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City Council Agenda 1 September 22, 2015
SPRINGFIELD CITY COUNCIL MEETING Tuesday, Sept 22, 2015, 5:30 P.M.
JAMES O. LANGFELDER MAYOR
FRANK J. LESKO CITY CLERK
MISTY BUSCHER CITY TREASURER
ALDERMEN
WARD 1 CHUCK REDPATH WARD 6 CORY JOBE WARD 2 HERMAN SENOR WARD 7 JOE MCMENAMIN WARD 3 DORIS TURNER WARD 8 KRIS THEILEN WARD 4 JOHN FULGENZI WARD 9 JIM DONELAN WARD 5 ANDREW PROCTOR WARD 10 RALPH HANAUER
ORDER OF BUSINESS
1. Call to Order 9. Debate Agenda 2. Pledge of Allegiance 10. Emergency Passage 3. Proclamations 11. Ordinances on First Reading 4. Zoning Agenda 12. Unfinished Business 5. Presentations 13. New Business 6. Approval of the City Council Minutes 14. Citizens Request to Address the Council 7. Consent Agenda 15. Executive Session 8. Ordinances Tabled or Remaining In Committee 16. Adjournment
City Council Agenda 2 September 22, 2015
ZONING AGENDA DOCKET 2015-030 2125 Clearlake Ave & West 20 feet 111 N 22nd Street (Ward 3) (Continued from July 21 & June 16, 2015) DOCKET 2015-051 1126, 1128, 1134, 1136, 1144, 1146, 1150, 1152, 1154, 1154 North 4th Street (Ward 5) DOCKET 2015-052 1908 Hidden Mill (Ward 10) DOCKET 2015-054 Southwest corner of Chase and Iles 636-52-6509 (Ward 10) DOCKET 2015-055 #1 Convention Center Plaza (Ward 5) DOCKET 2015-056 5 Linden Lane (Ward 1) DOCKET 2015-057 1401 North Eighth Street (Ward 5) DOCKET 2015-058 1417-1419 North 9th Street (Ward 4) DOCKET 2015-059 Northwest corner of Sangamon Ave & Hedge Lane Road (Ward 4) DOCKET 2015-060 415-505 North 6th Street and 525 North 6th Street (Ward 5)
City Council Agenda 3 September 22, 2015
CONSENT AGENDA
2015-294 AN ORDINANCE AUTHORIZING ACCEPTANCE AND EXECUTION OF FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) ASSISTANCE TO FIREFIGHTERS GRANT #EMW-2014-FP-00147 IN THE AMOUNT OF $17,905.00 WITH MATCHING FUNDS IN THE AMOUNT OF $895.00 FOR A TOTAL GRANT AMOUNT OF $18,800.00, AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION OF SAID GRANT FUNDS IN THE AMOUNT OF $17,905.00 FOR THE SPRINGFIELD FIRE DEPARTMENT (Requested by Mayor James O. Langfelder)
2015-295 AN ORDINANCE RETAINING RONALD J. STONE OF STONE LAW OFFICE TO REPRESENT SGT. JEFF BARR, A DEFENDANT NAMED IN U.S. DISTRICT COURT CASE NO. 14-CV-3013, SCOTT ALLIN V. CITY OF SPRINGFIELD, SPRINGFIELD POLICE OFFICER JEFF BARR, STAR 428, AND PATRICIA BASKETT, FOR AN AMOUNT NOT TO EXCEED $25,000.00, FOR THE OFFICE OF CORPORATION COUNSEL (Requested by Mayor James O. Langfelder)
2015-296 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF SPRINGFIELD, E9-1-1 AND THE COUNTY OF SANGAMON, ILLINOIS, FOR ESS 9-1-1 SERVICES AND SOFTWARE (Requested by Mayor James O. Langfelder)
2015-297 AN ORDINANCE AUTHORIZING THE PURCHASE OF ROCK SALT FROM CARGILL, INCORPORATED, SALT DIVISION, UNDER STATE CONTRACT PSD 4018144 IN AN AMOUNT NOT TO EXCEED $452,830.00 FOR THE OFFICE OF PUBLIC WORKS (Requested by Mayor James O. Langfelder)
2015-298 AN ORDINANCE AUTHORIZING AN ADDITIONAL $400,000.00 FOR A TOTAL AMOUNT NOT TO EXCEED $1,400,000.00 UNDER CONTRACT #PW15-20 WITH PERRY BROUGHTON TRUCKING & EXCAVATING, INC. AND PETERSBURG PLUMBING AND EXCAVATION, LLC FOR CAVE-IN REPAIRS FOR THE OFFICE OF PUBLIC WORKS (Requested by Mayor James O. Langfelder)
City Council Agenda 4 September 22, 2015
2015-299 AN ORDINANCE AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH CRAWFORD, MURPHY & TILLY, INC., FOR RAINFALL AND SEWER FLOW MONITORING SERVICES THROUGHOUT THE CITY IN AN AMOUNT NOT TO EXCEED $150,000.00, FOR THE OFFICE OF PUBLIC WORKS (Requested by Mayor James O. Langfelder)
2015-300 AN ORDINANCE AUTHORIZING THE TRANSFER OF
APPROPRIATION AUTHORITY FROM SEWER SURPLUS BUDGET LINES 2307 AND 2308 TO THE SEWER OTAP AND ODEP BUDGET LINES 1204 TO ACCOMMODATE LATERAL SEWER CAVE-IN REPAIRS AND TO SEWER LINE 1232 TO ACCOMMODATE THE OVERHEAD SEWER MODIFICATION REBATE PROGRAM FOR THE REMAINDER OF FY16 IN THE AMOUNT OF $450,000.00 FOR THE OFFICE OF PUBLIC WORKS (Requested by Mayor James O. Langfelder) 2015-301 AN ORDINANCE APPROVING THE PLAN FOR THE LARGE SCALE DEVELOPMENT OF CAPITAL STORAGE- BROWNING ROAD FOR THE OFFICE OF PUBLIC WORKS (Requested by Mayor James O. Langfelder)
2015-302 AN ORDINANCE AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE CITY OF SPRINGFIELD, ILLINOIS, AND THE SANGAMON COUNTY, ILLINOIS, BOARD OF HEALTH FOR BOARDING OF ANIMALS IMPOUNDED WITHIN THE CITY LIMITS OF THE CITY OF SPRINGFIELD, AND AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED $202,912.78 FROM MARCH 1, 2015, THROUGH FEBRUARY 29, 2016, FOR THE OFFICE OF BUDGET AND MANAGEMENT (Requested by Mayor James O. Langfelder)
2015-303 AN ORDINANCE AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE CITY OF SPRINGFIELD, ILLINOIS, AND THE SANGAMON COUNTY, ILLINOIS, BOARD OF HEALTH FOR ANIMAL CONTROL OFFICER SERVICES WITHIN THE CITY LIMITS OF THE CITY OF SPRINGFIELD, AND AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED $152,643.16 FROM MARCH 1, 2015, THROUGH FEBRUARY 29, 2016, FOR THE OFFICE OF BUDGET AND MANAGEMENT (Requested by Mayor James O. Langfelder)
City Council Agenda 5 September 22, 2015
2015-306 AN ORDINANCE AUTHORIZING EXECUTION OF A TWO-YEAR AGREEMENT WITH, AND PAYMENT IN AN AMOUNT NOT TO EXCEED $175,000.00 TO, AT&T CORP. FOR MONTHLY POTS LINE CHARGES AND MINUTE USAGE ON EXISTING CENTREX AND POTS LINES FOR THE CITY OF SPRINGFIELD (Requested by Mayor James O. Langfelder)
2015-307 AN ORDINANCE AUTHORIZING PAYMENT TO RALPH BOURLAND, AN OFFICE OF PUBLIC WORKS EMPLOYEE, TO SETTLE A WORKERS COMPENSATION CLAIM FOR CASE NUMBER 14-WC-21032 (Requested by Mayor James O. Langfelder)
2015-308 AN ORDINANCE AUTHORIZING PAYMENT TO CHARLES SISK, A FORMER CITY OF SPRINGFIELD FIREFIGHTER, TO SETTLE A WORKERS COMPENSATION CLAIM FOR CASE NUMBER 12-WC-39661 (Requested by Mayor James O. Langfelder)
2015-310 AN ORDINANCE DECLARING MISCELLANEOUS OFFICE FURNITURE, POLICE EVIDENCE ITEMS, SCRAPPED AND OTHER VEHICLES AS SURPLUS PROPERTY AND AUTHORIZING DISPOSAL OF SAID PROPERTY (Requested by Mayor James O. Langfelder)
2015-311 AN ORDINANCE AMENDING CHAPTER 101, BY ADDING ARCHEOLOGICAL SITES AND SPRINGFIELD HISTORIC SITES REGISTER TO SECTION 101.01, DEFINITIONS, OF THE 1988 CITY OF SPRINGFIELD CODE OF ORDINANCES, AS AMENDED (Requested by Mayor James O. Langfelder)
2015-312 AN ORDINANCE AMENDING CHAPTER 131, SECTION 131.06, OF THE 1988 CITY OF SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, BY ESTABLISHING A SPECIFIED ZONE OF PRIVACY PERTAINING TO PANHANDLING (Requested by Mayor James O. Langfelder, Alderman Andrew Proctor and Alderman Kris Thelien)
City Council Agenda 6 September 22, 2015
2015-313 AN ORDINANCE TO INCREASE THE NUMBER OF CLASS “D” LIQUOR LICENSES BY ONE FOR KNIGHT’S ACTION PARK, INC. D/B/A KNIGHTS ACTION PARK, 1700 KNIGHTS RECREATION DRIVE (Requested by Mayor James O. Langfelder)
2015-314 AN ORDINANCE TO INCREASE THE NUMBER OF CLASS “E” LIQUOR LICENSES BY ONE FOR KVC, INC., D/B/A PIE’S THE LIMIT, LOCATED AT 3429 FREEDOM DRIVE (Requested by Mayor James O. Langfelder)
2015-315 AN ORDINANCE TO INCREASE THE NUMBER OF CLASS “D” LIQUOR LICENSES BY ONE FOR PEASE’S HOLDING, LLC D/B/A PEASE’S AT BUNN GOURMET LOCATED AT 2941 PLAZA DRIVE (Requested by Mayor James O. Langfelder)
2015-316 AN ORDINANCE AUTHORIZING A ONE-YEAR CONTRACT EXTENSION AND ADDITIONAL FUNDING IN THE AMOUNT OF $2,600,000.00 UNDER CONTRACT NO. UE13-09-45 – FGDS LIMESTONE SUPPLY WITH CENTRAL STONE COMPANY FOR A TOTAL AMOUNT PAYABLE NOT TO EXCEED $10,592,000.00 FOR THE OFFICE OF PUBLIC UTILITIES (Requested by Mayor James O. Langfelder)
2015-317 AN ORDINANCE AUTHORIZING A CONTRACT WITH CGI
TECHNOLOGIES AND SOLUTIONS, INC. IN AN AMOUNT NOT TO EXCEED $2,147,640.00, FOR ERP AND MAXIMO UPGRADES FOR THE OFFICE OF PUBLIC UTILITIES (Requested by Mayor James O. Langfelder)
2015-319 AN ORDINANCE AMENDING CHAPTER 105, SECTION 105.03, OF THE 1988 CITY OF SPRINGFIELD CODE OF ORDINANCE, AS AMENDED, REQUIRING THAT FEES FOR ADDITIONAL SERVICES MUST BE IN WRITING BETWEEN THE WASTE HAULERS AND INDIVIDUAL HOUSEHOLDS (Requested by Alderman Chuck Redpath, Alderman Herman Senor, Alderman Doris Turner, Alderman John Fulgenzi, Alderman Andrew Proctor, Alderman Cory Jobe, Alderman Joe McMenamin, Alderman Kris Thelien, Alderman Jim Donelan and Alderman Ralph Hanauer)
City Council Agenda 7 September 22, 2015
2015-320 AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 38, OF THE 1988 CITY OF SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, TO DECREASE THE MINIMUM CONTRACT AMOUNTS FOR WHICH CITY COUNCIL APPROVAL IS REQUIRED (Requested by Alderman Chuck Redpath, Alderman Andrew Proctor, Alderman Cory Jobe, Alderman Kris Thelien, Alderman Jim Donelan and Alderman Ralph Hanauer)
