to purchase the Minimum Monthly Amount in any monthly period (a

“Deficiency”), Jackpot shall pay the City within sixty (60) days after the end of the calendar year

in which such monthly period occurs an amount equal to the standard applicable cost of the

electrical service multiplied by the Deficiency (the “Minimum Payment”). For clarity, the

Deficiency is the shortfall of the electrical service actually purchased during a monthly period and

the Minimum Monthly Amount. Payments made by Jackpot to the City to purchase electrical

services during the Minimum Service Period and Minimum Payments shall count as Jackpot’s

reimbursements to the City for the Project Cost. Notwithstanding the foregoing, if Jackpot

purchases more electrical service than the Minimum Monthly Amount for any particular month,

such excess may be carried forward and applied to a future monthly period and such excess may

offset and be credited against any Deficiency for such month, provided that any excess during Off-

Peak Months may only be credited against future Off-Peak Months and any excess during Peak

Months may only be credited against future Peak Months. For purposes of this Agreement, “Peak

Months” means June, July, August and September, and “Off-Peak Months” means January,

February, March, April, May, October, November and December.

Should Jackpot wish to terminate the obligation to purchase the Minimum Monthly

Amount before expiration of the Minimum Service Period, Jackpot may make a lump sum payment

equal to the outstanding amount of yet reimbursed Project Cost as of the end of the calendar year

immediately preceding the termination date (“Amount Owed”). The Amount Owed shall equal to

the Project Cost less cumulative reimbursements Jackpot paid to City equal to the amount

determined by a straight-line amortization of the Project Cost over a period of eight (8) years (as

an example, the Amount Owed as of the end of Year 2 shall be $3,825,0000, namely, $5,100,000

less $1,275,000 or $637,500 multiplied by two years). However, the use of third-party electrical

providers any other generation source, including, but not limited to solar generation, wind

generation, any form of reusable generation, or any other form of generation that would reduce,

augment, supplement, or replace the electrical load shall be subject to the City’s codes and City

Council’s approval of any other such generation source.

For the purposes of electrical rates, Jackpot shall be categorized and billed as a Class Rate

168 customer. No alternative rate class or discounted rates shall be afforded to Jackpot, unless

specifically set forth herein. During the twelve (12) months preceding the expiration of the

Minimum Service Period, the parties shall cooperate in good faith to secure the power purchase

and the electric billing rates for utility services potentially provided by the City to Jackpot post-

termination of this Agreement.

205

Section VI, Item 6.

5

SECTION THREE.

COVENANT NOT TO USE OTHER SOURCES OF ELECTRICITY

Jackpot understands that the City is expending large sums of money to enhance electrical

services to Jackpot for the Building and as such, Jackpot covenants not to use any other source of

electricity as identified in Section Two (A) of this Agreement for a period of time no less than

eight (8) years as set forth in Exhibit 4 or until the City has recovered the Project Cost, whichever

occurs first, unless required to do so by Federal or State law. Further, should Jackpot have an

average monthly use of 15 MW for the first seven (7) years of this Agreement, during both peak

and non-peak service time periods, then Jackpot shall be able to use other sources of electricity for

its operations.

SECTION FOUR.

REPAYMENT OF EXPANSION

Jackpot understands that the City is expending large sums of money to enhance electrical

services to Jackpot for the manufacturing equipment to be used in the Building and that it may

take approximately eight (8) years for City to recover said expenditures, depending on the actual

electrical use versus the projected electrical use. Therefore, Jackpot agrees to purchase the

Minimum Monthly Amount or pay the Minimum Payment for the Minimum Service Period, unless

Jackpot opts to pay the City the Amount Owed as defined in Section Two herein. The City, at its

sole cost and expense which is not included in Project Costs, may purchase a surety in the full

amount of the Project Costs securing Jackpot’s obligation to purchase the Minimum Monthly

Amount or pay the Minimum Payment during the Minimum Service Period. If Jackpot (or an

assignee or successor to Jackpot) ceases use of the Building for manufacturing at any time prior to

the expiration of the Minimum Service Period, the outstanding, unpaid portion of the City’s Project

Cost shall become due and owing, and the City may seek recourse under such surety.

SECTION FIVE.

APPROVALS, PERMITS AND CONSENTS

The City agrees to provide approvals, permits and consents to Jackpot as reasonably

required for Jackpot’s construction and improvements to the Building, upon appropriate petitions

and requests by Jackpot.

SECTION SIX.

ADDITIONAL USERS

In the event that additional users receive electrical service from the additional, upsized

substation, transformers and facilities included in the Project, then the Minimum Monthly Amount

shall be proportionately reduced, pro rata by the use of such additional user(s). In addition,

payments made by such additional users to the City to purchase electrical services during shall be

credited to Jackpot’s reimbursements to the City for the Project Cost.

206

Section VI, Item 6.

6

SECTION SEVEN.

INSURANCE

Jackpot agrees to maintain public liability and property damage insurance with an

insurance company qualified and licensed to do business in Illinois with limits of not less than two

million dollars ($2,000,000.00) for bodily injury or death to any one person, four million dollars

($4,000,000.00) for bodily injury or death to more than one person, and five hundred thousand

dollars ($500,000.00) for damage to the Subject Property, during the construction of Phases 3 and

4.. The City will be named as an additional insured on Jackpot’s policies and shall be provided

thirty (30) days’ advance notice prior to the cancellation of any such policy. Certificates of such

insurance shall be filed with the City clerk within 30 days of the approval of this Agreement by

the City Council.

SECTION EIGHT.

COMPLIANCE WITH LAW

Jackpot will at its own expense comply with all federal and state laws, ordinances of the

State of Illinois, and federal or state rules and regulations now or later in force which may be

applicable to its operations in the City. Jackpot will obtain and pay for all permits, licenses,

variations, and other authorizations which may be required for the improvements and its activities

contemplated by this Agreement.

SECTION NINE.

WAIVER

No waiver by either the City or Jackpot of any default on the part of the other party in the

performance of any of the terms, covenants, or conditions of this Agreement to be performed, kept,

or observed by the defaulting party shall be or be construed to be a waiver by the non-defaulting

party of any other or subsequent default in the performance of any terms, covenants, or conditions

of this Agreement to be performed, kept or observed by the defaulting party.

SECTION TEN.

AMENDMENT

This Agreement may be modified or amended in whole or in part only by a written

instrument executed by the City and Jackpot.

SECTION ELEVEN.

ATTORNEYS’ FEES AND COSTS

In the event of any litigation arising out of or with respect to this Agreement, the prevailing

party will have the right to be paid all costs and expenses including, but not limited to, reasonable

attorneys’ fees, expert witness fees and all other costs, including all such costs with respect to any

appellate proceedings.

SECTION TWELVE.

207

Section VI, Item 6.

7

INDEMNIFICATION

To the fullest extent permitted by law and except to the extent caused by the negligence or

intentional or willful misconduct of the City, Jackpot shall defend, indemnify and hold the City

harmless from and against any and all claims, causes of action, liability, loss, damage, costs and

expenses (including reasonable attorneys’ fees) for injury to person or death or property damage

arising out of or resulting from Jackpot’s use of the Subject Property .

To the fullest extent permitted by law and except to the extent caused by the negligence or

intentional or willful misconduct of Jackpot, the City shall defend, indemnify and hold Jackpot


expenses (including reasonable attorneys’ fees) arising out of or resulting from the City’s failure

to complete its obligations with respect to the Project in accordance with the Project Schedule and

to provide the electrical service sufficient to meet Jackpot’s projected electrical needs in

accordance with the Minimum Electrical Requirements. However, the City shall not be liable for

any claims for lost profits related to the inability of Jackpot to commence manufacturing operations

at the Subject Property or for the failure of Commonwealth Edison to provide sufficient

transmission power to the distribution substation that will service the Subject Property; however,

City shall use commercially reasonable efforts to provide electricity should Commonwealth

Edison fail to provide electrical transmission to the distribution substation. Further, in no event

shall the Parties be responsible or liable for any failure or delay in the performance of their

respective obligations hereunder arising out of or caused by, directly or indirectly, forces beyond

their reasonable control, including, without limitation, accidents, acts of war or terrorism, civil or

military disturbances, nuclear or natural catastrophes or acts of God.

SECTION THIRTEEN.

NOTICE

All notices and other communications shall be in writing and shall be deemed properly

served if delivered in person to the party to whom it is addressed two (2) days after deposit in the

U. S. mail if sent postage prepaid by United States registered or certified mail, return receipt

requested, addressed as follows:

All notices to the City of Rochelle shall be sent to:

City Manager

City of Rochelle


Rochelle, Illinois 61068

Peterson, Johnson & Murray-Chicago LLC

Attn: Dominick Lanzito

200 West Adams – Ste. 2125

Chicago, Illinois 60606

All notices to Jackpot shall be sent to:

208

Section VI, Item 6.

