HomeMy WebLinkAbout016-O-23 Authorizing the City Manager to Execute Documents Related to Funding of the 1909 Intake Replacement Project from the Illinois Environmental Protection Agency Public Water Supply Loan Program2/13/2023
16-O-23
AN ORDINANCE
Authorizing the City Manager to Execute Documents Related to
Funding of the 1909 Intake Replacement Project from
the Illinois Environmental Protection Agency
Public Water Supply Loan Program
WHEREAS, the City of Evanston, in the County of Cook, Illinois (the
“City”) operates its public water supply system (“the System”) and in accordance with
the provisions of the provisions of Section 6(a) of Article VII of the 1970 Constitution of
the State of Illinois and the Local Government Debt Reform Act, 30 ILCS 350/1 et seq.
(collectively “the Act”); and
WHEREAS, the Mayor and City Council of the City (the “Corporate
Authorities”) have determined that it is advisable, necessary, and in the best interest of
the public health, safety and welfare to improve the System including the following:
Replace an existing 1909 intake in Lake Michigan that supplies raw water
to the Evanston Water Plant, which involves abandoning the existing 1909
intake structure and pipeline, construction of a new replacement intake
structure and pipeline, construction of new onshore facilities, and
modifications to existing facilities to incorporate the new intake into the
water treatment process at the Evanston Water Plant
together with any land or rights in land and all electrical, mechanical or other services
necessary, useful or advisable to the construction and installation (the “Project”), all in
accordance with the plans and specifications prepared by the consulting engineers of
the City, which Project has a useful life of 100 years; and
WHEREAS,the estimated cost of constructing and installing the Project,
including engineering, legal, financial, and other related expenses is Fifty Five Million
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Six Hundred Sixty Five Thousand Nine Hundred Thirty Nine dollars ($55,665,939) and
there are insufficient funds on hand and lawfully available to pay such costs; and
WHEREAS, in accordance with the provisions of the Act and Ordinance
70-O-22, the City is authorized to borrow funds from the Public Water Supply Loan
Program in the aggregate principal amount of Thirty Five Million Two Hundred Seventy
Nine Thousand Nine Hundred Thirty Nine dollars ($35,279,939) to provide funds to pay
the costs of the Project and;
WHEREAS, the loan to the City has been made pursuant to a Loan
Agreement, including certain terms and conditions between the City and the Illinois
Environmental Protection Agency;
NOW THEREFORE, BE IT ORDAINED BY THE CORPORATE
AUTHORITIES OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities hereby find that the recitals
contained in the preambles are true and correct, and incorporate them into this
Ordinance by this reference.
SECTION 2: The Corporate Authorities may adopt additional ordinances
or proceedings supplementing or amending this Ordinance, providing for entering into
the Loan Agreement with the Illinois Environmental Protection Agency, prescribing all
the details of the Loan Agreement, and providing for the collection, segregation and
distribution of the revenues of the System, so long as the maximum amount of the Loan
Agreement as set forth in this Ordinance is not exceeded and there is no material
change in the project or purposes described herein. Any additional ordinances or
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proceedings shall in all instances become effective in accordance with the Act or other
applicable laws. This Ordinance, together with such additional ordinances or
proceedings, shall constitute complete authority for entering into the Loan Agreement
under applicable law.
However, notwithstanding the above, the City may not adopt additional
ordinances or amendments which provide for any substantive or material change in the
scope and intent of this Ordinance, including but not limited to interest rate, preference
or priority of any other ordinance with this Ordinance, parity of any other ordinance with
this Ordinance, or otherwise alter or impair the obligation of the City to pay the principal
and interest due to the Public Water Supply Loan Program without the written consent
of the Illinois Environmental Protection Agency.
SECTION 3: The City Manager or their designee is hereby authorized to
execute any documents associated with the Agreement or future amendments, payment
requests, reimbursements, or any other matters related to the Illinois Environmental
Protection Agency in connection with this loan.
SECTION 4: All ordinances, resolutions, orders, or parts thereof, which
conflict with the provisions of this Ordinance, to the extent of such conflict, are hereby
repealed.
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Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
_______________________________
Nicholas E. Cummings, Corporation Counsel
Introduced: _________________, 2023
Adopted: ___________________, 2023
Approved:
________________________, 2023
_______________________________
Daniel Biss, Mayor
February 13
February 13
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February 14