2015-321 AN ORDINANCE AMENDING CHAPTER 38, SECTION 38.35, OF THE 1988 CITY OF SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, REQUIRING CITY COUNCIL APPROVAL FOR REQUESTS FOR TAX INCREMENT FINANCE FUNDS OVER $10,000.00 AND AMENDING CHAPTER 32.36 POWERS AND DUTIES OF THE DIRECTOR OF THE OFFICE OF BUDGET AND MANAGEMENT (Requested by Alderman Chuck Redpath, Alderman Herman Senor, Alderman Doris Turner, Alderman John Fulgenzi, Alderman Andrew Proctor, Alderman Cory Jobe, Alderman Joe McMenamin, Alderman Kris Thelien, Alderman Jim Donelan and Alderman Ralph Hanauer)
2015-322 AN ORDINANCE ANNEXING CERTAIN DESCRIBED PROPERTIES LOCATED IN WARD 3 OF THE CITY OF SPRINGFIELD (Requested by Mayor James O. Langfelder)
2015-323 A RESOLUTION ENCOURAGING INDIVIDUALS TO CONDUCT ECOMMERCE TRANSACTIONS IN PUBLIC ENVIRONMENTS, AS AMENDED (Requested by Alderman Kris Thelien and Alderman Ralph Hanauer)
City Council Agenda 8 September 22, 2015
ORDINANCES AND RESOLUTIONS TABLED OR REMAINING IN COMMITTEE
2015-116 AN ORDINANCE AMENDING CHAPTER 170 OF THE 1988 CITY OF SPRINGFIELD CODE OF ORDINANCES BY REDUCING THE TIME A VACANT BUILDING MAY BE REGISTERED BEFORE IT IS BROUGHT INTO CONFORMITY WITH CITY CODE OR DEMOLISHED, AS AMENDED (Requested by Alderman Doris Turner and Alderman Sam Cahnman) (Remains in Committee 8/11/15)
2015-121 AN ORDINANCE AMENDING TITLE IX OF THE 1988 CITY OF SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, BY ADDING CHAPTER 106 ESTABLISHING A MINIMUM WAGE IN THE CITY OF SPRINGFIELD, AS AMENDED (Requested by Alderman Doris Turner and Alderman Sam Cahnman) (Remains in Committee 8/11/15)
DEBATE AGENDA
2015-304 AN ORDINANCE AUTHORIZING EXECUTION OF ADDENDUM C TO THE REDEVELOPMENT AGREEMENT WITH CHILDREN’S MUSEUM FOUNDATION CORPORATION TO EXTEND THE DATE OF COMPLETION OF THE PROJECT THROUGH SEPTEMBER 30, 2016, AND TO INCREASE THE AMOUNT OF REIMBURSABLE EXPENSES BY $316,545.00 FOR A TOTAL AMOUNT NOT TO EXCEED $991,545.00 UTILIZING THE CITY’S CENTRAL AREA TAX INCREMENT FINANCE FUNDS (Requested by Mayor James O. Langfelder and Alderman Andrew Proctor) 2015-305 AN ORDINANCE AUTHORIZING EXECUTION OF A REDEVELOPMENT AGREEMENT WITH ST. GEORGE HOLDINGS, LLC, UTILIZING THE CITY’S CENTRAL AREA TAX INCREMENT FINANCE FUNDS IN AN AMOUNT NOT TO EXCEED $377,800.00 FOR THE PROPERTY LOCATED AT 300 EAST MONROE STREET, THROUGH THE OFFICE OF PLANNING AND ECONOMIC DEVELOPMENT (Requested by Mayor James O. Langfelder)
City Council Agenda 9 September 22, 2015
2015-309 AN ORDINANCE AUTHORIZING A REDEVELOPMENT AGREEMENT WITH ENOS PARK DEVELOPMENT, LLC FOR ACQUISITION ASSISTANCE AND RELATED EXPENSES FOR VARIOUS PROPERTIES LOCATED IN THE ENOS PARK NEIGHBORHOOD TAX INCREMENT FINANCING DISTRICT FOR A TOTAL AMOUNT NOT TO EXCEED $250,000.00, THROUGH THE OFFICE OF PLANNING AND ECONOMIC DEVELOPMENT (Requested by Mayor James O. Langfelder)
2015-318 AN ORDINANCE APPROVING THE APPOINTMENT OF R. BARRY HELMERICHS AS FIRE CHIEF OF THE SPRINGFIELD FIRE DEPARTMENT (Requested by Mayor James O. Langfelder)
ORDINANCES & RESOLUTIONS ON FIRST READING ASSIGNED TO COMMITTEE OF THE WHOLE
PUBLIC WORKS
2015-324 AN ORDINANCE AUTHORIZING THE EXECUTION OF CONTRACT NUMBER PW15-01-79 WITH SICILIANO INC FOR REPAIRS TO THE MUNICIPAL PARKING GARAGE LOCATED AT THE NORTHEAST CORNER OF 7TH AND MONROE STREETS, UTILIZING CENTRAL AREA TAX INCREMENT FINANCE FUNDS IN THE AMOUNT OF $3,189,878.00 FOR THE OFFICE OF PUBLIC WORKS (Requested by Mayor James O. Langfelder)
2015-325 AN ORDINANCE AUTHORIZING EXECUTION OF A SUPPLEMENTAL PROFESSIONAL SERVICES AGREEMENT WITH HANSON PROFESSIONAL SERVICES INC., FOR ENGINEERING SERVICES FOR THE MUNICIPAL PARKING GARAGE FAÇADE REPLACEMENT AT 7TH AND MONROE STREETS AND AUTHORIZING AN ADDITIONAL $100,000.00 PAYMENT FOR A TOTAL AMOUNT NOT TO EXCEED $387,000.00 UTILIZING CENTRAL AREA TAX INCREMENT FINANCE FUNDS FOR THE OFFICE OF PUBLIC WORKS (Requested by Mayor James O. Langfelder)
City Council Agenda 10 September 22, 2015
2015-326 AN ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT WITH JON W. ELMORE AND SUSAN D. ELMORE FOR ANNEXATION OF PROPERTY LOCATED AT 7398 BUNKER HILL ROAD (Requested by Mayor James O. Langfelder)
FINANCIAL
2015-327 AN ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT WITH COLLECTORSOLUTIONS, INC. TO FACILITATE PAYMENTS TO THE CITY BY CREDIT CARDS, DEBIT CARDS, AND/OR ELECTRONIC CHECK (ECHECK) AND AUTHORIZING ACCEPTANCE OF PAYMENTS BY LINCOLN LIBRARY, THE CITY CLERK’S OFFICE, THE CITY TREASURER’S OFFICE, AND BY OAK RIDGE CEMETERY (Requested by Alderman Chuck Redpath, Alderman Jim Donelan and Alderman Ralph Hanauer) 2015-328 AN ORDINANCE AUTHORIZING THE EXECUTION OF A TENTATIVE FOUR-YEAR AGREEMENT WITH THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 193, AUDIO/VISUAL UNIT, FROM AUGUST 1, 2015, THROUGH JULY 31, 2019 (Requested by Mayor James O. Langfelder) 2015-329 AN ORDINANCE AUTHORIZING THE EXECUTION OF A TENTATIVE FIVE-YEAR AGREEMENT WITH THE AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES (AFSCME), LOCAL 3417 FOR EMPLOYEES WITH THE OFFICE OF PUBLIC WORKS FROM JUNE 1, 2015, THROUGH MAY 31, 2020 (Requested by Mayor James O. Langfelder)
GENERAL CITY BUSINESS
2015-330 AN ORDINANCE AMENDING CHAPTER 110, SECTION 110.071(f), OF THE 1988 CITY OF SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, BY CHANGING THE DATE FOR VIDEO GAMING LICENSING AND REGISTRATION FEES (Requested by Mayor James O. Langfelder) 2015-331 AN ORDINANCE TO INCREASE THE NUMBER OF CLASS “B” LIQUOR LICENSES BY ONE FOR UNIQUE FOOD AND LIQUOR, LLC D/B/A UNIQUE FOOD AND LIQUOR, 824, N. DIRKSEN PARKWAY, SPRINGFIELD, ILLINOIS (Requested by Mayor James O. Langfelder)
City Council Agenda 11 September 22, 2015
CWLP 2015-332 AN ORDINANCE AMENDING ORDINANCE 258-08-15 FOR CONTRACT UE16-05-22 – ROADWAY LIGHTING AND ACCESSORIES BY AWARDING TO FLETCHER-REINHARDT COMPANY AND QUALITY LIGHTING, INC. IN AN AMOUNT NOT TO EXCEED $1,500,000.00 FOR THE OFFICE OF PUBLIC UTILITIES (Requested by Mayor James O. Langfelder)
2015-333 AN ORDINANCE AMENDING ORDINANCE 201-06-15 FOR CONTRACT NO. UE15-03-02 WITH MARTIN EQUIPMENT OF ILLINOIS, INC. FOR MAINTENANCE AND REPAIRS OF HEAVY EQUIPMENT TO CORRECT THE TOTAL AMOUNT PAYABLE TO $500,000.00 FOR THE OFFICE OF PUBLIC UTILITIES (Requested by Mayor James O. Langfelder) 2015-334 AN ORDINANCE AUTHORIZING A CONTRACT WITH ENGINEERED PUMP SERVICES, INC. IN AN AMOUNT NOT TO EXCEED $268,679.00 FOR REPAIR OF THE UNIT 4 CIRCULATING PUMP B FOR THE OFFICE OF PUBLIC UTILITIES (Requested by Mayor James O. Langfelder)
2015-335 AN ORDINANCE ACCEPTING A PROPOSAL FROM GP STRATEGIES CORPORATION IN AN AMOUNT NOT TO EXCEED $226,200.00, FOR ETAPRO™ UPGRADES FOR THE OFFICE OF PUBLIC UTILITIES (Requested by Mayor James O. Langfelder)
2015-336 AN ORDINANCE AUTHORIZING A CONTRACT EXTENSION UNDER CONTRACT NO. UW15-05-19 – WATER MAIN INSTALLATION WITH PETERSBURG PLUMBING AND EXCAVATING, LLC, FOR THE OFFICE OF PUBLIC UTILITIES (Requested by Mayor James O. Langfelder)
2015-337 AN ORDINANCE APPROVING A TELECOMMUNICATIONS FIBER CAPACITY LICENSE AGREEMENT WITH STRATUS NETWORKS FOR THE OFFICE OF PUBLIC UTILITIES (Requested by Mayor James O. Langfelder)
City Council Agenda 12 September 22, 2015
2015-338 AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF FOUR LEASE AGREEMENTS FOR A ONE-YEAR TERM FOR THE ADMINISTRATIVE SERVICES DIVISION FOR THE CITY OF SPRINGFIELD OFFICE OF PUBLIC UTILITIES (REQUESTED BY MAYOR JAMES O. LANGFELDER)
2015-339 AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $525,000,000 SENIOR LIEN ELECTRIC REVENUE REFUNDING BONDS, SERIES OF 2015, OF THE CITY OF SPRINGFIELD, SANGAMON COUNTY, ILLINOIS, PROVIDING FOR THE TERMS OF SECURITY AND PAYMENT FOR SAID BONDS, AUTHORIZING THE SALE OF SAID BONDS TO THE PURCHASERS THEREOF, DIRECTING THE EXECUTION OF AN ESCROW AGREEMENT IN CONNECTION WITH THE ISSUANCE OF SAID BONDS AND FURTHER AMENDING AND RESTATING THE CITY’S MASTER ELECTRIC REVENUE BONDS ORDINANCE (Requested by Mayor James O. Langfelder)
2015-340 AN ORDINANCE AMENDING CHAPTER 50 OF THE 1988 CITY OF SPRINGFIELD CODE OF ORDINANCES, AS AMENDED, REGARDING ELECTRIC UTILITY, FOR THE OFFICE OF PUBLIC UTILITIES (Requested by Mayor James O. Langfelder)
City Council Agenda 13 September 22, 2015
UNFINISHED BUSINESS NEW BUSINESS CITIZEN REQUESTS TO ADDRESS CITY COUNCIL EXECUTIVE SESSION ADJOURNMENT
Frank J Lesko Frank J. Lesko City Clerk
DISABILITY ACCESS STATEMENT City Council/Committee of the Whole Meetings are held in City Council Chambers which is wheelchair accessible. Individuals with hearing difficulties can request to use available FM auxiliary aids before the meeting by calling the City Clerk’s Office or talking to a Clerk’s Office employee in Chambers, Room 301, Municipal Center West 300 South Seventh St, Springfield, Illinois. Requests to receive an Agenda in an alternate format or other types of auxiliary aids and services must, when possible, be submitted to the City Clerk’s Office a minimum of 48 hours prior to the meeting. To contact the City Clerk’s Office, call 217-789-2216 (V). TTY users, call the Illinois Relay Center at 1-800-526-0844 (TTY) or 1-800-526-0857 (V).
