On the agenda: East Peoria meeting — FACIAL RECOGNITION (Aug 4)

NOTICE OF MEETING AND AGENDA
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EAST PEORIA
COUNCIL CHAMBERS AT 401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS
AUGUST 4, 2026
6:00 P.M.
DATE: AUGUST 4, 2026
TIME: 6:00 P.M.
DECKER

MAYOR KAHL
COMMISSIONER
COMMISSIONER

HILL
COMMISSIONER
MINGUS
COMMISSIONER SUTHERLAND
1. CALL TO ORDER:
2. ROLL CALL:
3. INVOCATION:
4. PLEDGE TO THE FLAG:
5. APPROVAL OF MINUTES:
5.I. Motion to approve the minutes of the Regular Meeting held on July 21, 2026 and the
Closed Meeting/Executive Session held on July 21, 2026.
Documents:
2026.07.21 MINUTES.DOCX
6. COMMUNICATIONS:
7. PUBLIC COMMENT: COUNCIL BUSINESS FROM THE AUDIENCE ON
AGENDA ITEMS:
8. CONSENT AGENDA ITEMS BY OMNIBUS VOTE:
(All matters listed under CONSENT AGENDA will be enacted by one motion and one roll
call vote. There will not be separate discussion on these items. If discussion is desired
by Members of the City Council, the item will be removed from the Consent Agenda and
discussed immediately after approval of the Consent Agenda. Citizens desiring
discussion on any item listed under the CONSENT AGENDA should contact a City
Council Member and request that the item be removed for discussion.)
Motion to approve the Consent Agenda.
8.I. Item Number 1 - Adoption of Resolution Number 2627-044 - Resolution to Approve
Payment of the Schedule of Bills Listed on Schedule Number 6 in the amount of
$1,129,406.39.
Documents:
RESOLUTION NUMBER 2627-044.PDF
8.II. Item Number 2 - Adoption of Ordinance Number 4918 on its Second Reading - (AN
ORDINANCE AUTHORIZING A SPECIAL USE FOR AN ACCESSORY STRUCTURE
ON PROPERTY LOCATED AT 311 SHADY LANE IN THE CITY OF EAST PEORIA,
TAZEWELL COUNTY, ILLINOIS.)

RESOLUTION NUMBER 2627-044.PDF
8.II. Item Number 2 - Adoption of Ordinance Number 4918 on its Second Reading - (AN
ORDINANCE AUTHORIZING A SPECIAL USE FOR AN ACCESSORY STRUCTURE
ON PROPERTY LOCATED AT 311 SHADY LANE IN THE CITY OF EAST PEORIA,
TAZEWELL COUNTY, ILLINOIS.)
Documents:
ORDINANCE NUMBER 4918 - SECOND READING.PDF
8.III. Item Number 3 - Adoption of Resolution Number 2627-037 on its Second Reading Resolution Approving Microsoft Software Licensing Renewal for the City.
Documents:
RESOLUTION NUMBER 2627-037 - SECOND READING.PDF
8.IV. Item Number 4 - Adoption of Ordinance Number 4920 on its Second Reading - (AN
ORDINANCE AMENDING CITY CODE PROVISIONS REGULATING RESIDENTIAL
SOLICITORS IN CHAPTER 4 OF TITLE 10 OF THE CITY OF EAST PEORIA.)
Documents:
ORDINANCE NUMBER 4920 - SECOND READING.PDF
8.V. Item Number 5 - Adoption of Resolution Number 2627-039 on its Second Reading Resolution Authorizing the Purchase of New Airpacks from Municipal Emergency
Services Inc. for the City’s Fire Department.
Documents:
RESOLUTION NUMBER 2627-039 - SECOND READING.PDF
9. ITEMS REMOVED FROM CONSENT AGENDA:
10. COMMISSIONER HILL:
10.I. Adoption of Ordinance Number 4917 on its Second Reading - (AN ORDINANCE
REGARDING THE SALARY OF THE CITY’S MAYOR SUBSEQUENT TO THE 2027
MUNICIPAL ELECTION WHO SERVES ON FULL-TIME BASIS AND PERFORMS
CHIEF EXECUTIVE OFFICER DUTIES IN LIEU OF EMPLOYING A CITY
ADMINISTRATOR.)
Documents:
ORDINANCE NUMBER 4917 - SECOND READING.PDF
10.II. Approval of Ordinance Number 4921 - (AN ORDINANCE APPROVING CASH RENT
LEASE OF CITY FARMLAND TO MIKE YORDY & SONS, INC.)
To be laid on the table for no less than one week for public inspection.
Documents:
ORDINANCE NUMBER 4921.PDF
10.III. Approval of Ordinance Number 4919 - (AN ORDINANCE REGULATING DEVELOPMENT
IN FLOODPLAIN AREAS IN THE CITY OF EAST PEORIA, ILLINOIS.)
To be laid on the table for no less than one week for public inspection.

10.III. Approval of Ordinance Number 4919 - (AN ORDINANCE REGULATING DEVELOPMENT
IN FLOODPLAIN AREAS IN THE CITY OF EAST PEORIA, ILLINOIS.)
To be laid on the table for no less than one week for public inspection.
Documents:
ORDINANCE NUMBER 4919.PDF
11. COMMISSIONER DECKER:
12. COMMISSIONER SUTHERLAND:
13. COMMISSIONER MINGUS:
13.I. Approval of Resolution Number 2627-041 - Resolution Approving the Proposal from
Mobile Communications America for the Bi-Directional Amplifier System Project for the
New Police Station.
To be laid on the table for no less than one week for public inspection.
Documents:
RESOLUTION NUMBER 2627-041.PDF
13.II. Approval of Resolution Number 2627-042 - Resolution Approving the Purchase of
Christmas Tree Displays for the Festival of Lights from Holiday Outdoor Décor.
To be laid on the table for no less than one week for public inspection.
Documents:
RESOLUTION NUMBER 2627-042.PDF
13.III. Adoption of Resolution Number 2627-043 - Resolution to approve a Separation
Agreement for Retirement between the City of East Peoria and David Horn effective
August 4, 2026.
Documents:
RESOLUTION NUMBER 2627-043.PDF
14. MAYOR KAHL:
15. PUBLIC COMMENT: COUNCIL BUSINESS FROM THE AUDIENCE ON NON AGENDA ITEMS:
16. COMMENTS FROM COUNCIL:
16.I. COMMISSIONER DECKER:
16.II. COMMISSIONER HILL:
16.III. COMMISSIONER SUTHERLAND:
16.IV. COMMISSIONER MINGUS:
16.V. MAYOR KAHL:
17. MOTION FOR EXECUTIVE SESSION/CLOSED MEETING:
18. MOTION TO ADJOURN:
19. /S/ Morgan R. Cadwalader

16.V. MAYOR KAHL:
17. MOTION FOR EXECUTIVE SESSION/CLOSED MEETING:
18. MOTION TO ADJOURN:
19. /S/ Morgan R. Cadwalader
City Clerk, Morgan R. Cadwalader
Dated and Posted: July 31, 2026
NOTE: All items listed on the agenda are action items unless indicated
otherwise. Ordinances and resolutions listed on the agenda may further be amended and/or
revised prior to adoption by the City Council.

MINUTES
NEW COUNCIL CHAMBERS IN THE CIVIC COMPLEX
401 WEST WASHINGTON STREET, EAST PEORIA, ILLINOIS
July 21, 2026
The Regular Meeting of the City Council of the City of East Peoria, Illinois was called to order by his Honor
Mayor John P. Kahl presiding at 6:00 P.M. with proper notice having been given.
Upon the roll being called the following answered present: Mayor John P. Kahl, Commissioner Daniel S.
Decker, Commissioner Mark E. Hill, Commissioner Seth D. Mingus, and Commissioner Michael L.
Sutherland.
Absent: None.
The invocation was given by Commissioner Hill.
Mayor Kahl led the Council and the audience in the pledge of allegiance to the flag.
Motion by Commissioner Mingus, seconded by Commissioner Decker; Mr. Mayor, I move that the minutes
of the Regular Meeting held on July 7, 2026 be approved as printed.
Yeas: Commissioner Decker, Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried.
Mayor Kahl stated if there was anyone in the audience who wanted to speak on any items on the agenda
to come to the podium and state the matter or matters to be discussed. There was no response.
CONSENT AGENDA ITEMS BY OMNIBUS VOTE:
Mayor Kahl asked if any Commissioner wished to remove any items from the Consent Agenda for
discussion. There was no response.
Motion by Commissioner Hill, seconded by Commissioner Decker; Mr. Mayor, I move to adopt a consent
agenda consisting of items numbered 1 through 3 as listed on the agenda for this meeting to be considered
by omnibus vote.
Item Number 1 - Adoption of Resolution Number 2627-040 - Resolution to Approve Payment of the
Schedule of Bills Listed on Schedule Number 5 in the amount of $5,197,873.90.
Item Number 2 - Adoption of Resolution Number 2627-035 on its Second Reading - Resolution
Accepting the Proposal from MacQueen Equipment, LLC for the Purchase of an Ambulance for
the Fire Department.
Item Number 3 - Adoption of Resolution Number 2627-034 on its Second Reading - Resolution
Approving an Agreement between the City of East Peoria and the Policemen’s Benevolent Labor
Committee for a Three-Year Term Commencing on May 1, 2026 and terminating on April 30, 2029.
Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried.
Motion by Commissioner Hill, seconded by Commissioner Mingus; Mr. Mayor, I move you that Items
numbered 1 through 3 listed on the Consent Agenda be hereby approved and adopted, the items numbered
2 through 3 having been read once by their title and having laid on the table for no less than one week for
public inspection be adopted as presented.
Item Number 1 - Adoption of Resolution Number 2627-040 - Resolution to Approve Payment of the
Schedule of Bills Listed on Schedule Number 5 in the amount of $5,197,873.90. (Adopted by
omnibus vote)

Page 2
Item Number 2 - Adoption of Resolution Number 2627-035 on its Second Reading - Resolution
Accepting the Proposal from MacQueen Equipment, LLC for the Purchase of an Ambulance for
the Fire Department. (Adopted by omnibus vote)
Item Number 3 - Adoption of Resolution Number 2627-034 on its Second Reading - Resolution
Approving an Agreement between the City of East Peoria and the Policemen’s Benevolent Labor
Committee for a Three-Year Term Commencing on May 1, 2026 and terminating on April 30, 2029.
(Adopted by omnibus vote)
Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried and the items adopted by omnibus vote designation.
Motion by Commissioner Hill, seconded by Commissioner Decker; Mr. Mayor, I move you that Ordinance
No. 4916, hereto attached, (AN ORDINANCE PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS
FOR THE FISCAL YEAR COMMENCING THE FIRST MONDAY IN MAY A.D. 2026) having been read
once by its title and having been laid on the table for no less than one week for public inspection, be adopted
as presented.
Commissioner Hill commented on the city council passing the appropriations ordinance on April 7, 2026.
This ordinance is a supplemental appropriation for an unexpected expense regarding the purchase of
property.
Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None
Mayor Kahl declared the motion carried and Ordinance No. 4916 be adopted as presented.
Motion by Commissioner Hill, seconded by Commissioner Mingus; Mr. Mayor, I move you that Ordinance
No. 4915, hereto attached, (AN ORDINANCE APPROVING PURCHASE OF REAL ESTATE LOCATED
BETWEEN U.S. ROUTE 24 AND CENTENNIAL DRIVE FOR FUTURE DEVELOPMENT) having been read
once by its title and having been laid on the table for no less than one week for public inspection, be adopted
as presented.
Commissioner Hill explained that the City became aware of an auction for this Keil & Blye property that is
located between Centennial Drive, Grange Road, and Route 24. The purchase is for three tracts of land
totaling 272.48 acres for $19,100 per acre or $5,204,638.00. The property borders the city limits. The City
Council believes that it is in the best interests to secure the property.
Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None
Mayor Kahl declared the motion carried and Ordinance No. 4916 be adopted as presented.
Motion by Commissioner Hill, seconded by Commissioner Decker; Mr. Mayor, I move you that Ordinance
No. 4918 hereto attached, (AN ORDINANCE AUTHORIZING A SPECIAL USE FOR AN ACCESSORY
STRUCTURE ON PROPERTY LOCATED AT 311 SHADY LANE IN THE CITY OF EAST PEORIA,
TAZEWELL COUNTY, ILLINOIS) be accepted on its first reading as read by its title, and be laid on the
table for no less than one week for public inspection.
Commissioner Hill explained that the ordinance is for a special use for an oversized accessory structure for
property located at 311 Shady Lane. The property is next to the interstate and is at the end of the lane. This
is for an oversized accessory structure. The request is to permit a post frame accessory structure that is
1600 square feet, which is larger than what is allowed by code. While the site plan does not show a
driveway, the petitioner indicates it will be paved. The materials list indicates vinyl siding which has also
been confirmed by the petitioner.
At their meeting, the Zoning Board of Appeals voted 7-0 to recommend the proposal with the conditions
that the siding be vinyl siding and the driveway be paved back to the new building.

Page 3
Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried.
Resolution No. 2627-037 by Commissioner Hill, seconded by Commissioner Mingus; BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 2627-037, hereto
attached, a Resolution Approving Microsoft Software Licensing Renewal for the City, be approved. Mr.
Mayor, I move you that this Resolution No. 2627-037 be accepted on its first reading as read by its title,
and be laid on the table for no less than one week for public inspection.
Commissioner Hill explained that the City has Microsoft, and this resolution is for the renewal of the
Microsoft licensing. The cost is $52,130.54 for fiscal year 2026-2027.
Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried.
Motion by Commissioner Hill, seconded by Commissioner Mingus; Mr. Mayor, I move you that Ordinance
No. 4917 hereto attached, (AN ORDINANCE REGARDING THE SALARY OF THE CITY’S MAYOR
SUBSEQUENT TO THE 2027 MUNICIPAL ELECTION WHO SERVES ON FULL-TIME BASIS AND
PERFORMS CHIEF EXECUTIVE OFFICER DUTIES IN LIEU OF EMPLOYING A CITY ADMINISTRATOR)
be accepted on its first reading as read by its title, and be laid on the table for no less than one week for
public inspection.
Commissioner Hill explained that the city looks at the city mayor with city administrator duties salary every
four years and is done based on the market. The rate is $128,733.43. The city can have a part-time Mayor,
fulltime Mayor, or fulltime mayor with duties of city administrator. At this time, an additional adjustment to
the full-time Mayor’s salary when handling the City’s chief executive officer’s duties is appropriate in light of
current economic conditions and the cost the City would incur if the City Council were to employ a City
Administrator. As provided in this Ordinance, the annual salary for a full-time Mayor performing the City’s
chief executive officer duties will increase to $128,733.43 effective May 1, 2027, with annual adjustments
thereafter based on the applicable change in the Consumer Price Index for the prior calendar year, as
provided in Ordinance No. 2777. This would apply to whomever wins the next mayoral race.
Commissioner Decker agrees with the ordinance and that all salaries should be equivalent with other
comparable salaries. He is supportive of this idea. He is afraid of making this change without fixing other
salary concerns in the city. He feels that the fire department has lost quite a few members and have lost
members of the fire department because of salaries. He believes that fixing one without fixing another is a
concern. He would like to entertain a plan for the fire department and then he would support this ordinance.
Commissioner Sutherland believes that the two different salaries are completely different matters. He feels
that we need to make the decision now because the change in the rate needs to be done so far in advance
of the election. The City is in the middle of a contract with the Fire Department union now.
Commissioner Mingus feels that Commissioner Decker’s concerns are valid. He feels that the $128,000 is
market rate. He does not have a problem, and this ordinance is setting the salary for whomever the future
mayor is after the next election. He commented on the retention rate in the Fire Department and needing
seven years for the firefighters to get to where they would be in year three in some other communities to
get the base pay. He feels that they should look at fair market rate with firefighters as well.
Mayor Kahl explained that he typically reserves comments and abstains. He feels the comments from
Commissioner Decker are insulting and that bringing up collective bargaining matters in public is
inappropriate. This ordinance must be done at least 180 days in advance of the election. He will be
abstaining from voting. He asked for this to come before the City Council months ago because he did not
want this to be a bone of contention for anyone. He expressed disappointment in certain comments from
commissioners.

Page 4
Yeas: Commissioners Hill, Mingus, and Sutherland.
Nays: Commissioner Decker.
Abstain: Mayor Kahl.
Mayor Kahl declared the motion carried.
Resolution No. 2627-038 by Commissioner Decker; WHEREAS, Danny Chambers has been continuously
employed by the City from October 8, 2001, through the end of the day on August 5, 2026, most recently
occupying the position of Street Laborer Driver.
WHEREAS, Danny Chambers announced his intention to retire from employment effective on August 5,
2026; and
WHEREAS, the City is appreciative of the long and continued service provided by Danny Chambers; and
WHEREAS, it is in the best interest of the City to execute the attached Separation Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL
COUNTY, ILLINOIS, THAT:
Section 1. The above recitals are found to be true and correct.
Section 2. The Mayor is hereby authorized to execute the Separation Agreement with such changes as
the Mayor, in his sole discretion, may decide are in the best interest of the City of East Peoria.
Motion by Commissioner Decker, seconded by Commissioner Mingus; Mr. Mayor, I move that Resolution
No. 2627-038 be adopted as presented.
Mayor and Commissioners Decker thanked Danny Chambers for his employment with the city and wished
him well in his retirement.
Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried and Resolution No. 2627-038 be duly adopted as presented.
Motion by Commissioner Mingus, seconded by Commissioner Decker; Mr. Mayor, I move you that
Ordinance No. 4920 hereto attached, (AN ORDINANCE AMENDING CITY CODE PROVISIONS
REGULATING RESIDENTIAL SOLICITORS IN CHAPTER 4 OF TITLE 10 OF THE CITY OF EAST
PEORIA) be accepted on its first reading as read by its title, and be laid on the table for no less than one
week for public inspection.
Scott Brunton explained that the Police Chief contacted him regarding amending the provision for residential
solicitors. The Police Department registers residential solicitors. These amendments updated the outdated
provisions.
Mayor Kahl explained that residential solicitors are very prolific, and recently, a company sent forty
individuals to get solicitors permits. This change adds restrictions.
Commissioner Hill commented on solicitors needing to register and have a license with the Police
Department in their name. Some individuals do not register with the city, and he encourages citizens to ask
solicitors for their registration and their name. He is in favor of this change.
Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried
Resolution No. 2627-039 by Commissioner Mingus, seconded by Commissioner Decker; BE IT
RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS that Resolution No. 2627-039,
hereto attached, a Resolution Authorizing the Purchase of New Airpacks from Municipal Emergency
Services Inc. for the City’s Fire Department, be approved. Mr. Mayor, I move you that this Resolution No.
2627-039 be accepted on its first reading as read by its title, and be laid on the table for no less than one
week for public inspection.
Commissioner Mingus commented on the purchase being for two airpacks in the amount of $ 21,814.

Page 5
Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None.
Mayor Kahl declared the motion carried.
Motion by Commissioner Decker, seconded by Commissioner Mingsu, Mr. Mayor, I move that a closed
meeting or executive session of the city council be held at the conclusion of this regular meeting to discuss
the following matter or matters according to exceptions provided in the “Open Meetings Act” and specified
as follows:
Section 2(c)(2) – Collective negotiating matters between the public body and its employees or their
representatives, or deliberations concerning salary schedules for one or more classes of
employees.
Section 2(c)(6) – The setting of a price for a sale or lease of property owned by the public body.
Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None
Mayor Kahl declared the motion carried.
Mayor Kahl stated if there was anyone in the audience who wanted to speak on any items not on the agenda
to come to the podium state the matter or matters to be discussed. There was no response.
Mayor Kahl then asked for comments from Council.
Commissioner Decker explained that his previous comments were not directed at Mayor Kahl. He explained
that he commented on his reservations to the City Attorney several weeks ago. He would vote for the
ordinance; but, he believes that we should also do something for firefighters.
Commissioner Hill commented on the Farmer’s Market being Fridays from 4:00 pm to 7:00 pm.
Commissioner Sutherland asked people not to put anything down the sewer that does not belong there
including wipes. He explained that those and other inappropriate items affecting the sewer treatment plant.
He commented on firefighters also being paramedics.
Commissioner Mingus explained that all firefighters are paramedics at least by year three.
Motion by Commissioner Sutherland, seconded by Commissioner Decker; Mr. Mayor, I move you that we
adjourn until Tuesday evening, August 4, 2026 at 6:00 P.M.
Yeas: Commissioners Decker, Hill, Mingus, Sutherland, and Mayor Kahl.
Nays: None
Mayor Kahl declared the motion carried and the meeting adjourned at 6:36 P.M.

_/s/ Morgan R. Cadwalader________
City Clerk Morgan R. Cadwalader

RESOLUTION NO.

2627-044

August 4, 2026
EAST PEORIA, ILLINOIS
RESOLUTION BY COMMISSIONER
SECONDED BY COMMISSIONER
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS THAT
THE CLAIMS AS LISTED ON SCHEDULE NO.

