On the agenda: Wilmington September 15 — Flock Camera (Sep 15)

CITY OF WILMINGTON CITY COUNCIL AGENDA
REGULAR MEETING

Tuesday, September 15, 2026
7:00 P.M.

Wilmington City Hall
1165 S. Water Street (Council Chambers)

1. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
Mayor Ben Dietz
Alderpersons: Kevin Kirwin, Marty Orr, Dennis Vice, Ryan Knight,
Rachel Conforti, Jonathan Mietzner, Thomas Smith, Todd Holmes
2. PUBLIC HEARING

Consideration of an Intergovernmental Jurisdictional Boundary Line Agreement between the City of Braidwood and the City of
Wilmington

3. CITIZENS' COMMENT (State your full name clearly; limit 3 minutes each)
4. MAYOR’S REPORT
5. CONSENT AGENDA

All items listed on the Consent Agenda are considered to be routine by the City Council and will be acted upon with one motion.
There will be no separate discussion of these items unless a Council member requests, in which event, the items will be removed
from the consent agenda and discussed separately.

A. Approve Regular Meeting Minutes from September 1, 2026
B. Approve Accounts Payable Report
C. Approve Ordinance No. 26-09-15-01, An Ordinance Approving and Authorizing the Execution of a Web
Services Sales Agreement with Revize, LLC
D. Approve Ordinance No. 26-09-15-02, an Ordinance Approving and Authorizing the Execution of an
Intergovernmental Agreement for the Placement of License Plate Reading Cameras Located on the
County Highways in the County of Will
E. Approve the $1,500 donation to the WCSO Auxiliary
F. Approve Homer Tree Care, Inc. Invoice #65713 and Invoice #65909 related to storm clean-up work

6. ORDER OF BUSINESS
A. Consideration to Approve Resolution No. 2026-17, A Resolution Authorizing a Jurisdictional Boundary
Line Agreement between the City of Braidwood and the City of Wilmington
B. Consideration to Approve the New Era Proposal for Lime Removal
C. Consideration to Waive Competitive Bidding and Approve the Elens & Maichin Roofing & Sheet Metal,
Inc. Proposal for the Civic Center Chimney Removal Project
D. Consideration to Approve the C&D Custom Fence & Deck Proposal for $12,500
E. Consideration to Approve Ordinance No. 26-09-15-03, An Ordinance Approving the Execution of a
Certain Document in Connection with the Cancellation of TIF Note R-1 and the Issuance of TIF Note RI/r
F. Consideration to Approve Resolution No. 2026-18, A Resolution in Support of an Illinois Transportation
Enhancement Program (ITEP) Grant Application for Bicycle and Pedestrian Improvements

7. REPORTS AND COMMUNICATIONS FROM CITY OFFICIALS
City Attorney – Bryan Wellner
City Administrator – Melissa Wiak
Finance Director – Nancy Gross
Interim Public Works Director – Kyle Davis
Chief of Police – Adam Zink

8. ALDERPERSON COMMENTS
Alderperson Kirwin
Alderperson Orr

Alderperson Vice
Alderperson Knight

Alderperson Conforti
Alderperson Mietzner

Alderperson Holmes
Alderperson Smith

9. EXECUTIVE SESSION
A. Appointment, Employment, Dismissal, Compensation, Discipline, and Performance of an Employee of
the City of Wilmington [5 ILCS 120/2(c)(1)]
B. Collective negotiating matters between the City of Wilmington (public body) and its employees [5 ILCS
120/2(c)(2)]
C. Matters of Land Acquisition [5 ILCS 2(c)(5) and 2(c)(6)]
D. Probable or Imminent Litigation and Pending Litigation [5 ILCS 2(c)(11)]
10. POSSIBLE ACTION OF EXECUTIVE SESSION ITEMS
11. ADJOURNMENT
This public body may adjourn to a closed session to discuss matters so permitted
and may act upon such matters, returning to the open session.
So that all may concentrate on the proceedings,
please silence cell phones during City Council meetings.
The next regularly scheduled City Council meeting is Tuesday, October 6, 2026.

Posting Date:
9/11/2026 11:40 AM jz

MINUTES OF THE REGULAR MEETING OF THE WILMINGTON CITY COUNCIL
SEPTEMBER 1, 2026
MAYOR BEN DIETZ CALLED TO ORDER THE REGULAR MEETING OF THE WILMINGTON CITY COUNCIL
AT 7:00 P.M.
ROLL CALL
After the pledge of allegiance, the following answered to Roll Call: Alderpersons Kevin Kirwin, Marty Orr, Dennis
Vice, Ryan Knight, Jonathan Mietzner, Todd Holmes, and Thomas Smith. Alderperson Rachel Conforti was
absent. The number present constitutes a quorum.
Also present: Attorney Adam Umek, City Administrator Melissa Wiak, Finance Director Nancy Gross, Interim
Public Works Director Kyle Davis, Police Chief Adam Zink, and Deputy City Clerk Joie Ziller.
CITIZENS COMMENT
Jodi Anderson presented a dispute regarding her $4,000 water bill, claiming usage of 200,000 gallons, and
included that this is currently being investigated to resolve the matter.
MAYOR’S REPORT
Mayor Dietz provided the Red Carpet Corridor marketing recap from the May event.
CONSENT AGENDA
A.
Approve Regular Meeting Minutes from August 18, 2026
B.
Approve Accounts Payable Report
Alderperson Kirwin made a motion, and Alderperson Holmes seconded, to approve the Consent Agenda for the
September 1, 2026, City Council meeting
Upon roll call, the vote was:
AYES:
7 Kirwin, Holmes, Knight, Vice, Orr, Mietzner, Smith
NAYS:
0
ABSENT: 1 Conforti
The motion carried.
ORDER OF BUSINESS
Alderperson Knight made a motion, and Alderperson Smith seconded, to approve Ordinance No. 26-09-01-01,
an Ordinance Authorizing the Execution of a Third Amendment to the Annexation Agreement Dated February
16, 2010, by and between the City of Wilmington and Robert Rink, Martha Rink, Robert F. Rink, Jacquelyn K.
Rink and Rink Agricultural and Investment Partnership, LLP
Upon roll call, the vote was:
AYES:
7 Knight, Smith, Kirwin, Holmes, Vice, Orr, Mietzner
NAYS:
0
ABSENT: 1 Conforti
The motion carried.
Alderperson Holmes made a motion, and Alderperson Orr seconded, to approve Ordinance No. 26-09-01-02,
an Ordinance Authorizing the Execution of a Third Amendment to the Annexation Agreement Dated February
16, 2010 by and between the City of Wilmington and Tameling Management and Investment Series, LLC
Upon roll call, the vote was:
AYES:
7 Holmes, Orr, Knight, Smith, Kirwin, Vice, Mietzner
NAYS:
0
ABSENT: 1 Conforti
The motion carried.
Page 1