CITY COUNCIL RULES AND PROCEDURE: Rule 8.1. Addressing the Council. Any person desiring to address the Council shall first be recognized by the presiding officer. Except for zoning matters and emergency ordinances, all requests by members of the public to address the Council during the Council’s consideration of “Ordinances and resolutions - final action,” shall be made to the Clerk in writing with the subject matter stated, not less than one (1) working day before the next scheduled Council meeting. Persons addressing the Council shall limit their statements to five minutes unless further time is granted by the presiding officer. This Rule shall not apply to officers and employees of the City of Springfield, Illinois. Any other comments by the public pertaining to City business shall be made during the Council’s Order of Business under “Public forum addressing City business.”
ORDINANCE FACT SHEET
DEPARTMENTAL INFORMATION
OFFICE REQUESTING: PUBLIC UTILITIES
EMERGENCY PASSAGE: ¥WINO If yes, list justification.
BUDGETARY/STAFFING INFORMATION
AGENDA NUMBER: _DATE OF FIRST READING: 09-22-15
STAFF MEMBER: TRACY JOHANSSON
FISCAL IMPACT: $ See Below
STAFFING IMPACT: None
BUDGETED: YESfNG. NEW POSITION: ¥WINO
TYPE OF ORDINANCE: Issuance of Electric Revenue Bonds Series 2015.
VENDOR/AWARD INFORMATION
CONTRACTOR NAME: Citigroup Global Markets Inc. NOT TO EXCEEDCONTRACT AMOUNT: $ 525,000,000.00
STAFF ANALYSIS: (This includes description of work, background on issue and the justification of why the ordinance was not low bid. If you needadditional space, please continue on the back of this form.)
This ordinance authorizes the Mayor to take the actions necessary to issue a series of electric revenue bonds (Senior Lien Seriesof 2015) that will be used to: (1) pay the costs of issuance of the bonds; and (2) refund the Senior Lien Series of 2006, which arecurrently outstanding in the aggregate principal amount of $270,095,000, the Senior Lien Series of 2007, which are currentlyoutstanding in the aggregate principal amount of $191 ,495,000 and the Senior Lien Series of 2008, which are currently outstandingin the aggregate principal amount of $94,710,000.
The principal amount of the 2015 Bonds associated with refunding the Electric Revenue Bonds may not exceed $525,000,000.00.The bonds will be issued in denominations of $5,000 or multiples thereof. The interest rate on the bonds may not exceed 5.25%per annum. The final maturity of the bonds may not be later than March 1, 2040. In order to execute the sale of any refundingbonds the greatest amount of debt service in any bond year shall not exceed $42,400,000.00.
The aggregate purchase price for the 2015 Bonds may not be less than 98% of the par amount. Operating within theseparameters, the Mayor is authorized to take the necessary actions to complete the sale of and closing on the Series 2015 Bonds.The Series 2015 Bonds will be issued as traditional fixed rate obligations under the Master Electric Bond Ordinance.
This ordinance also amends & restates the Master Electric Bond Ordinance. The modifications consist of the introduction ofCommercial Paper & Line of Credit Notes, opening up the financial system for transfers to the corporate fund, extending the auditdeadline to 150 instead of 120 days after the close of the fiscal year, and requiring a simple majority rather than 66 2/3rds majorityof bondholders to consent to further amendments.
The ordinance also authorizes various documents associated with the Bond Issuance, including a Bond Purchase Agreement withCitigroup Global Markets Inc., an Escrow Agreement, Continuing Disclosure Undertaking, payment to the City's Financial Advisor,Official Statements and the like.
yor's Office ~M (When applicable)The information supplied on this form is not confidential information.
ORDINANCE NUMBER -15
AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TOEXCEED $525,000,000 SENIOR LIEN ELECTRIC REVENUEREFUNDING BONDS, SERIES OF 2015, OF THE CITY OFSPRINGFIELD, SANGAMON COUNTY, ILLINOIS, PROVIDINGFOR THE TERMS OF SECURITY AND PAYMENT FOR SAIDBONDS, AUTHORIZING THE SALE OF SAID BONDS TO THEPURCHASERS THEREOF, DIRECTING THE EXECUTION OFAN ESCROW AGREEMENT IN CONNECTION WITH THEISSUANCE OF SAID BONDS AND FURTHER AMENDINGAND RESTATING THE CITY'S MASTER ELECTRIC REVENUEBONDS ORDINANCE
WHEREAS, the City of Springfield, Sangamon County, Illinois (the "City"), is a "home
rule unit" as that term is defined in Section 6(a) of Article VII of the 1970 Constitution of
Illinois, the City having a population in excess of 25,000 and having not elected by referendum
not to be such a home rule unit; and
WHEREAS, as a home rule unit the City may, under the power granted by said
Section 6(a) of Article VII of said Constitution of 1970 exercise any power and perform any
function pertaining to its government and affairs, including, but not limited to, the power to tax
and to incur debt; and
WHEREAS, the City owns and operates an electric system which serves the public; and
WHEREAS, the City Council of the City (the "City Council") has considered and
determined that interest rates available in the bond market may be cunently sufficiently
favorable that it is possible, proper and advisable to refund all or a portion of the hereinafter
defined Refunded Bonds at this time to take advantage of the debt service savings which will
result from such lower interest rates; and
WHEREAS, provided that celiain criteria are met, it is advisable that refunding bonds, as
hereinafter provided, be issued for the purpose of refunding all or a portion of the Refunded
Bonds and for related costs, which may include additional reserves (such refunding may be
hereinafter refened to as the "Refunding "); and
WHEREAS, for the purpose of providing for the Refunding, it is necessary for the City to
issue additional revenue bonds.
Now, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SPRINGFIELD,
SANGAMON COUNTY, ILLINOIS, in the exercise of its home rule powers:
Section 1. Short Title. This ordinance may hereafter be cited by the City, and is
hereinafter sometimes referred to, as the "Series 2015 Bond Ordinance. "
Section 2. Definitions. As used or referred to in this Series 2015 Bond Ordinance,
unless otherwise defined herein or unless the context otherwise requires, all words and terms
defined in Section 1.01 of Ordinance No. 857-8-84, adopted by the City Council of the City (the
"City Council") on August 21, 1984, and entitled: "An Ordinance of the City of Springfield,
Sangamon County, Illinois, Authorizing the Issuance and Sale of Electric Revenue Bonds and
Providing the TelIDS of and Security for Payment Thereof," as amended and supplemented
(herein called the "Master Bond Ordinance "), shall have the meaning ascribed thereto in said
Section 1.01. In addition, in this Series 2015 Bond Ordinance the following terms shall have the
following meanings:
"Bond Order" means one or more of the Bond Orders as authorized to be executed by
the Mayor in Section 17 of this Series 2015 Bond Ordinance and by which the final terms of one
or more of the Series 2015 Bonds will be established.
"Code" means the Intemal Revenue Code of 1986, as amended.
"Escrow Agent" means the bank or trust company, with trust powers and a corporate
trust office located in the State of Illinois, set fOlth in the Bond Order.
-2-
"Escrow Agreement" means the agreement by which the City effects the redemption of
celiain of the Refunded Bonds, which agreement shall provide for the deposit with the Escrow
Agent of the funds necessary to accomplish the purposes thereof, as more pmiicularly referred to
in Section 18 hereof.
"General Manager" means the General Manager, and also the Acting General Manager,
of the Office of Public Utilities of the City.
"Refunded Bonds" means the portion of the City's outstanding Series 2006 Bonds,
Series 2007 Bonds and Series 2008 Bonds identified in the Escrow Agreement.
"Refimding" means the refunding of the Refunded Bonds.
"Series 2006 Bonds" means the City's Electric Revenue Bonds, Senior Lien Series of
2006, which are currently outstanding in the aggregate principal amount of $270,095,000.
"Series 2007 Bonds" means the City's Electric Revenue Bonds, Senior Lien Series of
2007, which are currently outstanding in the aggregate principal amount of$191,495,000.
"Series 2008 Bonds" means the City's Electric Revenue Bonds, Senior Lien Series of
2008, which are currently outstanding in the aggregate principal amount of $94,710,000.
"Series 2015 Bonds" means the Senior Lien Electric Revenue Bonds, Series of 2015,
authorized by this Series 2015 Bond Ordinance.
"Underwriter" means Citigroup Global Markets Inc., as representative of the several
underwriters set fOlih in the Bond Purchase Agreement referred to in Section 15.
Section 3. Findings and Determinations. It is found and determined by the City
Council, as follows:
A. The City is a "home rule unit" as that term is defined in Section 6 ofArticle VII of the 1970 Constitution of the State of Illinois, and pursuant to the provisionsof Section 6(a) of Aliicle VII, the City may exercise any power and perform any functionpertaining to its government and affairs, including but not limited to the power to incurdebt.
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B. The Refunding may be undertaken by the City if the savmgs targetreferred to in Section 17 is met.
C. This Series 2015 Bond Ordinance is a Senior Lien Series Ordinance asreferred to in the Master Bond Ordinance.
D. The Series 2015 Bonds are issued pursuant to Section 6 of Article VII ofthe 1970 Constitution of the State of Illinois, and constitute Senior Lien Bonds issuedunder the provisions of Section 8.05 of the Master Bond Ordinance.
E. The only Outstanding Senior Lien Bonds are (i) the Series 2006 Bonds,(ii) the Series 2007 Bonds and (iii) the Series 2008 Bonds. There are no OutstandingJunior Lien Bonds or Outstanding Subordinate Bonds, other than the $15,000,000Revolving Line of Credit (Subordinate Lien) from Illinois National Bank.
Section 4. Authorization. The City does hereby authorize the Refunding, the funding
of the Senior Lien Debt Service Reserve Account and the making of all related expenditures as
provided in the Master Bond Ordinance and this Series 2015 Bond Ordinance (including the
payment of costs of issuance of the Series 2015 Bonds) and, for the purpose of paying the costs
of the Refunding, the City does hereby authorize the issuance of the Series 2015 Bonds in the
aggregate principal amount of not to exceed $525,000,000 to finance the Refunding.
Section 5. Terms of the Series 2015 Bonds. Each Series 2015 Bond shall be
designated "Senior Lien Electric Revenue Refunding Bond, Series of2015," or such other name
or names or series designations as may be appropriate and as stated in the Bond Order. The
Bond Registrar and Paying Agent for the Series 2015 Bonds shall be designated in the Bond
Order. The Series 2015 Bonds shall be issuable only as fully registered bonds in the
denominations of $5,000 or integral multiples thereof.