8

BakerHostetler LLP

127 Public Square, Suite 2000

Cleveland, Ohio 44114

Attn: John Allotta and Christopher Luken

or to such other address as a Party may designate for itself by notice given from time to time to the

other Party in the manner provided herein.

SECTION FOURTEEN.

SURETY BOND

As set forth in Section Four herein, the City, at its sole cost and expense, which amount

shall not be included in Project Costs, obtain a surety bond equal to 100% of the Project Costs

securing Jackpot’s obligation to purchase the Minimum Monthly Amount or pay the Minimum

Payment during the Minimum Service Period.

SECTION FIFTEEN.

BINDING EFFECT

This Agreement shall be binding upon and inure to the benefit of the City and Jackpot and

their respective successors and assigns.

SECTION SIXTEEN.

ENTIRE AGREEMENT

This Agreement and the exhibits to this Agreement contain all the representations and the

entire agreement between the parties with respect to the subject matter of this agreement. Any

prior correspondence, memoranda or agreements are superseded in total by this Agreement and

the exhibits to this Agreement. No party has relied on any representations, written or verbal, of

any other party other than those express written representations made within this Agreement.

SECTION SEVENTEEN.

OWNERSHIP OF EXISTING 13.8 kV TRANSFORMERS

There are two existing 13.8 kV transformers, as described in Exhibit 5 hereto, which only

serviced 1600 Ritchie Road, Rochelle, Illinois. The City does not utilize these transformers for its

distribution to any other electrical utility customer and deems these transformers surplus property.

As part of this Agreement, the Parties shall execute a Bill of Sale, in a form approved by the Parties

to effectuate the transfer of ownership of these transformers to Jackpot. The two transformers are

being transferred to Jackpot “AS-IS” and without any representations or warranties. Jackpot shall

be responsible for the maintenance and/or replacement of said transformers after the transfer of

ownership.

SECTION EIGHTEEN

ASSIGNMENT

209

Section VI, Item 6.

9

Jackpot may assign its rights and obligations under this Agreement to an Affiliated Entity,

with the prior written consent of City, which consent shall not be unreasonably withheld provided

Affiliated Entity demonstrates to the reasonable satisfaction of City, sufficient creditworthiness

and experience to undertake the Project. An “Affiliated Entity” is any successor, parent, subsidiary

or related limited liability company series of Jackpot or any partnership, corporation or limited

liability company controlled by, that controls, or under common control with Jackpot. Jackpot

may assign its rights and obligations to any person or entity that is not an Affiliated Entity solely

with the prior written consent of City, which consent shall not be unreasonably withheld provided

such person or entity demonstrates, to the reasonable satisfaction of City, sufficient

creditworthiness and experience to undertake the Project. In no event shall an assignment of this

Agreement relieve the assignor of any liabilities or obligations which accrued prior to the date of

assignment but remain unsatisfied or unperformed.

SECTION NINETEEN

EXHIBITS

All exhibits attached hereto are incorporated by reference and made a part of this

Agreement.

The parties have executed this agreement as of the day and year first above written.

THE CITY OF ROCHELLE, an Illinois

municipality

By:_________________________________

Its: _________________________________

1600 RITCHIE COURT, LLC, a Delaware limited

liability company

By: _________________________________

[title]

210

Section VI, Item 6.

10

Exhibit 1 – Depiction of Proposed Substation and Related improvements

[To be inserted]

211

Section VI, Item 6.

11

Exhibit 2 – Additional Costs

Item Approx. Cost

- Transformers (2)

for voltage step-down $852,658 (including labor and freight)

- Primary Metering $60,000

- Unit Substation foundation $30,900

- Infrastructure installation $1,602,200

- Fencing around the unit substation

as required by the covenants Included as part of infrastructure

- Ground Grid Included as part of infrastructure

212

Section VI, Item 6.

12

Exhibit 3 – City’s Estimated Costs for the Project

Installation of second 34.5 kV substation transformer

50/67//93 MVA 138kV to 34.5kV Power transformer with OLTC, purchase price =

$1,111,528; associated installation = $450,000. Total price = $1,561,528. This is for the

transformer and the direct connections.

Purchase of second 50/67//93 MVA 138kV to 34.5kV Power transformer with OLTC,

purchase price = $1,111,528; associated installation = $450,000. Total price =

$1,561,528.

Redevelopment Agreement contribution $2,000,000.00 (less the City’s costs set forth in

recital G(2), including, but not limited to, the distribution feeder from City’s Electrical

Distribution Substation to Jackpot’s Unit Substation estimated to cost $896,000.)

213

Section VI, Item 6.

13

Exhibit 4 – Minimum Monthly Amount

Period (beginning upon

installation and completion of

the electrical infrastructure

and transformers)

Minimum Monthly Electrical

Usage (East Building Only)

Months 1 – 12 (8.4 MW/monthly average)

Months 13 – 24 (14 MW/monthly average)







214

Section VI, Item 6.

14

Exhibit 5 – Existing 13.8 kV Transformers To Be Transferred To Jackpot

1. 13.8 kV Transformer, (#5843, 3000 kva 13.8v 277/480v, serial # 11JC556050001, Imp.

5.72)

2. 13.8 kV Transformer (#5844, 3000 kva 13.8v 277/480v, serial # 11JC556050002, Imp.

5.72)

215

Section VI, Item 6.

15

Exhibit 6- Proposed Project Schedule

216

Section VI, Item 6.

16

217

Section VI, Item 6.

17 218

Section VI, Item 6.

18

Exhibit 7 - Minimum Electrical Requirements

East Building:1

Period Minimum Electrical Requirement

June 2021 through October 2021 5 MW/day

November 2021 through December 2021 8 MW/day

January 2022 through February 2022 11 MW/day

March 2022 through April 2022 15 MW/day

May 2022 and later 20 MW/day

1 The Parties understand and acknowledge that the Minimum Electrical Requirements shall only apply to the East

Building. The City shall have no obligations under this Agreement to provide any Minimum Electrical

Requirements for the West Building owned by Jackpot, nor shall any failure of the City to provide the Minimum

Electrical Requirements for the West Building constitute a breach of this Agreement.

219

Section VI, Item 6.

ELECTRICITY

Rochelle Municipal Utilities Effective Date

City of Rochelle Electric

Electric Rates

Rate #168 — General Service Primary Time of Use above 12,000 kW

Availability

Subject to restrictions this rate is available to any full -service customer taking service at primary voltage

level whose maximum monthly kilowatt demands exceeds 12,000 kilowatts and served at 34.5 kVa voltage.

Charges

A. Monthly Facilities Charge $332.00 Month

B. Monthly Demand Charge

Greater of actual kW, 12,000 kW or as established by contract

All kilowatts $8.02 per kW

C. Energy Charge

Summer

Critical Peak $0.39130 per kWh

On Peak $0.04818 per kWh

Off-Peak $0.04247 per kWh

Non-Summer

On Peak $0.05165 per kWh

Off-Peak $0.04332 per kWh

D. The monthly kW demand charge shall be the customer's highest 15-minute demand incurred each month

but no less than 12,000 or minimum established in the contract.

E. The adjustment charge provided for in Rider 1, Power Cost Adjustment Clause, shall apply to all

kilowatt hours supplied in the month.

F. If customers average demand falls below 12,000 kW over 12 months the customers will not be

eligible for this rate. The customer can reapply for the rate after a 12-month waiting period.

G. Customers may request a temporary 12-month variation on minimum demand billings during

start up of operations.

H. The adjustment charge provided for in Rider 2, Power Factor Clause, shall apply in the event an

average power factor of at least 95% is not maintained.

I. Schedule of Seasons:

Summer Months: June, July, August, September

Non Summer Months: January, February, March, April, May, October, November, December

J. Schedule of Hours:

The following schedule shall apply Mondays – Fridays (Excluding designated holidays)

Summer Months:

Critical Peak: 1 P.M. – 7 P.M

On Peak Hours: 7 A.M. – 1 P.M and 7 P.M. – 8 P.M.

220

Section VI, Item 6.

Non-Summer Months:

On Peak Hours: 7 A.M. – 8 P.M

Weekends and holidays are off-peak. Designated holidays are New Years Day, Memorial Day,

Independence Day, Labor Day, Thanksgiving and Christmas.

K. The late payment charge payable in any month shall be an amount equal to 3% times the

sum of (1) the current monthly bill, or part thereof, that remains unpaid after the due date, and (2)

any unpaid amounts from prior billing periods.

221

Section VI, Item 6.