6

BE ALLOWED. MR. MAYOR,

I MOVE THAT THE CLERK IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE ORDERS ON
THE TREASURER FOR THE VARIOUS AMOUNTS, TOTALING

$1,129,406.39

AND THE SCHEDULE OF BILLS BE HEREBY ADOPTED AS PRESENTED.
APPROVED:

MAYOR
ATTEST:

CITY CLERK

ORDINANCE NO. 4918
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR AN
ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 311 SHADY LANE
IN THE CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS
WHEREAS, Chris McGrew (the “Petitioner”) has petitioned for a special use for an
oversized accessory building located on their property zoned “R-2, Single Family Dwelling
District” and located at 311 Shady Lane in East Peoria, as shown and described at
"Exhibit A", attached hereto and incorporated herein by reference (which property as so
described is hereinafter referred to as the "Property"); and
WHEREAS, after holding a hearing pursuant to duly published notice, the East
Peoria Zoning Board of Appeals has recommended approval of the proposed Special Use
subject to certain conditions hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1. A Special Use to allow for placement of an oversized accessory
structure on the Property that is constructed in a different manner (post building) than the
primary residence on the Property is hereby approved.
Section 2. The establishment and continuation of the Special Use hereby
authorized is contingent upon continual compliance with all applicable provisions of the
City Code and the following special conditions:
1.
Petitioner may continuously maintain the oversized
accessory structure (40 feet x 40 feet) on the Property in a manner that is
consistent with the provisions of this Ordinance and in accordance with the
site plan, as set forth in Exhibit B and incorporated by reference (the “Site
Plan”).
2.
The exterior of the accessory structure shall be constructed
with vinyl siding that is consistent with and similar to the vinyl siding on the
residential structure on the Property.
3.
The driveway for the additional accessory structure that
provides access to the accessory structure shall be paved and constructed
in compliance with the City’s Subdivision Code.
Upon the violation of or failure to comply with the foregoing conditions or with any
provisions of the City Code applicable to the Property or its use, the City Council may,
after providing reasonable notice and an opportunity for a hearing, terminate the Special
Use hereby approved.

Section 3. This Ordinance is hereby ordered to be published in pamphlet form
by the East Peoria City Clerk and said Clerk is ordered to keep at least three (3) copies
hereof available for public inspection in the future and in accordance with the Illinois
Municipal Code.
Section 4. This Ordinance is in addition to all other ordinances on the subject
and shall be construed therewith excepting as to that part in direct conflict with any other
ordinance, and in the event of such conflict, the provisions hereof shall govern.
Section 5. This Ordinance shall be in full force and effect from and after its
passage, approval and ten (10) day period of publication in the manner provided by law.
PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL
COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS
DAY OF
_________________, 2026.
AYES: _________________________________________________________
NAYS: ________________________________________________________
ABSENT: ______________________________________________________
APPROVED:
________________________________
Mayor

ATTEST:
________________________________
City Clerk
EXAMINED AND APPROVED:

Corporation Counsel

2

EXHIBIT A
Map of Location of Special Use (311 Shady Lane)

3

EXHIBIT B
Site Plan for Special Use (311 Shady Lane)

4

Finance Director
Jeff Becker

TO:

The Honorable Mayor John P. Kahl and Members of the
City Council

FROM: Jeff Becker, Director of Finance/Treasurer
DATE: 7-21-2026

SUBJECT: Microsoft licensing renewal

DISCUSSION: The city maintains a subscription for Microsoft products that are renewed on
an annual basis. The cost for 2026-27 is $52,130.54.
RECOMMENDATION: Approve the quote from CDW-G for $52,130.54 for 1-year licensing
term.

RESOLUTION NO. 2627-037
East Peoria, Illinois
2026
RESOLUTION BY COMMISSIONER
RESOLUTION APPROVING MICROSOFT SOFTWARE LICENSING RENEWAL
FOR THE CITY
WHEREAS, the City’s Annual Budget for Fiscal Year 2026-27 provides for
the continued procurement of the Microsoft Software Licensing Renewal for use
by all departments of the City; and
WHEREAS, the City received bids for the Microsoft Licensing Renewal for the
Fiscal Year 2026-27 receiving the low bid from CDW Government in the amount
of $52,130.54; and
WHEREAS, it is in the best interests of the City to accept the low bid for the
Renewal of the Microsoft Software Licensing from CDW Government;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the Mayor or his designee is
hereby authorized and directed to execute all documents and make all
payments necessary for the Renewal of the Microsoft Software Licenses in a total
amount not to exceed $52,130.54; provided, however, that the City shall have no
obligation under the terms of this Resolution until all necessary documents
have been delivered to the CDW Government.

APPROVED:

Mayor

ATTEST:

City Clerk

Hardware

Software

Services

IT Solutions

Brands

Research Hub

Pricing and Availability Notice
Due to ongoing supply chain challenges, some hardware manufacturers cannot guarantee product availability
or pricing until the product is shipped. While we make every effort to honor quoted pricing, if a hardware
manufacturer increases its price to CDW after a quote is issued or order is accepted, we may need to update
your quoted price to reflect that change irrespective of any timeframes or validity periods set forth in the
quote, including up to the date of shipment. In the event of a price adjustment, we will notify you prior to
shipment. Any price adjustment would only occur if the hardware manufacturer increases its pricing to CDW.

JEFF BECKER,
Thank you for considering CDW•G for your technology needs. The details of your quote are below. If
you are an eProcurement or single sign on customer, please log into your system to access
the CDW site. You can search for your quote to retrieve and transfer back into your system for
processing.
For all other customers, click below to convert your quote to an order.

Convert Quote to Order
QUOTE #

QUOTE DATE

QUOTE REFERENCE

7/6/2026

SA RENEWAL ONLY

CUSTOMER #

GRAND TOTAL
$52,130.54

QUOTE DETAILS
ITEM

QTY

CDW#

UNIT PRICE

EXT. PRICE

Microsoft Office Standard Edition - software assurance - 1 PC

27

2174657

$102.87

$2,777.49

MS SLD+ WIN SVR DCCORE SA MVL

8

4355322

$151.45

$1,211.60

Microsoft Windows Server Standard Edition - software
assurance - 16 cores

2

4636711

$209.56

$419.12

Microsoft SQL Server Standard Core Edition - software
assurance - 2 cores

2

2688654

$703.96

$1,407.92

QUOTE DETAILS (CONT.)
Microsoft SQL Server Standard Core Edition - license &
software assurance -

6

2730676

$1,641.33

$9,847.98

Microsoft SQL Server Standard Edition - software assurance 1 server

1

2174690

$176.22

$176.22

MS SLD+ SQL UCAL L SA

220

2174725

$95.25

$20,955.00

Microsoft Windows Server - license & software assurance - 1
user CAL

220

2174562

$23.80

$5,236.00

Microsoft Windows Server Datacenter Edition - license &
software assurance

2

4713425

$2,816.86

$5,633.72

Microsoft Windows Remote Desktop Services - license &
software assurance -

10

2174802

$76.19

$761.90

MS SLD+ SQL SRV STD L SA

9

2174691

$411.51

$3,703.59

SUBTOTAL

Page 2 of 3

$52,130.54

SHIPPING

$0.00

SALES TAX

$0.00

GRAND TOTAL

$52,130.54

PURCHASER BILLING INFO

DELIVER TO

Billing Address:
CITY OF EAST PEORIA
ACCTS PAYABLE
401 W WASHINGTON ST
EAST PEORIA, IL 61611-2496
Phone: (309) 698-5437
Payment Terms: Net 30 Days-Govt State/Local

Shipping Address:
CITY OF EAST PEORIA
JEFF BECKER
401 W WASHINGTON ST
EAST PEORIA, IL 61611-2496
Phone: (309) 698-5437
Shipping Method: ELECTRONIC DISTRIBUTION
Please remit payments to:
CDW Government
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Suite 1515
Chicago, IL 60675-1515

Sales Contact Info
Fede Guerra | 800.808.4239 | [email protected]

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Page 3 of 3

Call 800.800.4239

MEMORANDUM
July 16, 2026
TO:

Mayor John P. Kahl and Members of the City Council

FROM:

Scott A. Brunton, City Attorney

SUBJECT:

Ordinance Amending Residential Solicitor Provisions of the East Peoria City
Code
______________________________________________________________________
DISCUSSION:
At the request of the East Peoria Police Department (EPPD), this Ordinance has been
prepared to update and amend the residential solicitor provisions of the East Peoria City
Code. The EPPD oversee the issuance of registration certificates for residential solicitors
and has requested updates and amendment to these provisions of the City Code.
Accordingly, this Ordinance clarifies and provides that a registration certificate is required
for all residential solicitors (unless expressly exempt from this requirement), that a
registration certificate for residential solicitation can only be granted for a maximum of 6
months, and that no more than 6 registration certificates will be provided to any business
or organization at a given time.
RECOMMENDATION:

Approval of this Ordinance.

ORDINANCE NO. 4920
AN ORDINANCE AMENDING CITY CODE PROVISIONS
REGULATING RESIDENTIAL SOLICITORS IN CHAPTER 4 OF TITLE 10
OF THE CITY OF EAST PEORIA
WHEREAS, pursuant to Chapter 4 of Title 10 of the East Peoria City Code, the
City regulates residential solicitors, requiring the issuance of residential solicitors with the
East Peoria Police Department and requiring compliance with residents’ “no solicitation”
signage when posted on a residential dwelling; and
WHEREAS, City Officials have reviewed these residential solicitor provisions in
the City Code and determined that updates and revisions are necessary and appropriate
as set forth herein; and
WHEREAS, the City Council finds that the residential solicitor provisions in the City
Code are adopted for the purpose of protecting the citizens and residents of the City of
East Peoria from crime or fraud and protecting their privacy in their homes; and
WHEREAS, the City Council further finds that these updates and revisions to the
residential solicitor provisions of the East Peoria City Code will promote the health, safety,
and welfare of the City of East Peoria and its citizens, and that said updates and revisions
are in the best interest of the City of East Peoria and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1.

The above recitals are found to be true and correct.

Section 2. Title 10, Chapter 4, Section 1 of the East Peoria City Code is hereby
deleted in its entirety and replaced as follows:
Sec. 10-4-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Organization means any business, entity, group, organization, firm,
partnership, or association, including any affiliated or legal business, entity,
group, organization, firm, partnership, or association operating under
another name or designation with common ownership, leadership, officers,
employees, or volunteers.

Registered solicitor means and includes any person who has obtained a
valid certificate of registration as hereinafter provided, and which certificate
is in the possession of the solicitor on his or her person while engaged in
soliciting.
Residence means and includes every separate living unit occupied for
residential purposes by one or more persons, contained within any type of
building or structure.
Solicit, solicitation, soliciting means and includes any one or more of the
following activities:
(1)

Seeking to obtain orders for the purchase of goods, wares,
merchandise, foodstuffs, services of any kind, character or
description whatever, for any kind of consideration whatever;

(2)

Seeking to obtain prospective customers for application or purchase
of insurance of any type, kind or character;

(3)

Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers and every other type or kind of publication; or

(4)

Seeking to obtain gifts or contributions of money, clothing or any
other valuable thing for the support or benefit of any charitable,
religious, political or nonprofit association, organization, corporation
or project.

Section 3. Title 10, Chapter 4, Section 2 of the East Peoria City Code is hereby
deleted in its entirety and replaced as follows:
Sec. 10-4-2 – Certificate of registration.
It is declared to be the policy of the city council that the occupants of the
residences in the city shall make the determination of whether solicitors
shall be, or shall not be, invited to their respective residences, as provided
in section 10-4-6. Additionally, no person shall solicit or otherwise transact
business or sell or attempt to sell or offer for sale any goods, wares or
merchandise or any article or thing of value within the city without first
having obtained a registration certificate as provided herein.
Section 4. Title 10, Chapter 4, Section 4 of the East Peoria City Code is hereby
amended as follows (additions indicated by underline, deletions by strikethrough):

2

Sec. 10-4-4 - Issuance of certificate.
(a)
No certificate of registration shall be issued to any person who has
been convicted of the commission of a felony under the laws of the state or
any other state or federal law of the United States, within five years of the
date of the application; nor to any person who has been convicted of a
violation of any of the provisions of this chapter. However, no certificate of
registration shall be issued to any person whose certificate of registration
issued hereunder has previously been revoked as herein provided. This
section applies to all persons except those seeking to obtain gifts or
contributions of money, clothing or any other valuable thing for the support
or benefit of any charitable, religious, political or nonprofit association,
organization, corporation or project and except those seeking to proselytize
the beliefs of any charitable, religious, political or nonprofit association,
organization, corporation or project.
(b)
The chief of police, after consideration of the application and all
information obtained relative thereto, shall deny the application if the
applicant does not possess the qualifications of such certificate as herein
required. Endorsement shall be made by the chief of police upon the
application of the denial of the application. When the applicant is found to
be fully qualified, the certificate of registration shall be issued forthwith.
(c)
A certificate of registration shall be valid for the lesser of the period
of time designated in the application or six (6) months. No certificate of
registration shall be issued for a period of longer of six (6) months.
(d)
An organization may only receive up to a maximum of six (6)
certificates of registration for the organization and the organization’s agents,
representatives, employees, and volunteers during the applicable time
period of issuance.
Section 5. This Ordinance is hereby ordered to be published in pamphlet form by
the East Peoria City Clerk and said Clerk is ordered to keep at least three (3) copies
hereof available for public inspection in the future and in accordance with the Illinois
Municipal Code.
Section 6. This Ordinance is in addition to all other ordinances on the subject and
shall be construed therewith excepting as to that part in direct conflict with any other
ordinance, and in the event of such conflict, the provisions hereof shall govern.
Section 7. This Ordinance shall be in full force and effect from and after its
passage, approval and ten (10) day period of publication in the manner provided by law.

3

PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL
COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS
DAY OF
_________________, 2026.
AYES: _________________________________________________________
NAYS: ________________________________________________________
ABSENT: ______________________________________________________
APPROVED:
________________________________
Mayor
ATTEST:
________________________________
City Clerk
EXAMINED AND APPROVED:
________________________________
Corporation Counsel

CERTIFICATE OF PUBLICATION
I, MORGAN R. CADWALADER and the undersigned, do hereby certify that I am
the duly qualified and acting Clerk of the City of East Peoria, a municipal corporation of
and in the County of Tazewell, Illinois, that the foregoing Ordinance No. 4920 is a true
and accurate copy of the Ordinance passed by the City Council and Mayor of the City of
East Peoria on the meeting date set forth therein, and that the Ordinance was published
by me in pamphlet form this _____ day of ___________________, 2026, by making three
(3) copies thereof available on that date for public inspection.
_____________________________________
City Clerk

4

EAST PEORIA FIRE DEPARTMENT
201 W. Washington Street
East Peoria, IL 61611
Phone: (309) 427-7677

TO:

The Honorable Mayor and City Council

THRU:

Commissioner Mingus

FROM:

Fire Chief Bobby Zimmerman

DATE:

July 16, 2026

SUBJECT:

Airpack Purchase

DISCUSSION: The Fire Department is in need of additional SCBAs (Airpacks), to update our
current inventory. This was a budgeted capital expense. Attached is the quote from MES, as this
is a sole source item, due to the current capability of our SCBA’s. The total for 2 Airpack’s and
the appropriate equipment is $21,814.

RECOMMENDATION:

Approve the purchase of 2 SCBA’s from MES.

RESOLUTION NO. 2627-039
East Peoria, Illinois
________________, 2026
RESOLUTION BY COMMISSIONER

RESOLUTION AUTHORIZING THE PURCHASE OF NEW AIRPACKS
FROM MUNICIPAL EMERGENCY SERVICES INC. FOR
THE CITY’S FIRE DEPARTMENT
WHEREAS, the City of East Peoria is in need of additional self-contained breathing
apparatus, commonly known as airpacks or SCBAs, for the East Peoria Fire Department
to update the Fire Department’s current inventory (the “Airpacks”); and
WHEREAS, the City seeks to acquire two new Airpacks for the City’s Fire
Department; and
WHEREAS, Municipal Emergency Services Inc. (“MES”) has offered to provide
the City’s Fire Department with two new Airpacks at a cost of $21,814.00, as specified in
the quote attached as Exhibit A and incorporated by reference (the “Airpack Quote”); and
WHEREAS, it is in the best interests of the City to accept the Airpack Quote as
provided herein for the purchase the new Airpacks;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1.

The above recitations are found to be true and correct.

Section 2. The purchase of two new Airpacks as provided in the Airpack Quote
from MES is hereby approved.
Section 3. The Mayor or his designee is hereby authorized and directed to
execute an agreement with MES in the amount of $21,814.00 for purchasing the Airpacks
on behalf of the City’s Fire Department, together with such changes as the Mayor in his
discretion may approve; provided, however, that the City shall have no obligation under
the terms of this Resolution to MES until an original purchase order or agreement has
been delivered to MES.

APPROVED:

Mayor
ATTEST:
_______________________________
City Clerk

2

EXHIBIT A
QUOTES FOR PURCHASE OF TWO NEW AIRPACKS (SCBAs):
MUNICIPAL EMERGENCY SERVICES INC. (MES)

3

Invoice

(877) 637-3473

Date

07/09/2026

Terms

Net 30

Due Date

08/08/2026

PO #

PAKS

Sales Rep

McBurney, Dawn M

Bill To
EAST PEORIA FD
201 WEST WASHINGTON
EAST PEORIA IL 61611
United States

Ship To
EAST PEORIA FD (IL)
ANDY OGBURN
201 WEST WASHINGTON
East Peoria IL 61611
United States

Item

Description

X5814021305303

3M™ Scott™ Air-Pak™ X3 Pro SCBA with CGA
X5814021305303, 4.5, E-Z Flo+, Continuous Hose,
UEBSS, Pak-Tracker

2

0

$8,729.00

$17,458.00

804723-01

(HM) CYL&VLV CARBON 60

2

0

$1,779.00

$3,558.00

201215-22

AV3000 HT with Kevlar lining and 4-strap harness-Red,
Medium

2

0

$399.00

$798.00

Contact:

EAST PEORIA FD (IL) : Bobby Zimmerman

QTY

Units

Back Ordered

Unit Price

Amount

Subtotal

$21,814.00

Shipping Cost

$0.00

Tax Total

$0.00

Total

$21,814.00

Amount Due

$21,814.00

All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee.
Custom orders are not returnable.
All payments must be clearly marked with the Customer and Invoice numbers. Payments not marked will be applied to the oldest invoice first.
PLEASE NOTE OUR REMITTANCE ADDRESS HAS CHANGED AND CHECKS WILL BE RETURNED IF NOT SENT TO THE ONE
ON THE REMITTANCE SLIP.

Page 1 of 1

MEMORANDUM
July 10, 2026
TO:

Mayor John P. Kahl and Members of the City Council

FROM:

Scott A. Brunton, City Attorney

SUBJECT:

Ordinance Adjusting Full-Time Mayor’s Compensation When Acting as the
City’s Chief Executive Officer / Effective May 1, 2027
______________________________________________________________________
DISCUSSION:
At the request of the City Commissioners, this Ordinance has been prepared to adjust the
Mayor’s salary after the next municipal election in April 2027. Accordingly, this Ordinance
will become effective on May 1, 2027.
The City continues to operate without a City Administrator, and the current full-time Mayor
has assumed the chief executive officer duties normally handled by a full-time City
Administrator. As a result, the City has saved a significant amount of funds that would
have been paid for a City Administrator (plus benefits) during these past several years.
In January 2022, the full-time Mayor’s salary was adjusted by Ordinance No. 4611 to
better address the Mayor’s duties when the Mayor also handles the City’s chief executive
officer duties on a full-time basis. Under the terms of Ordinance No. 4611, should the
City Council decide to hire a City Administrator (or similar City official) at any time in the
future, the Mayor’s compensation will return to the compensation level established and
adjusted in accordance with Ordinance No. 2777.
At this time, an additional adjustment to the full-time Mayor’s salary when handling the
City’s chief executive officer’s duties is appropriate in light of current economic conditions
and the cost the City would incur if the City Council were to employ a City Administrator.
As provided in this Ordinance, the annual salary for a full-time Mayor performing the City’s
chief executive officer duties will increase to $128,733.43 effective May 1, 2027, with
annual adjustments thereafter based on the applicable change in the Consumer Price
Index for the prior calendar year, as provided in Ordinance No. 2777. Further, as provided
in Ordinance No. 4611, under the terms of this Ordinance, if the City Council decides to
hire a City Administrator (or similar City official) at any time in the future, the Mayor’s
compensation will return to the compensation level established and adjusted in
accordance with Ordinance No. 2777.
RECOMMENDATION:

Approval of this Ordinance.