Each Series 2015 Bond shall bear a Dated Date as set forth in the Bond Order for the
Series 2015 Bonds. Each Series 2015 Bond shall bear interest from the later of its Dated Date or
the most recent Interest Payment Date to which interest has been paid or duly provided for.
Interest on the Series 2015 Bonds shall be payable on March 1, 2016, and semi-annually
thereafter on March 1 and September 1 of each year at the respective rates per annum, not in
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excess of five and one-quarter percent (5.25%) per annum, as detelmined in the Bond Order.
Interest shall be computed on the basis of a 360-day year consisting oftwelve 30-day months.
The Series 2015 Bonds shall have Stated Maturities on March 1 of the years and shall
mature in principal amounts, as determined in the Bond Order, subject to the limitations that
(i) the Stated Maturity for the Series 2015 Bonds shall not be later than March 1, 2040, and
(ii) the greatest amount of debt service on the Series 2015 Bonds due in any Bond Year shall not
exceed $42,400,000.
The principal and the Redemption Price of the Series 2015 Bonds shall be payable at the
principal corporate trust office of the Paying Agent for the Series 2015 Bonds. The interest on
the Series 2015 Bonds shall be paid by check or draft of the Paying Agent to the persons in
whose names such Series 2015 Bonds are registered, mailed by first class mail postage prepaid,
to their respective addresses as shown in the Bond Register, or by wire transfer pursuant to an
agreement by and between the City and the Registered Holder.
The Regular Record Date referred to in Section 4.09 of the Master Bond Ordinance for
the payment of the interest on the Series 2015 Bonds on any Interest Payment Date shall be the
15th day (whether or not a business day) of the calendar month next preceding such Interest
Payment Date or, for a redemption of the Series 2015 Bonds on other than an Interest Payment
Date, the fifteenth day next preceding the date of redemption.
Section 6. Exchangeability ofthe Series 2015 Bonds. Subject to the general provisions
relating to exchanges as set forth in Section 4.07 of the Master Bond Ordinance, all Series 2015
Bonds, upon surrender at the principal corporate trust office of the Bond Registrar for the
Series 2015 Bonds, shall be exchangeable for other Series 2015 Bonds of the same maturity,
coupon and aggregate principal amount and of a different authorized denomination or
denominations, as requested by the Holder surrendering the same. The City shall execute, and
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the Bond Registrar shall authenticate, date, and deliver, Series 2015 Bonds whenever the same
are required for any such exchange.
Section 7. Redemption Provisions of the Series 2015 Bonds. The Series 2015 Bonds
shall be subject to redemption as detelmined by the Bond Order and in accordance with the
general provisions relating to redemption as set forth in Article Six of the Master Bond
Ordinance, at the option of the City, in such order of Stated Maturities as selected by the City
and by lot within a Stated Maturity, at such Redemption Prices (expressed as a percentage of
principal amount) as determined by the Bond Order and not in excess of 102%, for such periods
of redemption (but not later than 10-1/2 years after the date of issue of the Series 2015 Bonds) as
determined by such Bond Order.
Such Series 2015 Term Bonds as determined by the Bond Order for the Series 2015
Bonds shall be subject to Mandatory Redemption by lot, at the Redemption Price of the principal
amount to be redeemed (plus accrued interest, if any) on the dates and in the amounts as
determined in such Bond Order.
Section 8. Effect ofRedemption of the Series 2015 Ten11 Bonds. Optional redemption
or purchase of Series 2015 Term Bonds, other than pursuant to Section 7.04 of the Master Bond
Ordinance, shall reduce the amounts due at Stated Maturity or subject to Mandatory Redemption
in such manner as shall be determined in an Officer's Certificate filed with the Bond Registrar
and Paying Agent prior to such optional redemption or purchase or otherwise pro rata (rounded
to the nearest $5,000 in any year, provided that such rounding shall not cause such reduction to
exceed the amount of the Series 2015 Term Bonds so redeemed or purchased) over the then
remaining complete Bond Years to Stated Maturity. Any variations from a strict pro rata
calculation due to required rounding shall result in reduction of the amounts due at Stated
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Maturity or subject to Mandatory Redemption in the inverse order of years, and the Mandatory
Redemption Requirement shall reduce accordingly.
Series 2015 Bonds (or portions thereof) for whose redemption and payment provision is
made in accordance with the Master Bond Ordinance shall cease to be entitled to the lien of the
Master Bond Ordinance and shall cease to bear interest fl.-om their respective Redemption Dates.
Section 9. Account Requirements. The account requirements expressly established
while any of the Series 2015 Bonds are outstanding are as follows:
A. The Mandatory Redemption Requirement for the Series 2015 Bonds isthat amount sufficient to provide for the Mandatory Redemption of the Series 2015 TermBonds for the years and in the principal amounts determined in the Bond Order. TheMandatory Redemption Requirement for any year may be met by purchase ofSeries 2015 Term Bon4s pursuant to tender offer or in the open market with amounts ondeposit to the credit of the Senior Lien Bond and Interest Account as provided inSection 7.04 of the Master Bond Ordinance.
B. If at any time the balance to the credit of the Senior Lien Debt ServiceReserve Account is less than the Senior Lien Debt Service Reserve Requirement, then theSenior Lien Debt Service Reserve Monthly Requirement shall be that amount which, inequal installments, will restore such balance to the amount of the Senior Lien DebtService Reserve Requirement in 12 consecutive months.
C. In lieu of the deposit of money in the Senior Lien Debt Service ReserveAccount in satisfaction of the Senior Lien Debt Service Reserve Requirement, the Citymay provide Qualified Reserve Account Instmments credited to the Senior Lien DebtService Reserve Account. The City shall not accept any insurance policy or surety bondas a Qualified Reserve Account Instmment until it shall have been provided with anopinion of counsel of the issuer of such Qualified Reserve Account Instmment that suchQualified Reserve Account Instmment is a valid and binding obligation of such issuerenforceable in accordance with its telms and is exempt from the registration requirementsof applicable Federal securities laws. Each such insurance policy or surety bond shall notpermit the cancellation thereof by the issuer. In computing the value of a QualifiedReserve Account Instmment, each insurance policy or surety bond shall be valued at theamount of the coverage under such insurance policy or surety bond that may be drawnupon by the City on such date of valuation. Any withdrawal from the Senior Lien DebtService Reserve Account shall be made from moneys or Permitted Investments heldtherein prior to the application of any amounts available from the use of QualifiedReserve Account Instmments.
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D. The Senior Lien Debt Service Reserve Requirement shall be theMaximum Annual Debt Service on all Outstanding Senior Lien Bonds.
E. The Renewal, Replacement and Improvement Monthly Requirement shallbe not less than one-fifteenth of the Renewal, Replacement and Improvement AnnualRequirement and shall be such greater amount in such months as shall be determined bythe City so that in each Bond Year the amount deposited to the credit of the Renewal,Replacement and Improvement Account will not be less than the Renewal, Replacementand Improvement Annual Requirement.
F. The Renewal, Replacement and Improvement AIIDual Requirement shallbe not less than ten percent (10%) of Revenues for the preceding Fiscal Year less costs offuel and purchased power, all as determined by the audited financial statements of theSystem for such Fiscal Year or, prior to delivery of same, by estimate of the City, or suchother percentage as may be determined from time to time by the City based upon therecommendation of a nationally recognized Independent consulting engineer, whichrecommendation shall be based upon prudent utility system management principles;provided, however, that the City may covenant in an ordinance, resolution, orproceedings for the issuance of Subordinate Bonds as to the maximum amount, of suchpercentage.
G. The Emergency Repair Monthly Requirement shall be not less than thatamount which, in equal installments, will establish or restore the balance on deposit to thecredit of the Emergency Repair Account to the Emergency Repair Requirement in24 consecutive months.
H. The Emergency Repair Requirement shall be not less than $4,000,000 orsuch other amount as may be determined from time to time by the City based upon therecommendation of a nationally recognized Independent consulting engineer, whichrecommendation shall be based upon prudent utility system management principles;provided, however, that the City may covenant in an ordinance, resolution, or proceedingfor the issuance of Subordinate Bonds as to the maximum amount of said requirement.
Section 10. Bond Registrar and Paying Agent. The City will at all times retain a Bond
Registrar and Paying Agent with respect to the Series 2015 Bonds, will maintain at the
designated office of such Bond Registrar and Paying Agent a place or places where Series 2015
Bonds may be presented for payment or registration of transfer or exchange, and will require that
the Bond Registrar properly maintain the Bond Register and perform the other duties and
obligations imposed upon it by the Master Bond Ordinance in a manner consistent with the
standards, customs, and practices of the municipal securities industry.
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The Bond Registrar shall signify its acceptance of the duties and obligations imposed
upon it by the Master Bond Ordinance by executing the certificate of authentication on any
Series 2015 Bond, and by such execution the Bond Registrar shall be deemed to have certified to
the City that it has all requisite power to accept and has accepted such duties and obligations not
only with respect to the Series 2015 Bond so authenticated but with respect to all the Series 2015
Bonds. The Bond Registrar is the agent of the City and shall not be liable in connection with the
performance of its duties except for its own negligence or willful wrongdoing. The Bond
Registrar shall, however, be responsible for any representation in its celiificate of authentication
on any of the Series 2015 Bonds.
The City may remove the Bond Registrar or the Paying Agent at any time upon 30 days'
written notice to the Bond Registrar and Paying Agent. In case at any time the Bond Registrar or
the Paying Agent shall resign, shall be removed, shall become incapable of acting, or shall be
adjudged bankrupt or insolvent, or if a receiver, liquidator, or conservator of the Bond Registrar
or the Paying Agent or of the propeliy thereof shall be appointed, or if any public officer shall
take charge or control of the Bond Registrar or the Paying Agent or of the property or affairs
thereof, the City will thereupon appoint a successor Bond Registrar or Paying Agent, as
applicable. The City shall mail notice, first class postage prepaid, of any such appointment made
by it to each Registered Holder of any Series 2015 Bond within twenty days after such
appointment.
Section 11. Book-Entry System. In order to provide for the initial issuance of the
Series 2015 Bonds in a form that provides for a system of book-entry only transfers, the
ownership of one fully registered Series 2015 Bond for each maturity, in the aggregate principal
amount of such maturity, shall be registered in the name of Cede & Co., as a nominee of The
Depository Trust Company, New York, New York, as securities depository for the Series 2015
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Bonds. The City is authorized to execute and deliver such letters to, or agreements with, the
securities depository as shall be necessary to effectuate such book-entry system.
The City may remove the securities depository at any time. In case at any time the
securities depository shall resign or shall be removed or shall become incapable of acting, then
the City shall appoint a successor securities depository to provide a system of book-entry only
transfers for the Series 2015 Bonds, by written notice to the predecessor securities depository
directing it to notify its participants (those persons for whom the securities depository holds
securities) of the appointment of a successor securities depository.
The City may terminate the system of book-entry only transfers for the Series 2015
Bonds at any time, by written notice to the securities depository directing it to notify its
participants of the availability of bond certificates. In such event, the City shall issue and the
Bond Registrar shall authenticate, register and deliver to the beneficial owners of the Series 2015
Bonds, bond celiificates in replacement of such beneficial owners' beneficial interests in the
Series 2015 Bonds, all as shown in the records maintained by the securities depositOlY.
Section 12. Form ofSeries 2015 Bonds. The Series 2015 Bonds shall be issued as fully
registered bonds and shall be in substantially the following form:
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No.