RESOLUTION

NO. _____

A RESOLUTION APPROVING A REDEVELOPMENT AGREEEMENT FOR THE

REAL ESTATE LOCATED AT 1600 RITCHIE ROAD, ROCHELLE, ILLINOIS WITH

1600 RITCHIE COURT, LLC

JOHN BEARROWS, Mayor SUE MESSER, City Clerk

TOM McDERMOTT

BIL HAYES

KATE SHAW-DICKEY

DAN McDERMOTT

JOHN GRUBEN

ROSAELIA ARTEAGA

City Council




222

Section VI, Item 6.

CITY OF ROCHELLE


RESOLUTION NO.


REAL ESTATE LOCATED AT 1600 RITCHIE ROAD, ROCHELLE, ILLINOIS WITH

1600 RITCHIE COURT, LLC



them by law and as such the City of Rochelle, Ogle County, Illinois being a non-home rule unit











WHEREAS, City is empowered pursuant to 65 ILCS 5/8-1-2.5 to appropriate and expend

funds for economic development purposes, including, without limitation, the making of grants to

commercial enterprises that are deemed necessary or desirable for the promotion of economic

development within the corporate limits of City; and

WHEREAS, 1600 Ritchie Court, LLC, a Delaware limited liability company

(“Developer”), is the owner of the real estate located at 1600 Ritchie Court, Rochelle, Ogle County,

Illinois (“Subject Property”); and

WHEREAS, Developer is redeveloping the existing industrial facility for use as a metal

products manufacturing facility (the “Project”); and

WHEREAS, the Project has significant electrical needs for its operations and will require

electricity distributed as 34.5kV to meet its electrical needs; and

WHEREAS, the City, through the Rochelle Municipal Utilities (“RMU”), one of its

departments, is in the process of constructing a new distribution substation near the Project and is

upsizing its transformers to meet the electrical needs of the Developer; and

WHEREAS, the City will reimburse approximately $2,000,000 dollars of infrastructure

improvements for the Project; and

223

Section VI, Item 6.

WHEREAS, the Project is expected to bring in excess of one hundred jobs to this location

and act as a catalyst for further development at the southern boundary of Rochelle; and

WHEREAS, in order to induce Developer to undertake the Project, City has agreed to

partially reimburse Developer’s infrastructure improvement costs as an economic development grant

as more fully set forth in the Redevelopment Agreement, attached hereto as Exhibit 1; and

WHEREAS, in order to facilitate the redevelopment of the Subject Property, it is necessary

to enter into a Redevelopment Agreement with Developer, under which Developer will receive an

economic redevelopment grant to fund a portion of the electrical infrastructure improvements

necessary to for the metal products manufacturing operation at the Subject Property; and


to enter into this Agreement for the improvements to 1600 Ritchie Court, Rochelle, Illinois.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ROCHELLE,

ILLINOIS as follows:

SECTION ONE: That City hereby incorporates all of the recitals above into this

Resolution as if fully set forth herein.

SECTION TWO: The City hereby authorizes the City Manager to execute the

Redevelopment Agreement for the property located at 1600 Ritchie Court, Rochelle, Illinois

attached hereto as Exhibit 1 and all ancillary agreements, in a form to be reviewed and revised by

the City Attorney.

SECTION THREE: All prior Ordinances, Resolutions and Personnel Policies in conflict

or inconsistent herewith are hereby expressly repealed but only to the extent of such conflict or

inconsistency.

SECTION FOUR: This Resolution shall be in full force and effect from and after its

passage, approval and publication in pamphlet form as provided by law.


AYES:

NAYS:

ABSENT:


224

Section VI, Item 6.

______________________________________________________

MAYOR

ATTEST:

________________________________________

CITY CLERK

225

Section VI, Item 6.

STATE OF ILLINOIS )

) SS.

COUNTY OF OGLE )

CERTIFICATE


Illinois, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.

_____, “A RESOLUTION APPROVING A REDEVELOPMENT AGREEEMENT FOR THE

REAL ESTATE LOCATED AT 1600 RITCHIE ROAD, ROCHELLE, ILLINOIS WITH 1600

RITCHIE COURT, LLC” which was adopted by the Mayor and City Council of the City of

Rochelle on July 12, 2021.



____________________________________

CITY CLERK

226

Section VI, Item 6.


RESOLUTION

NO. _____

RESOLUTION ESTABLISHING UTILITY SERVICES PRICE

SCHEDULE FOR RATE CLASS 168



TOM McDERMOTT

BIL HAYES

DAN MCDERMOTT

KATE SHAW-DICKEY

JOHN GRUBEN

ROSAELIA ARTEAGA

City Council _____________________________________________________________________________________




227

Section VI, Item 6.

RESOLUTION ESTABLISHING UTILITY SERVICES PRICE

SCHEDULE FOR RATE CLASS 168

July 12, 2021

RESOLUTION NO. _______





granted by law; and




WHEREAS, the City provides utility services including electric, water, sewer, wastewater

treatment, and advanced communications to the greater Rochelle community through the Utility

Department, which is commonly referred to as Rochelle Municipal Utilities (RMU); and

WHEREAS, Section 98-4 of the Rochelle Municipal Code provides that charges and rates

for utility services provided by the utility department, including electric, shall be established and

modified from time to time by City Council resolution; and

WHEREAS, RMU has had Utility Financial Services (UFS) analyze and design an electric

rate class for primary metered, large industrial customers; and

WHEREAS, UFS has designed City of Rochelle Electric Rate Schedule for General

Service Primary Time of Use above 12,000 kW Rate 168 to address the needs of large industrial

customers who will have their electric service measured by a primary meter; and

WHEREAS, the City Council finds that a creation of this electric rate for large industrial

users will ensure that the Electric Division can meet its obligations, as well as provide an efficient

rate structure for economic use of energy, and that it is appropriate that electric rates be created,

effective August 1, 2021 in accordance with UFS’s analysis, City of Rochelle Electric Rate

Schedule for General Service Primary Time of Use above 12,000 kW Rate 168 attached hereto as

Exhibit A; and

NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the City of

Rochelle as follows:

SECTION ONE. The foregoing Recitals are not mere preparatory language, but are hereby

incorporated in this Section 1 as if said Recitals were fully set forth.

SECTION TWO. The Rochelle Municipal Utilities, City of Rochelle Electric Rate Schedule for

General Service Primary Time of Use above 12,000 kW Rate 168, attached hereto as Exhibit A

and made a part hereof is hereby approved, effective August 1, 2021. The City Manager is further

authorized to set a fee for services not specifically listed in the pricing schedule referenced in the

above paragraph.

228

Section VI, Item 6.

SECTION THREE. The provisions of this Resolution are severable and if any court of

competent jurisdiction shall declare any portion of this Resolution to be invalid or unenforceable,

said decision shall not affect any portion of this Resolution, other than the part declared invalid or

unenforceable. This City Council hereby declares that it would have enacted this Resolution even

with the invalid or unenforceable portion deleted.

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

and approval in the manner provided by law.

SECTION FIVE. That any resolution or motion in conflict with this Resolution is hereby

repealed insofar as it conflicts with this Resolution.


AYES:

NAYS:

ABSENT:


______________________________________________________

MAYOR

ATTEST:

________________________________________

CITY CLERK

229

Section VI, Item 6.

STATE OF ILLINOIS )

) SS.

COUNTY OF OGLE )

CERTIFICATE



_____, “RESOLUTION ESTABLISHING UTILITY SERVICES PRICE SCHEDULE FOR RATE

CLASS 168” which was adopted by the Mayor and City Council of the City of Rochelle on July

12, 2021.



____________________________________

CITY CLERK

230

Section VI, Item 6.


7. Ordinance Further Continuing the Temporary Suspension of Late Fees as Identified in Chapter 98

Article I of the Rochelle Municipal Code

231

Section VI, Item 7.


AGENDA ITEM MEMO

REGULAR MEETING

SUBJECT: An Ordinance extending the moratorium on late fees through August 2022


Summary: Due to the ongoing economic effects of the pandemic and the implementation of our new

utility billing software staff feels it make sense to extend the moratorium on utility late fees through

August 31, 2022. This will help reduce staff time calculating late fees while the implementation process

is taking place. This is another great benefit of owning our own utility systems. The city has not charged

late fees or penalties since the pandemic started in early 2020.

Recommendation: Authorize an Ordinance Temporarily Suspending Late Fees as Identified in Chapter

98 Article I of the Rochelle Municipal Code through August 31st 2022.

Supporting Documents: Ordinance Temporarily Suspending Late Fees as Identified in Chapter 98 Article I of the Rochelle

Municipal Code

232

Section VI, Item 7.