Alderperson Smith made a motion, and Alderperson Kirwin seconded, to approve Ordinance No. 26-09-01-03,
an Ordinance Authorizing the Execution of an Intergovernmental Cooperation Agreement between the City of
Wilmington and Wilmington School District 209U
Upon roll call, the vote was:
AYES:
7 Smith, Kirwin, Orr, Holmes, Knight, Vice, Mietzner
NAYS:
0
ABSENT: 1 Conforti
The motion carried.
Alderperson Holmes made a motion, and Alderperson Mietzner seconded, to approve 2026-16, A Resolution to
Dispose of Surplus Property
Upon roll call, the vote was:
AYES:
7 Holmes, Mietzner, Orr, Smith, Kirwin, Knight, Vice
NAYS:
0
ABSENT: 1 Conforti
The motion carried.
Alderperson Mietzner made a motion, and Alderperson Knight seconded, Conley Excavating & Construction
Invoice No. 5323 for $8,934.90
Upon roll call, the vote was:
AYES:
7 Mietzner, Knight, Orr, Holmes, Smith, Kirwin, Vice
NAYS:
0
ABSENT: 1 Conforti
The motion carried.
COMMUNICATION FROM CITY OFFICIALS
City Attorney Adam Umek – No Report
City Administrator Melissa Wiak – The water plant needs to clean out its lime ponds by October to comply with
EPA regulations and this will be up for approval on. The sign for the dais should be installed soon; preliminary
numbers were submitted to Will County Emergency Management regarding our cleanup efforts from the August
11, 2026 storm.
Finance Director Nancy Gross – No Report
Interim Public Works Director Kyle Davis – No Report
Chief of Police Adam Zink – No Report
ALDERPERSON COMMENTS
Alderperson Kirwin – No Comment
Alderperson Orr – No Comment
Alderperson Vice – No Comment
Alderperson Knight – No Comment
Alderperson Conforti – No Comment
Alderperson Mietzner – No Comment
Alderperson Holmes – No Comment
Page 2

Alderperson Smith – No Comment
EXECUTIVE SESSION
Alderperson Vice made a motion and Alderperson Kirwin seconded to go into Executive Session at 7:22 PM to
discuss the Appointment, Employment, Dismissal, Compensation, Discipline and Performance of an Employee
of the City of Wilmington [ILCS 120/2(c)(1)]
Upon roll call, the vote was:
AYES:
7 Vice, Kirwin, Knight, Smith, Holmes, Mietzner, Orr
NAYS:
0
ABSENT: 1 Conforti

The motion carried.

Alderperson Vice made a motion and Alderperson Orr seconded to close Executive Session at 7:52 PM
Upon roll call, the vote was:
AYES:
7 Vice, Orr, Knight, Mietzner, Smith, Holmes, Kirwin
NAYS:
0
ABSENT: 0 Conforti

The motion carried.

ACTION OF EXECUTIVE SESSION
None
ADJOURNMENT
The motion to adjourn the meeting was made by Alderperson Holmes and seconded by Alderperson Orr. Upon
the voice vote, the motion carried. The City of Wilmington City Council's regular meeting on September 1, 2026,
adjourned at 7:52 p.m.
Respectfully submitted,

Joie Ziller

Deputy City Clerk

Page 3

ORDINANCE NO. 26-09-15-01
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
WEB SERVICES SALES AGREEMENT WITH REVIZE, LLC
WHEREAS, the City of Wilmington (the “City”) is a municipality in accordance with the Constitution of the
State of Illinois of 1970; and
WHEREAS, under Article VIII Section 1(a) of the Illinois Constitution, the City is authorized to enter into contracts
for a valid public purpose; and
WHEREAS, it is a valid public purpose to enter into contracts for legal services that will be provided to
the City; and
WHEREAS, the Mayor and Aldermen of the City of Wilmington believe that it is for the best interests of
the City to enter into the Web Services Sales Agreement attached hereto as Exhibit A.
SECTION 1: AGREEMENT APPROVED
The Revize Web Services Sales Agreement between the City of Wilmington and Revize, LLC, aka Revize
Software Systems, attached hereto as Exhibit A (“Agreement”), is hereby approved, and the Mayor is authorized
to execute the Agreement.
SECTION 2: REPEALER
All ordinances or parts of ordinances conflicting with any provisions of this ordinance are hereby repealed.
SECTION 3: SEVERABILITY
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by
any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the
remainder thereof, which remainder shall remain and continue in full force and effect.
SECTION 4: EFFECTIVE DATE
That this Ordinance shall be in full force and effect after its adoption and approval, as provided by law.
PASSED this 15th day of September 2026 with __ members voting aye, __ member voting nay, the Mayor
voting N/A, with __ members abstaining or passing, and said vote being:
Marty Orr
Ryan Knight
Jonathan Mietzner
Thomas Smith

Kevin Kirwin
Dennis Vice
Rachel Conforti
Todd Holmes

Approved this 15th day of September 2026

Ben Dietz, Mayor

Attest:
Joie Ziller, Deputy City Clerk

EXHIBIT A
Revize Agreement

9/10/2026

Revize Web Services Sales Agreement
This Sales Agreement is between The City of Wilmington, Illinois
Revize Software Systems, (“Revize”). Federal Tax ID# 20-5000179

(“CLIENT”) and Revize LLC, aka

CLIENT INFORMATION:
Company Name:
Company Address:
Company City/State/Zip:
Contact Name:
Billing Dept. Contact:
CLIENT Website Address:

REVIZE LLC:
Revize Software Systems
150 Kirts Blvd.
Troy, MI 48084
248-269-9263

City of Wilmington
1165 S. Water Street
Wilmington, IL 60481
Melissa Wiak 815.476.2175 ext.232
[email protected]
www.wilmington-il.gov

The CLIENT agrees to purchase the following products and services provided by REVIZE:
Quantity

1

Description

Phase 1: Kickoff Meeting and Discovery/Project Planning, one-time fee:
Phase 2 – Design Mockups/Wireframes, one-time fee:

1

•

One (1) mockup with unlimited rounds of changes

•

Home page template and inner page design and layout.

•

Includes Responsive Web Design

Phase 3A & 3B – Development & Sitemap Development, onetime fee:
1

1
1
1

•

Convert approved mockups into Revize CMS enabled webpages

•

Provide suggested content sitemap for CLIENT review/approval

Phase 4 – Quality Assurance Testing & Custom Development, one-time fee:
Phase 5–Content Migration, one-time fee:
•

According to the approved sitemap - up to 300 webpages & 800 documents

Phase 6 –Revize CMS Content Editor Training & Go Live, one-time fee:

1

Grand Total First Year

$23,900.00

Annual Services:
Annual CMS License, Hosting, Maintenance, and Support1
1

Revize Annual Software Subscription, Tech Support, CMS Updates, Website Hosting,
Unlimited Users, 20GB website storage, 100GB/Month Bandwidth, Annual Fee, SSL
Certificate pre-paid annual fee:

1 Subject to 4% annual increase starting in year 3.

$6,900.00

Page 1 of 7

9/10/2026

Payment Schedule
Payment Amount

Payment Date

Includes

$ 23,100.00

11/1/2026

75% 1st Year Project Costs + Year 1 of Annual Hosting & Maintenance

$

7,700.00

3/1/2027

25% 1st Year Project Costs + Year 1 of Annual Hosting & Maintenance

$

6,900.00

3/1/2028

Year 2 of Annual Hosting & Maintenance

$

7,176.00

3/1/2029

Year 3 of Annual Hosting & Maintenance

$

7,463.00

3/1/2030

Year 4 of Annual Hosting & Maintenance

AGREED TO BY:

CLIENT

REVIZE

Signature of Authorized Person:
Name of Authorized Person:

Thomas Jean

Title of Authorized Person

Program Manager

Date:

Please sign and return to:

[email protected]

Fax 1-866-346-8880

Page 2 of 7

9/10/2026

The Following Applications & Features will be integrated into Your Website:
Citizen’s Communication Center Apps

Staff Productivity Apps

•

Notification Center

•

Agenda Posting Center

•

Bid Posting

•

iCal Integration

•

Document Center

•

File/Image Manager

•

eNotify with Text/Email Alert

•

Intranet

•

FAQs/Accordion

•

Link Checker

•

Job Posting App

•

Menu Manager

•

Multi-use Directory/Catalog

•

Online Form Builder

•

News Center

•

Staff Directory

•

Online Forms

•

Website Content Archiving

•

Photo Gallery

•

Website Content Scheduling

•

Quick Link Buttons

•

Revize Web Calendar

•

“Share This” Social Media Flyout App

Site Administration and Security Features
•

Audit Trail

•

Auto Site Map Generator

Citizen’s Engagement Center Apps

•

History Log

•

Citizen Connect (Community Blog)

•

Secure Site Gateway

•

Citizen Request Center with Captcha

•

Unique Login/Password for each Editor

•

Online Bill Pay

•

URL Redirect Setup/Friendly Links

•

Online Interactive Forms with Bookables (Public
Records Request App)

•

User Roles and Permissions

•

Web Statistics and Analytics

•

Public Service Request System

•

Workflows by Department

•

RSS Feed
Mobile Device and Accessibility Features
•

Alt-Tags

•

Font Size Adjustment

•

Language Translator

•

Mobile and Tablet Preview while Editing

•

Responsive Website Design (RWD)

•

WCAG Accessibility

Page 3 of 7

9/10/2026

Terms:
1.

All invoices are due upon receipt unless otherwise stated. Project work will not begin until the initial payment
has been received. Revize reserves the right to pause or suspend work, hosting, or support services if
payment is more than thirty (30) days past due.

2.

Additional content migration, if requested, is available for $6 per web page and $3 per document.

3.

Additional bandwidth is available at $360 per year for each additional 50GB per month.

4.

Additional website storage is available at $500 per year for each additional 10GB website storage.

5.

This agreement is the only legal document governing this sale the Parties agree that this Agreement shall be
governed by the laws of the State of Illinois and jurisdiction and venue for any legal action or dispute relating
to this Agreement shall be in the judicial circuit court located in Will County, Illinois

6.

Both parties must agree in writing to any changes or additions to this Agreement. Any work requested by
CLIENT that is outside the scope described in this Agreement, including additional design revisions,
development, integrations, content migration, or consulting, will require a written change order and may result
in additional fees and timeline adjustments.

7.

CLIENT understands that the project completion date is highly dependent on their timely communication with
Revize. During the project, CLIENT agrees to respond to Revize inquiries within 48 hours of the request and
understands that project timelines will be delayed if they do not respond in a timely manner

8.

The primary communication tool for this project and future tech support is the Revize customer portal found
at https://support.revize.com.

9.

This Agreement has a one (1) year term. Term shall auto-renew each year according to the payment
schedule listed on page 2 of this agreement. CLIENT may terminate this Agreement by providing at least
sixty (60) days written notice prior to the applicable annual renewal date. All fees incurred or scheduled
through the effective termination date remain due. Early termination does not relieve CLIENT of payment
obligations for services already rendered

10. If CLIENT maintains four (4) consecutive years of annual software subscription, support, CMS updates, and
hosting, CLIENT shall be eligible for one (1) complimentary website redesign anytime in year 4 of the
agreement or thereafter. The redesign is optional and must be affirmatively requested by CLIENT. CLIENT’s
decision to decline, defer, or not schedule the redesign does not constitute a failure or breach by Revize. The
complimentary redesign does not include manual re-migration of content, recreation of custom features
developed outside the original scope, third-party integrations added after the initial launch, or new
functionality not included in the original project scope. The complimentary redesign is contingent upon
renewal or continuation of hosting and maintenance services under Vendor’s standard agreement terms in
effect at the time of the redesign for at least one year following the redesign go-live date.

Page 4 of 7

9/10/2026

11. CLIENT owns design, content, and will receive periodic updates to the CMS for the life of the contract.
12. Unless otherwise agreed, Revize does not migrate irrelevant records, calendar events, news items, bid
results, low quality images, or data that can reasonably be considered non-conforming to new website layout.
Revize is not responsible for verifying the accuracy, legality, accessibility, or completeness of CLIENTprovided content.
Storage is limited to relevant website data. Unreasonably large folders of documents or images are not
permitted. Examples include, but are not limited to, plat or property maps, tax records, GIS data, and large or
archival audio and video files, such as multiple years of meeting recordings or similar content more
appropriately hosted on archive or streaming platforms and embedded into the website
13. After content migration, CLIENT is responsible for any additional content cleanup. This includes, but is not
limited to, resizing photos, reformatting text, replacing photos/icons, consolidating unwanted content, adding
future calendar events, and general prep of the site before go live. CLIENT will also have the ability to add
new photos, content, and pages. Any post-migration cleanup or enhancements requested from Revize may
be billed at Revize’s then-current hourly or project rates.
14. If substantial completion is delayed solely due to Revize's unexcused delay, Revize will provide a corrective
action plan and take commercially reasonable steps to expedite completion at no additional cost. If the delay
exceeds thirty (30) consecutive calendar days, liquidated damages of $100 per day will apply thereafter, up
to a maximum of $5,000. Delays caused by Client, third parties, scope changes, Client approvals or
deliverables, or circumstances outside Revize's reasonable control will not be subject to liquidated damages.

One-Year Warranty

Revize warrants that the Website, as delivered at launch, will substantially perform in accordance with the
functionality described in the Agreement for a period of one (1) year following the Website's public launch date
("Warranty Period").
During the Warranty Period, Revize will, at no additional cost to Client:
• Correct reproducible software defects or bugs within the Revize CMS that cause the Website to operate
materially inconsistent with the approved project specifications.
• Repair defects resulting from errors in Revize's implementation of the Website.
• Provide technical support for issues related to the operation of the Revize CMS and Website functionality
delivered under this Agreement.
This warranty does not cover issues arising from third-party software, services, integrations, content modifications
made by Client or other parties after launch, browser or operating system changes, misuse of the Website, or
requests for new features, enhancements, redesigns, or changes to approved functionality. Any services outside
the scope of this warranty may be provided at Revize's then-current rates or under a separate support agreement.

Page 5 of 7

9/10/2026

Project Timeline Statement of Understanding
Revize and CLIENT acknowledge that any project timeline provided is an estimate only and not a guarantee.
Project duration is dependent on a variety of factors, including timely CLIENT participation, feedback, approvals,
and other variables that may be outside the reasonable control of either party. Revize will make commercially
reasonable efforts to adhere to the estimated timeline.
CLIENT agrees to take an active role in the project, including participating in meetings, providing timely feedback
and approvals related to design and sitemap development, and scheduling and participating in CMS training.
Delays caused by CLIENT’s failure to respond to Revize requests in a timely manner may result in corresponding
delays to the project timeline and do not constitute a breach of contract by Revize.
Upon completion of initial Revize CMS content editor training, CLIENT is responsible for determining when the
website will go live. Any CLIENT decision to delay go-live for reasons unrelated to a functional defect rendering the
website inoperable does not constitute a breach of this Agreement by Revize.
CLIENT acknowledges that website design and user experience are inherently subjective. The parties agree that
this is a collaborative process and will work in good faith to reasonably fine-tune final deliverables in preparation for
launch. Generalized dissatisfaction with aesthetic elements or previously approved deliverables does not constitute
a breach of contract unless Revize fails to cure a material functional defect.
CLIENT may elect to postpone or reprioritize certain deliverables in favor of an earlier go-live date, subject to
mutual agreement.