ORDINANCE NO. 4917
AN ORDINANCE REGARDING THE SALARY OF THE CITY’S MAYOR
SUBSEQUENT TO THE 2027 MUNICIPAL ELECTION WHO SERVES ON
FULL-TIME BASIS AND PERFORMS CHIEF EXECUTIVE OFFICER DUTIES
IN LIEU OF EMPLOYING A CITY ADMINISTRATOR
WHEREAS, the City Council of East Peoria has on occasion employed a city
administrator who has handled the chief executive officer duties for the City during such
periods when the Mayor has served in a part-time capacity; and
WHEREAS, the position of city administrator remains vacant, and the City Council
has previously determined that the City can be effectively managed without a City
Administrator; and
WHEREAS, the City Council could reasonably expect to pay a qualified city
administrator a salary that would exceed $160,000.00; and
WHEREAS, in the absence of employing a city administrator, a Mayor currently
serving full-time and who serves as the chief executive officer of the City performs all the
functions of a city administrator and oversees the day-to-day operations of the City; and
WHEREAS, the City can save its citizens the cost of the salary of a city
administrator and still operate efficiently if it has the services of a full-time Mayor who also
handles the chief executive officer duties for the City; and
WHEREAS, in December 1994, the City adopted Ordinance No. 2777 that
established the salary for the Mayor and City Commissioners, including the part-time
mayor position and the full-time mayor position, along with establishing annual cost of
living adjustments based upon the annual change in the Consumer Price Index for the
preceding calendar year in the manner set forth in Ordinance No. 2777; and
WHEREAS, Ordinance No. 2777 currently remains in full force and effect; and
WHEREAS, the City Council has determined that the salary of a Mayor serving
full-time while handling the chief executive officer duties for the City should be
commensurate with the duties and responsibilities of the full-time position when handling
the chief executive officer duties, and has further determined that an additional adjustment
is appropriate at this time above the salary established pursuant to Ordinance No. 4611
due to current economic considerations; and
WHEREAS, consistent with Resolution No. 1819-132 passed by the City Council
on March 5, 2019, following each quadrennial municipal election, those persons elected
to the City Council shall determine if the position of Mayor shall be a part-time or full-time
position; and

WHEREAS, pursuant to the Municipal Code, the salary of one serving as an
elected official, including the Mayor position, must be fixed at least one hundred eighty
(180) days before the beginning of the term of office; and
WHEREAS, it is in the best interests of the City for the City Council to adjust the
salary of a Mayor serving full-time while handling the chief executive officer duties of the
City as provided herein to be effective at the beginning of the term following the 2027
municipal election;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1. Effective May 1, 2027, the total and only compensation for a person
serving as Mayor on a full-time basis who acts as the chief executive officer of the City
(performing all the functions of a city administrator and overseeing the day-to-day
operations of the City) shall be an annual salary of One Hundred Twenty-Eight Thousand
Seven Hundred Thirty-Three Dollars and Forty-Three Cents ($128,733.43), together with
such insurance and benefits as are accorded other full-time management personnel
(Department Heads). On May 1, 2028, and on the 1st day of May each year thereafter,
the compensation established by the Ordinance shall be adjusted to reflect the increase,
if any, in the cost of living as determined by referencing the change in the Consumer Price
Index for the preceding calendar year as reported by the United States Department of
Labor. A like adjustment, based again on changes in the Consumer Price Index for the
preceding calendar year, shall be made the 1st day of May for each year thereafter.
Section 2. For purposes of this Ordinance, changes in the cost of living shall be
based upon the smallest change found after analyzing changes in the CPIW (all wage
earners) and changes in the CPIU (all urban consumers) for both “all cities” and the
nearest reported urban center.
Section 3. The compensation provided by this Ordinance shall be provided to a
person elected to the position of Mayor and who then serves as full-time Mayor who also
handles the chief executive officer duties for the City only if the City does not employ a
city administrator and the Mayor performs the duties that would otherwise be the
responsibility of a city administrator.
Section 4. A person serving as full-time Mayor under the terms of this
Ordinance shall devote his or her full time, skills, labor, and attention to said position and
shall have no other employment.
Section 5. If the City employs a city administrator or any City official with similar
duties to a city administrator who handles the chief executive officer duties for the City at
any time during a full-time Mayor’s term of office, the Mayor’s compensation shall at that
time revert to the applicable compensation level established by Ordinance No. 2777 as

2

annually adjusted based upon the change in the Consumer Price Index for the preceding
calendar year in the manner set forth in Ordinance No. 2777.
Section 6. This Ordinance supplements Ordinance No. 2777 as provided herein,
and all other prior resolutions or ordinances heretofore adopted by this City Council on this
subject matter are hereby repealed to the extent of their conflict herewith.
Section 7. This Ordinance is hereby ordered to be published in pamphlet form
by the East Peoria City Clerk and said Clerk is ordered to keep at least three (3) copies
hereof available for public inspection in the future and in accordance with the Illinois
Municipal Code.
Section 8. This Ordinance shall be in full force and effect from and after its
passage, approval and ten (10) day period of publication in the manner provided by law.
PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL
COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS ______ DAY OF
__________________, 2026.
AYES: _________________________________________________________
NAYS: ________________________________________________________
ABSENT: ______________________________________________________
APPROVED:
________________________________
Mayor

ATTEST:
________________________________
City Clerk
EXAMINED AND APPROVED:
________________________________
Corporation Counsel

3

MEMORANDUM
July 27, 2026
TO:

Mayor John P. Kahl and Members of the City Council

FROM:

Scott A. Brunton, City Attorney

SUBJECT:

Ordinance Approving Farm Lease for 2027 Crop Season (Newly Acquired
City Property)
______________________________________________________________________
DISCUSSION:
The City has recently successfully bid at public auction on three tracts of approximately
272 acres of undeveloped property located on the northwest side of the City between U.S
Route 24 and Centennial Drive. The City anticipates receiving ownership of this property
in late October 2026, and this property contains approximately 210 acres of tillable
farmland.
At this time, the City seeks to enter into a cash rent agreement for this farmland for the
2027 crop season with the current farmer, Mike Yordy & Sons, Inc. This Ordinance
approved this cash rent farmland lease with Mike Yordy & Sons, Inc. for the 2027 crop
season, which will be entered into after the City acquires title to this property. Further,
this farmland lease will rollover from year to year, while allowing the City to develop
portions of the property and the farmland as future development occurs in this area of the
City.

RECOMMENDATION:

Approval of this Ordinance.

ORDINANCE NO. 4921
AN ORDINANCE APPROVING CASH RENT LEASE
OF CITY FARMLAND
WHEREAS, the City of East Peoria has recently submitted a successful bid at
auction for approximately 272 acres of property located on the northeast side of East
Peoria south of U.S. Route 24 and north of Centennial Drive (and as described in Exhibit
A, attached hereto and incorporated by reference (the “Property”), with an anticipated
closing date in late October 2026 where upon the City will take ownership of the Property;
and
WHEREAS, the Property contains approximately 210 acres of tillable farmland (the
“Farmland”); and
WHEREAS, the City does not anticipate using, developing, or selling the Property
during the 2027 crop season, and thus seeks to lease the Farmland as a means to
generate revenue for the City as authorized under Section 11-76-1 of the Illinois Municipal
Code (65 ILCS 5/11-76-1); and
WHEREAS, the City has negotiated a cash rent farm lease with Mike Yordy &
Sons, Inc. (“Yordy & Sons”) at $225.00 per acre of the Farmland for calendar year 2027
with a bonus payment tied to the yield, as set forth in Exhibit B attached hereto (the “Farm
Lease”); and
WHEREAS, the Farm Lease will roll over from year to year after the 2027 crop
season, while allowing the City to develop portions of the Property and the Farmland as
future development occurs in this area of the City; and
WHEREAS, the City hereby finds that it is in the best interests of the City to lease
the Farmland to Yordy & Sons under the terms and conditions set forth in the Farm Lease
for the 2027 growing season;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1. The findings and recitations hereinabove set forth are adopted and
found to be true.
Section 2. The City hereby declares that the public interest will be best served if
the Farmland is leased to Yordy & Sons under the terms and conditions set forth in the
Farm Lease for the 2026 growing season with a year-to-year lease term thereafter as
provided in the Farm Lease.

Section 3. The Farm Lease with Yordy & Sons for the Property is hereby
approved, and after the City has closed on the purchase of the Property and obtained title
to the Property, the Mayor and City Clerk are hereby authorized to execute the Farm
Lease and all documents necessary to effectuate the provisions of this Ordinance,
together with such changes to the Farm Lease as the Mayor and the City Attorney deem
appropriate.
Section 4. This Ordinance shall be in full force and effect after its passage and
approval in the manner provided by law, provided that this Ordinance shall not be effective
until such time the City acquires title to the Property upon the closing for the sale of the
Property.
PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL
COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS ______ DAY OF
__________________, 2026.
AYES: _________________________________________________________
NAYS: ________________________________________________________
ABSENT: ______________________________________________________
APPROVED:
________________________________
Mayor
ATTEST:
________________________________
City Clerk
EXAMINED AND APPROVED:
________________________________
Corporation Counsel

2

EXHIBIT A
Legal Description of the Property
PARCEL 1:
The Northwest Quarter of the Southwest Quarter of Section 18, Township 26 North, Range
3 West of the Third Principal Meridian; ALSO, the West One-Half of the Northeast Quarter
of the Southwest Quarter of said Section 18; ALSO, that part of the West One-Half of the
Northwest Quarter lying South of the Right of Way conveyed to the State of Illinois by deed,
said deed having been recorded in Volume 607 at page 299; ALSO, that part of the West
One-Half of the East One-Half of the Northwest Quarter lying South of the aforementioned
State Right of Way; all land being in Tazewell County, Illinois, and subject to any existing
rights of way.
PIN: 02-02-18-100-010
PARCEL 2:
The West Half of the Southeast Quarter of Section 18, except 15 acres off the East side
thereof; ALSO the East Half of the East Half of the Southwest Quarter of Section 18, all in
Township 26 North, Range 3 West of the Third Principal Meridian; situate, lying and being
in the County of Tazewell, and State of Illinois; EXCEPTING the following described real
estate: A part of the East Half of the East Half of the Southwest Quarter of Section 18,
Township 26 North, Range 3 West of the Third Principal Meridian, more particularly
described as follows: Commencing at the Southeast corner of the Southwest Quarter of said
Section 18; thence South 88 degrees 57 minutes 29 seconds West along the South Line of
the Southwest Quarter of said Section 18, a distance of 50 feet; thence North 0 degrees 14
minutes 43 seconds West along a line parallel to and 50 feet equal distance from the East
line of the Southwest Quarter of said Section 18, a distance of 25 feet to the North right-ofway line of Highview Road and the Point of Beginning; thence continuing North 0 degrees
14 minutes 43 seconds West along a line parallel to and 50 feet equal distance from the
East Line of the Southwest Quarter of said Section 18, a distance of 705.00 feet; thence
South 69 degrees 32 minutes 06 seconds West, a distance of 481.11 feet to a point that is
139.88 feet Easterly of the West line of the East Half of the East Half of the Southwest
Quarter of said Section 18; thence South 0 degrees 13 minutes 21 seconds East along a
line parallel to and 139.88 feet equal distance East of the West line of the East Half of the
East Half of the Southwest Quarter of said Section 18, a distance of 545.00 feet to the
Northerly right-of-way line of Highview Road; thence North 88 degrees 57 minutes 29
seconds East along the Northerly right-of-way line of Highview Road, 451.72 feet to the
Point of Beginning; containing 6.479 acres; situate, lying and being in the County of
Tazewell, and State of Illinois; ALSO, EXCEPTING THEREFROM, that part conveyed to the
City of East Peoria by Warranty Deed dated March 8, 2011, and recorded April 4, 2011, as
Document No. 11-5983, more particularly described as follows: Part of the Southeast
Quarter of Section 18, Township 26 North, Range 3 West of the Third Principal Meridian,
Tazewell County, Illinois, more particularly described as follows: Commencing at an iron rod

found marking the Southwest corner of said Southeast Quarter; thence North 88 degrees
56 minutes 51 seconds East (bearings assumed for descriptive purposes only) along the
South line of said Southeast Quarter and the proposed centerline of F.A.U. Route 6745
(Centennial Drive) 225.87 feet to the intersection of said South line with the East line of the
right-of-way parcel as described in Warranty Deed recorded November 19, 2003, as
Document No. 03-43102, said intersection also being the Point of Beginning of the right-ofway parcel to be described: From the Point of Beginning, thence North 01 degrees 03
minutes 09 seconds West along said East Line 35.00 feet; thence North 88 degrees 56
minutes 51 seconds East along a line parallel with and 35.00 feet measured normally distant
from said South line 892.46 feet to a point on the West line of Windsong Estates, a
subdivision of part of said Southeast Quarter as shown on Amended Final Plat of Windsong
Estates, recorded September 9, 2004, as Document No. 04-24323, in Plat Book "AAA" at
pages 32-33, said point also being the Northwesterly corner of the 35 feet wide roadway
dedication along said South line as shown on said plat; thence South 00 degrees 31 minutes
45 seconds East along said Westerly line 35.00 feet to a point on said South line; thence
South 88 degrees 56 minutes 51 seconds West along said South line 892.14 feet to the
Point of Beginning; said Right-of-Way Parcel contains 31,230 square feet, or 0.717 acres,
more or less, of which 17,844 square feet, or 0.410 acres, more or less, is in public road
right of way; ALSO, EXCEPTING THEREFROM, that part conveyed to the City of East
Peoria dated November 26, 2003, and recorded December 17, 2003, as Document No. 0345925, more particularly described as follows: Part of the Southwest Quarter and Southeast
Quarter of Section 18, Township 26 North, Range 3 West of the Third Principal Meridian,
City of East Peoria, Tazewell County, Illinois, more particularly described as follows:
Commencing at the South Quarter corner of said Section 18, said South Quarter Corner to
be the Point of Beginning of the Right-of-Way Parcel to be described; from the Point of
Beginning, thence South 89 degrees 09 minutes 48 seconds West (bearings assumed for
description purposes only) along the South line of said Southwest Quarter, 15.240 meters
(50.00 feet); thence North 00 degrees 02 minutes 23 seconds West, 12.192 meters (40.00
feet); thence North 89 degrees 09 minutes 48 seconds East, 15.240 meters (50.00 feet);
thence North 89 degrees 09 minutes 54 seconds East, 68.675 meters (225.31 feet); thence
South 00 degrees 50 minutes 06 seconds East, 12.192 meters (40.00 feet) to a point on the
South line of said Southeast Quarter; thence South 89 degrees 09 minutes 54 seconds West
along said South line of the Southeast Quarter, 68.845 meters (225.87 feet) to the Point of
Beginning; Said Right-of-Way parcel contains 1024 square meters (11,024 square feet) or
0.1024 hectares (0.253 acres), more or less, of which 512 square meters (5,514 square
feet) or 0.0512 hectares (0.127 acres), more or less, is in existing public road right of way.
PIN: Part of 02-02-18-400-003
PARCEL 3:
The Southwest Quarter of the Southwest Quarter of Section 18, and the West Half of the
Southeast Quarter of the Southwest Quarter of Section 18, all in Township 26 North, Range
3 West of the Third Principal Meridian; situated in the County of Tazewell, and State of
Illinois: Commencing at the Southeast corner of the West Half of the said Southeast Quarter
of the Southwest Quarter; thence West, a distance of 700.0 feet; thence North 41 degrees

30 minutes 00 seconds East, a distance of 830.0 feet; thence North, a distance of 700.0
feet, more or less, to the North line of the West Half of the said Southeast Quarter of the
Southwest Quarter; thence East, a distance of 150.00 feet, more or less, to the Northeast
corner of the said West Half; thence South along the East line of the said West Half to the
Place of Beginning.
PIN: 02-02-18-300-003
PARCEL 4:
A part of the East Half of the East Half of the Northwest Quarter of Section 18, and a part of
the West Half of the Northeast Quarter in Section 18, all in Township 26 North, Range 3
West of the Third Principal Meridian, more particularly described as follows: Commencing
at the center of said Section 18 as the Point of Beginning of the tract to be described; thence
South 89 degrees 26 minutes West, along the South line of the Northwest Quarter of said
Section 18, a distance of 650.8 feet; thence North 0 degrees 0 minutes along the West line
of the East Half of the East Half of the Northwest Quarter of said Section 18, a distance of
1,136.20 feet to the Southerly right-of-way line of F.A. Route 172; thence North 87 degrees
50 minutes East along the Southerly right-of-way line of F.A. Route 172, a distance of
1,972.18 feet; thence South 0 degrees 0 minutes along the East line of the West Half of the
Northeast Quarter of said Section 18, a distance of 1,200.1 feet; thence South 89 degrees
49 minutes West along the South line of the Northeast Quarter of said Section 18, a distance
of 1,320 feet to the Point of Beginning; situated in the County of Tazewell, in the State of
Illinois.
PIN: 02-02-18-200-002

EXHIBIT B
Cash Farm Lease Agreement for City Farmland:
Yordy & Sons

CITY OF EAST PEORIA
CASH FARM LEASE AGREEMENT WITH BONUS PAYMENT PROVISION
This Lease Agreement (the “Lease”) is entered into on ______________, 2026, between
MIKE YORDY & SONS, INC., whose mailing address is 26700 Broadway Morton, IL
61550 (“Lessee” or “Tenant”), and the CITY OF EAST PEORIA, 401 W. Washington
Street, East Peoria, Illinois 61611, an Illinois municipal corporation (“City”, “Lessor” or
“Landlord”).
Section 1. Description of Rented Land, Lease Term.
1.

The Landlord rents and leases to the Tenant, to occupy and to use for agricultural
purposes only, the following real estate located in the County of Tazewell and the
State of Illinois, and described as follows: Part of Sections 18, Township 26N
Range 3W and Part of Section 13, Township 26N Range 4 W, consisting of the
tillable portions of PINs 02-02-18-100-010, 02-02-18-200-002, 02-02-18-300-003,
and 02-02-18-400-003, and consisting of approximately 210.15 tillable acres (the
“Leased Premises”).

2.

Lease Term. The term of this Lease shall be from December 1, 2026, to December
1, 2027, or at harvest completion at the end of the crop year, which ever shall come
last. This Lease shall automatically renew subsequent years unless the Lessor or
the Lessee is notified by the other party to the contrary in writing prior to August
31 of the current year. If a new lease is desired, it shall be mutually agreed upon
in writing prior to the end of the current lease.

Section 2. Lease Provisions, Cash Rent.
1.

Tenant agrees to pay the Landlord $225 per acre on 210.15 farmable acres. Total
payment of $47,283.75 shall be paid on November 1 of that crop year. Tenant also
agrees to pay Landlord a calculated bonus payment if applicable. The calculated
bonus payment shall be 50% of the net revenue received that year. Net revenue
is defined as: the gross from the sale of crops, premiums paid from any specialty
crops, government subsidies or programs, and any crop insurance claims, minus
expenses as defined in Section 3 times 50%. Tenant agrees to pay Landlord's
expenses as defined in Section 3 until the defined reconciliation time.
Reconciliation and payment for the net revenue bonus shall be paid on or before
December 31 of the crop year. Reports detailing net revenue calculations shall
accompany the payment. An example of these calculations would be:
Gross revenue:
Expenses for crop year:
Net revenue:

$1200.00/acre
$550.00/acre
$650.00/acre

50% of net revenue
Less base cash rent payment
Bonus payment due

$325.00/acre
$225.00/acre
$100.00/acre

Section 3. Investments and Expenses Used in Bonus Calculation.
The Lessor and Tenant each agree to furnish the investment items and pay the shares of
expenses listed below in such quantities and amounts as to permit the most efficient and
profitable uses of resources of both parties. Any exceptions or alternatives to the stated
shares for any items or categories of items are to be specified.
1.

210.15 acres of crop of crop land: Tenant 0%; Landlord 100%

2.

Improvements: Tile, line fences, driveways, water supply, farm culverts, and
bridges: Tenant 0%; Landlord 100%

3.

Major repairs on improvements Tenant 0%; Landlord 100%

4.

Minor repairs on improvements with labor and material costs:
Landlord 100%

5.

Field Machinery and equipment: Tenant 100%; Landlord 0%

6.

Labor to operate the farm, make minor improvement repairs, and provide general
farm maintenance: Tenant 100%; Landlord 0%

7.

Grain, crop seeds, and Legume and grass seeds: Tenant 50%; Landlord 50%

8.

Herbicides (chemicals only): Tenant 50%; Landlord 50%

9.

Hired Herbicide application: Tenant 50%; Landlord 50%

10.

Crop pesticides: Tenant 50%; Landlord 50%

11.

Hired Crop pesticide application: Tenant 50%; Landlord 50%

12.

Combining: Tenant 100%; Landlord 0%

13.

Grain drying fuel and electricity: Tenant 50%; Landlord 50%

14.

Tractor fuel: Tenant 100%; Landlord 0%

15.

Other fuel, oil, grease: Tenant 100%; Landlord 0%

16.

Machinery repairs: Tenant 100%; Landlord 0%

2

Tenant 0%;

17.

Hauling Lessor's grain to local elevator or determined first point of origin: Tenant
100%; Landlord 0%

18.

Limestone, including hauling and spreading, and VRT application: Tenant 50%;
Landlord 50%

19.

Nitrogen materials: Tenant 50%; Landlord 50%

20.

Hired nitrogen materials application: Tenant 50%; Landlord 50%

21.

Bulk fertilizer Materials: Tenant 50%; Landlord 50%

22.

Hired Bulk Fertilizer Application: Tenant 50%; Landlord 50%

23.

Property Taxes: Tenant 0%; Landlord 100%

24.

Exceptions, other arrangements, and explanations: Upon termination of this
agreement, any unused portion of the lime material, hauling, spreading, and VRT
shall be refunded to the Tenant. A 5-year amortization schedule will be used in the
calculations for determining the unused portion.

Section 4. Tenant’s Duties on Operating Farm.
The Tenant further agrees to perform and carry out the stipulations below:
1.

To cultivate the farm faithfully and in a timely, thorough, and businesslike manner.

2.

To prevent noxious weeds from going to seed on said premises and to destroy the
same and keep the weeds and grass cut.

3.

To haul and spread all manure on appropriate fields at times and in quantities
consistent with environmental protection requirements.

4.

To keep open ditches, tile drains, tile outlets, grass waterways and terraces in good
repair.

5.

To preserve established watercourses or ditches and to refrain from any operation
that will injure them.

6.

To keep any fences (including hedges), and other improvements in good repair
and condition as they are when the Tenant takes possession or in as good repair
and condition as they may be put by the Lessor during the term of the Lease ordinary wear, loss by fire or unavoidable destruction excepted.

7.

To keep the farmstead neat and orderly.

3

8.

To prevent all unnecessary waste, or loss or damage to the property of the Lessor.

9.

To market all of the Landlord’s share of the crop including but not limited to
specialty crops.

10.

To use prudence and care in transporting, storing, handling, and applying all
fertilizers, pesticides, herbicides and other chemicals and similar substances; to
read and follow instructions on the labels for' the use of such materials in order to
avoid injury or damages to persons or property or both on the Leased Premises
and adjoining areas; and to comply with state pesticide training, licensing, storing
and usage.

11.

Any chemicals for weed or insect control or other use, when used, should be
applied at levels not to exceed the manufacture’s recommendation for the soil type
involved.

12.

To refrain from using the Leased Premises for the storage or disposal of hazardous
waste, hazardous substances and other pollutants or toxic substances. No
chemicals or chemical containers will be disposed of on the property.

13.

To generally follow Natural Resource Conservation Service and Farm Service
Agency recommendations and to maintain all other requirements necessary to
qualify current and future farm operators to participate in federal farm programs.

14.

Tenant shall provide a copy, upon request, all information relating to any and all
farm government programs which Tenant or Landlord are participating. Further,
Tenant shall provide a copy, upon request, of any and all yield maps on the
property for the term of the Lease, as well as any scale tickets and receipts of all
crops stored or sold.

Section 5. Restrictions on Tenant’s Activities.
The Tenant further agrees, unless the written consent of the Lessor has been obtained:
1.

Not to assign this Lease to any person or persons or sublet any part of the
premises herein leased.

2.