ORDINANCE

NO. _____

AN ORDINANCE FURTHER CONTINUING THE TEMPORARY SUSPENSION LATE

FEES AS IDENTIFIED IN CHAPTER 98 ARTICLE I OF THE ROCHELLE

MUNICIPAL CODE



TOM McDERMOTT

BIL HAYES

KATE SHAW-DICKEY

DAN McDERMOTT

JOHN GRUBEN

ROSAELIA ARTEAGA

City Council



200 W. Adams, Suite 2125, Chicago, IL 60606

233

Section VI, Item 7.

CITY OF ROCHELLE


ORDINANCE NO.___________________

Date Passed: July 12, 2021

AN ORDINANCE FURTHER CONTINUING THE TEMPORARY SUSPENSION LATE

FEES AS IDENTIFIED IN CHAPTER 98 ARTICLE I OF THE ROCHELLE

MUNICIPAL CODE



them by law and as such the City of Rochelle (“City”), Ogle County, Illinois being a non-home

rule unit pursuant to the provisions of said Section 7 of Article VII, and may exercise only the

powers expressly granted by law; and









WHEREAS, the City of Rochelle (“City”) has previously enacted Chapter 98 Article I

Section 98-6 of the Rochelle Municipal Code (“Code”) entitled “Payment of Bills” pertaining to

payment for utility services by Rochelle Municipal Utility (“RMU”) customers and late fees

associated with the failure to pay utility bills withing the time frame set therein; and

WHEREAS, the City and RMU acknowledge that the COVID-19 virus (a/k/a

Coronavirus) has had and continues to have an adverse financial impact on residents in

communities throughout the State of Illinois, including residual impact on operations of certain

businesses and their supply chains; and

WHEREAS, the City previously passed Ordinance Nos. 20-5105, 20-5144, and 20-5198

which temporarily suspended the assessment of late fees pursuant to Section 98-6 of the Code;

and

234

Section VI, Item 7.

WHEREAS, the City believes that it is in the best interest of its residents continue to

waive the late fees for residents as described in Section 98-6 of the Code through August 31,

2022; and


that it is in the best interest of the City and its residents to continue to temporarily waive the late

payment fees assessed for RMU residential customers in the Section of the Code pertaining to

Payment of Bills; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE

CITY OF ROCHELLE, OGLE COUNTY, ILLINOIS, AS FOLLOWS:

SECTION ONE: The Preambles hereto are hereby made a part of, and operative provisions

of, this Ordinance as fully as if completely repeated at length herein.

SECTION TWO: That all late fees set forth in Chapter 98 Article I Section 98-6 entitled

“Payment of Bills” will be temporarily waived through August 31, 2022.



provisions or applications of this Ordinance that can be given effect without the invalid

application or provision, and each invalid provision or invalid application of this Ordinance is

severable.

SECTION FOUR: Where the conditions imposed by any provisions of this Ordinance are

more restrictive than comparable provisions imposed elsewhere in any other local law,

ordinance, resolution, rule or regulation, the regulations of this Ordinance will govern.





AYES:

NAYS:

ABSENT:


235

Section VI, Item 7.

____________________________________

MAYOR

ATTEST:

___________________________________

CITY CLERK

236

Section VI, Item 7.

STATE OF ILLINOIS )

) SS.

COUNTY OF OGLE )

CERTIFICATE



_____, “AN ORDINANCE FURTHER CONTINUING THE TEMPORARY SUSPENSION

LATE FEES AS IDENTIFIED IN CHAPTER 98 ARTICLE I OF THE ROCHELLE

MUNICIPAL CODE,” which was adopted by the Mayor and City Council of the City of Rochelle

on July 12, 2021.



____________________________________

CITY CLERK

237

Section VI, Item 7.


8. Resolution Approving a Redevelopment Agreement for the Real Estate Located at 430 Lincoln

Highway, Rochelle, IL with E's Corner Deli, LTD

238

Section VI, Item 8.


AGENDA ITEM MEMO

REGULAR MEETING

SUBJECT: Development Agreement- E’s Corner Deli

Staff Contact: Michelle Pease, Community Development Director

Summary: E’s Corner Deli is the lessee of a commercial property located at 430 Lincoln Highway. E’s Corner

Deli intends to redevelop the property by modifying the building and developing the space into a deli/restaurant.

The term of the lease commenced on August 1, 2020 and terminates on July 31, 2025.

The City wishes to reimburse E’s CORNER DELI up to $40,000.00. The grant may only be used to reimburse any

expenditures for the installation of a larger water service from the City’s water main to the building and for the

installation of a new sanitary sewer line to the building.

The grant is conditioned upon E’s Corner Deli commencing business operations by January 1, 2022.

Funding Sources:


Water Reclamation Fund $40,000.00

Strategic Plan Goal Application: Promote, retain, and enhance small business development.

Recommendation: Consider approving the development agreement for E’s Corner Deli.

239

Section VI, Item 8.


RESOLUTION

NO. _____


REAL ESTATE LOCATED AT 430 LINCOLN HIGHWAY, ROCHELLE, ILLINOIS

WITH E’s CORNER DELI, LTD.


TOM McDERMOTT

BIL HAYES

KATE SHAW-DICKEY

DAN McDERMOTT

JOHN GRUBEN

ROSAELIA ARTEAGA

City Council




240

Section VI, Item 8.

CITY OF ROCHELLE


RESOLUTION NO.


REAL ESTATE LOCATED AT 430 LINCOLN HIGHWAY, ROCHELLE, ILLINOIS

WITH E’s CORNER DELI, LTD.


















WHEREAS, E’s Corner Deli, Ltd., an Illinois corporation (“Developer”), is the leaseholder

for the real estate located at 430 Lincoln Highway, Rochelle, Ogle County, Illinois (“Subject

Property”); and

WHEREAS, Developer proposes to install a new water supply line and new sanitary line

for the Subject Property for the new deli that will operate at this location (the “Project”); and

WHEREAS, Developer has received a quote from the new water and sanitary sewer line

for approximately $37,220, which has been provided to and reviewed by City staff; and


provide Developer with an economic development grant as more fully set forth in the Redevelopment

Agreement, attached hereto as Exhibit 1; and



241

Section VI, Item 8.

economic redevelopment grant to fund a portion of the improvements necessary to for a deli at the

Subject Property, where a retail store previously operated at the Subject Property; and


to enter into this Agreement for the improvements to 430 Lincoln Highway, Rochelle, Illinois.






Redevelopment Agreement for the property located at 430 Lincoln Highway, Rochelle, Illinois

attached hereto as Exhibit 1 in a form to be reviewed and revised by the City Attorney.



inconsistency.




AYES:

NAYS:

ABSENT:


______________________________________________________

MAYOR

ATTEST:

________________________________________

CITY CLERK

242

Section VI, Item 8.

STATE OF ILLINOIS )

) SS.

COUNTY OF OGLE )

CERTIFICATE



_____, “A RESOLUTION APPROVING A REDEVELOPMENT AGREEEMENT FOR THE

REAL ESTATE LOCATED AT 430 LINCOLN HIGHWAY, ROCHELLE, ILLINOIS WITH E’s

CORNER DELI, LTD.” which was adopted by the Mayor and City Council of the City of Rochelle

on July 12, 2021.



____________________________________

CITY CLERK

243

Section VI, Item 8.

REDEVELOPMENT AGREEMENT

This Redevelopment Agreement (the “Agreement”) is made and entered into as of this

_____ day of _____________, 2020, by and between E’s Corner Deli, Ltd., an Illinois

corporation (“E’s CORNER DELI”), and the City of Rochelle, Ogle County, Illinois, an Illinois

municipal corporation (the “City”), and is based on the following recitals:

RECITALS



B. E’s CORNER DELI is an Illinois corporation in good standing with the Illinois

Secretary of State.

C. E’s CORNER DELI is the lessee of the commercial real estate commonly known

as 430 Lincoln Highway, Rochelle, Ogle County, Illinois (the “Subject Property”),

which is currently improved with a structure (the “Building”). The term of the lease

commenced on August 1, 2020 and terminates on July 31, 2025.

D. E’s CORNER DELI intends to redevelop the Subject Property by modifying the

Building and developing within the Building a deli/restaurant.

E. The City intends to provide an economic grant to facilitate improvements to the

water service and sanitary sewer line.

F. The redevelopment of the Subject Property will require or involve:

1. An upgrading of the water line to the Subject Property from the City’s

existing water main on Lincoln Highway.

2. Installation of a new sanitary sewer line to the Building.

3. E’s CORNER DELI and the City wish to cooperate to foster the

redevelopment of the Subject Property by granting the licenses and permits

specified pursuant to this Agreement or reasonably required by E’s

CORNER DELI, subject to all requirements of federal, state, and local laws.