Enterprise Revize CMS License
As part of this Agreement, Revize LLC (“Revize”) grants CLIENT a limited, non-exclusive, non-transferable license
to access and use the Enterprise Revize CMS software (“Software”), hosted on Revize’s cloud servers, solely for
the purpose of maintaining the website(s) identified in this Agreement. The Software is proprietary to Revize and
remains the sole property of Revize.
CLIENT may terminate this Agreement by providing at least sixty (60) days written notice prior to the applicable
annual renewal date. All fees incurred or scheduled through the effective termination date remain due and payable.
Early termination does not relieve CLIENT of payment obligations for services already rendered.
CLIENT may not sublicense, share, or otherwise provide access to the Software to any third party not expressly
authorized under this Agreement.
During the term of this Agreement and while CLIENT remains current on all payment obligations, Revize will host,
maintain, and provide updates to the Software as part of the applicable annual subscription.
Upon termination or expiration of this Agreement for any reason, CLIENT’s access to the Software will be
discontinued. Upon written request and provided all amounts due under this Agreement have been paid in full,
Revize will make CLIENT’s website content available to CLIENT in a reasonable electronic format.
Notice of termination must be in writing and delivered to the non-terminating party in accordance with the notice
provisions of this Agreement.

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9/10/2026

WCAG Accessibility and Compliance Terms
1.

Revize will build the website to highly conform with the Web Content Accessibility Guidelines WCAG 2.1
Level AA (“WCAG 2.1 AA”) at the time of delivery while actively incorporating WCAG 2.2 AA best practices
as standards evolve using current industry-recognized approaches. This includes keyboard access, semantic
markup, ARIA where appropriate, color contrast, focus management, and accessible forms for the delivered
templates.

2.

Conformance does not extend to: (i) third-party modules, plug-ins or integrations not provided by Revize
(e.g., payment gateways, third-party calendars, embedded third-party widgets), (ii) content authored,
uploaded, or maintained by the Client (including documents such as PDFs), and (iii) legacy pages or archives
unless specifically included in the Statement of Work.

3.

CLIENT website editors are responsible for ensuring they have an understanding of WCAG compliance
principles. CLIENT agrees they are responsible for the content they post and shall make reasonable efforts
to avoid posting content that does not conform to these guidelines. This includes, but is not limited to, posting
non-compliant PDFs, failing to include descriptive ALT descriptions on photos, etc.

4.

CLIENT agrees and understands accessibility compliance is not a fixed or absolute standard. It is more of a
spectrum rather than a pass/fail standard. Because testing tools and methodologies may produce different
results, Revize and the CLIENT agree to focus on accommodating user needs and maintaining a continuing,
good-faith approach to accessibility and regulatory compliance.

5.

Revize provides tools and features designed to support website accessibility and best practices. However,
Revize does not guarantee legal compliance with WCAG, ADA, or other regulations. Ongoing compliance
requires active participation by CLIENT, including content management and policy decisions.

6.

For an additional fee, Revize offers an ongoing WCAG scan and remediation service. This service will scan
the website at regular intervals after the website goes live and remediate any WCAG compliance issues with
an allocated bucket of additional development hours. Remediation priorities can be set by CLIENT and may
include content remediation (e.g., PDFs, Flyers, etc.). Revize also includes an accessibility checker within the
Revize CMS editor. This utility will alert users of suspected accessibility issues.

7.

If PDF remediation is included in this agreement, completion time is highly dependent on the number and the
complexity of PDFs.

8.

Additional development hours may be necessary to complete remediation to CLIENT’s satisfaction and are
available at Revize’s then-current rates.

9.

Additional PDF remediation may be requested at Revize’s then-current rates.

Page 7 of 7

ORDINANCE NO. 26-09-15-02
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT FOR THE PLACEMENT OF LICENSE
PLATE READING CAMERAS LOCATED ON COUNTY HIGHWAYS IN THE
COUNTY OF WILL
WHEREAS, the City of Wilmington is a Municipal Corporation and situated in Will
County, (hereinafter referred to as “City”); and
WHEREAS, the County of Will is a body corporate and politic (hereinafter referred to as
the “County”); and
WHEREAS, the City and the County are public agencies within the meaning of the
Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and
WHEREAS, the Illinois Intergovernmental Cooperation Act authorizes public agencies
to exercise jointly with any public agency of the State, including other units of local government,
any power, privilege, or authority which may be exercised by a unit of local government
individually, and to enter into contracts for the performance of governmental services, activities,
and undertakings; and
WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois of 1970
further provides that units of local government may contract or otherwise associate among
themselves to obtain or share services and to exercise, combine or transfer any power or function
in any manner not prohibited by law or by ordinance; and
WHEREAS, the City and County have previously entered into an Intergovernmental
Agreement for the Placement of License Plate Reading Cameras Located on County Highways
in the County of Will; and
WHEREAS, the County proposed changes to the intergovernmental agreement; and
WHEREAS, City Council finds it in the best interest of the City to approve and
authorize the Mayor to execute the Intergovernmental Agreement for the Placement of License
Plate Reading Cameras Located on County Highways in the County of Will, attached hereto as
Exhibit A, to incorporate the County’s proposed changes.
NOW THEREFORE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF WILMINGTON, WILL COUNTY, ILLINOIS:
SECTION 1: APPROVAL OF AGREEMENT
That the Intergovernmental Agreement for the Placement of License Plate Reading
Cameras Located on County Highways in the County of Will, attached hereto as Exhibit A,

(“Agreement”) is hereby approved, the Mayor is authorized and directed to execute the
Amendment, and the City Clerk or any other officer for the City is authorized and directed
to attest to the Mayor’s execution of the Agreement.
SECTION 2: SEVERABILITY
If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, invalidate or nullify the remainder thereof, which
remainder shall remain and continue in full force and effect
SECTION 3: REPEALER
All ordinances or parts of ordinances conflicting with any provisions of this
ordinance are hereby repealed.
SECTION 4: EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage, approval
and publication as provided by law.
PASSED this ____ day of _____________, 2026 with _____ members voting aye, _____
members voting nay, the Mayor voting _____, with _____ members abstaining or passing and
said vote being:
Kevin Kirwin
Dennis Vice
Rachel Conforti
Todd Holmes

Marty Orr
Ryan Knight
Jonathan Mietzner
Thomas Smith

Approved this _____ day of __________________, 2026
Ben Dietz, Mayor

Attest:
Deputy City Clerk

2

EXHIBIT A
Intergovernmental Agreement for the Placement of License Plate Reading Cameras Located on
County Highways in the County of Will