Not to erect or permit to be erected any structure or building or to incur any
expense to the Lessor for such purposes.

3.

Not to permit, encourage or invite other persons to use any part or all of this
property for any purpose or activity not directly related to its use for agricultural
production.

4.

Not to cut live trees for sale purposes or personal uses.

4

5.

Not to erect or permit to be erected any commercial advertising signs on the farm,
other than seed variety signs.

6.

Not to enter into any agreement, contract or other farming or business
arrangement that alters rights in the Lessor's security interest, right of entry, default
or possession.

7.

Hunting. No hunting shall be permitted on the Leased Premises.

Section 6. Management and Business Procedures.
The Lessor and Tenant agree that they will observe the following provisions:
1.

General Cropping System. Except when mutually decided otherwise, the land use
and cropping shall be approximately as follows: 210.15 acres for rotated and or
non- rotated crops.

2.

Insurance. For the term of the Lease, Tenant shall maintain insurance, insuring
Tenant, while performing on these premises, hereunder for the following types and
in stated minimum amounts:
A.

Crop and hail Insurance dollars are TBD/ acre/year per

B.

Liability Insurance: $1,000,000 per person /$1,000,000 per occurrence

C.

Property Damage: $500,000 per occurrence

D.

Workers Compensation: As required by statute Tenant shall furnish
Landlord with a Certificate of Insurance, upon request, and give notice of
termination of coverage.

3.

Business and accounting procedures. For the most expeditious method of
handling, the Lessor is willing to have the Tenant contract for the shared operating
inputs, as noted in Section 3. The Tenant is willing to provide this service on behalf
of the Lessor because of the greater freedom provided and the opportunity to
obtain price concessions, quantity discounts, etc.

4.

Financial and production records. The Tenant agrees to keep financial and
production records of the farm business and to furnish an annual report to the
Lessor, on such forms as the Lessor may provide on or before December 31.

5.

Government programs. The Lessor and Tenant shall mutually decide each year
whether to enter into governmental programs designed to aid agriculture.

6.

Termination of Lease reimbursements. Upon termination of this Lease, the Lessor
agrees to reimburse the Tenant:

5

A.

For the Tenant's remaining cost in limestone. The Tenant's remaining cost
shall be calculated by depreciating the Tenant's net cost at the rate of 20%
percent annually.

B.

For the Tenant's cost of soluble phosphate (P205) and potash (K20)
fertilizers applied on crops harvested for grain in the last year of this Lease
minus the amount of these plant food elements, valued at the same rates,
contained in the Tenant's share of these crops.

C.

Any government payments applicable during the last year of this Lease
Agreement that is payable the following year.

7.

Land Use in Last Year of Lease. If, during the last six months of the Lease term,
or after notice to terminate has been given if this leasing arrangement has become
a year to year Lease, the parties fail to agree on questions of land use, cropping
system, fertilizer applications or any deviations from the Lease provisions, then the
specific agreements in this Lease shall prevail or, in the absence of agreements in
the Lease, the Lessor shall decide and the Tenant agrees to abide by the Lessor's
decisions. The Lessor's decisions shall not contradict any provisions in this Lease
or violate good farming procedures.

8.

Conservation. Both Lessor and Tenant affirm the goals of minimizing soil erosion
losses and preserving the productivity of the land in ways that are consonant with
their needs and desires for acceptable current returns to their individual inputs on
the Leased Premises. To these ends they agree to implement as far as possible
the best management practices recommended by the Natural Resource
Conservation Service and to cooperate with that agency's soil and water
conservation programs.

9.

Tenant responsible for hired labor. The Tenant shall be solely responsible for all
employer obligations on hired labor with respect to safety requirements and social
security and workers' compensation contributions, and the Lessor shall have no
responsibilities therefore.

Section 7. Default, Possession, Landlord’s Lien, Right of Entry, Mineral Rights, Liability.
1.

Landlord's Right of Entry. The Lessor reserves the right personally or by agents,
employees, or assigns to enter upon the premises at any reasonable time to view
them, to work or make repairs or improvements thereon, to care for and dispose
of the Lessor's share of crops, to develop mineral resources, or, after constructive
notice has been given that the Lease may not be extended, and following
severance of crops, to plow and prepare a seed bed, apply fertilizers, and any
other operation necessary to good farming by the succeeding operator, these
operations not to interfere with the Tenant in carrying out the regular farming
operations. The Landlord further reserves the right personally or by agents,

6

employees, or assigns to enter upon the Leased Premises at any reasonable time
to view the premises, take soil tests, undertake surveying and engineering review
projects and other related actions.
2.

Mineral Rights. Nothing in this Lease shall confer upon the Tenant any right to
minerals underlying the land. Such mineral rights are hereby reserved by the
Lessor together with the full right to enter upon the premises and to bore, search,
excavate, work, and remove the minerals, to deposit excavated rubbish, to pass
over the premises with vehicles, and to lay down and work any railroad track or
tracks, tank, pipelines, power lines, and structures as may be necessary or
convenient for the above purpose. The Lessor agrees to reimburse the Tenant for
any actual damage the Tenant may suffer for crops destroyed by these activities
and to release the Tenant from obligation to continue farming this property when
development of mineral resources interferes materially with the Tenant's
opportunity to make a satisfactory return.

3.

Landlord Liability. The Tenant takes possession of the Leased Premises subject
to the hazards of operating a farm, and assumes all risk of accidents personally as
well as for family, employees or agents in pursuance of farming operations, or in
performing repairs on buildings, fences, tile, and other improvements.

4.

Termination upon Default. Tenant’s failure to make a Lease payment by a due
date set forth in this Lease is a “substantial breach” of this Lease. Further, if either
party fails to carry out substantially the terms or conditions of this Lease, the Lease
may be terminated by the other party by serving a written notice citing the
instance(s) of default and specifying a termination date no sooner than fifteen (15)
days from the date of such notice.

5.

Yielding Possession. The Tenant agrees at the expiration or termination of this
Lease to yield possession of the Leased Premises to the City without further
demand or notice, in as good order and condition as when Tenant entered upon
the Leased Premises, with ordinary wear excepted.

Section 8. Future Development of Leased Premises.
1.

The City will be reviewing potential redevelopment of the Leased Premises from
time to time for the City and its citizens. Should any redevelopment of any
portion of the Leased Premises by the City or pursuant to a redevelopment
agreement entered into by the City interfere with Tenant’s rights under this
Lease during the 2027 crop season or any future crop season while the Lease
remains in effect, the City shall make the Tenant whole for any losses incurred
by Tenant. Further, should the City receive any compensation for crop damage
under such redevelopment arrangements or agreements, the City shall
negotiate in good faith with Tenant for sharing such compensation based upon
the costs incurred by Tenant to date when the crops were damaged, lost profits
incurred by Tenant, and lost cash rent incurred by the City. The sharing of
7

compensation received by the City as provided herein shall satisfy the City’s
obligation hereunder to make the Tenant whole for any losses incurred by the
Tenant. At the time of the execution of this Lease, the City does not anticipate
that these agreements will have any impact of the availability of the Lease
Premises or Tenant’s farming activities under the Lease during the 2027
calendar year, but recognizes that this could change at some point during the
2027 crop season and beyond.
2.

Additionally, the rights of entry on the Lease Premises as set forth in Section
7.1 of this Lease shall expressly include access to the Leased Premises for
agents and representatives of the City, or any developer working with the City
on the redevelopment of any portion of the Lease Premises, for surveying,
inspecting, and testing the areas of the Leased Premises.

3.

Should the City sell or transfer ownership of any portion of the Leased Premises
prior to a new crop year, the acreage figures in this Lease shall be adjusted to
reflect the remaining amount of tillable acreage.

Section 9. General Provisions.
1.

Entire Agreement, Governing Law. This Lease shall constitute the entire
agreement between the parties and shall supersede and replace in its entirety any
prior agreements between the parties on this subject matter. This Lease shall be
governed by the laws of the State of Illinois.

2.

Binding on Successors. This Lease, its terms, provisions, covenants, and
agreements shall be binding upon and inure to the benefit of the parties hereto,
their heirs, assigns, successors, and personal representatives.

3,

Amendments. This Lease shall only be amended in writing and signed by both
parties.

4.

Time of the Essence. Time is of the essence under this Lease.

5.

Notice. All notices provided under this Lease shall be in writing and delivered to
the parties’ address first set forth above, unless changed by written notice to the
other party.

6.

Attorney Fees. All costs and attorney fees incurred by the City in enforcing
collection or performance shall be added to the obligations payable by the Tenant
to the City.

8

IN WITNESS WHEREOF, the City of East Peoria, Illinois, has caused this Lease
Agreement to be signed and executed on its behalf by its Mayor and duly attested by its
City Clerk, and the Tenant has signed and executed this Lease Agreement on the day
and year first above written and effective as provided herein.
CITY OF EAST PEORIA

MIKE YORDY & SONS, INC.

By______________________________
Its Mayor

By______________________________

ATTEST:
By______________________________
It City Clerk

9

PLANNING & COMMUNITY
DEVELOPMENT

TO:

The Honorable Mayor and the City Council

FROM:

Ty Livingston, Director of Planning & Community Development

DATE:

July 21, 2026

SUBJECT:

Floodplain Ordinance Update

BACKGROUND:
The request here is to update the City’s floodplain ordinance. Periodically, FEMA updates its flood
maps based upon additional data collection and its review. The changes proposed here do impact
some neighborhoods in East Peoria. Specifically, a portion of the Richland neighborhood as well as
the area around Central Junior High School and just over the viaduct along Meadow as well as the
neighborhood across East Washington Street from EPCHS.
While this map change doesn’t make it any more likely that these areas will flood, it does mean that
any residence that has a federally backed mortgage will be required to secure flood insurance. This is
a result we tried hard to avoid through contact with FEMA, as well as federal elected officials. In
the end, we were unable to have the adoption date of these maps deferred. As such, these new
maps will go into effect September 7th.
Moving forward, there are still opportunities for these maps to be updated. For example, the East
Peoria Drainage and Levee District is actively working with engineers on a plan to address the area
impacted in the Richland neighborhood. However, map updates can take months, and even years,
to work through and receive approval.
In addition to adopting these new maps, the ordinance also updates our ordinance as it relates to
freeboard (the distance between the base flood elevation and the finished floor elevation of a
structure). For years, the IDNR has been encouraging the City to increase our free board from 0.1’
to 1.0’. This update addresses this issue but provides for flexibility for the expansion of existing
structures – as long as the expansion doesn’t exceed more than 50% of the value. This verbiage is
consistent with other non-conforming use language already found in City Code.
RECOMMENDATION:

Approval, as presented.

Map Exhibits - Updated FEMA FIRM Maps (2026)

0

840

1,680 2,520

■ US Feet

- EAST
= east
PEORIA
to excellence

Map Exhibits Updated FEMA FIRM Maps (2026)

440
880 1,320
0
■ US Feet

- EAST
PEORIA
�� east
to excellence

CITY OF EAST PEORIA

ORDINANCE NO. 4919

AN ORDINANCE REGULATING DEVELOPMENT IN FLOODPLAIN AREAS
IN THE CITY OF EAST PEORIA, ILLINOIS
ADOPTED BY THE
MAYOR & CITY COUNCIL
OF THE
CITY OF EAST PEORIA
THIS ____ DAY OF _____________, 2026.

PUBLISHED IN PAMPHLET FORM BY THE AUTHORITY OF THE MAYOR & CITY
COUNCIL OF THE CITY OF EAST PEORIA, ILLINOIS,
THIS ____ DAY OF ______________, 2026.

City Clerk

ORDINANCE NO. 4919
AN ORDINANCE REGULATING DEVELOPMENT IN FLOODPLAIN AREAS
IN THE CITY OF EAST PEORIA, ILLINOIS
WHEREAS, the City of East Peoria (the “City), pursuant to the police powers
granted by the Illinois Municipal Code (65 ILCS 5/1-2-1, 5/11-12-12, 5/11-30-2, 5/11-308, and 5/11-31-2), wishes to establish eligibility in the National Flood Insurance Program
and in order to do so must meet the requirements of Title 44 of the Code of Federal
Regulations (CFR) Sections 59 to 79 of the National Flood Insurance Program
Regulations, necessary for such participation (the “National Flood Insurance Program”);
and
WHEREAS, the Corporate Authorities have previously adopted Ordinance No.
3493 (February 24, 2004) and Ordinance No. 4326 (January 31, 2017) regarding
floodplain management in the City, as codified as Chapter 11 of Title 4 of the East Peoria
City Code; and
WHEREAS, the Federal Emergency Management Agency (“FEMA”) has
developed new Flood Insurance Rate Maps (“FIRM”) for Tazewell County that identify
flood hazards and base flood elevations within the City of East Peoria; and
WHEREAS, the new FIRMs become effective as of September 1, 2026; and
WHEREAS, as a condition of continued eligibility in the National Flood Insurance
Program, the City is required to adopt floodplain management regulations that meet
federal regulatory standards before the effective date of the FIRMs; and
WHEREAS, the Illinois Department of Natural Resources Office of Water
Resources (“IDNR”) has prepared model flood control regulations that are consistent with
state and these federal regulatory standards; and
WHEREAS, the Mayor and City Council of the City of East Peoria find it to be in
the best interest of the City and its residents to continue maintaining rules and regulations
for floodplain management throughout the City consistent the IDNR model flood control
regulations to allow continued participation in the National Flood Insurance Program; and
WHEREAS, the Mayor and City Council hereby find that it is in the best interest of
the City to update regulations for floodplain management within the corporate limits of the
City and throughout the City in a manner consistent the IDNR model flood control
regulations as provided herein;

2

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS:
Section 1. The findings and recitations hereinabove set forth are hereby adopted
and found to be correct.
Section 2. Chapter 11 of Title 4 of the East Peoria City Code is hereby deleted in
its entirety and replaced as follows:
TABLE OF CONTENTS
Sections:
4-11-1
4-11-2
4-11-3
4-11-4
4-11-5
4-11-6
4-11-7
4-11-8
4-11-9
4-11-10
4-11-11
4-11-12
4-11-13
4-11-14

Purpose
Definitions
Base Flood Elevation
Duties of the Responsible Official
Development Permit
Protecting Buildings
Subdivision Requirements
Public Health and Other Standards
Carrying Capacity and Notification
Variances
Disclaimer of Liability
Penalty
Abrogation and Greater Restrictions
Severability

Section 4-11-1. Purpose.
This Chapter 11 of Title 4 of the East Peoria City Code is enacted pursuant
to the police powers granted to the City by the Illinois Municipal Code (65
ILCS 5/1-2-1, 5/11-12-12, 5/11-30-2, 5/11-30-8, and 5/11-31-2). This
Chapter 11 of Title 4 of the East Peoria City Code is adopted in order to
accomplish the following purposes:
A.

To meet the requirements of 615 ILCS 5/18(g) Rivers, Lakes, and
Streams Act;

B.

To prevent unwise developments from increasing flood or drainage
hazards to others;

C.

To protect new buildings and major improvements to buildings from
flood damage;

D.

To protect human life and health from the hazards of flooding;
3

E.

To promote and protect the public health, safety, and general welfare
of the citizens from the hazards of flooding;

F.

To lessen the burden on the taxpayer for flood control, repairs to
public facilities and utilities, and flood rescue and relief operations;

G.

To maintain property values and a stable tax base by minimizing the
potential for creating blight areas;

H.

To comply with the rules and regulations of the National Flood
Insurance Program codified as 44 CFR 59-79, as amended;

I.

To make federally subsidized flood insurance available by fulfilling
the requirements of the National Flood Insurance Program, and

J.

To preserve the natural characteristics and functions of
watercourses and floodplains in order to moderate flood and
stormwater impacts, improve water quality, reduce soil erosion,
protect aquatic and riparian habitat, provide recreational
opportunities, provide aesthetic benefits, and enhance community
and economic development.

Section 4-11-2. Definitions.
Unless specifically defines below, all words used in this Chapter 11 of Title
4 of the East Peoria City Code shall have their common meanings. The
word “shall” mean the action is mandatory.
For the purposes of this Chapter 11 of Title 4 of the East Peoria City Code,
the following definitions are adopted:
Accessory Structure A non-habitable building, used only for parking of
vehicles or storage, which is on the same parcel of property as the principal
building, and which is incidental to the use of the principal building.
Agricultural Structure A walled and roofed structure used exclusively for
agricultural purposes or uses in connection with the production, harvesting,
storage, raising, or drying of agricultural commodities and livestock,
including aquatic organisms. Structures that house tools or equipment used
in connection with these purposes or uses are also considered to have
agricultural purposes or uses.
Base Flood The flood having a one percent (1%) probability of being
equaled or exceeded in any given year. The base flood is often referred to
4

as the 100-year flood. The base flood elevation at any location is as defined
in Section 3 of this Chapter 11 of Title 4 of the East Peoria City Code.
Base Flood Elevation (BFE) The height in relation to the North American
Vertical Datum (NAVD) of 1988 (or other datum, where specified) of the
crest of the base flood.
Basement Any portion of the building, including any sunken room or
sunken portion of a room, having its floor below ground level (subgrade) on
all sides.
Building A walled and roofed structure, including gas or liquid storage tank,
which is principally above ground including manufactured homes and
prefabricated buildings. The term also includes recreational vehicles and
travel trailers installed on a site for more than one hundred eighty (180) days
per year.
Conditional Letter of Map Revision (CLOMR) A letter providing FEMA’s
comment on a proposed project that would, upon construction, affect the
hydrologic or hydraulic characteristics of a flooding source and thus result
in the modification of the existing Floodway, the effective BFEs, or the
SFHA.
Critical Facility Any facility which is critical to the health and welfare of the
population and, if flooded, would create an added dimension to the disaster.
Damage to these critical facilities can impact the delivery of vital services,
can cause greater damage to other sectors of the community, or can put
special populations at risk.
Dam All obstructions, wall embankments, or barriers, together with their
abutments and appurtenant works, if any, constructed for the purpose of
storing or diverting water or creating a pool. Dams may also include weirs,
restrictive culverts, or impoundment Structures. Underground water
storage tanks are not included.
Development Any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations or storage
of equipment or materials This includes, but is not limited to:
1.

demolition, construction, reconstruction, repair, placement of a
building, or any structural alteration to a building;

2.

substantial improvement of an existing building;

5

3.

installation of a manufactured home on a site, preparing a site for a
manufactured home, or installing a travel trailer on a site for more
than one hundred eighty (180) days per year;

4.

installation of utilities, construction of roads, bridges, culverts, or
similar projects;

5.

redevelopment of a site, clearing of land as an adjunct of
construction;

6.

construction or erection of levees, dams, walls, or fences;

7.

drilling, mining, filling, dredging, grading, excavating, paving, or other
alterations of the ground surface;

8.

storage of materials including the placement of gas and liquid
storage tanks, and channel modifications or any other activity that
might change the direction, height, or velocity of flood or surface
waters.

Elevation Certificate A form published by FEMA that is used to certify the
elevation to which a Building has been constructed.
Existing Manufactured Home Park or Subdivision A manufactured
home park or subdivision for which the construction of facilities for servicing
the lots on which the manufactured homes are to be affixed or buildings to
be constructed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the floodplain
management regulations adopted by a community.
Expansion to an Existing Manufactured Home Park or Subdivision
The preparation of additional sites by the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed
(including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
FEMA Federal Emergency Management Agency and its regulations at 44
CFR 59-79, as amended.
Flood A general and temporary condition of partial or complete inundation
of normally dry land areas from overflow of inland or tidal waters, or from
the unusual and rapid accumulation or runoff of surface waters from any
source. Flood also includes the collapse or subsidence of land along the
shore of a lake or other body of water as a result of erosion or undermining
caused by waves or currents of water exceeding anticipated cyclical levels
6

or suddenly caused by an unusually high water level in a natural body of
water, accompanied by a severe storm, or by an unanticipated force of
nature, such as flash flood or an abnormal tidal surge, or by some similarly
unusual and unforeseeable event which results in a general and temporary
condition of partial or complete inundation of normally dry land areas from
the overflow of inland or tidal waters.
Flood Fringe
floodway.

That portion of the floodplain outside of the regulatory

Flood Insurance Rate Map A map prepared by the FEMA that depicts the
floodplain or special flood hazard area (SFHA) within a community. This
map includes insurance rate zones and may or may not depict floodways
and show BFEs. A FIRM that has been made available digitally is called a
Digital Flood Insurance Rate Map (DFIRM).
Flood Insurance Study An examination, evaluation, and determination of
flood hazards and, if appropriate, corresponding water surface elevations.
Floodplain and Special Flood Hazard Area (SFHA) These two terms are
synonymous. SFHA is the land in the flood plain within a community subject
to a 1 percent or greater chance of flooding in any given year. Those lands
within the jurisdiction of the community and the extraterritorial jurisdiction of
the community, or that may be annexed into the community, which are
subject to inundation by the base flood. The floodplains of the community
are identified as such on panel number(s) of the countywide FIRM prepared
by the FEMA. The area may be designated as Zone A on the FHBM. After
detailed ratemaking has been completed in preparation for publication of
the flood insurance rate map, Zone A usually is refined into Zones A, AO,
AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or
V1-30, VE, or V. SFHA may also refer to areas identified by the community
that are flood prone and designated from other federal state or local sources
of data including but not limited to historical flood information reflecting high
water marks, previous flood inundation areas, and flood prone soils
associated with a watercourse.
Floodproofing Any combination of structural or nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate, property, and their contents.
Floodproofing Certificate A form published by the FEMA that is used to
certify that a building has been designed and constructed to be structurally
dry flood proofed to the flood protection elevation.
Flood Protection Elevation (FPE) The elevation of the base flood plus
one foot of freeboard at any given location in the floodplain. In an AO Zone,
7

the FPE is the depth of the zone shown on the FIRM plus one foot. In Zone
AO areas with no elevations specified on the FIRM, the structure shall have
the lowest floor, including basement, elevated at least one foot above the
highest adjacent natural grade.
Floodway Floodway means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more
than a designated height. The floodway for the floodplains shall be as
delineated on the FIRM prepared by FEMA. The floodways for each of the
remaining floodplains shall be according to the best data available from the
Federal, State, or other sources. In no case shall the designated height be
more than 0.1 foot at any point within the community.
Freeboard An increment of elevation added to the BFE to provide a factor
of safety for uncertainties in calculations, future watershed development,
unknown localized conditions, wave actions, and unpredictable effects such
as those caused by ice or debris jams.
Historic Structure Any structure that is:
1.