G. The City is entering into this Agreement pursuant to its non-home rule powers and

its determination that the licenses and permits contemplated by this Agreement will

enhance the City’s businesses and redevelopment of its downtown area.

H. The City has determined that it is essential to the economic and social welfare of

the City that the licenses and permits contemplated by this Agreement are necessary

to foster economic development.

244

Section VI, Item 8.

2

I. The City finds that the powers to be exercised hereunder are in furtherance of a


J. The Mayor and City Council of the City have determined that entering into this


K. E’s CORNER DELI has full right, power and authority to enter into this Agreement

and acknowledges and consents to its terms and conditions.



receipt and sufficiency of which are hereby acknowledged, the City and E’s CORNER DELI agree

as follows:

SECTION ONE.

RECITALS


representations by E’s CORNER DELI and the City.

SECTION TWO.

ECONOMIC REDEVELOPMENT GRANT

A. City’s Economic Redevelopment Grant. The City agrees to reimburse E’s

CORNER DELI up to Forty Thousand ($40,000.00) Dollars for the purposes of fostering the

redevelopment of the Building on the Subject Property. The Grant may only be used to reimburse

any expenditures for the installation of a larger water service from the City’s water main to the

Building and for the installation of a new sanitary sewer line to the Building. This Grant may not

be able to reimburse on other expense incurred by E’s CORNER DELI related to the

redevelopment of the Building or Subject Property.

B. Reimbursement for Approved Expenditures. The City shall pay the Grant for the

expenditures allowed under Section Two (A) following the receipt of paid invoices from E’s

CORNER DELI. Said payments will be made within thirty (30) days of the City’s receipt of a

paid invoice for the expenditures allowed under this Agreement. However, in the discretion of

the City Manager, the City Manager the payment of some or all of the Grant prior to the

completion of the water service and sanitary sewer improvements to expedite the completion of

these improvements. This Grant is conditioned upon E’s CORNER DELI commencing business

operations by January 1, 2022 in order to be eligible for this Grant.

C. No assumption of Liability. The City assumes no liability for related to the

installation or maintenance of the water service from the City’s water or sewer main to the

Building on the Subject Property or the Building, and E’s CORNER DELI agrees to indemnify

and hold the City harmless for any and all claims, lawsuits, or causes of actions related to any

injuries arising out of or related to the same.

245

Section VI, Item 8.

3

D. Assignability. The easement granted herein shall not be assignable by E’s

CORNER DELI without the express written consent of the City, and this grant for the

reimbursement set forth herein shall terminate upon the sale, conveyance, transfer or any other

disposition of the Building and Subject Property without the prior written consent of the City.

SECTION THREE.

UTILITY SERVICE

A. Water Service. The City, which owns and operates its water utility. E’s CORNER

DELIE agrees that it will, at its expense, in a timely manner, and using all commercially reasonable

measures to increase the size of the water service for the Building and Subject Property. E’s

CORNER DELI agrees that it will, at its sole expense, subject to the economic grant herein,

increase the size of the water lines inside the Building as required by applicable building codes.

B. Sanitary Sewer Line. The City agrees that E’s CORNER DELI may, at its expense

and on a timely to install a new sanitary sewer line from the City’s sanitary sewer main to the

Building, in a timely manner, and using all commercially reasonable measures to the Building. E’s

CORNER DELI agrees that it will, at its sole expense, subject to the economic grant herein,

increase the size of the sanitary sewer line to the Building as required by applicable building codes.

SECTION FOUR.

DELIVERIES

The City agrees to allow reasonable delivery of raw material into the Building and finished

product and other materials for the Building in a reasonable manner.

SECTION FIVE.


The City agrees to provide approvals, permits and consents to E’s CORNER DELI as

reasonably required for E’s CORNER DELI’s installation of the afore-mentioned improvements

as set-forth in this Agreement for the redevelopment of the Building, upon appropriate petitions

and requests by E’s CORNER DELI.

SECTION SIX.

MAINTENANCE

Except to the extent caused by the City’s negligence or willful and wanton conduct, E’s

CORNER DELI, at its sole cost and expense, shall maintain and repair the improvements to the

Subject Property, taking the reasonable, necessary and appropriate measures to keep the Subject

Property in a clean, attractive, safe, unobstructed, good and useable condition.

SECTION SEVEN.

COMPLIANCE WITH LAW

246

Section VI, Item 8.

4

E’s CORNER DELI will at its own expense comply with all federal, state and local laws,

ordinances of the City and the State of Illinois, and rules and regulations now or later in force

which may be applicable to its operations in the City. E’s CORNER DELI will obtain and pay for

all permits, licenses, variations, and other authorizations which may be required for the

improvements and its activities contemplated by this Agreement.

SECTION EIGHT.

WAIVER

No waiver by either the City or E’s CORNER DELI of any default on the part of the other

party in the performance of any of the terms, covenants, or conditions of this Agreement to be

performed, kept, or observed by the defaulting party shall be or be construed to be a waiver by the

non-defaulting party of any other or subsequent default in the performance of any terms,

covenants, or conditions of this Agreement to be performed, kept or observed by the defaulting

party.

SECTION NINE.

AMENDMENT


instrument executed by the City and E’s CORNER DELI.

SECTION TEN.






SECTION ELEVEN.

INDEMNIFICATION

To the fullest extent permitted by law, E’S CORNER DELI shall defend, indemnify and

hold the City harmless from and against any and all claims, causes of action, liability, loss, damage,

costs and expenses (including reasonable attorneys’ fees) for injury to person or death or property

damage arising out of or resulting from (i) E’s CORNER DELI’s use of the Subject Property; (ii)

any failure by E’s CORNER DELI to perform any obligation required herein; or (iii) arising out

of or resulting from of E’s CORNER DELI’s breach of any provision of this Agreement.

SECTION TWELVE.

NOTICE



247

Section VI, Item 8.

5




City Manager

City of Rochelle







All notices to E’s CORNER DELI shall be sent to:

E’s Corner Deli, Ltd.

Attn: Erin Rittschof

2519 S. Chamberlain Road

Esmond, Illinois 60128



SECTION THIRTEEN.

BINDING EFFECT

This Agreement shall be binding upon and inure to the benefit of the City and E’s CORNER

DELI and their respective successors and assigns.

SECTION FOURTEEN.

ENTIRE AGREEMENT

This Agreement and the exhibits, if any, to this Agreement contain all the representations

and the entire agreement between the parties with respect to the subject matter of this agreement.

Any prior correspondence, memoranda or agreements are superseded in total by this Agreement

and the exhibits to this Agreement. No party has relied on any representations, written or verbal,

of any other party other than those express written representations made within this Agreement.

SECTION FIFTEEN.

EXHIBITS

248

Section VI, Item 8.

6


Agreement.



municipality

_________________________________________

By:_________________________________

Its: _________________________________

E’s CORNER DELI, LTD., an Illinois corporation

By: _________________________________

Erin Rittschof, President and Authorized Agent

249

Section VI, Item 8.


9. Ordinance Approving the Preliminary and Final Plat of Subdivision for 101 Cherry Avenue and 144

Fourth Avenue; and an Ordinance Granting Variation Relating to Setbacks

250

Section VI, Item 9.


AGENDA ITEM MEMO

REGULAR MEETING

SUBJECT: Preliminary & Final Plat of Subdivision- 101 Cherry Ave. and 144 Fourth Avenue


Summary: Benjamin and Patricia Burch have petitioned to subdivide the property located at 101 Cherry Ave.

and 144 Fourth Ave., Parcel # 24-24-457-015; 24-24-457-002 and 24-24-457-013. The property is zoned I-2

General Industry and is 2.88 acres.

The purpose of subdividing is to restructure the existing three lots to a cleaner three lot subdivision. The proposed

subdivision meets the minimum lot requirements found in Section 110-141 of the Rochelle Municipal Code. The

intent is to give the building at 144 Fourth Ave. a proper commercial footprint, separate the commercial and

residential properties and to adjust lot lines so that they do not pass-through existing structures. Currently the

subdivision is known as “Palmer’s Third Addition.” The proposed name is “Burch Subdivision.”

Fehr Graham developed a preliminary and final plat of subdivision on behalf of the Burch’s for a three-lot

subdivision with easements.

On July 6, 2021, the Planning and Zoning Commission voted 6 to 0 to approve the proposed Preliminary and Final

Plat of Subdivision for 101 Cherry Avenue and 144 Fourth Avenue.

Funding Sources:


Strategic Plan Goal Application: Incorporate dynamic planning and evaluation in City-wide planning.

Recommendation: Consider approving the Preliminary & Final Plat of Subdivision for 101 Cherry Ave. and

144 Fourth Avenue.

251

Section VI, Item 9.