3

INTERGOVERNMENTAL AGREEMENT FOR THE PLACEMENT OF LICENSE
PLATE READING CAMERAS LOCATED ON COUNTY HIGHWAYS IN THE
COUNTY OF WILL
WHEREAS, the City of Wilmington is a Municipal Corporation and situated in Will
County, (hereinafter referred to as “MUNICIPALITY”) under and by virtue of the Constitution
and laws of the State of Illinois, and has acted in the exercise of its legal authority in the exercise
of this Agreement; and
WHEREAS, the County of Will is a body corporate and politic (hereinafter referred to as
the “COUNTY”); and
WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois of 1970
provides that units of local government may contract or otherwise associate among themselves to
obtain or share services and to exercise, combine or transfer any power or function in any manner
not prohibited by law or by ordinance; and
WHEREAS, MUNICIPALITY and the COUNTY are public agencies within the meaning
of the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and
WHEREAS, the Illinois Intergovernmental Cooperation Act authorizes municipalities to
exercise jointly with any public agency of the State, including other units of local government, any
power, privilege, or authority which may be exercised by a unit of local government individually,
and to enter into contracts for the performance of governmental services, activities, and
undertakings; and
NOW THEREFORE, in consideration of the mutual promises, obligations and
undertakings set forth herein, the COUNTY and MUNICIPALITY (hereinafter collectively
referred to as “PARTIES”) AGREE AS FOLLOWS:
1. That the COUNTY has jurisdiction over county highways located in the MUNCIPALITY.
2. That the MUNICIPALITY is desirous to install license plate reading cameras at the
location(s) indicated in EXHIBIT A of THIS AGREEMENT.
3. That EXHIBIT A of THIS AGREEMENT may be amended to add or delete locations for
license plate reading cameras. Such additions or deletions shall be considered upon written
request from the MUNICIPALITY to the COUNTY’s County Engineer, and upon approval
of said request by the COUNTY’s County Engineer, EXHIBIT A shall be revised to add
or delete the subject intersection.
4. All PARTIES agree that the license plate reading cameras shall be installed by
MUNICIPALITY under permit with the COUNTY.
5. That THIS AGREEMENT shall not be construed, in any manner or form, to limit the power
or authority of the COUNTY or the COUNTY’s County Engineer, to maintain operate,
Page 1 of 6

improve, manage, construct, reconstruct, repair, widen or expand County Highways as best
determined by the COUNTY and as provided by law.
6. The MUNICIPALITY agrees to promptly remove, or cause to be removed, at no expense
to the COUNTY, the license plate reading cameras upon receipt of written notification
from the COUNTY’s County Engineer, at any time and for any reason, that its permit is
revoked.
7. The MUNICIPALITY agrees to indemnify, defend and hold harmless the COUNTY, its
elected and appointed officials, agents, employees and representatives, and the COUNTY’s
Division of Transportation, its duly appointed officials, agents, employees and
representatives from and against any and all claims, suits, settlements, actions, losses,
expenses, damages, injuries, judgements and demands (collectively referred to as “claims”)
arising from and relating to the use and/or placement of the license plate reading cameras
at the location(s), including but not limited to misuse or improper sharing of private or
personal information, constitutional challenge or personal injury. The MUNICIPALITY
further agrees to pay all damages, judgements, settlements, costs and expenses incurred by
the COUNTY, including all reasonable attorney’s fees and court costs, in connection with
or resulting from such claims against the COUNTY.
Nothing contained in this paragraph 7 shall be construed as prohibiting the COUNTY, its
elected and appointed officials, agents, employees and representatives, from defending
through the selection and use of its own agents, attorneys and experts, any claims, suits,
demands, proceedings and actions brought against them. Pursuant to Illinois law, 55 ILCS
5/3-9005, any attorney representing the COUNTY, under this paragraph, is to be appointed
a Special Assistant State's Attorney. The COUNTY's participation in its defense shall not
remove MUNICIPALITY's duty to indemnify, defend, and hold the COUNTY harmless,
as set forth above.
8. That nothing contained in THIS AGREEMENT is intended or shall be construed as in any
manner or form creating or establishing a relationship of co-partners between the parties
hereto, or as constituting the MUNICIPALITY (including its elected officials, duly
appointed officials, officers, employees and agents) as an agent, representative or employee
of the COUNTY for any purpose or in any manner whatsoever.
9. That each party warrants and represents to the other party and agrees that (1) THIS
AGREEMENT is executed by duly authorized agents or officers of such party and that all
such agents and officers have executed the same in accordance with the lawful authority
vested in them pursuant to all applicable and substantive requirements; (2) THIS
AGREEMENT is binding and valid and will be specifically enforceable against each party;
and, (3) THIS AGREEMENT does not violate any presently existing provisions of law nor
any applicable order, writ, injunction or decree of any court or government department,
commission, board, bureau, agency or instrumentality applicable to such party.

Page 2 of 6

10. That THIS AGREEMENT shall be deemed to take effect as of the date on which the duly
authorized agents of the last of the parties hereto to execute THIS AGREEMENT affix
their signatures.
11. This document shall be the final embodiment of THIS AGREEMENT by and between the
COUNTY and MUNICIPALITY. No oral changes or modifications for THIS
AGREEMENT shall be permitted or allowed. Changes or modification to THIS
AGREEMENT shall be made only in writing and upon the necessary and proper signature
of the COUNTY and MUNICIPALITY.
12. In the event that a court of competent jurisdiction shall hold any provisions of THIS
AGREEMENT invalid or unenforceable, such holdings shall not invalidate or render
unenforceable any other provision hereto.
13. THIS AGREEMENT shall be binding upon and inure to the benefits of the parties hereto,
their successors and assigns.
14. Venue for enforcement of this agreement shall be in the courts of the Twelfth Judicial
Circuit, Will County, Illinois.
15. Except for data shared and or/retained on a case by case basis for legitimate law
enforcement purposes only, the MUNICIPALITY shall not share or transfer data collected
from license plate reading cameras placed on or within COUNTY highways or rights-ofway with any federal, state, local, or private entity for purposes of creating or adding to a
vehicle location service or database.
16. The MUNICIPALITY shall, apply to the Illinois State Archives Records Management
Section to establish a specific records retention plan for all records generated by or
maintained pursuant to the operation of license plate reading cameras. No permit to place
cameras in the COUNTY’s highways or rights-of-way shall be issued by the County
Engineer until such time as the MUNICIPALITY presents evidence of a certified plan of
records retention from the Illinois State Archives Record Retention Section.
17. Any license plate reading camera data in the possession of MUNICIPALITY and not
otherwise exempt, is subject to disclosure to the general public under the Illinois Freedom
of Information Act (FOIA), 5 ILCS 140/1, et seq. as a public record. In the event the County
of Will (or any of its officers, agents, employees or officials) receives a request under FOIA
for documents relating to this intergovernmental agreement or COUNTY's authorization
for the MUNICIPALITY to install and operate license plate reading cameras on or within
COUNTY highways or rights-of-way pursuant to this intergovernmental agreement, the
MUNICIPALITY shall provide to the County of Will at no cost and within the timeframes
required under FOIA, a copy of any such “public record” as required by FOIA and in
compliance with the provisions of FOIA. MUNICIPALITY may identify any such records,
or portions thereof, that it in good faith believes to be exempt from production, including
its justification for such exemption. MUNICIPALITY shall be responsible for any costs or
damages associated with defending the request for exempt treatment.
Page 3 of 6