Listed individually in the National Register of Historic Places or
preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register.

2.

Certified or preliminarily determined by the Secretary of the Interior
as contributing to the historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district.

3.

Individually listed on the state inventory of historic places by the
Illinois Historic Preservation Agency.

4.

Individually listed on a local inventory of historic places that has been
certified by the Illinois Historic Preservation Agency.

IDNR/OWR
Resources.

Illinois Department of Natural Resources/Office of Water

IDNR /OWR Jurisdictional Stream IDNR/OWR has jurisdiction over any
stream serving a tributary area of 640 acres or more in an urban area, or in
the floodway of any stream serving a tributary area of 6,400 acres or more
in a rural area. Construction on these streams requires a permit from the
IDNR/OWR. (Il Admin. Code 17 Part 3700). The IDNR/OWR may grant
approval for specific types of activities by issuance of a statewide permit
which meets the standards defined in Section 6 of this Chapter 11 of Title 4
of the East Peoria City Code.
8

Letter of Map Amendment (LOMA) Official determination by FEMA that a
specific building, defined area of land, or a parcel of land, where there has not
been any alteration of the topography since the date of the first NFIP map
showing the property within the floodplain, was inadvertently included within
the floodplain and that the building, defined area of land, or a parcel of land is
removed from the floodplain.
Letter of Map Revision (LOMR) Letter that revises BFEs, floodplains or
floodways as shown on an effective FIRM.
Lowest Floor The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for
parking of vehicles, building access, or storage in an area other than a
basement area is not considered a building’s lowest floor. Provided that
such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of Section 6 of this Chapter
11 of Title 4 of the East Peoria City Code.
Manufactured Home A building, transportable in one or more sections that
is built on a permanent chassis and is designed to be used with or without
a permanent foundation when connected to required utilities.
Manufactured Home Park or Subdivision A parcel (or contiguous
parcels) of land divided into two or more lots for rent or sale.
New Construction
Structures for which the start of construction
commenced or after the effective date of floodplain management
regulations adopted by a community and includes any subsequent
improvements of such structures.
New Manufactured Home Park or Subdivision A manufactured home
park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed or buildings to be
constructed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of the floodplain
management regulations adopted by a community.
NFIP National Flood Insurance Program.
NAVD 88 North American Vertical Datum of 1988. NAVD 88 supersedes
the National Geodetic Vertical Datum of 1929 (NGVD).
Recreational Vehicle or Travel Trailer A vehicle which is:
1.

built on a single chassis;
9

2.

four hundred (400) square feet or less in size, when measured at the
largest horizontal projection;

3.

designed to be self-propelled or permanently towable by a light duty
truck; and

4.

designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or
seasonal use.

Repetitive Loss Flood related damages sustained by a structure on two
separate occasions during a ten year period for which the cost of repairs at
the time of each such flood event on the average equals or exceeds twentyfive percent (25%) of the market value of the structure before the damage
occurred.
Special Flood Hazard Area (SFHA) See definition of floodplain.
Start of Construction Includes substantial improvement and means the
date the building permit was issued. This, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition placement, or
other improvement, was within one hundred eighty (180) days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings,
the installation of piles, the construction of columns or any work beyond the
stage of excavation or placement of a manufactured home on a foundation.
For a substantial improvement, actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building
whether or not that alteration affects the external dimensions of the building.
Structure (see “Building”) The results of a man-made change to the land
constructed on or below the ground, including a building, as defined in
Section 2, any addition to a building; installing utilities, construction of roads
or similar projects; construction or erection of levees, walls, fences, bridges,
or culverts.
Substantial Damage Damage of any origin sustained by a structure
whereby the percentage of damage during a ten (10) year period equals or
exceeds fifty percent (50%) of the market value of the structure before the
damage occurred regardless of actual repair work performed. Volunteer
labor and materials must be included in this determination. The term
includes “Repetitive Loss Buildings” (see definition).
Substantial Improvement Any reconstruction, rehabilitation, repair,
addition, or improvement of a structure taking place during a ten (10) year
period in which the percentage of improvements equals or exceeds fifty
10

percent (50%) of the market value of the structure before the improvement
or repair is started.
The term does not include:
1.

Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which are
solely necessary to assure safe living conditions, or

2.

Any alteration of a structure listed on the National Register of Historic
Places or the Illinois Register of Historic Places.

Variance A grant of relief by a community from the terms of a flood plain
management regulation.
Violation The failure of a structure or other development to be fully
compliant with this Chapter 11 of Title 4 of the East Peoria City Code.
Section 4-11-3. Base Flood Elevation.
This Chapter 11 of Title 4 of the East Peoria City Code’s protection standard
is the base flood. The best available base flood data are listed below.
Whenever a party disagrees with the best available data, the party shall
finance the detailed engineering study needed to replace the existing data
with better data and submit it to the FEMA and IDNR/OWR for approval
prior to any development of the site.
A.

The BFE for the floodplains shall be as delineated on the base flood
profiles in the countywide Flood Insurance Study (FIS) of Tazewell
County prepared by the FEMA and dated July 21, 2026. Flood
Insurance Rate Map (FIRM), panel numbers 17179C0030E,
17179C0035E, 17179C0055E, 17179C0065E, and 17179C0200E,
dated February 17, 2017, and panel numbers 17179C0037F,
17179C0040F, 17179C0041F, 17179C0042F, 17179C0045F,
17179CIND1B, and 17179CIND2B, dated July 21, 2026.

B.

The BFE for each floodplain delineated as an “AH Zone” or “AO
Zone” shall be that elevation (or depth) delineated on the FIRM.

C.

The BFE for each of the remaining floodplains delineated as an “A
Zone” on the FIRM shall be according to the best data available from
federal, state, or other sources. Should no other data exist, an
engineering study must be financed by the applicant to determine
BFEs.

11

D.

Establishing a BFE is required in a Zone A for all new subdivision
proposals and other proposed developments (including proposals for
manufactured home parks and subdivisions) greater than 50 lots or
5 acres, whichever is the lesser.

E.

The BFE for the floodplains of those parts of unincorporated County
that are within the extraterritorial jurisdiction, or that may be annexed,
shall be as delineated on the base flood profiles in the FIS and FIRM
prepared by the FEMA.

Section 4-11-4.
Administrator

Duties and Responsibilities of the Floodplain

The Director of Planning and Community Development is hereby appointed
as the Floodplain Administrator for the City to administer and implement
these regulations and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator shall be responsible for the general
administration of this Chapter 11 of Title 4 of the East Peoria City Code and
ensure that all development activities within the floodplains meet the
requirements of this Chapter 11 of Title 4 of the East Peoria City Code. The
Floodplain Administrator shall:
A.

Review all development permits to assure that the requirements of
this Chapter 11 of Title 4 of the East Peoria City Code have been
fully met.

B.

Review all permit applications to determine whether proposed building sites
will be reasonably safe from flooding. If a proposed building site is in a
flood-prone area, all new construction and substantial improvements shall:

C.

1.

be designed (or modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy,

2.

be constructed with materials resistant to flood damage,

3.

be constructed by methods and practices that minimize flood
damages, and

4.

be constructed with electrical, heating, ventilation, plumbing, and
air conditioning equipment and other service facilities that are
located so as to prevent water from entering.

Check all new development sites to determine if they are in the
floodplain using the criteria listed in Section 3, Base Flood Elevation
12

or for critical facilities, using the 0.2% annual chance flood elevation,
if defined.
D.

Process development permits and any permit extensions in
accordance with Section 5 and ensure all development activities
happen in a timely manner.

E.

Ensure that the building protection requirements for all buildings
subject to Section 6 are met and maintain a record of the “as-built”
elevation of the lowest floor (including basement), elevation
certificate, or floodproofing certificate.

F.

Review Elevation Certificates for accuracy and require incomplete or
deficient certificates to be corrected.

G.

Assure that all subdivisions and annexations meet the requirements
of Section 7 and notify FEMA in writing whenever the corporate
boundaries have been modified by annexation.

H.

Ensure that water supply and waste disposal systems meet the
Public Health standards of Section 8.

I.

If a variance is requested, ensure that the requirements of Section
10 are met and maintain documentation of any variances granted.

J.

Inspect all development projects and take any and all penalty actions
outlined in Section 12 as a necessary to ensure compliance with this
Chapter 11 of Title 4 of the East Peoria City Code.

K.

The Floodplain Administrator shall review all floodplain development
permit applications to assure that all necessary permits have been
received from those federal, state, or local governmental agencies
from which prior approval is required. This includes, but is not limited
to, permits pertaining to:
1.

Permits issued by the U.S. Army Corps of Engineers under
Section 10 of the Rivers and Harbors Act and Section 404 of
the Clean Water Act, and the Illinois Environmental Protection
Agency under Section 401 of the Clean Water Act, or permits
from other Federal agencies.

2.

Permits issued for the work in an IDNR/OWR Jurisdictional
Streams by IDNR/OWR (or written documentation is provided
that an IDNR/OWR permit is not required). This would include
any required permits from other state agencies.

13

3.

Within six (6) months, notify FEMA of physical changes in the
Base Flood Elevation (increases or decreases) by submitting
technical or scientific data through the Letter of Map Change
(LOMC) process, so that insurance rates and floodplain
management requirements will be based on current data.

L.

Notify IDNR/OWR and any neighboring communities prior to any
alteration or relocation of a watercourse.

M.

Provide information and assistance to citizens upon request about
permit procedures and floodplain construction techniques.

N.

Cooperate with state and federal floodplain management agencies
to coordinate base flood data and to improve the administration of
this Chapter 11 of Title 4 of the East Peoria City Code.

O.

Maintain for public inspection base flood data, floodplain maps,
copies of state and federal permits, and any other documentation of
compliance for development activities subject to this Chapter 11 of
Title 4 of the East Peoria City Code.

P.

Notify FEMA and IDNR/OWR of any proposed amendments to this
Chapter 11 of Title 4 of the East Peoria City Code.

Q.

Perform site inspections to ensure compliance with this Chapter 11
of Title 4 of the East Peoria City Code and make substantial damage
determinations for structures within the floodplain.

R.

Schedule an annual inspection of the floodplain and document the
results of the inspection.

S.

Establish procedures for administering and documenting
determinations, as outlined below, of substantial improvement and
substantial damage:
1.

Determine the market value or require the applicant to obtain
an appraisal of the market value prepared by a qualified
independent appraiser of the building before the start of
construction of the proposed work. In the case of repair, the
market value of the building shall be the market value before
the damage occurred and before any repairs are made.

2.

Compare the cost to perform the improvement, the cost to
repair a damaged building to its pre-damaged condition, or the
combined costs of improvements and repairs, if applicable, to
the market value of the building. Substantial damage
14

determinations take into account all damage sustained to the
structure regardless if the structure is repaired or not.
3.

Determine and document whether the proposed work
constitutes substantial improvement or substantial damage.

4.

Notify property owner of all determinations and
responsibilities for permitting and mitigation of the structure.

Section 4-11-5. Development Permit.
A.

B.

Development permits:
1.

No person, firm, corporation, or governmental body, not
exempted by law, shall commence any development in the
floodplain without first obtaining a development permit from
the Floodplain Administrator.

2.

No person, firm, corporation, or governmental body shall
commence any development of a critical facility on land below
the 0.2% annual chance flood elevation without first obtaining
a Development permit from the Floodplain Administrator.

3.

The Floodplain Administrator shall only issue a permit for
development activities, including new construction and
substantial improvements, which meet the requirements of
this Chapter 11 of Title 4 of the East Peoria City Code.

The application for development permit shall be accompanied by:
2.

A site plan or drawings, drawn to scale using NAVD 88,
showing:
a.

property lines and dimensions;

b.

existing grade elevations;

c.

all changes in grade resulting from excavation or filling;

d.

description of the benchmark or source of survey
elevation control;

e.

sewage disposal facilities;

f.

water supply facilities;
15

2.

C.

g.

floodplain limits based on elevation or depth, as
applicable;

h.

floodway limits, as applicable;

i.

the location and dimensions of all buildings and
additions to buildings;

j.

the location and dimensions of all structures, including
but not limited to fences, culverts, decks, gazebos,
agricultural structures, and accessory structures;

k.

the elevation of the lowest floor (including basement)
of all proposed buildings subject to the requirements of
Section 7 of this Chapter 11 of Title 4 of the East Peoria
City Code.

Cost of project or improvements, including all materials and
labor, as estimated by a licensed engineer or architect. A
signed estimate by a contractor may also meet this
requirement.

Upon receipt of an application for a development permit, the
Floodplain Administrator shall compare the elevation of the site to
the BFE.
1.

Any development located on land that is shown by survey
elevation to be below the current BFE is subject to the
provisions of this Chapter 11 of Title 4 of the East Peoria City
Code.

2.

Any development located on land shown to be below the BFE
and hydraulically connected to a flood source, but not
identified as floodplain on the current FIRM, is subject to the
provisions of this Chapter 11 of Title 4 of the East Peoria City
Code.

3.

Any development located on land that can be shown by
survey data to be higher than the current BFE and which has
not been filled after the date of the site’s first flood map
showing the site in the floodplain, is not located in a mapped
floodway, or located in a Zone A, is not in the floodplain and
therefore not subject to the provisions of this Chapter 11 of
Title 4 of the East Peoria City Code. A LOMR-Floodway is
required before developing land inadvertently included in a
16

mapped floodway. Unless a LOMR is obtained, all ordinance
provisions apply if the land is located in a Zone A.
4.

Any development located on land that is above the current
BFE but will be graded to an elevation below the BFE, is
subject to the provisions of this Chapter 11 of Title 4 of the
East Peoria City Code.

5.

The Floodplain Administrator shall maintain documentation of
the existing ground elevation at the development site and
certification that this ground elevation existed prior to the date
of the site’s first FIRM identification.

6.

The Floodplain Administrator shall be responsible for
obtaining from the applicant copies of all other federal, state,
and local permits, approvals or permit-not-required letters that
may be required for this type of activity. The Floodplain
Administrator shall not issue a permit unless all other federal,
state, and local permits have been obtained.

D.

Upon receipt of an application for a critical facility, the Floodplain
Administrator shall compare the elevation of the site to the 0.2%
annual chance flood elevation, if available. Refer to Section 8. A. 5.
for critical facility site requirements.

E.

A development permit or approval shall become invalid unless the
actual Start of Construction, as defined, for work authorized by such
permit, is commenced within 180 days after its issuance, or if the
work authorized is suspended or abandoned for a period of 180 days
after the work commences. All permitted work shall be completed
within twelve (12) months after the date of issuance of the permit or
the permit shall expire. Time extensions, of not more than 180 days
each, may be granted, in writing, by the Floodplain Administrator.
Time extensions shall be granted only if the original permit is
compliant with this Chapter 11 of Title 4 of the East Peoria City Code
and the FIRM and FIS in effect at the time the extension is granted.

F.

Certification and As-Built Documentation. The applicant is required
to submit certification by a licensed professional engineer or
registered land surveyor that the finished fill and building elevations
were accomplished in compliance with Section 6 of this Chapter 11
of Title 4 of the East Peoria City Code. Floodproofing measures must
be certified by a registered professional engineer or registered
architect as being compliant with applicable floodproofing standards.
FEMA Elevation Certificate and Floodproofing Certificate forms may
be required as documentation of compliance.
17

An as-built grading plan, prepared by a registered professional
engineer, may be required to certify that any development in
floodplain, such as grading or the construction of bridges or culverts,
are in substantial conformance with the development permit.
No building, land or structure may be occupied or used in any
manner until a letter or certificate has been issued by the Floodplain
Administrator stating that the use of the building or land conforms to
the requirements of this Chapter 11 of Title 4 of the East Peoria City
Code.
The Floodplain Administrator must maintain records in perpetuity
documenting compliance with this Chapter 11 of Title 4 of the East
Peoria City Code, including the elevation to which structures and
alterations to structures are constructed or floodproofed.
G.

Engineering Review Fee. A fee may be charged if the Floodplain
Administrator requires the assistance of a professional engineer or
other expert. The applicant will be contacted in writing before any
outside review begins with the estimated engineering or expert
review fee. The applicant must consent in writing before the outside
review begins. The engineering review fee shall be paid in full by the
applicant within thirty (30) days after the applicant receives the bill.

Section 4-11-6. Protecting Buildings.
A.

All buildings located in the floodplain shall be protected from flood
damage below the FPE. This building protection requirement applies
to the following situations:
1.

Construction or placement of a new building or alteration or
addition to an existing building.

2.

Value of improvements equals or exceeds the market value
by fifty percent (50%) If substantially improved, the existing
structure and the addition must meet the flood protection
standards of this section.

3.

Repairs made to a substantially damaged building. If
substantially damaged, the entire structure must meet the
flood protection standards of this section within 24 months of
the date the damage occurred.

18

B.

4.

Installing a manufactured home on a new site or a new
manufactured home on an existing site.

5.

Installing a travel trailer or recreational vehicle on a site for
more than one hundred eighty (180) days per year.

6.

Repetitive loss to an existing building as defined in Section 2.

7.

Construction or placement of a new building or alteration or
addition to an existing building with the low floor below BFE
following a LOMR-F in accordance with the conditions
outlined in Section 9. E. The structure must meet FEMA
Technical Bulletin (TB) 10 Reasonably Safe from Flooding
Requirement for Building on Filled Land.

Residential or non-residential buildings can meet the building
protection requirements by one of the following methods:
1.

The building may be constructed on permanent landfill with
the lowest floor including basement at or above the FPE in
accordance with the following conditions:
a.

The lowest floor (including basement) shall be at or
above the FPE.

b.

The fill shall be placed in layers no greater than six
inches before compaction and should extend at least
twenty (20) feet beyond the foundation before sloping
below the FPE in lieu of a geotechnical report.

c.

The fill shall be protected against erosion and scour
during flooding by vegetative cover, riprap, or other
structural measure.

d.

The fill shall be composed of rock or soil and not
incorporated debris or refuse material.

e.

The fill shall not adversely affect the flow of surface
drainage from or onto neighboring properties and when
necessary, stormwater management techniques, such
as swales or basins, shall be incorporated.

f.

In AO Zone, require that new construction and
substantially improved buildings have their lowest floor
(including basement) to or above the highest adjacent
grade at least as high the FPE for the Zone AO. In Zone
19

AO areas with no elevations specified, the structure
shall have the lowest floor, including basement,
elevated at least two feet above the highest adjacent
natural grade.
g.

2.

In AO and AH Zones, new construction and
substantially improved buildings shall have adequate
drainage paths around buildings on slopes to guide
floodwaters around and away from the structure.

The building may be elevated in accordance with the
following:
a.

The building or improvements shall be elevated on
stilts, piles, solid walls, crawlspace, or other foundation
that is permanently open to flood waters.

b.

All components located below the FPE shall be
constructed of materials resistant to flood damage.

c.

The lowest floor and all electrical, heating, ventilating,
plumbing, and air conditioning equipment shall be
located at or above the FPE.

d.

If walls are used, all enclosed areas below the FPE
shall provide for equalization of hydrostatic pressures
by allowing the automatic entry and exit of floodwaters.
At least two (2) walls must have a minimum of one (1)
permanent opening that is below the BFE and no more
than one (1) foot above finished grade. The openings
shall provide a total net area of not less than one (1)
square inch for every one (1) square foot of enclosed
area subject to flooding below the BFE, or the design
must be certified by a Registered P.E, as providing the
equivalent performance in accordance with accepted
standards of practice. Refer to FEMA Technical
Bulletin 1, Openings in Foundation Walls and Walls of
Enclosures, for additional guidance.

e.

The foundation and supporting members shall be
anchored, designed, and certified so as to minimize
exposure to hydrodynamic forces such as current,
waves, ice, and floating debris.
i.

Water and sewer pipes, electrical and telephone
lines, submersible pumps, and other service
20

facilities may be located below the FPE
provided they are waterproofed.

3.

ii.

The area below the FPE shall be used solely for
parking or building access and not later modified
or occupied as habitable space.

iii.

In lieu of the above criteria, the design methods
to comply with these requirements may be
certified by a licensed professional engineer or
architect.

The building may be constructed with a crawlspace located
below the FPE provided that the following conditions and
requirements of FEMA TB 11, Crawlspace Construction for
Buildings Located in Special Flood Hazard Areas, whichever
are more restrictive, are met:
a.

The building must be designed and adequately
anchored to resist flotation, collapse, and lateral
movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the
effects of buoyancy.

b.

All enclosed areas below the FPE shall provide for
equalization of hydrostatic pressures by allowing the
automatic entry and exit of floodwaters. A minimum of
one (1) permanent opening shall be provided on at
least two walls that is below the BFE and no more than
one (1) foot above finished grade. The openings shall
provide a total net area of not less than one (1) square
inch for every one (1) square foot of enclosed area
subject to flooding below the BFE, or the design must
be certified by a registered professional engineer as
providing the equivalent performance in accordance
with accepted standards of practice. Refer to FEMA
TB 1, Openings in Foundation Walls and Walls of
Enclosures, for additional guidance.

c.

The interior height of the crawlspace measured from
the interior grade of the crawl to the top of the
foundations wall must not exceed four (4) feet at any
point.

d.

An adequate drainage system must be installed to
remove floodwaters from the interior area of the
21

crawlspace within a reasonable period of time after a
flood event.

C.

D.

e.

The velocity of floodwaters at the site should not
exceed 5 feet per second for any crawlspace. For
velocities in excess of 5 feet per second, other
foundation types should be used.

f.