THE CITY OF ROCHELLE


ORDINANCE

NO. _____

AN ORDINANCE APPROVING THE PRELIMINARY AND

FINAL PLAT OF SUBDIVISION FOR 101 CHERRY AVENUE AND 144 FOURTH

AVENUE, ROCHELLE, ILLINOIS



TOM McDERMOTT

BIL HAYES

KATE SHAW-DICKEY

DAN McDERMOTT

JOHN GRUBEN

ROSAELIA ARTEAGA

City Council

______________________________________________________________________________




252

Section VI, Item 9.

CITY OF ROCHELLE


ORDINANCE NO. ____

AN ORDINANCE APPROVING THE PRELIMINARY AND

FINAL PLAT OF SUBDIVISION FOR 101 CHERRY AVENUE AND 144 FOURTH

AVENUE, ROCHELLE, ILLINOIS





granted by law; and









WHEREAS, Benjamin and Patricia Burch (“Petitioners”), are the owners of three parcels

of land located at 101 Cherry Avenue and 144 Fourth Avenue, Rochelle, Illinois and Petitioners

filed a petition (PZC 05-21) to subdivide the three lots in the subdivision is known as “Palmer’s

Third Addition” into one lot with the proposed name is the “Burch Subdivision.” (“The Burch

Subdivision”); and

WHEREAS, Petitioners will combine the three lots with Parcel Identification Numbers

24-24-457-015; 24-24-457-002 and 24-24-457-013 into one lot that will be approximately 2.88

acres and will be zoned I-2 General Industry; and

WHEREAS, the proposed subdivision meets the minimum lot requirements found in

Section 110-141 of the Rochelle Municipal Code and the intent of the subdivision is to give the

building at 144 Fourth Avenue, Rochelle, Illinois a proper commercial footprint, separate the

commercial and residential properties and to adjust lot lines so that they do not pass-through

existing structures.; and

WHEREAS, pursuant to the City of Rochelle Zoning Ordinance, the Petitioners, initiated

a petition to subdivide the properties described in Exhibit “A” and as depicted on Preliminary Plat,

Exhibit “B”, and Final Plat, Exhibit “C” known as The Burch Subdivision; and

WHEREAS, the petition for the Preliminary Plat and Final Plat was reviewed by the

Planning and Zoning Commission at their meeting of July 6, 2021 and the Planning and Zoning

Commission, by a vote of 6-0, recommended that Council approve the Preliminary Plat and Final

Plat of Subdivision for The Burch Subdivision; and

253

Section VI, Item 9.

NOW THEREFORE BE IT ORDAINED by the Mayor and City Council of the City of

Rochelle, Ogle County, Illinois, as follows:

Section 1. That City hereby incorporates all of the recitals above into this Ordinance as if fully

set forth herein.

Section 2. The Preliminary Plat, Exhibit “B”, and Final Plat, Exhibit “C” for The Burch

Subdivision located 101 Cherry Avenue and 144 Fourth Avenue, Rochelle, Illinois are hereby

approved.

Section 3. The City Clerk shall publish this Ordinance in pamphlet form.

Section 4. This ordinance shall become effective after its passage, approval and publication as

provided by law and shall modify any inconsistent provisions in the municipal code prior to this

date.

PASSED AND APPROVED this 12th day of July, 2021.

Ayes:_____

Nays: ____

Absent/Abstain:_____

___________________________________

Mayor

Attested:__________________________________

City Clerk

254

Section VI, Item 9.

EXHIBIT A

(Legal Description)

PARCELS: # 24-24-457-015; 24-24-457-002 and 24-24-457-013

DESCRIPTION:

Part of the Southeast Quarter of Section 24, Township 40 North, Range 1 East of the Third

Principal Meridian, described as follows: Beginning at the intersection of the centerline of vacated

Van Buren Street in the city of Rochelle and the Northerly right-of-way line of the former Chicago

Northwestern Railway, now Union Pacific Railroad; thence North 01 degrees 10 minutes 17

seconds West (assumed bearing) on and along last named centerline, a distance of 163.45 feet to

the centerline of vacated Cherry Avenue as extended Easterly; thence South 88 degrees 22 minutes

10 seconds West on and along last named centerline extended Easterly, distance of 33.00 feet;

thence North 01 degrees 10 minutes 17 seconds West a distance of 33.14 feet to the Southeast

corner of Lot 3 in Block 6 of Palmer’s Third Addition to the City of Rochelle; thence South 88

degrees 22 minutes 10 seconds West on and along the South line of said Lot 3, a distance of 95.48

feet to a point 12 feet Easterly of the centerline of an I.C.C. spur track number 127; thence parallel

with said spur tack 127, with a curve turning to the left with an arc length of 104.30 feet, a radius

of 546.24 feet, a chord bearing of North 33 degrees 10 minutes 52 seconds East and a chord length

of 104.14 feet; thence North 88 degrees 22 minutes 10 seconds East a distance of 184.72 feet;

thence North 01 degrees 10 minutes 17 seconds West, a distance of 114.39 feet to the South right

of way line of Fourth Avenue; thence North 75 degrees 25 minutes 04 seconds East on and along

last named line, a distance of 119.24 feet; thence North 88 degrees 18 minutes 50 seconds East on

and along last named line, a distance of 456.52 feet; thence South 01 degrees 09 minutes 15

seconds East, a distance of 126.58 feet; thence South 88 degrees 17 minutes 39 seconds West, a

distance of 498.45 feet; thence South 01 degrees 10 minutes 17 seconds East, a distance of 228.31

feet; thence South 84 degrees 33 minutes 18 seconds West, a distance of 74.23 feet; thence South

01 degrees 10 minutes 17 seconds East, a distance of 50.78 feet to said Northerly right-of-way line

of the former Chicago Northwestern Railway, now Union Pacific Railroad; thence South 82

degrees 13 minutes 23 seconds West on and along last named line, a distance of 115.77 feet to the

Point of Beginning, containing 2.88 acres, more or less.

255

Section VI, Item 9.

EXHIBIT B

(Preliminary Plat)

256

Section VI, Item 9.

257

Section VI, Item 9.

258

Section VI, Item 9.

EXHIBIT C

(Final Plat)

259

Section VI, Item 9.

260

Section VI, Item 9.

261

Section VI, Item 9.

STATE OF ILLINOIS )

) SS.

COUNTY OF OGLE )

CERTIFICATE



_____, “AN ORDINANCE APPROVING THE PRELIMINARY AND FINAL PLAT OF

SUBDIVISION FOR 101 CHERRY AVENUE AND 144 FOURTH AVENUE, ROCHELLE,

ILLINOIS” which was adopted by the Mayor and City Council of the City of Rochelle on July 12,

2021.



____________________________________

CITY CLERK

262

Section VI, Item 9.


ORDINANCE

NO. _____

AN ORDINANCE GRANTING VARIATION RELATED TO SETBACKS



TOM McDERMOTT

BIL HAYES

KATE SHAW-DICKEY

DAN McDERMOTT

JOHN GRUBEN

ROSAELIA ARTEAGA

City Council _____________________________________________________________________________________



200 W. Adams, Suite 2125, Chicago, IL 60606

263

Section VI, Item 9.

CITY OF ROCHELLE


ORDINANCE NO.___________________

Date: September 14, 2020

AN ORDINANCE GRANTING VARIATION RELATED TO SETBACKS





granted by law; and









WHEREAS, on the Planning and Zoning Commission heard testimony on Petition #PZC-

05-21 submitted by Benjamin and Patricia Burch (“Petitioners”), requesting a Variation from

certain setbacks requirements (“Variation”); and

WHEREAS, Petitioners seek a setback for variations of the building located at 144 Fourth

Avenue, Rochelle, Illinois following the subdivision of the property; and

WHEREAS, following the subdivision, the existing building at this location will require

a variance for the rear setbacks on the East and the South sides; and

WHEREAS, Section 110-141 of the City Code, buildings in the I-2 General Industrial

District are required to have rear setbacks of 20 feet and side setbacks of 15 feet; and

WHEREAS, Petitioners are requesting a variation of 2.5 feet on the East property line and

12.5 feet on the South property line; and

WHEREAS, pursuant to Section 74-33, 74-34 and 110-101 of the City Code, the Planning

and Zoning Commission has the authority to review and recommend a petition for Variations

related to setbacks to the Mayor and City Council; and

WHEREAS, Petitioners have variation from the set-back requirements in its Petition; and

264

Section VI, Item 9.