[Form of Series 2015 Bond]
CUSIPNo.UNITED STATES OF AMERICA
STATE OF ILLINOIS
COUNTY OF SANGAMON
CITY OF SPRINGFIELD
SENIOR LIEN ELECTRIC REVENUE REFUNDING BOND
SERIES OF 2015
INTEREST RATE PRINCIPAL AMOUNT MATURITY DATE
March 1, 20_
DATED DATE
Date of Delivery
THE CITY OF SPRINGFIELD, SANGAMON COUNTY, ILLINOIS, a municipal corporation and a
home mle unit (the "City"), acknowledges itself indebted and for value received hereby
promises to pay (but only from the sources herein refened to) to Cede & Co., the registered
owner hereof, or registered assigns, the principal amount specified above on the maturity date
specified above, and to pay interest on such principal amount from the Dated Date of this bond
or the most recent interest payment date to which interest has been paid at the interest rate per
annum specified above, computed on the basis of a 360-day year consisting of twelve 30-day
months and payable in lawful money of the United States of America on March 1, 2016, and
semiannually thereafter on March 1 and September 1 in each year until the principal amount
shall have been paid, by check or draft mailed to the registered owner of record hereof as of the
15th day of the calendar month next preceding such interest payment date, at the address of such
owner appearing on the registration books maintained by the City for such purpose at the
principal corporate tmst office of , in the City of
______, Illinois, as bond registrar and paymg agent or its successor (the "Bond
Registrar "), or by wire transfer pursuant to an agreement by and between the City and the
registered owner of this bond. This bond, as to principal and premium, if any, when due, will be
payable in lawful money of the United States of America upon presentation and sun-ender of this
bond at the principal corporate tmst office of the Bond Registrar.
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This bond is one of a series of bonds issued in the aggregate principal amount of
$ ( Dollars) (the "Series 2015 Bonds "), which are authorized
and issued under and pursuant to Section 6 of Article VII of the Illinois Constitution of 1970 and
under and in accordance with an ordinance adopted by the City Council of the City on
August 21, 1984, and entitled: "An Ordinance of the City of Springfield, Sangamon County,
Illinois, Authorizing the Issuance and Sale of Electric Revenue Bonds and Providing the Terms
of and Security for Payment Thereof," as amended and restated (the "Master Bond Ordinance "),
as amended and supplemented by an ordinance adopted by said City Council on .
2015, and entitled: "An Ordinance authorizing the issuance of not to exceed $525,000,000 Senior
Lien Electric Revenue Refunding Bonds, Series of 2015, of the City of Springfield, Sangamon
County, Illinois, providing for the terms of security and payment for said bonds, authorizing the
sale of said bonds to the purchasers thereof, directing the execution of an escrow agreement in
connection with the issuance of said bonds and fmiher amending and restating the City's Master
Electric Revenue Bonds Ordinance." The Master Bond Ordinance as so amended and restated is
herein called the "Bond Ordinance. "
This bond is payable solely from the revenues to be derived from the electric light plant
and system of the City (the "System ") and not otherwise. This bond does not constitute an
indebtedness of the City within any constitutional or statutory limitation or provision or a pledge
of the full faith and credit or the taxing power of the City.
The Series 2015 Bonds are "Senior Lien Bonds" as described in the Bond Ordinance and
are issued on a parity with the outstanding Senior Lien Electric Revenue Bonds, Series of 2006,
of the City (the "Series 2006 Bonds "), the outstanding Senior Lien Electric Revenue Bonds,
Series of 2007, of the City (the "Series 2007 Bonds "), the outstanding Senior Lien Electric
Revenue Bonds, Series of 2008, of the City (the "Series 2008 Bonds "), and any other Senior
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Lien Bonds (as hereinafter defined) that may be outstanding from time to time under the Bond
Ordinance. Pursuant to the Bond Ordinance, the City may hereafter issue additional Senior Lien
Bonds (herein called "Additional Bonds ") for the purposes, in the amounts and upon the
conditions set forth in the Bond Ordinance. The Series 2006 Bonds, the Series 2007 Bonds, the
Series 2008 Bonds and the Series 2015 Bonds and any Additional Bonds (herein collectively
called the "Senior Lien Obligations ") are payable from, and equally and ratably secured by a
pledge of, the revenues of the System. The City has heretofore and may hereafter issue "Junior
Lien Bonds" and "Subordinate Obligations" pursuant to the Bond Ordinance. Reference to the
Bond Ordinance is made for a description of the nature and extent of the security for this bond,
the revenues pledged, the nature and extent and manner of enforcement of the pledge and the
rights and remedies of the registered owners of Senior Lien Bonds with respect thereto.
Under the Bond Ordinance, the revenues to be derived from the operation of the System
will be deposited in a separate fund designated as the "Electric Light Revenue Fund" of the City,
which shall be used for paying the cost of operation and maintenance of the System and for
paying the principal of and interest on all obligations of the City that are payable by their terms
from the revenues of the System.
Subject to celiain limitations and exceptions contained in the Bond Ordinance, the rights
and obligations of the City and of the owners of the Senior Lien Bonds and the Junior Lien
Bonds and the provisions of the Bond Ordinance may from time to time be modified or amended
by a supplemental ordinance adopted by the City Council of the City with the written consent of
the owners of not less than a maj ority of the aggregate principal amount of the Senior Lien
Bonds and the Junior Lien Bonds then outstanding.
The Series 2015 Bonds maturing on or after March 1, 20_, are subject to redemption
prior to maturity at the option of the City and upon notice as hereinafter provided, in such
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principal amounts and from such maturities as the City shall determine, and by lot within a single
maturity, on March 1, 20_, and on any date thereafter, at a redemption price equal to the
principal amount thereof to be redeemed plus, if such Series 2015 Bond is to be redeemed during
any period (both dates inclusive) shown in the following table, the applicable redemption
premium, expressed as a percentage of such principal amount, set forth opposite such period:
REDEMPTION PERIOD REDEMPTION PREMIUM
The Series 2015 Bonds maturing on March 1, 20_, are subject to mandatory redemption
(to the extent that the mandatory redemption requirement has not otherwise been satisfied), by
lot at a redemption price equal to the principal amount thereof to be redeemed, and upon notice
as hereinafter provided, on March 1 of the years and in the principal amounts as follows:
YEAR AMOUNT
Notice of the redemption of Series 2015 Bonds will be mailed not less than 30 days nor
more than 60 days prior to the date fixed for such redemption to the registered owners of
Series 2015 Bonds to be redeemed at their last addresses appearing on such registration books.
The Series 2015 Bonds or portions thereof specified in said notice shall become due and payable
at the applicable redemption price on the redemption date therein designated, and if, on the
redemption date, moneys for payment of the redemption price of all the Series 2015 Bonds or
portions thereof to be redeemed, together with interest to the redemption date, shall be available
for such payment on said date, and if notice of redemption shall have been mailed as aforesaid
(and notwithstanding any defect therein or the lack of actual receipt thereof by any registered
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owner) then from and after the redemption date interest on such Series 2015 Bonds or portions
thereof shall cease to accrue and become payable.
This bond is transferable only upon such registration books by the registered owner
hereof in person, or by his attorney duly authorized in writing, upon surrender hereof at the
principal corporate trust office of the Bond Registrar together with a written instrument of
transfer satisfactory to the Bond Registrar duly executed by the registered owner or by his duly
authorized attorney, and thereupon a new registered Series 2015 Bond or Series 2015 Bonds, in
the authorized denominations of $5,000 or any integral multiple thereof and of the same
aggregate principal amount, maturity and interest rate as this bond shall be issued to the
transferee in exchange therefor. In like manner, this bond may be exchanged for an equal
aggregate principal amount of Series 2015 Bonds of the same maturity and interest rate and of
any of such authorized denominations. The City or the Bond Registrar may make a charge
sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with
respect to the transfer or exchange of this bond. No service charge shall be made for the
privilege of making such transfer or exchange, other than celiain exchanges as provided in the
Bond Ordinance.
This bond shall not be valid or become obligatory for any purpose until the celiificate of
authentication hereon shall have been duly executed by the Bond Registrar.
It is hereby celiified, recited and declared that all acts, conditions and things required to
be done, exist and be performed precedent to and in the issuance of this bond in order to make it
a legal, valid and binding obligation of the City have been done, exist and have been performed
in regular and due time, form and manner as required by law, and that the series of bonds of
which this bond is one, together with all other indebtedness of the City is within every debt or
other limit prescribed by law.
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IN WITNESS WHEREOF, THE CITY OF SPRINGFIELD, SANGAMON COUNTY, ILLINOIS, by its
City Council, has caused this bond to be executed in its name and on its behalf by the manual or
duly authorized facsimile signature of its Mayor, and its corporate seal, or a facsimile thereof, to
be hereunto affixed or otherwise reproduced hereon and attested by the manual or duly
authorized facsimile signature of its City Clerk.
CITY OF SPRINGFIELD, SANGAMON COUNTY,ILLINOIS
Mayor
ATTEST:
City Clerk(SEAL)
Date of Authentication: -------
CERTIFICATEOF
AUTHENTICATION
This Bond is one of the Senior LienElectric Revenue Refunding Bonds, Seriesof2015, described in the within mentionedBond Ordinance.
as Bond Registrar
By _Authorized Signer
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[Form of Assignment]
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto _
the within bond and hereby inevocably constitutes and appoints _
attorney to transfer the said bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated: -------------
Signature Guarantee: _
NOTICE: The signature to this assignment must correspond with the name of the registeredowner as it appears upon the face of the within bond in every particular, withoutalteration or enlargement or any change whatever.
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Section 13. Tax Covenants. The City hereby covenants that it will not take any action,
omit to take any action, omit to take any action or permit the taking or omission of any action
within its control (including, without limitation, making or permitting any use of the proceeds of
the Series 2015 Bonds) if taking, permitting or omitting to take such action would cause any of
the Series 2015 Bonds to be an arbitrage bond or a private activity bond within the meaning of
the Code or would otherwise cause the interest on the Series 2015 Bonds to be included in the
gross income of the recipients thereof for Federal income tax purposes. The City acknowledges
that, in the event of an examination by the Internal Revenue Service of the exemption from
Federal income taxation for interest paid on the Series 2015 Bonds, under present rules, the City
is treated as the "taxpayer" in such examination and agrees that it will respond in a commercially
reasonable manner to any inquiries from the Internal Revenue Service in cOllilection with such an
examination. In fmiherance of the foregoing provisions, but without limiting their generality, the
City agrees: (a) through its officers, to make such fmiher specific covenants, representations as
shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all
representations, covenants, and assurances contained in celiificates or agreements as may be
prepared by counsel approving the Series 2015 Bonds; (c) to consult with counsel and to comply
with such advice as may be given; (d) to file such fmills, statements, and suppmiing documents
as may be required and in a timely manner; and (e) if deemed necessary or advisable by its
officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist
the City in such compliance.
Section 14. Rebate Fund The City hereby establishes a special fund designated as the
"2015 Rebate Fund." In the event that the City shall invest moneys that are allocable to the
Series 2015 Bonds in any investments which generate income that must be rebated or paid to the
United States of America pursuant to Section 148(f) of the Code, such income shall be deposited
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in the 2015 Rebate Fund. Moneys in the 2015 Rebate Fund shall be applied to pay such sums as
are required to be paid to the United States of America pursuant to Section 148(f) of the Code
and are hereby appropriated and set aside for such purpose. Moneys in the 2015 Rebate Fund
that are not required to be paid to the United States of America may be withdrawn by the City
and deposited into the Electric Light Revenue Fund.
Section 15. Approval of Documents. The form of Bond Purchase Agreement by and
between the City and the Underwriter on file in the office of the City Clerk is hereby approved.
In connection with the sale of the Series 2015 Bonds, the Mayor is authorized and directed to
execute and deliver a Bond Purchase Agreement in substantially the form of the Bond Purchase
Agreement on file in the office ofthe City Clerk, together with such changes and completions as
may be approved by the Mayor, subject to the limitations of this Series 2015 Bond Ordinance.
Prior to the execution and delivery of the Bond Purchase Agreement, the Mayor shall find and
determine that no person holding any office of the City, either by election or appointment, has a
prohibited interest in the Bond Purchase Agreement, as such interests are set fOlih in the Public
Officer Prohibited Activities Act, as amended (50 ILCS 105/0.01 etc.). The execution and
delivery of the Bond Purchase Agreement shall constitute conclusive evidence of the approval of
such changes and completions.