Portions of the building below the FPE must be
constructed with materials resistant to flood damage,
and

g.

Utility systems within the crawlspace must be elevated
above the FPE.

Non-residential buildings may be structurally dry floodproofed (in lieu
of elevation) provided a licensed professional engineer or architect
certifies that:
1.

Below the FPE the structure and attendant utility facilities are
watertight and capable of resisting the effects of the base
flood.

2.

The building design accounts for flood velocities, duration,
rate of rise, hydrostatic and hydrodynamic forces, the effects
of buoyancy, and the impact from debris and ice.

3.

Floodproofing measures will be incorporated into the building
design and operable without human intervention and without
an outside source of electricity.

4.

Levees, berms, floodwalls, and similar works are not
considered floodproofing for the purpose of this subsection.

Manufactured homes or travel trailers to be permanently installed on
site shall be:
1.

Elevated to or above the FPE in accordance with Section 6.
B, and

2.

Anchored to resist flotation, collapse, or lateral movement by
being tied down in accordance with the rules and regulations
for the Illinois Mobile Home Tie-Down Act issued pursuant to
77 Ill. Adm. Code § 870.

22

E.

F,

Travel trailers and recreational vehicles on site for more than one
hundred eighty (180) days per year shall meet the elevation
requirements of section 6. D unless the following conditions are met:
1.

The vehicle must be either self-propelled or towable by a light
duty truck.

2.

The hitch must remain on the vehicle at all times.

3.

The vehicle must not be attached to external structures such
as decks and porches.

4.

The vehicle must be designed solely for recreation, camping,
travel, or seasonal use rather than as a permanent dwelling.

5.

The vehicles having a total area not exceeding four hundred
(400) square feet measured when measured at the largest
horizontal projection.

6.

The vehicle’s wheels must remain on axles and inflated.

7.

Air conditioning units must be attached to the frame so as to
be safe for movement of the floodplain.

8.

Propane tanks as well as electrical and sewage connections
must be quick-disconnect.

9.

The vehicle must be licensed and titled as a recreational
vehicle or park model, and must either:
a.

entirely supported by jacks, or

b.

have a hitch jack permanently mounted, have the tires
touching the ground and be supported by block in a
manner that will allow the block to be easily removed
by used of the hitch jack.

Detached accessory structures may be permitted provided the
following conditions are met:
1.

The structure must be non-habitable.

2.

The structure must be used only for the parking and storage
and cannot be modified later into another use.

23

3.

The structure must be located outside of the floodway or must
meet all requirements of this Chapter 11 of Title 4 of the East
Peoria City Code.

4.

The exterior and interior building components and elements
(i.e., foundation, wall framing, exterior and interior finishes,
flooring, etc.) below the BFE, must be built with flood-resistant
materials in accordance with Section 6.

5.

All utilities, mechanical, and electrical must be elevated above
the FPE.

6.

The structure must have at least one permanent opening on
at least two walls, not more than one (1) foot above grade with
one (1) square inch of opening for every one (1) square foot
of floor area. They shall meet the opening requirements of
Section 6(B)(2)(d).

7.

The structure must be no more than one story in height and
no more than six hundred (600) square feet in size.

8.

The structure shall be anchored to resist floatation, collapse,
lateral movement. and overturning.

9.

All flammable or toxic materials (gasoline, paint, insecticides,
fertilizers, etc.) shall be stored above the FPE.

10.

The lowest floor elevation should be documented, and the
owner advised of the flood insurance implications.

Section 4-11-7. Subdivision Requirements
The City Council shall take into account hazards, to the extent that they are
known, in all official actions related to land management use and
development.
A.

New subdivisions, manufactured home parks, annexation
agreements, planned unit developments, and additions to
manufactured home parks and subdivisions shall meet the damage
prevention and building protections standards of Section 6 of this
Chapter 11 of Title 4 of the East Peoria City Code. Assure that
subdivision proposals and other development will be reasonably safe
from flooding and minimize flood damage.

24

B.

Streets, blocks lots, parks and other public grounds shall be located
and laid out in such a manner as to preserve and utilize natural
streams and channels. Wherever possible the floodplains should be
included within parks, open space parcels, or other public grounds.

C.

Any proposal for such development shall include the following data:
1.

The BFE and the boundary of the floodplain, where the BFE
is not available from an existing study, the applicant shall be
responsible for calculating the BFE.

2.

The boundary of the floodway, when applicable.

3.

A signed statement by a Licensed Professional Engineer that
the proposed plat or plan accounts for changes in the
drainage of surface waters in accordance with the Plat Act
(765 ILCS 205/2).

Section 4-11-8. Public Health and Other Standards
A.

Public health standards must be met for all floodplain development.
In addition to the requirements of Section 6 of this Chapter 11 of Title
4 of the East Peoria City Code, the following standards apply:
1.

No development in the floodplain shall include locating or
storing chemicals, explosives, buoyant materials, flammable
liquids, pollutants, or other hazardous or toxic materials below
the FPE unless such materials are stored in a floodproofed
and anchored storage tank and certified by a professional
engineer or floodproofed building constructed according to the
requirements of Section 6 of this Chapter 11 of Title 4 of the
East Peoria City Code.

2.

Public utilities and facilities such as sewer, gas and electric
shall be located and constructed to minimize or eliminate flood
damage.

3.

Public sanitary sewer systems and water supply systems shall
be located and constructed to minimize or eliminate infiltration
of flood waters into the systems and discharges from the
systems into flood waters.

4.

New and replacement on-site sanitary sewer lines or waste
disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during
25

flooding. Manholes or other above ground openings located
below the FPE shall be watertight.
5.

Critical facilities, which are buildings, constructed or
substantially improved within the floodplain or the 0.2 percent
annual chance flood elevation when defined, shall have the
lowest floor (including basement) elevated or structurally dry
floodproofed to the 0.2 percent annual chance flood elevation
or three feet above the BFE, whichever is greater. Adequate
parking shall be provided for staffing of the critical facilities at
or above the BFE or 0.2 percent chance flood, when defined.
Access routes to all critical facilities should be reviewed and
considered when permitting. Access routes should be
elevated to or above the level of the BFE.
Floodproofing and sealing measures may also be used to
provide protection, as described in Section 6, and must be
taken to ensure that toxic substances will not be displaced by
or released into floodwaters.
Critical Facilities include emergency services facilities (such
as fire and police stations), schools, hospitals, retirement
homes, and senior care facilities.

B.

All other activities defined as development shall be designed so as
not to alter flood flows or increase potential flood damages.

C.

Dams are classified as to their size and their hazard/damage
potential in the event of failure. Permits for dams may be required
from IDNR/OWR. Contact IDNR/OWR to determine if a permit is
required. If a permit is required, a permit application must be made
to IDNR/OWR prior to the construction or major modification of
jurisdictional dams. All construction activity for a dam must also meet
the development requirements of this Chapter 11 of Title 4 of the
East Peoria City Code.

D.

In floodway areas, development shall cause no increase in flood
levels during the occurrence of the base flood discharge. Prior to
issuance of a floodplain development permit, the applicant must
submit a hydrologic and hydraulic analysis, conducted by a
registered professional engineer, demonstrating that the proposed
development would not result in any increase in the base flood
elevation.

E.

Notwithstanding any other provisions of this Chapter 11 of Title 4 of
the East Peoria City Code, a community may permit development
26

within the adopted regulatory floodway that would result in an
increase in base flood elevations, provided that the community
meets subsection (F) and fulfills any requirements for such revisions.
F.

Letters of Map Revision. The Floodplain Administrator shall require
a CLOMR prior to issuance of a development permit for:
1.

Proposed floodway encroachments that will cause an
increase in the BFE; and

2.

Proposed development which will increase the BFE by more
than 0.1 feet in riverine area where FEMA has provided a BFE
but no floodway.
Once a CLOMR has been issued by FEMA, the development
permit may be issued for site grading and structures
necessary in the area of the map change to achieve the final
LOMR. Upon completion, the applicant shall submit as-built
certifications, as required by FEMA, to achieve a final LOMR
prior to the release of final development permits.

G.

When construction of a building following a FEMA issued LOMR
Based on Fill (LOMR-F) is requested, the condition where a site in
the floodplain is removed due to the use of fill to elevate the site
above the BFE, the applicant may apply for a permit from to construct
the lowest floor of a building below the BFE in the floodplain.
The Floodplain Administrator shall not issue such a permit unless the
applicant has demonstrated that the building will be reasonable safe
from flooding. The Floodplain Administrator shall require a
professional certification from a qualified design professional that
indicates the land or buildings are reasonably safe from flooding,
according to the criteria established in FEMA TB 10. Professional
certification may come from a professional engineer, professional
geologist, professional soil scientist, or other design professional
qualified to make such evaluations.
The Floodplain Administrator shall maintain records, available upon
request by FEMA, all supporting analysis and documentation used
to make that determination, including but not limited to, all
correspondence, professional certification, existing and proposed
grading, sump pump sizing, foundation plans, Elevation Certificates,
soil testing, and compaction data.

27

Section 4-11-9. Carrying Capacity and Notification.
For all projects involving channel modification, fill, or stream maintenance
(including levees), the flood carrying capacity of the watercourse shall be
maintained. In addition, adjacent communities, Illinois Department of
Natural Resources and FEMA, shall be notified thirty (30) days prior to
issuance of a permit for any alteration or relocation of a watercourse.
Section 4-11-10. Variances.
A.

No variances shall be granted within a floodway if any increases in
the base flood elevation would result.

B.

Whenever the standards of this Chapter 11 of Title 4 of the East
Peoria City Code place undue hardship on a specific development
proposal, the applicant may apply to the Zoning Board of Appeals
(ZBA) for a variance. The ZBA shall review the applicant’s request
for a variance and shall submit its recommendation to the City
Council. The City Council may attach such conditions to granting of
a variance as it deems necessary to further the purposes and
objectives of this Chapter 11 of Title 4 of the East Peoria City Code.
The City Council shall base the determination on:
1.

Technical justifications submitted by the applicant.

2.

The staff report, comments, and recommendations submitted
by the floodplain administrator.

3.

The limitations, considerations, and conditions set forth in this
section.

C.

The findings of fact and conclusions of law made by the City Council
based upon the review by the ZBA as provided in this Section 4-1110, the notifications required by Section 4-11-10, and a record of
hearings and evidence considered as justification for the issuance of
all variances from this Chapter 11 of Title 4 of the East Peoria City
Code shall be maintained by the City in perpetuity.

D.

No variance shall be granted unless the applicant demonstrates and
the ZBA finds that all of the following conditions are met:
1.

The development activity cannot be located outside the
floodplain.

28

E.

F.

2.

A determination that failure to grant the variance would result
in exceptional hardship by rendering the lot undevelopable.

3.

The variance granted is the minimum necessary, considering
the flood hazard, to afford relief.

4.

There will be no additional threat to public health, public
safety, destruction of beneficial stream uses and functions
including, aquatic habitat, causation of fraud on or
victimization of the public, conflict with existing local laws or
ordinances, or creation of a nuisance.

5.

There will be no additional public expense for flood protection,
rescue or relief operations, policing, lost environmental
stream uses and functions, repairs to streambeds and banks,
or repairs to roads, utilities, or other public facilities.

6.

The circumstances of the property are unique and do not
establish a pattern inconsistent with the intent of the NFIP.

7.

Good and sufficient cause has been shown that the unique
characteristics of the size, configuration, or topography of the
site renders the requirements of this Chapter 11 of Title 4 of
the East Peoria City Code inappropriate.

8.

All other state and federal permits have been obtained.

The ZBA shall notify an applicant in writing that a variance from the
requirements of the building protections standards of Section 7 that
would lessen the degree of protection to a building will:
1.

Result in increased premium rates for flood insurance up to
twenty-five dollars ($25) per one hundred dollars ($100) of
insurance coverage.

2.

Increase the risk to life and property.

3.

Require that the applicant proceed with knowledge of these
risks and that the applicant acknowledge in writing the
assumption of the risk and liability.

Considerations for Review. In reviewing applications for variances,
all technical evaluations, all relevant factors, all other portions of
these regulations, and the following shall be considered:

29

G.

1.

The danger that materials and debris may be swept onto other
lands resulting in further injury or damage.

2.

The danger to life and property due to flooding or erosion
damage.

3.

The susceptibility of the proposed development, including
contents, to flood damage and the effect of such damage on
current and future owners.

4.

The importance of the services provided by the proposed
development to the community.

5.

The availability of alternate locations for the proposed
development that are not subject to flooding or erosion.

6.

The compatibility of the proposed development with existing
and anticipated development.

7.

The relationship of the proposed development to the
comprehensive plan and floodplain management program for
that area.

8.

The safety of access to the property in times of flood for
ordinary and emergency vehicles.

9.

The expected heights, velocity, duration, rate of rise and
debris and sediment transport of the floodwaters and the
effects of wave action, if applicable, expected at the site.

10.

The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public
utilities and facilities such as sewer, gas, electrical and water
systems, streets, and bridges.

Historic Structures. Variances issued for the reconstruction, repair,
or alteration of a historic site or historic structure as defined in
“Historic Structures”, may be granted using criteria more permissive
than the requirements of Sections 6 and 7 of this Chapter 11 of Title
4 of the East Peoria City Code subject to the conditions that:
1.

The repair or rehabilitation is the minimum necessary to
preserve the historic character and design of the structure.

2.

The repair or rehabilitation will not preclude the structure’s
continued designation as a historic structure.
30

H.

Agriculture Structures. Variances issued for the construction or
substantial improvement of agricultural structures which do not meet
the non-residential building requirements of Sections 6. B and 6. C,
provided the requirements of Section 10. A through 10. G and the
following are satisfied:
1.

2.

A determination that the proposed agricultural structure:
a.

Is used exclusively in connection with the production,
harvesting, storage, raising, or drying of agricultural
commodities, or storage of tools or equipment used in
connection with these purposes or uses, and will be
restricted to such exclusive uses.

b.

Has low damage potential (amount of physical
damage, contents damage, and loss of function).

c.

Does not increase risks and pose a danger to public
health, safety, and welfare if flooded and contents are
released, including but not limited to the effects of
flooding on liquified natural gas terminals, and
production and storage of highly volatile, toxic, or
water-reactive materials.

d.

Complies with the wet floodproofing construction
requirements of Section H. 2.

Wet
floodproofing
construction
floodproofed structures shall:

requirements.

Wet

a.

The exterior and interior building components and
elements (i.e., foundation, wall framing, exterior and
interior finishes, flooring, etc.) below the BFE, must be
built with flood-resistant materials in accordance with
Section 6 of this Chapter 11 of Title 4 of the East Peoria
City Code.

b.

The building must be designed and adequately
anchored to resist flotation, collapse, and lateral
movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the
effects of buoyancy.

c.

All enclosed areas below the FPE shall provide for
equalization of hydrostatic pressures by allowing the
31

automatic entry and exit of floodwaters. A minimum of
one (1) permanent opening shall be provided on at
least two walls that is below the BFE and no more than
one (1) foot above finished grade. The openings shall
provide a total net area of not less than one (1) square
inch for every one (1) square foot of enclosed area
subject to flooding below the BFE, or the design must
be certified by a registered professional engineer as
providing the equivalent performance in accordance
with accepted standards of practice. Refer to FEMA
TB 1, Openings in Foundation Walls and Walls of
Enclosures, for additional guidance.
d.

Any mechanical, electrical, or other utility equipment
must be located above the BFE or floodproofed so that
they are contained within a watertight, floodproofed
enclosure that is capable of resisting damage during
flood conditions in accordance with Section 6 of this
Chapter 11 of Title 4 of the East Peoria City Code.

e.

If located in a floodway, must be issued a state
floodway permit or have a letter of determination that a
permit is not required.

f.

The building may not be used for manure storage or
livestock confinement operations.

Section 4-11-11. Disclaimer of Liability.
The degree of protection required by this Chapter 11 of Title 4 of the East
Peoria City Code is considered reasonable for regulatory purposes and is
based on available information derived from engineering and scientific
methods of study. Larger floods may occur or flood heights may be
increased by man-made or natural causes. This Chapter 11 of Title 4 of the
East Peoria City Code does not imply that development either inside or
outside of the floodplain will be free from flooding or damage. This Chapter
11 of Title 4 of the East Peoria City Code does not create liability on the part
of the City of East Peoria or any officer or employee thereof for any flood
damage that results from proper reliance on this Chapter 11 of Title 4 of the
East Peoria City Code or any administrative decision made lawfully
thereunder.

32

Section 4-11-12. Penalty.
Failure to obtain a permit for development in the floodplain or failure to
comply with the conditions of a permit or a variance shall be deemed to be
a violation of this Chapter 11 of Title 4 of the East Peoria City Code. Upon
due investigation, the Floodplain Administrator may determine that a
violation of the minimum standards of this Chapter 11 of Title 4 of the East
Peoria City Code exists. The Floodplain Administrator shall notify the owner
in writing of such violation.
A.

B.

If such owner fails after ten (10) days from the date the written notice
is issued, to correct the violation:
1.

The City of East Peoria shall make application to the circuit
court for an injunction requiring conformance with this Chapter
11 of Title 4 of the East Peoria City Code or make such other
order as the court deems necessary to secure compliance
with this Chapter 11 of Title 4 of the East Peoria City Code.

2.

Any person who violates this Chapter 11 of Title 4 of the East
Peoria City Code shall upon conviction thereof be fined not
less than one hundred dollars ($100) or more than seven
hundred fifty ($750) for each offense.

3.

A separate offense shall be deemed committed upon each
day during or on which a violation occurs or continues, and

4.

The City of East Peoria shall record a notice of violation on
the title of the property.

The Floodplain Administrator shall inform the owner that any such
violation is considered a willful act to increase flood damages and
therefore may cause coverage by a Standard Flood Insurance Policy
to be suspended.
The Floodplain Administrator is authorized to issue an order
requiring the suspension of the subject development. The stop-work
order shall be in writing, indicate the reason for the issuance, and
shall order the action, if necessary, to resolve the circumstances
requiring the stop-work order. The stop-work order constitutes a
suspension of the permit.
No site development permit shall be permanently suspended or
revoked until a hearing is held by ZBA. Written notice of such
hearing shall be served on the permittee and shall state the grounds

33

for the complaint, reasons for suspension or revocation, and the time
and place of the hearing.
At such hearing, the permittee shall be given an opportunity to
present evidence on their behalf. At the conclusion of the hearing,
ZBA shall determine whether the permit shall be suspended or
revoked.
C.

Nothing herein shall prevent the City of East Peoria from
taking such other lawful action to prevent or remedy any
violations. All costs connected therewith shall accrue to the
person or persons responsible.

Section 4-11-13. Abrogation and Greater Restrictions.
This Chapter 11 of Title 4 of the East Peoria City Code repeals and replaces
other ordinances adopted by City Council to fulfill the requirements of the
NFIP. However, this Chapter 11 of Title 4 of the East Peoria City Code does
not repeal the original resolution or ordinance adopted to achieve eligibility
in the program. Nor does this Chapter 11 of Title 4 of the East Peoria City
Code repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. Where this Chapter 11 of Title 4 of the East Peoria City
Code and other ordinance easements, covenants or deed restrictions
conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
Section 4-11-14. Severability.
The provisions and sections of this Chapter 11 of Title 4 of the East Peoria
City Code shall be deemed separable and the invalidity of any portion of
this Chapter 11 of Title 4 of the East Peoria City Code shall not affect the
validity of the remainder.
Section 3. This Ordinance is hereby ordered to be published in pamphlet form by
the East Peoria City Clerk and said Clerk is ordered to keep at least three (3) copies
hereof available for public inspection in the future and in accordance with the Illinois
Municipal Code.
Section 4. This Ordinance is in addition to all other ordinances on the subject and
shall be construed therewith excepting as to that part in direct conflict with any other
ordinance, and in the event of such conflict, the provisions hereof shall govern.
Section 5. This Ordinance shall be in full force and effect from and after its
passage, approval and ten (10) day period of publication in the manner provided by law.
34

PASSED BY THE COUNCIL OF THE CITY OF EAST PEORIA, TAZEWELL
COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS
DAY OF
_________________, 2026.
AYES:_________________________________________________________
NAYS: ________________________________________________________
ABSENT: ______________________________________________________
APPROVED:
________________________________
Mayor

ATTEST:
________________________________
City Clerk
EXAMINED AND APPROVED:
________________________________
Corporation Counsel

CERTIFICATE OF PUBLICATION
I, MORGAN R. CADWALADER and the undersigned, do hereby certify that I am
the duly qualified and acting Clerk of the City of East Peoria, a municipal corporation of
and in the County of Tazewell, Illinois, that the foregoing Ordinance No. ______ is a true
and accurate copy of the Ordinance passed by the City Council and Mayor of the City of
East Peoria on the meeting date set forth therein, and that the Ordinance was published
by me in pamphlet form this _____ day of ___________________, 2026, by making three
(3) copies thereof available on that date for public inspection.
_____________________________________
City Clerk

35

East Peoria Police Department
MEMORANDUM
08/04/2026
TO:

Mayor John P. Kahl and Members of the City Council

FROM

Police Chief David Catton

SUBJECT: Purchase of Bi-Directional Amplifier (BDA) System
DISCUSSION:

During the design phase of the new Police Department facility, staff and project
designers discussed the potential for radio communication challenges within certain
areas of the building. It was recognized that the construction materials and design of a
secure holding facility could impede radio signals. However, because the building was
not fully enclosed at that time, it was not possible to conduct definitive radio coverage
testing.
Following construction and full enclosure of the building, testing confirmed that officers
currently are unable to maintain reliable radio communication with the Dispatch Center
while inside the holding area. This creates significant safety and operational concerns.
To resolve this issue, Mobile Communications America has provided a quote for the
supply and installation of a Bi-Directional Amplified Antenna (BDA) system specifically
designed to provide full radio coverage throughout the holding area. The BDA system
will amplify and distribute existing public safety radio signals, ensuring clear, reliable
two-way communication.
Recommendation:

It is recommended that the City Council approve the purchase and installation of the
BDA system from Mobile Communications America for $32,907.41.(see attached)

500 W.Camp St., East Peoria, Illinois 61611
Phone: (309)698-4700 Fax: (309)698-9834

RESOLUTION NO. 2627-041
East Peoria, Illinois
________________, 2026
RESOLUTION BY COMMISSIONER

RESOLUTION APPROVING THE PROPOSAL FROM MOBILE COMMUNICATIONS
AMERICA FOR THE BI-DIRECTIONAL AMPLIFIER SYSTEM PROJECT FOR THE
NEW POLICE STATION
WHEREAS, the City of East Peoria constructed a new Police Station on Cityowned property located on Camp Street adjacent to the intersection with Clock Tower
Drive (the “Police Station Project”); and
WHEREAS, as a result of the radio communication challenges within certain areas
of the new Police Station due to the size and construction of the new Police Station
structure, a radio amplification system known as Bi-Direction Amplifier System (“BDA
System”) is needed (the “BDA System Project”); and
WHEREAS, the City has obtained a quote from Mobile Communications America
(“MCA”) for the BDA System Project for the New Police Station at a cost of $32,907.41,
as set forth in Exhibit A attached hereto and incorporated by reference (the “Quote); and
WHEREAS, it is in the best interests of the City to accept the Quote for the BDA
System Project for the New Police Station as provided in the Quote;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1.