18. Any notices under this Agreement shall be sent as follows:
If to the County:
Will County Engineer
Will County Division of Transportation
16841 West Laraway Road
Joliet, IL 60433

Will County State’s Attorney
Attention: Civil Division
57 N. Ottawa Street, 5th Floor
Joliet, Illinois 60432

If to MUNICIPALITY:
City of Wilmington
Attention: City Administrator
1165 S. Water Street
Wilmington, IL 60481

Mahoney, Silverman & Cross, LLC
Attention: Bryan Wellner
822 N. 129th Infantry Drive, Suite 100
Joliet, IL 60435

19. The PARTIES agree that each shall be responsible to notify the other of any changes in
notification procedures.
20. This AGREEMENT may be executed in one or more counterparts, each of which will be
deemed an original, but all of which will constitute one instrument.
21. The term of this Agreement shall be for a period of three (3) years upon passage and
approval by the Will County Board.
22. Furthermore, Municipality agrees that from time-to-time County may amend their
ordinances with regard to Flock Cameras. Municipality agrees to abide by those
amendments and any change to the County ordinances are hereby incorporated by
reference to this IGA. Those amendments will become effective 90 calendar days from
the date of the County Executive’s signature. Notice of the change will be delivered by
method described in this IGA, and Municipality may withdraw from the IGA within 30
days written notice from the County Executive’s signature. Before any ordinances related
to ALPRs are updated, the County will notify all municipalities that have
intergovernmental agreements with Will County to allow police departments the
opportunity to provide input into the drafting of the ordinance.

Page 4 of 6

Dated at Wilmington, Illinois this ____ day of _____________________, 20
WILL COUNTY

ATTEST

_______________________________
Will County Executive
Dated at

.

________________________________
Will County Clerk
(Seal)

, Illinois, this ____ day of ________________________, 20 .
OF

ATTEST
___________________________

Mayor

City Clerk

Page 5 of 6

Exhibit A
LIST OF LICENSE PLATE READING CAMERA LCOATIONS THAT ARE APPROVED
FOR INSTALLATION AND OPERATION
(OR THOSE PREVIOUSLY APPROVED NOW BEING DELETED)

LOCATION
The north side of WilmingtonPeotone Rd (CH25) approx. 100’ west
of Ski Nautique Dr
The south-west side of River Rd
(CH44) approx. 1900’ east of I-55
The south side of Strip Mine Rd
(CH29) approx. 715’ west of Keeley
Lane

EFFECTIVE
DATE
ADDED
9/23/21

EFFECTIVE
DATE
REMOVED

PERMIT NUMBER
R-25-0011

9/23/21

R-44-0006

8/31/23

R-29-0005

Page 6 of 6

City of Wilmington Police Department
Adam Zink, Chief of Police

____________________________________________________________________________________________

To:

Honorable Mayor Dietz and Wilmington City Council

From:

Chief Adam Zink

Date:

08 September 2026

Re:

WCSO Auxiliary – Donation Request

As we have done the past few years, I am requesting a donation to the Will County Auxiliary
Division in the amount of $1500. Their assistance at our large events has been invaluable, and
this donation will help fund their operations and allow them to continue providing this service
in the future.
For reference, they donated approximately 104 hours to assist at Catfish Days, in addition to
another 20+ hours at Let Freedom Rock.

Thank you for your consideration.

129 Robert P. Weidling Dr. ● Wilmington, Illinois 60481
Phone: (815) 476-2813 ● Administrative Fax (815) 476-5268
24-Hour Phone: (815) 476-2811

We Accept

14000 S. ARCHER AVENUE, LOCKPORT, IL 60441
PHONE: 815-838-0320 FAX: 815-838-0375 www.homertree.com

Invoice
PO #

City of Wilmington
1165 S Water Street
Wilmington IL 60481

DATE

INVOICE #

08/18/2026

65713

Due

Terms

8/18/2026

0 Days

Job Name

Job Site

Phone

Salesperson

Total Due

213714

various locations

815-639-6045 Kyle Davis

James Reiter

$23,808.00

#

Item

1

Various Trees

Service Description
(Item #1 Various Trees) Storm Damage

Completed

Tax

Qty

Price

8/18/2026

0.00%

0.00

$23,808.00

In the City of Wilmington - Storm Clean-up Work
Various Location

$1700.00 per hour
Due to inherently dangerous nature of storm damage work; HTC., Inc. cannot be
responsible for any further damage when removing trees off of structures and will
require equipment access to all property areas as deemed necessary for safety.
APP/MM 8/12/26
Subtotal:

$23,808.00

Discount:

$0.00

Tax:

$0.00

Total:

$23,808.00

Credit:

$0.00

Balance:

$23,808.00

To pay your invoice online, please go to www.homertree.com.
Click on the orange tab that says “Make a Payment”, then fill in your information.
We appreciate your business! Visit us a www.homertree.com

We Accept

14000 S. ARCHER AVENUE, LOCKPORT, IL 60441
PHONE: 815-838-0320 FAX: 815-838-0375 www.homertree.com

Invoice
PO #

City of Wilmington
1165 S Water Street
Wilmington IL 60481

#
1

DATE

INVOICE #

08/31/2026

65909

Due

Terms

8/31/2026

0 Days

Job Name

Job Site

Phone

Salesperson

Total Due

214085

1165 S Water Street

815-639-6045 Kyle Davis

James Reiter

$58,650.00

Item

Service Description
(Item #1) Storm Damage

Completed

Tax

Qty

Price

8/28/2026

0.00%

0.00

$58,650.00

In the City of Wilmington - Storm Clean-up Work
Various Location

$1700.00 per hour
Due to inherently dangerous nature of storm damage work; HTC., Inc. cannot be
responsible for any further damage when removing trees off of structures and will
require equipment access to all property areas as deemed necessary for safety.
APP/M 8/24/26

Due to inherently dangerous nature of storm damage work; HTC., Inc. cannot be
responsible for any further damage when removing trees off of structures and will
require equipment access to all property areas as deemed necessary for safety.
Subtotal:
Discount:
Tax:
Total:
Credit:
Balance:

To pay your invoice online, please go to www.homertree.com.
Click on the orange tab that says “Make a Payment”, then fill in your information.
We appreciate your business! Visit us a www.homertree.com