The form of Preliminary Official Statement of the City with respect to the Series 2015
Bonds in substantially the form on file in the office of the City Clerk with such changes,
omissions, inseliions and revisions as the Mayor shall deem advisable, the distribution thereof to
prospective purchasers and the use thereof by the Underwriter in connection with the offering of
the Series 2015 Bonds is authorized and approved. The Mayor is authorized to "deem final" the
Preliminary Official Statement as of its date for purposes of Securities and Exchange
Commission Rule 15(c)2-12 promulgated under the Securities Exchange Act of 1934, as
amended (the "Rule 15(c)2-12"). The Mayor is authorized to permit the distribution ofthe final
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Official Statement with such changes, omissions, insertions and revisions as the Mayor shall
deem advisable.
The fmID of Escrow Agreement by and between the City and the Escrow Agent on file in
the office of the City Clerk is hereby approved. In connection with the sale of the Series 2015
Bonds for the Refunding, the Mayor is authorized and directed to execute and deliver an Escrow
Agreement in substantially the form of the Escrow Agreement on file in the office of the City
Clerk, together with such changes and completions as may be approved by the Mayor, subject to
the limitations of this Series 2015 Bond Ordinance. The execution and delivery of the Escrow
Agreement shall constitute conclusive evidence of the approval of such changes and
completions.
The Mayor, General Manager and any other officers or officials of the City, as shall be
appropriate, are hereby authorized to take any action as may be required on the part of the City to
consummate the transactions contemplated by the Bond Purchase Agreement, the Escrow
Agreement, this Series 2015 Bond Ordinance, the Preliminary Official Statement, the Official
Statement and the Series 2015 Bonds.
Section 16. Bond Insurance. In the event the payment of principal of and interest on the
Series 2015 Bonds is insured pursuant to a municipal bond insurance policy (a "Municipal Bond
Insurance Policy!J) issued by a bond insurer (a "Bond Insurer !J), and as long as such Municipal
Bond Insurance Policy shall be in full force and effect, the City, the Bond Registrar and the
Paying Agent agree to comply with such usual and reasonable provisions, as approved by the
Mayor on advice of counsel, regarding presentment and payment of Series 2015 Bonds,
subrogation of the rights of Series 2015 Bondholders to the Bond Insurer when holding
Series 2015 Bonds, amendment hereof, or other telIDs, his approval to constitute full and
complete acceptance by the City of such terms and provisions under authority of this Section.
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Section 17. Sale ofBonds. Subject to the limitations contained in this Series 2015 Bond
Ordinance, authority is delegated to the Mayor for a period of six-months from the passage of
this Series 2015 Bond Ordinance, (i) to sell the Series 2015 Bonds to the Underwriter, in one or
more series upon the terms as prescribed in this Series 2015 Ordinance, provided that (a) the
aggregate purchase price of the Series 2015 Bonds shall be not less than 98% of the par amount
of the Series 2015 Bonds; and (b) the true interest cost of the Series 2015 Bonds shall not exceed
five percent (5.00%); and (ii) to determine the principal amount of the Series 2015 Bonds to be
issued and all of the terms and details of the Series 2015 Bonds not specified or determined in
this Series 2015 Bond Ordinance.
The Mayor may choose all or any lesser pOliion of the Refunded Bonds to be refunded, in
such manner as will provide debt service savings in one or more fiscal years. Nothing in this
Section shall require the Mayor, however, to sell any of the Series 2015 Bonds for the Refunding
if in his judgment, aided by the Underwriter and Stifel, Nicolaus & Company, Inc., St. Louis,
Missouri, the City's municipal advisor in connection with the sale of the Series 2015 Bonds (the
"Municipal Advisor "), the conditions in the bond markets shall have changed from the time of
adoption hereof or the sale of all or any pOliion of the Series 2015 Bonds for the Refunding shall
for some other reason not be deemed advisable, but the Mayor shall have the authority to sell the
Series 2015 Bonds in one or more series in any event so long as the limitations set fOlih in this
Series 2015 Bond Ordinance and the conditions of this Section shall have been met.
The sale of the Series 2015 Bonds and the determination of the details of the Series 2015
Bonds shall be evidenced in one or more "Bond Orders", which shall be executed by the Mayor
and filed in the office of the City Clerk prior to the issuance of respective series of Series 2015
Bonds.
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Section 18. Application ofProceeds. The net proceeds of sale of the Series 2015 Bonds
shall be paid or applied as follows:
A. To the Bond Insurer that issues a Municipal Bond Insurance Policy withrespect to any of the Series 2015 Bonds, the amount of the bond insurance premiumpayable on the date of issuance of the Series 2015 Bonds.
B. To the City Treasurer for deposit to the Senior Lien Debt Service ReserveAccount, the amount required so that the sum held therein equals the Senior Lien DebtService Reserve Requirement.
C. To the Escrow Agent the amount necessary from the proceeds of theSeries 2015 Bonds, together with such money in the Senior Lien Bond and InterestAccount relating to the Refunded Bonds as may be advisable for the purpose, shall beused to provide for the refunding of the Refunded Bonds, and the payment of suchexpenses as may be designated, pursuant to the provisions of the Escrow Agreement.Subject only to the delivery of the Series 2015 Bonds, the Refunded Bonds as are to berefunded with the proceeds of the Series 2015 Bonds are hereby called for redemption ontheir first call dates and upon the telIDS and provisions as provided in the EscrowAgreement. The Underwriter, the Municipal Advisor and the Escrow Agent be and thesame are each hereby authorized to act as agent for the City in the purchase of theGovernment Obligations described and set fOlih in the Escrow Agreement. AnyGovernment Obligations other than SLGS (Obligations of the State and LocalGovemment Series) shall be purchased only after a competitive bidding procedure asdirected by the Municipal Advisor.
D. To the City Treasurer for deposit to a special trust fund hereby establishedand designated as the "2015 Costs of Issuance Fund," the remaining proceeds of sale ofthe Series 2015 Bonds, to pay the costs of issuance of the Series 2015 Bonds.
Section 19. Disbursements fi'om 2015 Costs ofIssuance Fund The City Treasurer may
at any time, upon the direction of the Director of the City's Office of Budget and Management or
his designee, (i) withdraw moneys from the 2015 Costs ofIssuance Fund to pay costs of issuance
of the Series 2015 Bonds, or (ii) transfer moneys from the 2015 Costs of Issuance Fund to the
Senior Lien Bond and Interest Account to pay interest on the Series 2015 Bonds.
The moneys in the 2015 Costs of Issuance Fund are appropriated for the payment of costs
of issuance of the Series 2015 Bonds, but may hereafter be reappropriated and used for other
purposes related to the System if such reappropriation and use is pelIDitted by Illinois law and
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the Master Bond Ordinance and will not adversely affect the exclusion from gross income for
Federal income tax purposes of interest on the Series 2015 Bonds.
Funds on deposit in the 2015 Costs of Issuance Fund may be invested by the City
Treasurer in Permitted Investments; provided, such investments shall be scheduled to come due,
are redeemable or otherwise funds are available, before needed to pay costs of issuance of the
2015 Bonds.
Section 20. Continuing Disclosure Undertaking. The Mayor or the General Manager is
hereby authorized, empowered, and directed to execute and deliver a Continuing Disclosure
Undertaking under Rule 15c2-12 (the "Continuing Disclosure Undertaking") in substantially the
form on file in the office of the City Clerk with such changes, omissions, insertions and revisions
as the official executing the Continuing Disclosure Undertaking on behalf of the City shall
approve, his or her execution thereof to constitute conclusive evidence of his or her approval of
such changes. When the Continuing Disclosure Undertaking is executed and delivered on behalf
of the City as herein provided, the Continuing Disclosure Undertaking will be binding on the
City and the officers, employees, and agents of the City, and the officers, employees, and agents
of the City are hereby authorized, empowered, and directed to do all such acts and things and to
execute all such documents as may be necessary to ca11'Y out and comply with the provisions of
the Continuing Disclosure Undeliaking as executed. Notwithstanding any other provision of this
Ordinance, the sole remedies for failure to comply with the Continuing Disclosure Undeliaking
shall be the ability of the beneficial owner of any Bond to seek mandamus or specific
performance by cOUli order, to cause the City to comply with its obligations under the
Continuing Disclosure Undertaking.
Section 21. Amendment ofthe Master Bond Ordinance. The City hereby determines to
amend and restate the Master Bond Ordinance. The amendments provided for in this Section
shall take effect when consented to and approved by the Holders of Bonds in the manner
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provided by Article Twelve of the Master Bond Ordinance. For the purpose of obtaining the
required approval of the Holders of Bonds to such amendments, each Holder of any Senior Lien
Bond (including any Series 2015 Bond) or any Junior Lien Bond issued after the date of
enactment of this Series 2015 Bond Ordinance shall be deemed to have consented to and to have
approved each such amendment as pmi of the contract between the City and such Holder.
Attached as Exhibit A hereto is the amended and restated Master Bond Ordinance, which
sets fOlih the amendments approved hereby, together with such additional changes as may be
approved by the Mayor on advice of counsel.
Section 22. Ordinance to Constitute a Contract. The provisions of this Series 2015
Bond Ordinance shall constitute a contract between the City and the owners of the Series 2015
Bonds. Any pledge made in this Series 2015 Bond Ordinance and the provisions, covenants and
agreements herein set fOlih to be performed by or on behalf of the City shall be for the equal
benefit, protection and security of the owners of any and all of the Series 2015 Bonds. All of the
Series 2015 Bonds, regardless of the time or times of their issuance, shall be of equal rank:
without preference, priority or distinction of any of the Series 2015 Bonds over any other thereof
except as expressly provided in or pursuant to this Series 2015 Bond Ordinance.
Section 23. Record-Keeping Policy and Post-Issuance Compliance Matters. On
July 17, 2012, the City Council, by passage of Ordinance Number 253-7-12, adopted a
record-keeping policy (the "Policy") in order to maintain sufficient records to demonstrate
compliance with its covenants and expectations to ensure the appropriate federal tax status for
the debt obligations of the City which constitute water revenue and electric revenue obligations,
the interest on which is excludable from "gross income" for federal income tax purposes or
which enable the City or the holder to receive federal tax benefits, including, but not limited to,
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qualified tax credit bonds and other specified tax credit bonds. The City Council and the City
hereby reaffirm the Policy.
Section 24. Publication. The City Clerk is hereby authorized and directed to publish
this Series 2015 Bond Ordinance in pamphlet form and to file copies thereof for public
inspection in his office.
Section 25. Severability. If any section, paragraph, clause or prOVISIOn of this
Series 2015 Bond Ordinance shall be held invalid or unenforceable for any reason, the invalidity
or unenforceability of such section, paragraph, clause or provision shall not affect any of the
other provisions of this Series 2015 Bond Ordinance.
Section 26. Repealers. All ordinances, resolutions or orders, or parts thereof, of the
City in conflict with the provisions of this Series 2015 Bond Ordinance are repealed to the extent
of such conflict.
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Section 27. Effective Date. This Series 2015 Bond Ordinance shall become effective
immediately upon its passage, approval and recording by the City Clerk.
Passed: ____,2015 Signed: _~__,2015
Recorded: , 2015-----
Attest:City Clerk
Frank J. Lesko
Requested by: Mayor James O. Langfelder
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MayorJames O. Langfelder
Approved as to legal sufficiency:
EXHIBIT A
AMENDED AND RESTATED MASTER BOND ORDINANCE
ORDINANCE FACT SHEET
DEPARTMENTAL INFORMATION
OFFICE REQUESTING: PUBLIC UTILITIES
AGENDA NUMBER:DATE OF 1ST READING: 09-22-15
ORDINANCE REQUEST NUMBER:
STAFF MEMBER: TRACY JOHANSSON
EMERGENCY PASSAGE: YES/NG If yes, list justification.