The above recitations are found to be true and correct.

Section 2. The BDA System Project for the New Police Station as provided in
the Quote is hereby approved.
Section 3. The Mayor or his designee is hereby authorized and directed to
execute an agreement with Mobile Communications America in the amount of $32,907.41
for the BDA System Project for the New Police Station as specified in the Quote on behalf
of the City, together with such changes as the Mayor in his discretion may approve;
provided, however, that the City shall have no obligation under the terms of this
Resolution to MCA until an original purchase order or agreement has been delivered to
MCA as provided herein.

APPROVED:
________________________________
Mayor
ATTEST:
_______________________________
City Clerk

2

EXHIBIT A
QUOTE FOR THE BDA SYSTEM PROJECT FOR THE NEW POLICE STATION:
MOBILE COMMUNICATIONS AMERICA

3

Mobile Communications America
4017 Prospect Rd
Peoria Heights, IL 61616
Phone: 309-682-0831
Fax:

Page 1

QUOTATION

Bill To:

Ship To:

East Peoria IL Police Dept
Accounts Payable
201 W Washington St
East Peoria, IL 61611

East Peoria IL Police Dept
Accounts Payable
201 W Washington St
East Peoria, IL 61611

Contact:
Contact #:

Contact:
Contact #:

Date: 07/15/2026
Qty

Item

Terms: NET 30 DAYS
escr ption
Description

U/M

Unit Price

Extended

Quote to add a Bi-Directional Amplified Antenna (BDA) System to cover the Booking Area of the new East Peoria Police
Department.

1

ATC-GC7V20-D7

Collinear Omni Antenna, 746-870MHz

EA

612.56

612.56

1

FRM125

60H Non-Penetrating Mount

EA

128.00

128.00

2

230900

SABRE SITE SOLUTIONS - SSM
RUBBER MAT 1/2"x18"x48"

EA

34.27

68.54

8

100825

8x8x16 Concrete Block

EA

0.00

0.00

100

DSLDF450ACABLE

CABLE: 1/2IN LDF HELIAX POLY JKT PER FOO

EA

2.55

255.00

4

L4TNM-PS

CONNECTOR 1/2" N-MALE

EA

34.28

137.12

1

IS-B50HN-C2

Bulkhead Arrestor N/F

EA

117.89

117.89

1

CS04-053-429

617-2700 MHz ClearLink Low PIM 2-Way Power
Divider

EA

53.91

53.91

150

612626

Low Loss Flexible LMR-400-Plenum

FT

12.63

1,894.50

8

503934

N MALE CRIMP FOR LMR400
MFG:

EA

23.73

189.84

4

410548

RF - N FEMALE CRIMP-9913, LMR40
AMPHENOL RF

EA

15.79

63.16

3

606116

Indoor antenna Omni

EA

34.50

103.50

3

266021

N MALE JUMPER

EA

82.42

247.26

1

FM2

Fiberglass Ant Mtg. Kit

EA

47.26

47.26

1

HONBDA-D7S37A

700/800PS Class A, 5 Watt BDA w/FirstNet Support,
DC
SKU:293879

EA

14,421.00

14,421.00

1

72713

3/4-in x 10.0-ft Silver Metallic EMT Conduit

EA

15.37

15.37

10

75640

Sigma ProConnex 3/4-in Electrical (EMT) / Die cast
zinc Set screw Connector 5 -Pack

EA

7.25

72.50

1

FT-INSTALL

Installation of BDA at New Station

EA

14,480.00

14,480.00

Mobile Communications America
4017 Prospect Rd
Peoria Heights, IL 61616
Phone: 309-682-0831
Fax:

Page 2

QUOTATION

Bill To:

Ship To:

East Peoria IL Police Dept
Accounts Payable
201 W Washington St
East Peoria, IL 61611

East Peoria IL Police Dept
Accounts Payable
201 W Washington St
East Peoria, IL 61611

Contact:
Contact #:

Contact:
Contact #:

Date: 07/15/2026
Qty

Item

Accepted By:

Terms: NET 30 DAYS
escr ption
Description

U/M

Unit Price

Extended

Date:

Please contact customer representative by phone or email with any questions:
Customer Rep: Dave Lander
Phone #:
[email protected]
Email:

Subtotal :
Tax :
Total Quote :

$32,907.41
$0.00
$32,907.41

Quote Valid for 30 Days.

Effective August 1, 2018, all credit card payments are subject to a 2% convenience fee

All orders are subject to the MCA Terms and Conditions attached hereto and incorporated by reference.
Order are also subject to partial shipment and partial invoice.
Tax calculations provided are estimates and are subject to change.

MOBILE COMMUNICATIONS AMERICA, INC. TERMS AND CONDITIONS
The following Terms and Conditions ("T&Cs"), together with the terms of the relevant Quote, and any other documents incorporated herein by
reference, constitute the sole and entire agreement ("Agreement") between Mobile Communications America, Inc. a Delaware co rporation
("MCA") and the Customer whose name appears on the signature page of the Quote ("Customer"; MCA and Customer are referred to collectively
as the "Parties" and each, individ ua lly, a "Party") with respect to the equipment and/or pa rts ("Goods") and/or services ("Services"; collectively,
the "Work") to be provided by MCA to Customer in the Quote, and supersede all prior or contemporaneous understandings, agreements,
negotiations, representations and wananties, and communications, both written and oral. The quantity, quality a nd description of the Goods
shall be as specified in an applicable Quote and/or any applicable specification agreed to in writing by the Parties. With respect to Services, any
Quote is expressly su bject to MCA's inspection of the site where the Services will be performed and its suitability for the Services in MCA's sole
and absolute d iscr etion.
By accepting a Quote, Goods or Servi ces from MCA, Customer's consent to this Ag reement will be conclusively established regard less of the
manner of acceptance. Customer acknowledges and agrees to this Agreement and no other terms a nd cond itions issued on Customer's PO or
other work/order form a re incorporated or will apply unless agreed upon by both Pa rties i n writing and signed by the Parties. This Agreement
will prevail over a ny of Customer's general terms and cond itions of purchase regardless of whether or when Customer has submitted its purchase
order or such terms. Fulfillment of Customer's order does not constitute acceptance of any of Customer's terms and does not serve to modify or
amend this Agreement. In the event of any conflict between these T&Cs and the Quote, these T&Cs shall govern, unless the Quote expressly
states that the terms and conditions of the Quote sha ll control.
1.

2.

3.

4.
5.

6.

INDEPENDENT CONTRACTORS. Neither the transactions contemplated by the Agreement or any other document between the Parties are intended
to constitute or create a joint venture, pooling arrangement, partnership, or formal business organization of any kind. The Parties shall act as
independent contractors at all times and neither Party shall act as an agent for the other, and the employees of one Party shall not be deemed
employees of the other Party.
SHORTAGES AND DEFECTS OF GOODS: Customer wi ll be deemed to have accepted the Goods unless MCA is notified in wri ting of the rejection
of any unit of the Goods within three (3) days of receipt. Any cla im of shortages or defects must be made withi n three (3) days of delivery to
Customer. Claims must be provided to MCA i n writing and must detail for MCA the specific reason(s) for rejection. Customer shall afford MCA
prompt and reasonable opportunity to inspect all Goods against which any claim is made. Customer shall not return any Goods to MCA without
prior authorization. After MCA has reviewed the rejection notice and authorized the return, Customer will retum the rejected Goods to MCA (or
MCA's designee) in the same condition as when it was received. All returns must be in the original container and packaging along with all
accessories and instructions included must be shipped freight prepaid. Notwithstand i ng the foregoing, (a) in the event MCA reasonably determines
that the basis for rejection relates to a matter covered by a Ma nufacturerWarranty, MCA shall have no lia bility u nder this Section other than to
inform Customer of such determination.
PRICING AND PAYMENT: Pricing for the Services or the Goods, or the manner or method by which such pr ic es shall be set or finally determi ned,
shall be set forth in the Quote. All quotations reflect U.S. Dollars. Customer acknowledges that prices may fluctuate due to manufacturer costs,
supply chain variances, tariffs or Force Majeure Events (hereinafter defined). As such, MCA reserves the right to adjust prices accordingly and/or
cancel Quotes at any time. MCA will make reasonable effort to provide Customer timely notice of such changes. Due to industry-wide
shortages affecting chips and memory components, electronic products in th is category may see fluctuating pricing and periodic
supply-chain inte rruptions. For current pricing informati o n, consult your MCA sales team . MCA reserves the right to implement
price increases when requi red. The right to refuse to accept any Quotes for any reason is reserved by MCA even if a previous quotation has
been made. All payments must be made i n U .S. Dollars. Payment shall be due and payable no la ter than thirty (30) days from the date of invoice.
If Customer makes payment by check, the check must be drawn on a US bank. Payment shal l not be deemed received by MCA for any purpose
here under, includi ng MCA's security interest in the Goods, until such time as MCA receives cleared ava ilable funds. Each Quote, assuming due
fulfillment thereof, shal l be considered a separate and independ ent transaction and payment therefor shall be made accordingly. Payment shall
not be withheld on account of any claim by Customer against MCA. Customer shall not and acknowledges that it will have no right, under this
Agreement or any other agreement, document, or law to with hold, offset or debit any amounts owed or due to MCA or any of its Affiliates against
any other amount owed or due to MCA or any of its Affiliates under any other document or agreement. If Customer disputes any portion of a
MCA invoice, Customer shall pay the undisputed portion when due and MCA and Customer shall work in good faith to resolve the disp ute as to
the balance within thirty (30) days from notice of the disputed portion, at which point Customer agrees to pay that portion whether an agreement
has been reached or otherwise. Any i nvoiced a mount which is not pa id in accordance with this Agreement shall be considered overdue .
Nonpayment or delay in payment by Customer shal l be considered a breach of the Agreement. If services, installation and/or shipments (as
appl icable to a particular Quote) are delayed by the Customer, payments shall be due on the date when MCA is prepared to perform (or cause a
third party to perform). Goods held for the Customer shall be at the risk and expense of the Customer. Goods shipped as exchanges will be
invoiced for full va lue until the exchange is complete and Goods has been returned to MCA in good and working condition, at which point a credit
for the fu ll value will be given to Customer . If the financial cond ition of the Customer at any time does not, in MCA's sole and absolute discretion,
justify conti nuance of performa nce or shipment on the terms of payment specified, MCA may require full or pa rtial payment from the Customer
in advance. In the event of bankruptcy or i nsolvency of the Customer, or in the event any proceedings are broug ht by or against the Customer
u nder any bankruptcy or insolvency laws, MCA shall be entitled to cancel any Quote then outstandi ng and shall receive reimbursement for any
expenses incurred by it in connection with such cancellation and any applicable cance llation charges.
STANDARD TERMS WITHOUT CREDIT : If Customer has not established prel iminary credit with MCA, prepayment of the full amount of any invoice
is required, unless such requirement is wa ived by MCA i n its sole and absol ute discretion .
STAN DARD TERMS WITH CREDIT;
a. Up to $50,000.00 - withi n Net thirty (30) days after date of invoice submitted by MCA.
b. Over $50, 000.00 may require the below milestone payments:
•
40% down once a Quote is accepted by MCA
•
50% once materials shipped for Customer's use
•
10% withi n thirty (30) days of the earlier of invoice or completion of installation, if applicable.
NON-STAN DARD CREDIT TERMS : Negotiable prior to Quote acceptance.

1
MCA T&C (v M a r 2026)

NON-STANDARD PAYMENT TERMS: Non-standard payment terms which include cash payments and credit card payments by customers with
credit terms with MCA, may be subject to convenience fees, in MCA's sole and absolute d iscretion .
8 . LATE FEES: MCA shall be entitled, without prejudice to any of its other rights or remedies, after a seven (7) day grace period, to charge Customer
interest at the rate of 1 .5% on any past due amount.
9 . TAXES: The prices stated i n any quote or Quote may not include any provision for sales, use, excise, or si milar taxes. The amount of any and all
such present or future taxes or other government charges applicable to the Services and, if applicable, the Goods will be added by MCA to the
sales price and shall be paid by the Customer, unless Customer provides MCA with a tax-exemption certificate acceptable to the taxing authority.
If MCA is required to pay or bear the burden of any excluded tax, the prices set forth herein shall be i ncreased by the amount of such tax a nd
any interest or penalty assessed, and Customer shall pay to MCA the fu ll payment of any such i ncrease no later than ten (1O) days after receipt
of invoiced charges.
10. SECURITY INTEREST. Customer grants to MCA a purchase money security interest in the Goods, including any software provided hereunder, and
to the proceeds thereof until the full price and all other liabil ities due to MCA are satisfied. Upon any default or breach by Customer hereunder
and to the extent applicable, MCA shall have all of the rights and remedies of a secured party under the Uniform Commercial Code or other
applicable law, which rights shall be cumulative. Customer hereby authorizes MCA to take any and all steps it determi nes are necessary to cause
its security interest to be ma intained and perfected, including, without limitation, the filing of any financing statements, and any amendments
and/or renewals thereof. MCA shall have the right to enter Customer's premises and repossess and remove any Goods if full payment has not
been ti mely received by MCA.
11. DELIVERY : Unless otherwise specifically stated in an agreement signed by the Parties, delivery of all Goods shall be FOB MCA's shipping facility
or at MCA's option, FOB point of manufacture . The Goods shall be delivered to the delivery address stated in the Quote. Shipping or delivery dates
are best estimates only. in either case during the Customer's usual business hou rs. MCA will a nange for ground shipment through a carrier of its
choice unless a specific carrie r has been mutual ly agreed upon in writing by both Customer and MCA. All shipping cha rges will be prepa id by MCA
and subsequently added to the Customer's invoice. Title and risk of loss or damage shall pass to Customer upon MCA's delivery of the goods to
a common ca rrier or other delivery agency for shi pment to Customer. MCA assumes no liability in connection with shipment nor shall the carrier
in any way be construed to be an agent of MCA. MCA shall not be liable for any damages or penalty for delay caused by transportation or failure
to give notice of such delay. The Goods shall be marked in accordance with the Customer's instructions and any applicable regulations or
requirements of the carrier, if applicable, and properly packed and secured so as to reach their destination in an undamaged condition in the
ord inary course. If MCA is una ble to make deliveries as specified by Customer, MCA shall notify Customer immediately . Upon MCA's notification
to the Customer of delivery, or upon storing the Goods at the Customer's request, the Customer is deemed to have ac cepted the Goods, and
thus, the ownersh ip and a ll associatedl iabi lities for the Goods. Upon delivery, any and all risks related to the possession, use, or maintenance of
the Goods shall be borne solely by the Customer. Insurance is the sole responsi bility of the Customer. MCA is not responsible for procuring
insurance for the Goods, and the cost of any insurance coverage will not be included in the Product price unless explicitly requested by the
Customer at the time of Quote acceptance. Should the Customer request MCA to insure the Goods, the associated costs will be added to
Customer's invoice. MCA reserves the right to make deliveries in installments and the contract shall be severable as to such installments. Delivery delay
or default of any installment shall not relieve Customer of its obligation to accept and pay for remaining deliveries.
12. INSPECTION : MCA shall take any steps necessary to comply with any reasonable request by the Customer to i nspect or test the Goods prior to
installation. If as a result of inspection or testing the Customer is not satisfied that such Goods will perform as anticipated per the written
guidelines of the a pplic able manufacturer of any particular Goods (eac h, a "Ma nufacturer"), and if the Customer so i nforms MCA within three (3)
days of inspection or testing, MCA shall take commercia lly reasonable steps as are necessary to ensure com pliance. Fail ure to so inform MCA
within such three (3)-day period shall constitute Customer's irrevocable waiver of its rights under this Section.
13. CANCELLATION. In the event of a ca ncellation by Customer for any reason, Customer will be responsible for payment to MCA for a ll Goods
received, a ll non-cancelable goods on order with third-party suppliers, as wel l as Services provided up to the date of cancellation as follows:
a. Goods: Customer will pay the full price for a ll Goods that have been delivered and received, or which are in tra nsit, whether to the project
site or as Offsite Stored Materials, through the date that notice of cancellation is received by MCA. These Goods will be invoiced at the
previously agreed-upon rates and payment will be made within 30 days of the date of invoice.
b. Goods on Order and Non-Cancelable : Customer will pay the full agreed upon price for all Goods that have been ordered specifical ly for the
project and which cannot be canceled or returned for fu ll reimbursement. This includes any custom-made items or materials that were
procu red for the project. These Goods will be invoiced at the previously agreed-upon rates and payment shall be made within 30 days of
the date of invoice .
c. Services Provided: Customer will pay for all Services rendered by MCA up to the date notice of project cancellation is received by MCA. The
Services will be invoiced at the previously agreed -upon rates and payment will be made withi n thirty (30) days from the date of the invoice .
Services provided include but are not limited to consu ltation, desig n, instal lation labor, project management, subconti
acted services and any
other services outli ned in the Agreement.
d . Returnable or Cancelable Goods: May be retuned at Customer's expense and may be subject to restocking charges. Programmed Goods
may be returned at MCA's discretion and will be subject to a reprog ramming fee.
14. WARRANTY:
a. MANUFACTUR ER'S WARRANTIES. Manufacturers of the Goods provide wananties, including, a software warranty and a license warranty, of
varying periods and coverage (collectively, "Ma nufacturer Warranties"). Written copies of Manufacturer Warranties are available upon
request. Customer acknowledges and agrees that MCA shall have no obl igation whatsoever in respect of Manufacturer Wanantiesand makes
no warranty with respect to any goods or supplies supp lie d by any third party.
ants to Customer that it shall perform the Services using personnel of required skill, experience,
b . LIMITED SERVICES WARRANTY. MCA wan
and qua lifications and in a professional and workman li ke manner i n accordance with generally recognized industiy standards for similar
services and shal l devote adequate resources to meet its obligations under the Agreement ("Limited Services Warranty"). The Limited
Services Wananty shall survive for a period of twelve (12) months following the date Services commences (the "Warranty Period"). The
Limited Services Warranty is not assignable or transferrable to any thi rd party (including any Affiliate of Customer).
c. WARRANTY DISCLAIMER. EXCEPT FOR THE LIMITED SERVICES WARRANTY, MCA MAKES NO WARRANTY WHATSOEVER WITH RESPECT
TO SERVICES AND/OR ANY GOODS, INCLUDING ANY (A) WARRANTY OF M ERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A
THIRD PARTY; OR (E) OTHER WARRANTY WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE,
USAGE OF TRADE, OR OTHERWIS E.
7.