WHEREAS, on July 6, 2021, after hearing testimony on the petition, the Planning and

Zoning Commission voted to recommend Petition #PZC-05-21, by a vote of 6-0, for a variation

from the setback requirements of Section 110-141 Minimum lot and yard areas to the Rochelle

City Code to the Mayor and City Council; and

WHEREAS, it the Mayor and City Council of the City of Rochelle find that the set-back

variation of 2.5 feet on the East property line and 12.5 feet on the South property line meets all of

the criteria necessary for the granting of said Variation; and

WHEREAS, it has been determined by the Mayor and City Council of the City of Rochelle

that it is in the best interest of the City and its residents to accept the findings and recommendations

of the Planning and Zoning Commission and to approve said set-back Variation; and

NOW THEREFORE BE IT ORDAINED by the Mayor and City Council of the City of

Rochelle, Ogle County, Illinois, as follows:

SECTION ONE: The foregoing recitals shall be, and are hereby, incorporated into and made

a part of this Ordinance as if fully set forth in this Section One.

SECTION TWO. The Variation set forth herein below shall be applicable to the following

described property:

See legal description attached hereto as Exhibit A.

(Located at 144 Fourth Avenue, Rochelle, Flagg Township, Ogle County, Illinois)

(Hereafter referred to as the “Subject Property”)

SECTION THREE. That the Variation at the Subject Property be granted as follows:

1.) A variance granting relief from Section 110-321, which provides that Industrial properties,

and properties in the I-2 zoning districts shall provide a minimum 20-foot-wide and 15-

foot side set-backs. The variance shall allow Petitioner to maintain the existing building

with a variation of 2.5 feet on the East lot line and 12.5 feet on the South lot line.

SECTION FOUR: The City Clerk shall be and is hereby authorized and directed to cause a

certified copy of this Ordinance with the attached Exhibit A, to be recorded in the Office of the

Ogle County Recorder.

SECTION FIVE: If any provision of this Ordinance or application thereof to any person or


provisions or applications of this Ordinance that can be given effect without the invalid application


265

Section VI, Item 9.

SECTION SIX: Where the conditions imposed by any provisions of this Ordinance are more

restrictive than comparable provisions imposed Ordinance in any other local law, ordinance,


SECTION SEVEN: The City Clerk shall publish this Ordinance in pamphlet form.

SECTION EIGHT: This Ordinance shall be in full force and effect from and after its passage,



AYES:

NAYS:

ABSENT:


____________________________________

MAYOR

ATTEST:

___________________________________

CITY CLERK

266

Section VI, Item 9.

EXHIBIT A

LEGAL DESCRIPTION

PARCELS: 24-24-457-015; 24-24-457-002 and 24-24-457-013

DESCRIPTION:

Part of the Southeast Quarter of Section 24, Township 40 North, Range 1 East of the Third

Principal Meridian, described as follows: Beginning at the intersection of the centerline of vacated

Van Buren Street in the city of Rochelle and the Northerly right-of-way line of the former Chicago

Northwestern Railway, now Union Pacific Railroad; thence North 01 degrees 10 minutes 17

seconds West (assumed bearing) on and along last named centerline, a distance of 163.45 feet to

the centerline of vacated Cherry Avenue as extended Easterly; thence South 88 degrees 22 minutes

10 seconds West on and along last named centerline extended Easterly, distance of 33.00 feet;

thence North 01 degrees 10 minutes 17 seconds West a distance of 33.14 feet to the Southeast

corner of Lot 3 in Block 6 of Palmer’s Third Addition to the City of Rochelle; thence South 88

degrees 22 minutes 10 seconds West on and along the South line of said Lot 3, a distance of 95.48

feet to a point 12 feet Easterly of the centerline of an I.C.C. spur track number 127; thence parallel

with said spur tack 127, with a curve turning to the left with an arc length of 104.30 feet, a radius

of 546.24 feet, a chord bearing of North 33 degrees 10 minutes 52 seconds East and a chord length

of 104.14 feet; thence North 88 degrees 22 minutes 10 seconds East a distance of 184.72 feet;

thence North 01 degrees 10 minutes 17 seconds West, a distance of 114.39 feet to the South right

of way line of Fourth Avenue; thence North 75 degrees 25 minutes 04 seconds East on and along

last named line, a distance of 119.24 feet; thence North 88 degrees 18 minutes 50 seconds East on

and along last named line, a distance of 456.52 feet; thence South 01 degrees 09 minutes 15

seconds East, a distance of 126.58 feet; thence South 88 degrees 17 minutes 39 seconds West, a

distance of 498.45 feet; thence South 01 degrees 10 minutes 17 seconds East, a distance of 228.31

feet; thence South 84 degrees 33 minutes 18 seconds West, a distance of 74.23 feet; thence South

01 degrees 10 minutes 17 seconds East, a distance of 50.78 feet to said Northerly right-of-way line

of the former Chicago Northwestern Railway, now Union Pacific Railroad; thence South 82

degrees 13 minutes 23 seconds West on and along last named line, a distance of 115.77 feet to the

Point of Beginning, containing 2.88 acres, more or less.

267

Section VI, Item 9.

STATE OF ILLINOIS )

) SS.

COUNTY OF OGLE )

CERTIFICATE



_____, “AN ORDINANCE GRANTING VARIATION RELATED TO SETBACKS” which was

adopted by the Mayor and City Council of the City of Rochelle on July 12, 2021.



____________________________________

CITY CLERK

268

Section VI, Item 9.


10. Resolution Approving a Redevelopment Agreement with Glenwood Equities, LLC

269

Section VI, Item 10.


AGENDA ITEM MEMO

REGULAR MEETING

SUBJECT: Development Agreement-Glenwood Equities, LLC


Summary: The City has been working with the developer of one and possibly two new retail locations in

Rochelle (one on the north side of town and on the south side, not convenience stores). For the north side

location, they are considering property located at East Flagg Road west of Highway 251.

The development of the property will require and extension and upgrade to electrical service, extending water

service to the west lot line of subject property and extending and upsizing the sanitary sewer/wastewater service to

the west lot line of the subject property.

Staff has been negotiating a development agreement with said developer due to the possibility of increased

economic activity brought on by the one possibly two projects. The developer is requesting assistance with a

portion of the water and sewer line extensions. Staff is recommending the City fund the agreement up to a total of

$150,000 for these infrastructure improvements. The payments will be made in three payments the first occurring

180 days after the completion of the project. The final two payments will occur annually thereafter on the

anniversary of the initial payment. This is like our agreements with Love’s and Pilot. The funds will be paid

from the water and water reclamation funds.

Funding Sources:


Water/Water Reclamation

Fund

$150,000 $150,000

Strategic Plan Goal Application: Incorporate dynamic planning and evaluation in City-wide planning. Promote

Community and Economic Development

Recommendation: Consider approving the development agreement with Glenwood Equities, LLC

270


DEVELOPMENT AGREEMENT

This Development Agreement (the “Agreement”) is made and entered into as of this _____

day of _____________, 2021, by and between Glenwood Equities, LLC, a Missouri limited

liability company (“Glenwood”), and the City of Rochelle, Ogle County, Illinois, an Illinois

municipal corporation (the “City”), and is based on the following recitals:

RECITALS



B. Glenwood is a(n) corporation in good standing with the Illinois Secretary of State

and authorized to transact business in the State of Illinois.

C. Glenwood is the record owner of the commercial real estate or has an option to

purchase commercial real estate on East Flagg Road, west of Highway 251, in

Rochelle, Ogle County, Illinois (the “Subject Property”), which is currently

unimproved.

D. Glenwood intends to develop the Subject Property by constructing a building (“the

Building”) and developing within the Building a retail store.

E. The City operates various public utilities through the Rochelle Municipal Utilities

(“RMU”), which will provide utilities, including, but not limited to, water,

wastewater and electric utility services.

F. The development of the Subject Property will require or involve:

1. An extension and upgrade of the electrical service to Glenwood’s parcel.

Glenwood will be responsible for any costs for the cost of extending and

upgrading the electrical service to the Subject Property.

2. Extending the water service to the West lot line of the Subject Property.

The City agrees to pay for a portion of the extended water service to the

Subject Property, as set forth herein. Glenwood will be responsible for any

costs related to extending the water service to the West property line of

Subject Property.

3. Extending and upsizing the sanitary sewer/wastewater service to the West

lot line of the Subject Property. The City agrees to pay for a portion of the

extended and upsized sanitary sewer/wastewater service Subject Property,

as set forth herein. Glenwood will be responsible for any costs for the cost

of extending and upsizing sanitary sewer/wastewater service to the West lot

line of Subject Property.

271


2

G. Glenwood and the City wish to cooperate to foster the development of the Subject

Property by granting the permits specified pursuant to this Agreement or reasonably

required by Glenwood.

H. The City is entering into this Agreement pursuant to its non-home rule powers and

its determination that the permits contemplated by this Agreement will enhance the

City’s businesses and development within its corporate limits.