BUDGETARY/STAFFING INFORMATION
FISCAL IMPACT: $ stabilize electric fund BUDGETED: N/A
STAFFING IMPACT: N/A
TYPE OF ORDINANCE: City Code Amendment
ACCOUNTING INFORMATION: N/A
PRIOR ORDINANCE INFORMATION: Not Applicable.
VENDOR/AWARD INFORMATION
NEW POSITION: N/A
CONTRACT TERM: ~N~/A'__'__ _
CONTRACTOR NAME: --'-'-N/~A"-- CONTRACT AMOUNT: $ N/A(Original Amount if Change Order)
TYPE OF AWARD: N/A
CHANGE IN SCOPE Y -lLN CHANGE ORDER # N/A ADDT'L AMOUNT $__-"O..:....;:.O:...=.O
STAFF ANALYSIS: (This includes description of work, background on issue and the justification of why theordinance was not low bid. If you need additional space, please continue on the back of this form.)
This ordinance amends City Code Chapter 50 regarding the Electric Utility.
This ordinance modifies existing provisions related to electric rates, charges, and the fueladjustment calculation. CWLP is proposing to restructure electric rates in order to stabilizerevenues to the utility, which now vary widely throughout the year primarily due to weather andusage fluctuations. This change will put CWLP's rate structure in line with the industry, while alsokeeping overall electric charges competitive in the region.
Under the rate restructuring proposal, the Customer Charge increases while the Energy Ratedecreases. An average residential customer will see a decrease on their overall electric chargesunder the proposed rate restructuring. The bill impact on other customer categories will varydepending on rate classification and energy usage. Beginning March 1,2017, all customer chargeswill be subject to an adjustment according to the Consumer Price Index for the Midwest RegionSize Class BIC (Population 50,000 to 1,500,000) rounded to the nearest tenth of one percent,except where the CPI factor is zero or less.
The 07dinanc changes will become effective on January 1, 2016.
SIGN OFF.; I ayor's Office OBM(When Applicable)
Rev: 6-21-96 The information supplied on this form is not confidential information.
AN ORDINANCE AMENDING CHAPTER 50 OF THE 1988 CITY OF SPRINGFIELD CODE OFORDINANCES, AS AMENDED, REGARDING ELECTRIC UTILITY,FOR THE OFFICE OF PUBLIC UTILITIES
WHEREAS, the City of Springfield is a home rule unit as defined in Article VII, Section 6(a) of the 1970Illinois Constitution and has jurisdiction over matters pertaining to its government and affairs, and
WHEREAS, this ordinance amends City Code Chapter 50 regarding the Electric Utility, and
WHEREAS, this ordinance modifies existing provisions related to electric rates, charges, and the fueladjustment calculation, and
WHEREAS, beginning March 1, 2017, all customer charges will be subject to an adjustment accordingto the Consumer Price Index for the Midwest Region Size Class BIC (Population 50,000 to 1,500,000) roundedto the nearest tenth of one percent, except where the CPI factor is zero or less, and
WHEREAS, it is in the best interest of the City to amend Chapter 50.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SPRINGFIELD,ILLINOIS:
Section 1: The City Council of the City of Springfield, Illinois, hereby amends Chapter 50 of the1988 City of Springfield Code of Ordinances, as amended, as outlined in Exhibit A of this Ordinance, which isattached hereto and made a part hereof.
Section 2: The City of Springfield Office of the City Clerk is hereby directed to publish thisordinance in pamphlet form.
Section 3: This ordinance shall become effective on January 1, 2016.
PASSED: _________, 2015 SIGNED: , 2015
RECORDED: , 2015
ATTEST:City Clerk
Requested by: Mayor Langfelder
Mayor
Approved as to legal sufficiency:
*= I 9~r5-/5Office of torporation Counsell Date
Page 1 of 9
EXHIBIT A TO ORDINANCE
CHAPTER 50. - ELECTRIC UTILITYARTICLE I. - GENERAL TERMS AND CONDITIONS
§ 50.01. - Definitions.For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a
different meaning.
City water, light, and power (sometimes "CWLP"). The municipal utility of the office of public utilities.
Electric division or utility. The electric utility of city water, light, and power.
General manager. The general manager of the office of public utilities.
General service customer. Any person that is qualified in accordance with and subject to section 50.30 Rateschedules 40, 42, 44, 46, 48, or 58 of this chapter.
KVA. Kilovolt ampere.
KW and KWH. Kilowatt and kilowatt hour.
Multi-use development. Development of property which combines two or more types of uses as described in sections50.06 through 50.09.
Person. Any individual, partnership, corporation, group, or association.
Prior Year Customer Charge ("PYCCIJ). The dollar amount of the prior year's customer charge.
Residential service customer. Any person that is qualified in accordance with and subject to section 50,30 Rateschedules 30 or 34.
Senior citizen residential service customer. Any person that is qualified in accordance with and subject to section50.30 Rate schedules 33 or 37.
(Ord. No. 935-12-93, § 1,12-7-93; Ord. No. 670-9-95, § 1(Exh. H), 9-19-95; Ord. No. 226-7-12, Exh. A, 7-3-12)
§ 50.02. through § 50.25. Language Remains the Same.
§ 50.26. - Southern View utility tax.(a) Residential rates:
(1) All residential rate schedules and charges contained herein in Section 50.30 shall apply to and shall beincreased by the following amounts per kilowatt hour for residential customers within the corporate boundariesof the Village of Southern View.
Kilowatt Hours Rate perper Month Kilowatt Hour
First 2,000 $0.0033
Next 48,000 0.0022
Next 50,000 0.0020
Next 400,000 0.0019
Next 500,000 0.0019
Next 2,000,000 0.0017
Page 2 of 9
(2) An additional $0.10 shall be added to the monthly customer charge of each residential electric customer locatedwithin the corporate boundaries of the Village of Southern View to compensate city water, light and power forthe costs of administering the Southern View Municipal Utility Tax.
(b) Nonresidential rates:
(1) Effective December 1, 2000, all nonresidential rate schedules for nonresidential customers within the corporateboundaries of the Village of Southern View shall be increased to match the same increases per kilowatt hour asthe residential rate schedule outlined in section 50.26(a) above.
(2) Effective December 1, 2000, an additional $0.10 shall be added to the monthly customer charge of eachnonresidential electric customer located within the corporate boundaries of the Village of Southern View tocompensate city water, light and power for the costs of administering the Southern View Municipal Utility Tax.
(Ord. No. 272-5-99, § 1, 5-18-99; Ord. No. 82-12-12, § 1(Exh. A), 2-28-12)
§ 50.27. through § 50.29. Language Remains the Same.
ARTICLE II. - RATE SCHEDULES§ 50.30. - Rate schedules.(a) Residential service. Designation: Rate 30.
(1) Application. To all residential customers in single-dwelling units for single phase service taken through a singlemeter for domestic use. For multiple-unit dwellings, refer to the general terms and conditions. This schedule alsoincludes three-phase residential service installed after January 1, 1972, will be served under subsection (c),Rate 40.
(2) Nature of service. Alternating current, 60 cycle, single-phase 120/240 nominal volts.
(3) Rates (monthly).
a. Winter (September 15 through May 14) $Q.QQ43 0.1008 0.0988 per KWH.
b. Summer (May 15 through September 14) $Q.1mH~ 0.1162 0.1139 per KWH.
(4) Customer charge. $3.liQ 5.76 8.76 per month.
(5) Fuel adjustment. Pursuant to the general terms and conditions.
(6) Terms and conditions. The general terms and conditions of city water, light, and power shall apply to thisschedule.
(b) Residential service. Electric Heat. Designation: Rate 34
(1) Application. To all residential customers for all domestic use taken through a single meter when single-phaseelectric power is the primary source of energy used in heating the premises. All domestic dwelling units totallyheated by electricity and serviced on Rate 50 prior to January 1, 1972, will qualify for this schedule.
(2) Nature of service. Alternating current, 60 cycle, single phase 120/240 nominal volts.
(3) Rates (monthly).
a. Winter (September 15 through May 14) $Q.Q~li4 0.09120.0894 per KWH.
b. Summer (May 15 through September 14) $Q.1QS~ 0.1162 0.1139 per KWH.
(4) Customer charge. $3.liQ 5.76 8.76 per month.
(5) Fuel adjustment. Pursuant to the general terms and conditions.
(6) General terms and conditions. The general terms and conditions of city water, light, and power shall apply to thisschedule.
(c) General service-Small. Designation: Rate 40.
(1) Application. To all customers for single-phase nonresidential, institutional, and commercial use, or for threephase, residential, nonresidential, institutional, and commercial use taken through a single meter at the utilitystandard secondary voltage.
Page 3 of 9
(2) Nature of service.
a. Service will be delivered at no more than one utilization voltage, one point of delivery, and one meter; anyexception to the above will be treated as supplemental facilities. Such utilization voltage may be anyone ofthe following:
1. Alternating current, 60 cycle, single-phase, 120/240 nominal volts.
2. Alternating current, 60 cycle, three-phase, 120/240 nominal volts.
b. When available, and at the customer's request, the utility will supply the following for combined light andpower:
1. Alternating current, 60 cycle, three-phase, 120/208 nominal volts; or
2. Alternating current, 60 cycle, three-phase, 2771480 nominal volts.
(3) Rates (monthly).
a. Demand charge.
Winter (September 15 through May 14) $7.@400 8.16 8.45 per f<MJ demand.
Summer (May 15 through September 14) $9.2400 9.8710.22 per KW demand.
b. Energy charge.
Winter (September 15 through May 14) $0.09070.09690.0959 per KWH.
Summer (May 15 through September 14) $0.09g7 0.1055 0.1044 per KWH.
c. Customer charge. $7.05 9.5517.55 per month.
(4) Fuel adjustment. Pursuant to the general terms and conditions.
(5) Determination of demand. City water, light, and power, at its option, may determine the customer's actualdemand either by permanently installed demand instruments or by demand tests. The demand will be thehighest average kilowatt demand measured in any 15-minute period during the month. The minimum demandshall be one KW.
(6) General terms and conditions. The general terms and conditions of the city water, light, and power shall apply tothis schedule.
(d) General service-Single meter space heating. Designation: Rate 42.
(1) Application. To all customers taking nonresidential, institutional, and commercial service through a single meterwhen electric power is the primary source of energy used in heating the premises.
(2) Nature of service.
a. Service will be delivered at no more than one utilization voltage, one point of delivery, and one meter; anyexception to the above will be treated as supplemental facilities. Such utilization voltage may be anyone ofthe following:
1. Alternating current, 60 cycle, single-phase 120/240 nominal volts.
2. Alternating current, 60 cycle, three-phase, 120/240 nominal volts.
b. When available, and at the customer's request, the utility will supply the following for combined light andpower:
1. Alternating current, 60 cycle, three-phase, 120/208 nominal volts; or
2. Alternating current, 60 cycle, three-phase, 2771480 nominal volts.
(3) Rates (monthly).
a. Demand charge.
Winter (September 15 through May 14) $7.@400 8.168.45 per f<MJ demand.
Summer (May 15 through September 14) $9.920010.6010.97 per f<MJ demand.
Page 4 of 9
b. Energy charge.
Winter (September 15 through May 14) $O.OS19 0.0875 0.0866 per KWH.
Summer (May 15 through September 14) $O.OSS€i 0.0947 0.0938 per KWH.
c. Customer charge. $11.7@ 14.57 22.57 per month.
(4) Fuel adjustment. Pursuant to the general terms and conditions.
(5) Determination of demand. City water, light, and power, at its option, may determine the customer's actualdemand either by permanently installed demand instruments or by demand tests. The demand will be thehighest average kilowatt demand measured in any 15-minute period during the month.
(6) General terms and conditions. The general terms and conditions of city water, light, and power shall apply to thisschedule.
(7) Primary metering discount. 2% of total bill when city water, light, and power elects to meter at 2400 volts orabove.