$58,650.00
$0.00
$0.00
$58,650.00
$0.00
$58,650.00

RESOLUTION NO. 2026-17
A RESOLUTION AUTHORIZING A JURISDICTIONAL BOUNDARY LINE
AGREEMENT BETWEEN THE CITY OF BRAIDWOOD
AND THE CITY OF WILMINGTON
WHEREAS, the City of Braidwood (“Braidwood”) and the City of Wilmington
(“Wilmington”) are Illinois municipal corporations; and
WHEREAS, Braidwood and Wilmington have each adopted official plans; and
WHEREAS, Braidwood and Wilmington each desire to adopt a jurisdictional boundary
line between the municipalities; and
WHEREAS, in determining the location of the jurisdictional boundary line, Braidwood
and Wilmington each considered the natural flow of stormwater and have included all tracts under
common ownership within the jurisdiction of one municipality or have not assigned it to either
municipality; and
WHEREAS, the jurisdictional boundary line set forth in the Intergovernmental
Jurisdictional Boundary Line Agreement between the City of Braidwood and City of Wilmington
(the “Agreement”) does not conflict with the jurisdictional boundary line that Braidwood or
Wilmington have with other municipalities; and
WHEREAS, Braidwood and Wilmington have each provided notice of this proposed
Jurisdictional Boundary Line Agreement by:
1. Posting notice for not less than fifteen (15) consecutive days at the same location where
Village Board Meetings and City Council Meetings are posted; and
2. Publishing the Notice in at least one occasion in a newspaper in general circulation
within territory which is subject to the proposed agreement; and
WHEREAS, at least 30 and not more than 120 days have passed since the newspaper
notice was given prior to the formal approval of the Agreement; and
WHEREAS Braidwood and Wilmington are authorized to enter into this Agreement
pursuant to the Illinois Municipal Code (65 ILCS 5/11-12-9) and their authority under the
Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.).
NOW, THEREFORE, BE IT RESOLVED BY THE CORPORATE AUTHORITIES OF
THE CITY OF WILMINGTON, WILL COUNTY, STATE OF ILLINOIS, AS FOLLOWS:
SECTION 1: AGREEMENT APPROVED AND ADOPTED
The Intergovernmental Jurisdictional Boundary Line Agreement between the City of
Braidwood and City of Wilmington, in substantially the form of Exhibit 1 attached hereto, is
1

hereby approved and adopted. The Mayor is authorized and directed to execute the Agreement and
the Clerk shall attest to the Mayor’s signature.
SECTION 2: SEVERIBILITY
If any section, paragraph, clause or provision of this resolution is held invalid, the
invalidity of such section, paragraph, clause or provision shall not affect any other provision of
this resolution.
SECTION 3: REPEALER
All resolutions or orders, or parts thereof, which conflict with the provisions of this
resolution, are to the extent of such conflict hereby repealed.
SECTION 4: EFFECTIVE DATE
This resolution shall be in full force and effect from and after its passage, approval,
publication, and filing with the City Clerk as provided by law.
PASSED this ____ day of _____________, 2026 with _____ members voting aye, _____
members voting nay, the Mayor voting _____, with _____ members abstaining or passing and said
vote being:
Kevin Kirwin
Dennis Vice
Rachel Conforti
Todd Holmes

Marty Orr
Ryan Knight
Jonathan Mietzner
Thomas Smith

Approved this _____ day of __________________, 2026

Ben Dietz, Mayor
Attest:

Deputy City Clerk

2

Exhibit 1
Boundary Line Agreement

3

INTERGOVERNMENTAL JURISDICTIONAL BOUNDARY LINE AGREEMENT
BETWEEN THE CITY OF BRAIDWOOD
AND THE CITY OF WILMINGTON
This Agreement made and entered into this 22nd day of September, 2026, by and between
the City of Braidwood, Illinois, an Illinois Municipal Corporation and the City of Wilmington,
Illinois, an Illinois Municipal Corporation.
WITNESSETH
WHEREAS, Section 11-12-9 of the Illinois Municipal Code (Illinois Complied Statutes,
Chapter 65, Section 5/11-12-9), authorizes corporate authorities of municipalities to agree upon
boundaries for the exercise of the respective jurisdictions within unincorporated territory that lies
within one and one-half miles of the corporate limits of such municipalities; and
WHEREAS, Section 10, Article VII, of the Constitution of the State of Illinois of 1970
authorizes units of local government, including municipalities, to contract to exercise, combine,
or transfer any power or function not prohibited to them by law or ordinance; and
WHEREAS, corporate authorities of municipalities may exercise, in their business or
proprietary capacity, extraterritorial powers, such as the power to contract; and
WHEREAS, the Illinois Intergovernmental Cooperation Act, (Illinois Compiled Statutes,
Chapter 5, Section 220/1 et seq. authorizes municipalities to exercise jointly with any public
agency of the State, including other units of local government, any power, privilege, or authority
which may be exercised by a unit of local government individually, and to enter into contracts
for the performance of governmental services, activities and undertakings; and
WHEREAS, the City of Braidwood (hereinafter referred to as “Braidwood”) and the
City of Wilmington (hereinafter referred to as “Wilmington”) are Illinois municipal corporations
and public agencies, as defined by the Illinois Intergovernmental Cooperation Act; and
WHEREAS, Braidwood and Wilmington have adopted official comprehensive plans
controlling the development of that unincorporated territory; and
WHEREAS, developments underway or in various stages of planning are creating
growth and joint utility opportunities in and near the unincorporated territory; and
WHEREAS, Braidwood and Wilmington have determined that current plans and
opportunities for development will be accompanied by significantly higher demands for
governmental police power services, utility services, transportation services, and other municipal
services and financial commitments to meet the necessities of development; and
WHEREAS, Braidwood and Wilmington have determined that the territory lying
between their present municipal boundaries is a rapidly developing area in which problems
1

related to utility service, open space preservation, flood control, population density, ecological
and economic impact, and multi-purpose developments are ever-increasing both in number and
complexity; and
WHEREAS, Braidwood and Wilmington and their respective citizens are virtually
affected by such concerns, and any attempt to solve them and provide for the welfare, prosperity
and employment of the inhabitants of the municipalities will be benefitted by the mutual action
and intergovernmental cooperation with respect thereto; and
WHEREAS, Braidwood and Wilmington have determined that there exists a need and
desire to provide for logical municipal boundaries and areas of municipal authority between their
respective communities and the conservation of the available resources for all of their respective
citizens; and
WHEREAS, Braidwood and Wilmington, after due investigation and consideration, have
determined to enter into an agreement providing for the establishment of a boundary for their
respective jurisdictions in the unincorporated territory lying between and near their boundaries;
and
WHEREAS, Braidwood and Wilmington have determined that the observance of the
boundary line in future annexations by the two municipalities will serve the best interests of the
two communities; and
WHEREAS, Braidwood and Wilmington have determined that in some instances it will
be desirable and necessary for the power and authority conferred on one municipality to be
exercised by another; and
WHEREAS, Braidwood and Wilmington agree that the purpose of the Boundary
Agreement is to, among other things, establish a Boundary Line (as defined herein) between the
respective municipalities that prevents certain actions on the other municipality’s side of the
Boundary Line and is not an exercise of sovereign authority; and
WHEREAS, Braidwood and Wilmington have authorized the execution of this
Agreement as an exercise of their statutory powers, home rule powers, extraterritorial powers to
contract in their respective business or proprietary capacities and as an exercise of the
intergovernmental cooperation authority under the Constitution and laws of the State of Illinois;
and
WHEREAS, Braidwood and Wilmington have each provided notice, by publication and
posting, of their intent to adopt this Agreement in full compliance with Section 11-12-9 of the
Illinois Municipal Code (65 ILCS 5/11-12-9).
NOW, THEREFORE, in consideration of the mutual promises contained herein and in
further consideration of the recitals hereinabove set forth, it is hereby agreed between Braidwood
and Wilmington as follows:

2

1.

INCORPORATION OF PREAMBLE

Braidwood and Wilmington acknowledge that the statements made above in the recitals are
true and correct and that such recitals are incorporated into this Agreement as if fully set forth in
this paragraph one.
2.