I. The City has determined that it is essential to the economic and social welfare of

the City that the permits contemplated by this Agreement are necessary to foster

economic development.

J. The City finds that the powers to be exercised hereunder are in furtherance of a


K. The Mayor and City Council of the City have determined that entering into this


L. Glenwood has full right, power and authority to enter into this Agreement and

acknowledges and consents to its terms and conditions.



receipt and sufficiency of which are hereby acknowledged, the City and Glenwood agree as

follows:

SECTION ONE.

RECITALS


representations by Glenwood and the City.

SECTION TWO.

UTILITY SERVICE

A. Electrical Service. The City, which owns and operates its electrical service utility

through the RMU. Glenwood will be responsible for any costs related to electrical services on the

Subject Property and to the Building.

B. Water. The City, which owns and operates its water service utility through the

RMU, agrees that it will, reimburse Glenwood up to Thirty Thousand ($30,000.00) Dollars, to

extend water service to the West property line of Subject Property and to the Building. The City’s

Reimbursement for water service may also be used for water infrastructure in the Building,

including, but not limited to, fire suppression systems or infrastructure necessary to have a

sufficient water supply and pressure.

272


3

C. Sanitary Sewer/Wastewater. The City, which owns and operates its sanitary

sewer/wastewater service utility through the RMU, agrees that it will reimburse Glenwood up to

One Hundred and Fifty Thousand ($150,000.00) Dollars of the cost to extend and upsize the

sanitary sewer/wastewater service to the West property line of the Subject Property and to the

Building. The City’s Reimbursement for sanitary sewer/wastewater service may also be used to

increase the size of the sanitary sewer/wastewater main from the two (2) inch pressurized proposed

main to the required eight (8) inch gravity fed main, but cannot be used for any other purposes.

D. Timing of Reimbursements. The reimbursements set for in Section 2(B-C) will be

made over three (3) payments, with the first reimbursement occurring 180 days after the

completion of the Project. The two payments will occur annually thereafter on the anniversary of

the first payment. For the purposes of the Agreement, the completion date will be upon completion

of all improvements and the building and final inspection by the City. The portion of the City’s

Reimbursement may not be applied to any other development expense

SECTION THREE.


The City agrees to provide approvals, permits and consents to Glenwood as reasonably

required for Glenwood’s development of the Subject Property, upon appropriate petitions and

requests by Glenwood. Glenwood will grant all necessary utility easements as required for the

service to the West property line of the Subject Property and to the Building.

SECTION FOUR.

INSURANCE

Glenwood agrees to maintain public liability and property damage insurance with an

insurance company qualified and licensed to do business in Illinois with limits of not less than two

million dollars ($2,000,000.00) for bodily injury or death to any one person, five million dollars

($5,000,000.00) for bodily injury or death to more than one person, and five hundred thousand

dollars ($500,000.00) for damage to the Subject Property. The City will be named as an additional

insured on Glenwood’s policies and shall be provided thirty (30) days’ advance notice prior to the

cancellation of any such policy. Certificates of such insurance shall be filed with the City clerk

within 30 days of the approval of this Agreement by the City Counsel.

SECTION FIVE.

COMPLIANCE WITH LAW

Glenwood will at its own expense comply with all federal, state and local laws, ordinances

of the City and the State of Illinois, and rules and regulations now or later in force which may be

applicable to its operations in the City. Glenwood will obtain and pay for all permits, licenses,

variations, and other authorizations which may be required for the improvements and its activities

contemplated by this Agreement.

273


4

SECTION SIX.

WAIVER

No waiver by either the City or Glenwood of any default on the part of the other party in

the performance of any of the terms, covenants, or conditions of this Agreement to be performed,

kept, or observed by the defaulting party shall be or be construed to be a waiver by the non-

defaulting party of any other or subsequent default in the performance of any terms, covenants, or

conditions of this Agreement to be performed, kept or observed by the defaulting party.

SECTION SEVEN.

AMENDMENT


instrument executed by the City and Glenwood.

SECTION EIGHT.






SECTION NINE.

INDEMNIFICATION

To the fullest extent permitted by law, Glenwood shall defend, indemnify and hold the City


expenses (including reasonable attorneys’ fees) for injury to person or death or property damage

arising out of or resulting from (i) Glenwood’s development of the Subject Property; (ii) any failure

by Glenwood to perform any obligation required herein; or (iii) arising out of or resulting from of

Glenwood’s breach of any provision of this Agreement.

SECTION TEN.

NOTICE






City Manager

City of Rochelle


274


5


Legal Counsel:





All notices to Glenwood shall be sent to:

Daniel Elkan

Glenwood Equities, LLC

1415 Elbridge Payne Rd Suite 285

Chesterfield MO. 63017

Legal Counsel:

Goldenberg Heller & Antognoli, P.C.

Attn: Chad W. Brigham

2227 S. State Rte. 157

Edwardsville, Il 62025



SECTION ELEVEN.

PERFORMANCE BOND AND MAINTENANCE

Glenwood shall provide a performance bond equal to 125% of the cost of the infrastructure

improvements identified in this Agreement, prior to the issuance of building permits for the

improvements to the Subject Property.

SECTION TWELVE.

BINDING EFFECT

This Agreement shall be binding upon and inure to the benefit of the City and Glenwood

and their respective successors and assigns.

SECTION THIRTEEN.

REIMBURSEMENT OF CITY COSTS

Glenwood shall reimburse the City for all staff costs, legal fees, and all other professional

fees incurred by the City with respect to the development of the Subject Property. Glenwood

will be invoiced at the time the building permit applications are submitted and shall be due

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6

before permits are issued. Glenwood shall receive credit for all deposits provided to the City for

this development.

SECTION FOURTEEN

ENTIRE AGREEMENT

This Agreement and the exhibits to this Agreement contain all the representations and the

entire agreement between the parties with respect to the subject matter of this agreement. Any

prior correspondence, memoranda or agreements are superseded in total by this Agreement and

the exhibits to this Agreement. No party has relied on any representations, written or verbal, of

any other party other than those express written representations made within this Agreement.

SECTION FOURTEEN.

EXHIBITS


Agreement.



municipality

__________________________________________

By:_________________________________

Its: _________________________________

GLENWOOD EQUITIES, LLC, a Missouri limited

liability company

By: _________________________________

Its:

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RESOLUTION

NO. _____

A RESOLUTION APPROVING A REDEVELOPMENT AGREEEMENT WITH

GLENWOOD EQUITIES, LLC


TOM McDERMOTT

BIL HAYES

KATE SHAW-DICKEY

DAN McDERMOTT

JOHN GRUBEN

ROSAELIA ARTEAGA

City Council




277


CITY OF ROCHELLE


RESOLUTION NO.

A RESOLUTION APPROVING A REDEVELOPMENT AGREEEMENT WITH

GLENWOOD EQUITIES, LLC


















WHEREAS, Glenwood Equities, LLC, a Missouri limited liability company

(“Developer”), is developing commercial property on Flagg Road, just west of Highway 251 in

Rochelle, Ogle County, Illinois (“Subject Property”); and

WHEREAS, Developer is developing the property to construct a large retail facility (the

“Project”); and

WHEREAS, the Project will require an upgrade to the existing water and sanitary sewer

lines that serve this property; and

WHEREAS, the Developer will extend the water and sanitary sewer lines to the west

property line as part of the Project and increase the sanitary sewer line to an eight inch gravity fed

sanitary sewer line; and

WHEREAS, the City will reimburse approximately $180,000 dollars for these infrastructure

improvements for the Project; and

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partially reimburse Developer’s water and sanitary sewer line infrastructure improvement costs as

an economic development grant as more fully set forth in the Redevelopment Agreement, attached

hereto as Exhibit 1; and



economic redevelopment reimbursement to fund a portion of the water and sanitary sewer

infrastructure improvements necessary to for the retail operations at the Subject Property; and


to enter into this Agreement for the improvements to the Subject Property.






Redevelopment Agreement with Glenwood Equities, LLC, attached hereto as Exhibit 1 and all

ancillary agreements, in a form to be reviewed and revised by the City Attorney.



inconsistency.




AYES:

NAYS:

ABSENT:


______________________________________________________

MAYOR

279


ATTEST:

________________________________________

CITY CLERK

280


STATE OF ILLINOIS )

) SS.

COUNTY OF OGLE )

CERTIFICATE



_____, “A RESOLUTION APPROVING A REDEVELOPMENT AGREEEMENT WITH

GLENWOOD EQUITIES, LLC” which was adopted by the Mayor and City Council of the City

of Rochelle on July 12, 2021.



____________________________________

CITY CLERK

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AGENDA CITY OF ROCHELLE CITY COUNCIL REGULAR ...

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