(8) Transformer ownership discount. 2% of total bill when customer, with city water, light, and power approval,furnishes, installs, and maintains the transformer or transformers that reduce the voltage from 2400 volts orabove to the voltage used by the customer.
(9) Combination discount. 4% of total bill for customer who, with city water, light, and power approval, furnishes,installs, and maintains his own transformers, and city water, light, and power elects to meter at 2400 volts orabove.
(e) General service-Separate meter space heating. Designation: Rate 44.
(1) Application.
a. To general service customers taking electric service under another general service schedule, this service islimited to permanently installed, separately metered electric space heating that is the primary source ofheat for the space heated.
b. When winter space heating is accomplished by heat pump equipment, summer cooling by the sameequipment will be permitted on this schedule.
c. When winter space heating is accomplished by resistance units permanently installed and thermostaticallycontrolled during the entire heating season, summer air conditioning will be permitted to the extent that theconnected horsepower of summer air conditioning shall not exceed 70% of the kilowatts of permanentlyinstalled, automatically controlled radiant, or resistance units.
d. Water heating equipment may be installed under this schedule provided its electrical capacity does notexceed that of the heating system.
(2) Nature of service.
a. Service will be delivered at no more than one utilization voltage, one point of delivery, and one meter; anyexception to the above will be treated as supplemental facilities. Such utilization voltage may be anyone ofthe following:
1. Alternating current, 60 cycle, single-phase 120/240 nominal volts.
2. Alternating current, 60 cycle, three-phase, 120/240 nominal volts.
b. When available, and at the customer's request, the utility will supply the following for combined light andpower:
1. Alternating current, 60 cycle, three-phase, 120/208 nominal volts; or
2. Alternating current, 60 cycle, three-phase, 2771480 nominal volts.
(3) Rates (monthly).
a. Energy charge.
Winter (September 15 through May 14) $O.09S€i 0.1053 0.1042 per KWH.
Summer (May 15 through September 14) $O.10SS 0.1162 0.1150 per KWH.
Page 5 of 9
b. Customer charge. $7.98 9.55 17.55 per month.
(4) Fuel adjustment. Pursuant to the general terms and conditions.
(5) Primary metering discount. 2% of total bill when city water, light, and power elects to meter at 2,400 volts orabove.
(6) Transformer ownership discount. 2% of total bill when customer, with city water, light, and power approval,furnishes, installs, and maintains the transformers that reduce the voltage from 2,400 volts or above to thevoltage used by the customer.
(7) Combination discount. 4% of total bill for customer who, with city water, light, and power approval, furnishes,installs, and maintains his own transformers, and city water, light, and power elects to meter at 2,400 volts orabove.
(8) General terms and conditions. The general terms and conditions of city water, light, and power shall apply to thisschedule.
(f) General service-Medium. Designation: Rate 46.
(1) Application. To all customers for nonresidential, institutional, and commercial use taken through a single meterat the utility standard voltage.
(2) Nature of service.
a. Service will be delivered at no more than one utilization voltage, one point of delivery, and one meter; anyexception to the above will be treated as supplemental facilities. Such utilization voltages may be anyoneof the following:
1. Alternating current, 60 cycle, single-phase 120/240 nominal volts.
2. Alternating current, 60 cycle, three-phase, 120/240 nominal volts.
b. When available, and at customer's request, the utility will supply the following for combined light and power:
1. Alternating current, 60 cycle, three-phase, 120/208 nominal volts; or
2. Alternating current, 60 cycle, three-phase, 2771480 nominal volts.
(3) Rates (monthly).
a. Demand charge.
Winter (September 15 through May 14) $19.3999 11.01 11.89 per KW demand.
Summer (May 15 through September 14) $12.149912.9714.01 per KW demand.
b. Energy charge.
Winter (September 15 through May 14) $9.9g9@ 0.0861 0.0852 per KWH.
Summer (May 15 through September 14) $9.9gg4 0.0945 0.0936 per KWH.
c. Customer charge. $129.99 130.23 230.23 per month.
(4) Fuel adjustment. Pursuant to the general terms and conditions.
(5) Determination of demand.
a. City water, light, and power, at its option, may determine the customer's actual demand, either bypermanently installed demand instruments or by demand tests. The demand will be the highest averagekilowatt demand measured in any 15-minute period during the month.
b. The minimum demand shall be 70 KW.
(6) General terms and conditions. The general terms and conditions of city water, light, and power shall apply to thisschedule.
(7) Primary metering discount. 2% of total bill when city water, light, and power elects to meter at 2400 volts orabove.
Page 6 of 9
(8) Transformer ownership discount. 2% of total bill when customer, with city water, light, and power approval,furnishes, installs, and maintains the transformer or transformers that reduce the voltage from 2,400 volts orabove to the voltage used by the customer.
(9) Combination discount. 4% of total bill for customer who, with city water, light, and power approval, furnishes,installs, and maintains his own transformers, and city water, light, and power elects to meter at 2,400 volts orabove.
(g) General service-Large. Designation: Rate 48.
(1) Application.
a. To all industrial customers taking service through a single primary meter at 4,160 or 12,470 volts andassuming a minimum demand responsibility of 2,500 KVA. City water, light, and power will own, operate,and maintain one three-phase transformer bank to serve the customer.
b. An industrial customer is defined as one who assembles, manufactures, or processes a product for resalefrom one or several parts.
(2) Rates (monthly).
a. Demand charge.
Winter (September 15 through May 14) $10.9400 11.69 12.63 per KVA demand.
Summer (May 15 through September 14) $1~.9700 14.92 16.11 per KVA demand.
b. Energy charge.
Winter (September 15 through May 14) $0.0€Hl9 0.0736 0.0729 per KWH.
Summer (May 15 through September 14) $0.0746 0.0797 0.0789 per KWH.
c. Customer charge. $liiliiO.OO 589.67789.67 per month.
d. Minimum bill. $8,000 per month.
(3) Determination of demand.
a. The demand will be determined by suitable demand instruments and shall be the highest average kilovoltampere demand measured in any 15-minute period during the month.
b. The minimum demand shall be 2,500 KVA.
(4) Fuel adjustment. Pursuant to the general terms and conditions.
(5) General terms and conditions. The general terms and conditions of city water, light, and power shall apply to thisschedule.
(6) The mayor and/or the general manager may negotiate an interruptible rider for any Rate 48 customer, providingthat the discount does not exceed 6%.
(7) This discount shall be in addition to any discounts earned by the customer under the Rate 48 economicdevelopment rider.
(h) General service-State of Illinois. Designation: Rate 58.
(1) Application. To all customers taking service through a single primary meter at 4,160 to 12,470 volts andassuming a minimum demand responsibility of 2,250 KW. City water, light, and power will own, operate, andmaintain one three-phase transformer bank to serve the customer.
(2) Rates (monthly).
a. Demand charge.
Winter (September 15 through May 14) $9.9700 10.65 11.50 per KW demand.
Summer (May 15 through September 14) $12.9~0 13.81 14.91 per KW demand.
b. Energy charge.
Winter (September 15 through May 14) $0.079~ 0.0847 0.0839 per KWH.
Page 7 of 9
Summer (May 15 through September 14) $Q.QS@2 0.0921 0.0912 per KWH.
c. Customer charge. $€i€iQ.QQ 589.67 789.67 per month.
(3) Fuel adjustment. Pursuant to the general terms and conditions.
(i) Senior citizen residential service. Designation: Rate 33
(1) Application. Residential customers qualifying under section 50.32 in single-dwelling units for single-phaseservice taken through a single meter for domestic use. For multiple unit dwellings, refer to the general terms andconditions. This schedule also includes three-phase residential service installed prior to January 1, 1972. Allthree-phase residential service installed after January 1, 1972, will be served under subsection (c), Rate 40.
(2) Nature of service. Alternating current, 60 cycle, single-phase, 120/240 nominal volts.
(3) Rates (monthly).
a. Winter (September 15 through May 14) $Q.QQ43 0.1008 0.0988 per KWH.
b. Summer (May 15 through September 14) $Q.1 QSS 0.1162 0.1139 per KWH.
c. The above rates shall be discounted by 10%.
(4) Customer charge. $3.€iQ 5.76 7.26 per month.
(5) Fuel adjustment. Pursuant to the general terms and conditions.
(6) Terms and conditions. The general terms and conditions of city water, light, and power shall apply to thisschedule.
U) Senior citizen-Residential, electric heat. Designation: Rate 37.
(1) Application. Residential customers qualifying under section 50.32 for all domestic use taken through a singlemeter when single-phase electric power is the primary source of energy used in heating the premises. Alldomestic dwelling units totally heated by electricity and serviced on Rate 50 prior to January 1, 1972, will qualifyfor this schedule.
(2) Nature of service. Alternating current, 60 cycle, single-phase, 120/240 nominal volts.
(3) Rates (monthly).
a. Winter (September 15 through May 14) $Q.mHi4 0.09120.0894 per KWH.
b. Summer (May 15 through September 14) $Q.1QSS 0.11620.1139 per KWH.
c. The above rates shall be discounted by 10%.
(4) Customer charge. $3.€iQ 5.767.26 per month.
(5) Fuel adjustment. Pursuant to the general terms and conditions.
(6) General terms and conditions. The general terms and conditions of city water, light, and power shall apply to thisschedule.
(k) Customer charge. The customer charge in all rate schedules shall be calculated by multiplying the total number ofmeters by the monthly customer charge rate.
(I) Energy and demand charge adjustment dates. The energy, demand and customer charges shown in subsections a.through j. above shall be adjusted UfWJard on the following dates by the following percentages.
March 1, 2012
March 1, 2013
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The customer charges sho'.'JR in subsections a. through j. above shall be further adjusted upward by $1.00 effective March1,2012 and by an additional $1.00 effective March 1, 2013.as follows:
Residential Rates: Rate 30
March 1, 2019
Customer Charge PYCC + $3.50 + CPI
Rate 33
PYCC + $1.75 + CPI
Rate 34
PYCC + $3.50 + CPI
Rate 37
PYCC + $1.75 + CPI
General Service Rates: Rate 40
March 1, 2019
Rate 42 Rate 44 Rate 46 Rate 48 Rate 58
Customer Charge
Winter Energy
Summer Energy
PYCC + $7 + CPI PYCC + $7 + CPI PYCC + $7 + CPI PYCC + $15+ CPI PYCC+$25+CPI PYCC + $25 + CPI
0.0995 0.0898 0.1081 0.0884 0.0756 0.0870
0.1083 0.0973 0.1193 0.0971 0.0819 0.0946
(m) Beginning March 1, 2017, and for every March 1 thereafter, the monthly customer charges shown in subsection a.through j. and I. above shall be further adjusted for the change in the annual Consumer Price Index(CPI) for the MidwestRegion Size Class B/C (Population 50,000 to 1,500,000) rounded to the nearest tenth of one percent. The CPI factor to beapplied shall not be zero or less. The most recent calendar year annual CPI value will be compared to the prior calendaryear annual CPI to determine the rate of increase on a percentage basis. The CPI Index values shall be taken from dataprovided by the United States Department of Labor, Bureau of Labor Statistics.
(Ord. No. 700-8-91, 8-20-91; Ord. No. 32-01-00, § 1(Exh. A), 1-18-00; Ord. No. 89-2-00, § 1(Exh. A), 2-15-00; Ord. No.506.9.00, § 1(Exh. A), 9-5-00; Ord. No.1 08-2-01, § 1(Exh. A), 2-20-10; Ord. No. 118-03-01, § 1, 3-6-01; Ord. No. 585-1003, § 1(Exh. 1), 10-21-03; Ord. No. 484-09-04, § 1, 9-7-04; Ord. No. 670-09-05, § 1(Exh. A), 9-20-05; Ord. No. 82-12-12,§ 1(Exh. A), 2-28-12)
§ 50.31. through § 50.99. -Language Remains the Same.
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