2
MCA T&C (v Ma r 2026)

WARRANTY CON DITIONS. MCA shall not be liable for a breach of the Limited Services Wananty unless: (A) Custom er gives written notice
of breach thereof, reasona bly described, to MCA within twenty (20) days of the time when Customer d iscovers or ought to have discovered
the breach a nd such notice is given during the Warranty Peri od and (B) MCA reasonably verifies Customer's claim that the Services was
defective . MCA shall not be liable for a breach of the Limited Services Wa nanty if (I) Customer makes any further use of such Goods after
giving such notice; (ii) the defect arises because Customer fai led to follow MCA's oral or written instructions as to the storage, installation,
commissioning, use or ma intenance of the Goods; or (i ii) Customer alters or repairs such Goods without the prior writte n consent of MCA.
e. EXCLUSIVE REM EDIES. Subject to Customer's compliance with the paragraph titled "Warra nty Conditions" above, Customer's sole and
exclusive remedy for breach of the Limited Services Warranty sha ll be, in MCA's sole discretion, (i) to repa ir or re-perform the applicable
Services or (ii) to credit or refund the price of such Services at the pro rata contract rate. SUCH REMEDY SHALL BE TH E CUSTOMER'S SOLE
AND EXCLUSIVE REMEDY AND MCA'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED SERVICES WARRANTY.
15. AFFILIATES. MCA reserves the rig ht, without prior notice to Customer, to provide any Goods through, or cause any of its obligations under this
Agreement to be performed by any of its Affil ia tes. In such case, the work shall be treated as a separate agreement between the Customer and
Affiliate, governed by the Agreement with the Affil iate taking the place of MCA for all purposes herein. Customer is to make payment d irectly to
the Affiliate for such Quotes. For the purposes of this Agreement, "Affiliate" shal l mea n, with respect to a Party, any entity which owns or controls,
is owned or controlled by, or is u nder common ownershi p or control with, su ch Pa rty. In addition, MCA may subcontract the Services to be
provided to Customer to a third party without Customer's consent, provided that such subcontracting wil l not release MCA from any of its
obliga tions under the Agreement.
16. FORCE MAJ EUR E: MCA sha ll not be responsible for any failure to perform due to causes beyond its reasonable control, such as, but not limited
to, acts of God, flood, fire, earthquake, explosion, acts of the Customer, acts of civil or military authority, war, invasion, hostilities (whether war
is declared or not), terrorist threats or acts, riot or other ci vil unrest, embargoes or blockades, national or regional emergency, judicial action,
pandemic, epidemic, default of subcontractors or vendors, labor disputes, accident, failure or delays on tra nsportation, and inab ility to obtai n
necessary power, labor or ma terials (each, a "Force Majeure Event"). In the event of any delay due to such causes, or other difficulties, (whether
or not similar in nature to a ny of those specified) the date of delivery shall be extended for a period equal to the time lost.
17. GOVERNMENT CONTRACTS: In the event that the Customer's customer is the United States Government, the Services and, if applicable, Goods
are purchased as Commercia l Services or Commercial Goods, respecti vely, under the Federal Acquisition Regulation ("FAR "), and MCA wi ll agree
to comply with, if applicable, FAR 52.2 12-5 (Contract Terms and Conditi ons Required to Implement Statutes or Executive Quotes-Commercial
Goods and Commercial Services). Any other Government flow downs shall be negotiated by the Parties and agreed upon between the Parties in
writing prior to acceptance of a Quote by MCA.
18. FCC AND OTHER GOVERNMENT MATTERS: Although MCA may assist in the preparation of FCC License Applications as a courtesy, Customer is
solely responsible for obtaining any licenses dictated under the FCC's rules and regulations or requ ired by any other Federal, State or Local
government agency . Neither MCA nor any of its employees is an agent of the Customer in FOC or other governmental matters.
19. FACIAL RECOGNITION (AVIGILON) . If applic able, Customer acknowledges and understands that the Avigilon Alta Video Face Search solution
includes facia l recog n ition technologies which allow an authorized user to upload an image, including the face of a person or interest, and then
utilize AI-powered video analytics to search for footage to identify matches for that person across your selected cameras. This technology may
have privacy impl ications i n your jurisdiction of use. Please be reminded that you, as the Customer, are responsible for complying with applica ble
laws or regulations regarding your use of this technology, including, without limitati on, publishing and enforcing any requi red privacy notices or
statements to i ndividuals, obta ining and documenting any requ ired consents, and establishing and ma intaining any appl icable policies regarding
acceptable use and processing of personal in formation while using these features.
20. NON-SOLICITATION. MCA expends considerable resources i nduding money, time, training, etc. to properly trai n and educate its employees. MCA
experiences considerable financial and other harm when its employees are recru ited and hi red by customers. Therefore, Customer agrees to not
recruit or solicit any MCA employee until and after such employee has terminated his employment with MCA for a period of at least one (1) year.
In consideration of MCA performi ng its services under this Agreement, Customer acknowledges MCA's damages in such event and agrees to pay
as liq u idated damages for breach of this Section a one-time payment equal to five hundred (500) times the then standard technician hourly
billable rate, which is currently $200/hour.
2 1. PATENT, COPYRIGHT AND TRADEMARKS:
a. COPYRIGHT AND MASK WORKS: Laws in the United States and other cou ntries preserve for manufacturers certain exclusive rights, in the
manufacturer's software incorporated into any Goods ("Manufacturer's Software") or i ncluded in Services, mask works and other works of
authorship furnished hereunder, including, without limitation, the exclusive rights to prepare work derived from same, reprodu ce copies in
same and distribute copies of same. Such Manufacturer's Software, mask works and other works of authorship may be used in, and
redistributed with, only the Goods which incorporate the same. No other use, including without limitation, the reproduction, modification, or
disa ssembly of such Manufacturer's Software, mask works and othe r works of authorship or exclusive rights in same is permitted.
b. REVERSE ENGIN EERING : Customer acknowledges manufacturer's claim that the Manufacturer's Software and Goods furnished hereunder
contain valuable tirade secrets of manufacturer and therefore agrees that it will not translate, reve rse engi neer, decompi le, or disassemble,
or make any other unauthorized use of such Man ufacturer's Software and Goods. Since unauthorized use of such Manufacturer's Software
and Goods wi ll greatly diminish the value of such trade secrets.
c. LOGOS AND TRADEMARKS: Customer sha ll not have a right to use any trademarks, names, slogans, or designations of MCA or any
manufacturer of Goods incorporate d into or included in any Goods and/Services.
22. MUTUAL WAIVER OF SUBROGATION . Customer and MCA waive all rights against each other for damages caused by any loss, to the extent those
losses are covere d and paid by insurance, and e xcept such rights as they have to proceeds of such insurance. This waiver of subrogation sha ll
be effective as to a person or entity (1) even though that person or entity would otherw ise have a duty of indemnification, contractual or
otherwise , (2) even though that person or entity did not pay the insurance premium directly or ind irectly, or (3) whether or not the person or
entity had an insura ble i nterest in the damaged property. Except for damages covered and paid by insurance (for which the Parties have waived
rights of subrogation, as outlined elsewhere i n this agreement), the Parties agree that MCA's aggregate liability for all clai ms, suits, actions and
proceedings, howsoever arising, d irectly or indi rectly, under or relating to this agreement or its subject matter, including (but not limited to)
those based on breach or rescission of contract or tort, shall not exceed, in the aggregate: (i) the fees paid by the Customer to MCA under this
Agreement.
23. LIMITATIONS;
a. LIMITATIONS OF MCA LIABILITY. IN NO EVENT SHALL MCA BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY MATTER ARISING
OUT OF OR RELATED TO THIS AGREEMENT IN RESPECT OF ANY LOSS OF USE, REVENU E OR PROFIT OR LOSS OF DATA OR DIMINUTION
IN VALU E, OR FOR ANY CONSEQUENTIAL, IN DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING
d.

3
MCA T&C (v Ma r 2026)

OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE
FORESEEABLE AND WHETHER OR NOT MCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE
FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. NO ACTION SHALL BE GROUGHT FOR ANY BREACH OF THIS
CONTRACT MORE THAN ONE ( 1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION EXCEPT FOR MONEY DUE UPON AN OPEN
ACCOUNT. Both Parties agree that this waiver of consequential damages is a materia l ind ucement to enter into this Agreement.
b. MAXIMUM LIABILITY. IN NO EVENT S
HALL MCA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER
ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PURCHASE
PRICE OF THE PARTICULAR GOODS SOLD AND/OR SERVICES RENDERED HEREUNDER WITH RESPECT TO WHICH LOSSES OR DAMAGES
ARE CLAIMED.
• EXCLUSIONS. Notwithstand ing the foregoing, the limitations of MCA's liability set forth herein shall not apply to (i) lia bil ity resulti ng from
MCA's willful misconduct and (ii) death or bod ily inju ry resulting exclusively from MCA's acts or omissions.
d . INSURANCE: It is further understood that MCA is not an insurer, and that Custom er shall obtain and main tain all necessary and appropriate
policies of i nsurance in respect of its obligations under this Agreement. MCA does not represent or wanant, and MCA hereby expressly
d iscla ims any responsibility for, that Goods wil l avert or prevent occurrences, or the consequences therefrom, which are monitored, detected,
or control led with the use of the Goods sold herein .
e. NO REPRESENTATIONS. MCA's representatives a re only authorized to fi l l in the blanks on any agreement, sa les Quote or quote form
governed by this Agreement. The issuance of information, advice, approvals, instructions or cost projections by MCA sales or service
personnel or other representatives shall be deemed expressions of personal opi nion only and shall not affect MCA and Customer's rights and
obligations hereunder, unless that same is in writing and signed by an officer of MCA with the exp licit statement that it constitutes an
amendment to the Ag reement.
24. INDEMNITY. MCA agrees to indemnify and hold ha rmless the Customer, including its officers, d irectors, and employees, from and against a ll
losses, damages, expenses, and claims, up to the amount of the Quote, but only to the extent caused solely by the grossly negligent acts or
omissions of MCA in the performance of Services. Customer agrees to i ndemnify, defend, and hold harmless MCA, its officers, directors, and
employees for any and a ll clai ms, including claims asserted by third parties, and against any and all l iabiliti es, losses, damages, expenses, liens,
claims, demands, actions, judgments, settlements, interest, awards, penalties, fines costs and expenses, including, without limitation, reasonable
attorneys' fees, costs of collection, costs of recovering insurance, and costs of enforcing this i ndemnification provision for death, personal injury,
or property damage arising out of any negligent act or omission of Customer, except to the extent such claims a re contributed to by (i) the
negligence or willful misconduct of MCA. Any Party seeking indemnity hereu nder agrees to (i) notify the other Party i n writing of any claims as
soon as reasonably practicable; (ii) allow the other Party to control the defense of any such claim and related settlement negotiations; and (i ii)
reasona bly cooperate with the other Pa rty in any defense actions.
25. GOVERNING LAW AND VEN UE. This Agreement is governed by and constru ed in accordance with the laws of where the Project is located . In
addition, the Parties hereto consent to the jurisdiction of any South Carolina state or federal court over any claims arising under or relating to
this Agreement, or the relationship between them.
26. DISPUTES AND ATTORNEYS' FEES, The Parties sha ll attempt in good faith to resolve any disputes, controversy, or claim arising out of this
Agreement by negotiation between the representatives of each Party who have the authority to settle the dispute. As a precondition to
commenci ng litigation of any dispute which can not be so resolved (other than the collection of money due on unpaid invoices), the Parties agree
to participate in mediation with a med iator to be chosen by mutua l ag reement. If mediation is unsuccessful, any litigation shall take place in
Spartanburg County South Carol ina, United States of America, which shall be the exclusive forum for resolvi ng the dispute, controversy, or claim .
Each Party irrevocably and unconditionally waives any right to a trial by ju ry in respect to any legal action arising from this Agreement or any
other agreement between the Parties. Should any dispute arise between the Parties rega rding the interpretation, application, effect or
i any legal or arbiiation proceedings commenced to resolve the dispute shall be entitled
enforcement of this Agreement, the prevailing pa rty n
to costs and reasonable attorney's fees incurred in said legal proceeding.
27. ASSIGNMENT, This Agreement shall be binding upon and inure to the benefit of each Party and its respective heirs, successors, and assigns. The
Customer shall not assign in whole or in part these T&Cs or any i nterest therei n or any rights hereunder without the written consent of MCA,
which shall not be unreasonably withheld or delayed. Any such assignment without consent shall be void. Notwithstandi ng the foregoi ng, MCA
may assign this Agreement or any other agreement between the Parties, without consent i n whole or in part, for the purposes of corporate
reconstruction, reorganization, or ana logous proceeding, or to (a) any Affiliate; or (b) a third party in the event of a merger, recapitalization,
conversion, consolidation, other business combination or sale of all or substantia lly all of the assets of MCA to such third party.
28. NOTICES. All notices or communications (other than normal business communications) required by this Agreement, or desired to be given
here under, shall be in writing addressed indicated in the applicable signature block hereto, and given by electronic or USPS mail, with delivery
confirmation, or an overnight mail service that confirms delivery and shal l be deemed to be given when received.
29. NON-WAIVER: The fa ilure of MCA to i nsist, in any one or more instances, upon the performa nce of any such term, covenant or conditio ns of this
Agreement or to exercise any right herein, shall not be construed as a wa iver or rel inqu ishment of the future performance of any such term,
covenant or condition or the future exercise of such right, but the obligation of the Customer with respect to such future performance sha ll
continue in full force and effect.
30. SEVERABILITY: If any provision or part-provision of this Agreement is or becomes invalid, i llegal, or u nenforceable, it shall be deemed modified
to the minimum extent necessary to make it val id, legal and enforceable . If such modification is not possible, the relevant provision or part­
provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity
and enforceability of the rest of this Agreement.
31. ENTIRE AGREEMENT. This Agreement, together with the Quotes and any Exhibits attached thereto, from time to time, sets forth the entire
agreement and understanding between the Parties and supersedes all prior negotiations, agreements and understandings with respect thereto.
No representations, statements, or inducements, oral or written, not contained herein shall bind either Party. This Agreement may only be
amended by a written document duly executed between the Parties. No waiver, alteration or modification of the Agreement shall be binding on
MCA unless in writing and signed by an authorized signor of MCA.

4
MCA T&C (v M a r 2026 )

Department of Tourism and Special Events
TO:

The Honorable Mayor and City Council

FROM:

Kory Brown, Director of Tourism and Special Events

DATE:

July 22, 2026

SUBJECT:

Festival of Lights – Christmas Tree & Display Purchase for Levee Park

DISCUSSION: The Festival of Lights is looking to make an investment to add additional displays
and a new panel Christmas Tree for the now completed Levee Park. The tree that was previously
used was old and worn and no longer safe to put up. This quote from Holiday Outdoor Decor
includes a new 18’ Panel Christmas Tree and 5 other LED Christmas trees to be placed throughout
Levee Park for the Enchanted Forest and the Shop & Stroll.

RECOMMENDATION: Approve purchase of Christmas Tree Displays for the Festival of Lights
from Holiday Outdoor Décor for the amount of $19,090.25.

RESOLUTION NO. 2627-042
East Peoria, Illinois
________________, 2026
RESOLUTION AUTHORIZING AND APPROVING THE PURCHASE OF CHRISTMAS
TREE AND ADDITIONAL DISPLAYS FOR LEVEE PARK FOR THE FESTIVAL OF
LIGHTS FROM HOLIDAY OUTDOOR DÉCOR
RESOLUTION BY COMMISSIONER
WHEREAS, the City is in need of a new panel Christmas Tree and additional
displays for Levee Park for the Festival of Lights; and
WHEREAS, the City has received a proposal for the new panel Christmas Tree
and additional displays from Holiday Outdoor Décor at a cost of $19,090.25 (the
“Christmas Tree and Display Purchase”); and
WHEREAS, the City hereby finds that it is in the best interest of the City to accept
this proposal from Holiday Outdoor Décor for the Christmas Tree and Display Purchase;
and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT the proposal from Holiday
Outdoor Décor for the Christmas Tree and Display Purchase is hereby approved, and the
Mayor or his designee is hereby authorized and directed to accept the proposal from
Holiday Outdoor Décor, as set forth in the proposals attached hereto as "Exhibit A" at a
total cost of $19,090.25 for the Christmas Tree and Display Purchase, together with such
modifications therein as the Mayor in his discretion may approve; provided, however, that
the City shall have no obligation under the terms of this Resolution until an executed
original of the accepted proposals are delivered to Holiday Outdoor Décor.
APPROVED:

ATTEST:
_______________________________
City Clerk

_______________________________
Mayor

EXHIBIT A
Proposal for Christmas Tree and Display Purchase: Holiday Outdoor Décor

2

QUOTE

Company Address PO Box 4365
Bethlehem, Pennsylvania 18018
United States

Created Date

7/21/2026

Expiration Date

7/31/2026

Quote Number

00028145

Prepared By

Robb Tweedy

Contact Name

Kory Brown

Phone

(630) 851-3988

Bill to Phone

309-427-7772

Email

[email protected]

Email

[email protected]

Address Confirmation Required: Please verify all information below.
Account Name

East Peoria, City of

Ship To Name

Kory Brown

Bill To Name

Kory Brown

Ship To Phone

309-427-7772

Bill To

401 W Washington St
East Peoria, Illinois 61611
United States

Ship To

401 W Washington St
East Peoria, Illinois 61611
United States

Deposit Information
If products are made to order, a deposit is required upon acceptance of this quote. The deposit percentage is listed below. Note: Sales tax (if
applicable) is excluded from the deposit invoice and will be billed with the final product shipment.
Deposit

50%

Product Code

Product

Product Line Description

Line Item
Description

T-18P-CW-V3

18' Panel Tree Cool White
LED - Version 3

18' PANEL TREE WITH 10' BASE. COOL
WHITE C7. LED - VERSION 3

Price before
discount =
$11,565.00

$7,517.25

4' Sil Flat Nativity Star Tree Topper, C7
Lamps in Cool White LED

Price before
discount $590

$413.00

10' Silhouette 3-D Pine Tree Ground

Price before

4' Sil Flat Nativity Star Tree
TT-4-2DNS-CW Topper, C7 Lamps in Cool
White LED
10' Silhouette 3-D Pine Tree

Account Terms

Signature:

Please refer to our Terms and Conditions, here or
at https://holidayoutdoordecor.com/terms-conditions/

Name:
Title:

Total
Price

1.00 $7,517.25

1.00

QUOTE ACCEPTANCE INFORMATION

NET 30 DAYS

20% Restocking fee and shipping on all returns
No returns without proper authorization
4% Credit Card payments fee
Custom Items are NOT returnable
After Account Terms due date, a monthly interest charge of
1.5% will be added on past due accounts (18% APR)

Price Quantity

$413.00

QUOTE

TS-10-PT-CW

Ground Display with 196 C7
Cool White LED

SHIPPING

SHIPPING

Display. Measures 5.5'x10' with 196 C7
Cool White LED. Weighs 101.3 lbs.

Applicable Sales Tax will be added to Final Invoice
All shipping is estimated at time of order. Actual shipping
costs may vary.
Invoices will be sent out as soon as purchased product ships.
This includes, both direct to customer or to an HOD
warehouse prior to installation.
Trade Tariff Surcharge: A flat rate surcharge of 2.1% is
applied to this order to offset increased government import
tariffs. This rate has been standardized to minimize price
volatility. This surcharge is subject to change based on
federal policy updates.

Account Terms

Subtotal

$19,090.25

Total Price

$19,090.25

Grand Total

$19,090.25

Signature:

Please refer to our Terms and Conditions, here or
at https://holidayoutdoordecor.com/terms-conditions/

$1,592.00

5.00 $7,960.00

$3,200.00

1.00 $3,200.00

QUOTE ACCEPTANCE INFORMATION

NET 30 DAYS

20% Restocking fee and shipping on all returns
No returns without proper authorization
4% Credit Card payments fee
Custom Items are NOT returnable
After Account Terms due date, a monthly interest charge of
1.5% will be added on past due accounts (18% APR)

discount =
$2275.00

Name:
Title:

PANEL TR E E S
Our Panel Trees have evolved wi th a new opti mized design that enhances both durabil ity, visual
appeal and safety. These advancements not only ensure that the trees maintain their aesthetic
charm throughout the season but also provide a robust and reli able option for commercial spaces
seeking a festive centerpiece that combines beauty with practicality. Ask your Design Consultant
for a more detailed summary of all Panel Tree improvements!

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14FT
18FT
22FT
26FT
30FT
34FT
38FT
42FT
4 6 FT
50FT

Lamps: 435, C-7
Lamps: 680, C-7
La mps: 995, C-7
Lamps: 1 , 325, C - 7
Lamps. 1,780, C - 7
Lamps: 2, 305, C-7
Lamps: 2,900, C-7
Lamps: 3,600, C-7
Lamps: 4,345, C-7
Lamps: 5,200, C-7

( 8' Base)
( 1 0 ' Base )
( 1 2 Base)
(14.5' Base)
( 1 6. 5 Base)
(18.5' Base)
(21' B ase)
(23 Base)
(25' Base)
(27 B a se}

T-14P
T - 18P
T-22P
T - 26P
T - 30P
T - 3 42
T-3 8 P
T - 42P
T - 46P
T - 5 0P

$6,630
$11, 565
$18, 1 55
$26, 060
$ 36, 060
$48,740
$62,910
$78, 535
$9 3, 075
$106,535

14FT
18FT
22FT
2 6FT
3 0 FT
34F1
38FT
4 2 FT
4 6 FT
50FT

L a mps: 653, C - 7
Lamps: 1,020, C-7
a mps 1,493, C-7
Lamps: 1 ,988, C-7
Lamps: 2,670, C-7
a mps 3,458, C-7
La mps: 4,350. C-7
Lamps: 5,400, C-7
La mps: 6,51 8 , C - 7
Lamps: 7,800, C-7

(8 Base)
( 1 0 ' Base)
(12 Base}
14.5' Base)
(16.5' Base)
(18.5' Basel
(21 B ase}
(23 Bas e)
(25' Base)
( 2 7 Base}

T - 14E
T - 1 8E
T-22E
T-26E
T-30E
T - 34 E
T -3 8 E
T-42E
T-46E
T-5OE

$8, 1 45
$14,280
$22,480
$32,320
$44, 840
$60,705
$78, 4 2 5
$9 7, 925
$115,980
$1 32 , 535

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OFFICE OF THE MAYOR | John P. Kahl
MEMO
TO: Commissioners Decker, Sutherland, Mingus & Hill
FROM: Mayor John P. Kahl
DATE: July 24th, 2026
RE: Separation Agreement
DISCUSSION:
David Horn is retiring after serving the City of East Peoria for 20 years of service effective at the end of
day on August 4, 2026.
The attached Separation Agreement outlines that Mr. Horn is asking to be paid out 1,235.5 compensable
hours.
RECOMMENDATION:
I recommend approving the attached Separation Agreement and paying Mr. Horn in two (2) installments
$36,216.34 on or before August 15, 2026; and $36,216.33 on or before January 15th, 2027 totaling
$72,432.67.
Attachment

401 W Washington Street, East Peoria, IL 61611 | cityofeastpeoria.com | 309-427-7605

RESOLUTION NO. 2627-043
EAST PEORIA, ILLINOIS
August 4, 2026
RESOLUTION BY COMMISSIONER __________________________
WHEREAS, David Horn has been continuously employed by the City from
August 1, 2006, through the end of the day on August 4, 2026, most recently
occupying the position of Police Sergeant.
WHEREAS, David Horn announced his intention to retire from
employment effective at the end of his shift on August 4, 2026; and
WHEREAS, the City is appreciative of the long and continued service
provided by David Horn; and
WHEREAS, it is in the best interest of the City to execute the attached
Separation Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF EAST PEORIA, TAZEWELL COUNTY, ILLINOIS, THAT:
Section 1. The above recitals are found to be true and correct.
Section 2. The Mayor is hereby authorized to execute the Separation
Agreement with such changes as the Mayor, in his sole discretion, may decide
are in the best interest of the City of East Peoria.
APPROVED:
_________________________
Mayor
ATTEST:
_________________________
City Clerk