BOUNDARY LINE

Braidwood and Wilmington agree that in the unincorporated area lying between and near the
two municipalities, the boundary line for annexation, governmental planning, subdivision control
facilities planning, zoning, official map, ordinances, and other municipal purposes shall be as
depicted on the map attached hereto as EXHIBIT A further described in EXHIBIT B both of
which are hereby incorporated herein and made a part of this Agreement. EXHIBIT A will be
referred to in the Agreement as the “Boundary Map” and the line separating the assigned areas of
municipal jurisdiction, as legally describe in EXHIBIT B, will be referred to as the “Boundary
Line.”
3.

JURISDICTION

(a)
With respect to property located within the area designated (as depicted on
EXHIBIT A) to Braidwood, Wilmington agrees that it shall not annex any unincorporated
territory within such area nor shall it exercise or attempt to exercise or enforce any zoning
ordinance, planning control, subdivision control, official map, or other municipal authority or
ordinances, except as may be hereinafter provided in this Agreement.
(b)
With respect to the property located within the area designated (as depicted on
EXHIBIT A) to Wilmington, Braidwood agrees that it shall not annex any unincorporated
territory within such area nor shall it exercise or attempt to exercise or enforce any zoning
ordinance planning control, official map, or other municipal authority or ordinances, except as
may be hereinafter provided in this Agreement.
(c)
Braidwood and Wilmington agree that if any landowner, contract purchaser or
developer proposes to develop land in the other party’s designated area by annexing to a third
municipality or under County ordinances, nothing in this Agreement shall prevent Braidwood or
Wilmington from opposing by any means the development including, but not limited to,
opposing the annexation, zoning, subdivision, site development, building and/or occupancy
permit(s).
4.

SUBDIVISION CONTROLS

In the event that either municipality’s subdivision control authority cannot be exercised
within its designated area because the municipality is not located within one and one-half miles
of a proposed subdivision, and if the other municipality is located within one and one-half miles
of that subdivision, then, in those events, the municipality located within one and once-half miles
of a proposed subdivision hereby transfers its subdivision control authority to the other
municipality pursuant to Section 10, Article VII, of the Constitution of the State of Illinois of
3

1970. In the event that any court of law shall find that the transfer of subdivision control power
between units of local government is prohibited by law, then, if either municipality cannot
exercise its subdivision control within its designated area because it is not located within one and
one-half miles of a proposed subdivision, then the latter municipality shall exercise subdivision
control notwithstanding the boundaries established by this Agreement.
For the purposes of this Agreement, the term “Subdivision” shall include subdivisions of
land as defined by applicable law and ordinances and also other developments or uses of land
which are made subject to either municipality’s subdivision regulations by law or ordinance.
5.

THIRD PARTY ANNEXATIONS

Upon a third party’s attempt to effectuate a voluntary or involuntary annexation to have
territory annexed to either municipality which annexation would have the effect of changing the
boundaries established under this Agreement, each municipality shall consider such annexation
and not oppose such annexation only where a mutual agreement between the municipalities may
be reached. Where a mutual agreement may not be reached, each municipality shall actively
oppose any attempt to effectuate any voluntary or involuntary annexation which would have the
effect of changing the boundaries established under this Agreement.
6.

ANNEXATION OF ROADWAYS

(a)
If the boundary line depicted on EXHIBIT A is located on a roadway, the
boundary line shall be deemed, except as otherwise provided herein, to be located on the center
line of the roadway if the roadway is located within the corporate limits of either municipality as
of the date of this Agreement. For territory that has been annexed by either municipality prior to
the date of this Agreement, then the roadway shall be deemed to be located within the
municipality to which the roadway has been annexed either by ordinance or by the operation of
State law (Illinois Compiled Statutes, Ch. 65, section 5/7-1-1). For unincorporated territory that
is located on either side of the boundary line and that will be annexed to the designated
municipality in the future, the roadway shall be deemed to be located within the municipality that
first annexes its respective territory adjacent to the roadway. The boundary line set by this
Agreement shall be deemed to have been amended accordingly without further action by either
municipality.
(b)
Each municipality agrees that with respect to any roadways that are deemed to be
located within that municipality’s territory pursuant to this Agreement, that municipality shall, to
the extent it has jurisdiction to do so, authorize the reasonable use of the right-of-way of such
roadway and grant non-exclusive easements for the installation by the other municipality of
water, sanitary sewer and utility service facilities, storm sewer mains and appurtenant public
improvements. Each municipality agrees that it may assign its non-exclusive easement rights to
any other unit of local government that may provide water, sanitary sewer, or storm sewer
service to territory within the easement grantee’s territory designated under this Agreement.
(c)
Each municipality requires that prior to authorizing the reasonable use of the
roadway right-of-way described in paragraph six (b) the entity performing the proposed work
4

shall be bonded and insured in accordance with the authorizing municipality’s applicable
requirements, ordinances and/or regulations.
(d)
The parties recognize that practical problems of providing required municipal
services for roadways that are located on the boundary line. To that end, the parties agree that
further cooperative agreements shall be developed to provide police and other municipal
services, including capital improvements, to roadways that are located on the boundary line.
7.

FACILITIES PLANNING AREA MODIFICATIONS

(a)
Braidwood shall not object to or otherwise contest a request to amend the
Wilmington Facilities Planning Area to add territory within Wilmington’s designated area as
depicted in EXHIBIT A. Braidwood further agrees not to make any requests, formal or informal,
to any third party for that third party to challenge the validity of Wilmington’s past, current, or
future annexations within its designated area.
(b)
Wilmington shall not object to or otherwise contest a request to amend the
Braidwood Facilities Planning Area to add territory within Braidwood’s designated area as
depicted in EXHIBIT A. Wilmington further agrees not to make any requests, formal or
informal, to any third party for that third party to challenge the validity of Braidwood’s past,
current, or future annexations within its designated area.
8.

WAIVER OF ANNEXATION CHALLENGES

(a)
Braidwood agrees that it waives any right to challenge or otherwise contest the
validity of any annexation Wilmington has effected, is effecting, or will effect in the future for
the territory located within Wilmington’s designated area as depicted in EXHIBIT A.
Braidwood further agrees not to make any requests, formal or informal, to any third party for that
third party to challenge the validity of Wilmington’s past, current, or future annexations within
its designated area.
(b)
Wilmington agrees that it waives any right to challenge or otherwise contest the
validity of any annexation Braidwood has effected, is effecting, or will effect in the future for the
territory located within Braidwood’s designated area as depicted in EXHIBIT A. Wilmington
further agrees not to make any requests, formal or informal, to any third party for that third party
to challenge the validity of Braidwood’s past, current, or future annexations within its designated
area.
9.

EFFECT OF AGREEMENT ON OTHER MUNICIPALITIES

This Agreement shall be binding upon and shall apply only to the legal relationship
between Braidwood and Wilmington. Nothing herein shall be used or construed to affect,
support, bind, or invalidate the boundary claims of either Braidwood or Wilmington insofar as
such shall affect any municipality which is not a party to this Agreement.

5

10.

AMENDMENT OF AGREEMENT

Neither Braidwood nor Wilmington shall either directly or indirectly seek any
modifications of this Agreement through court action, and this Agreement shall remain in full
force and effect until amended or changed by the mutual agreement of the corporate authorities
of both municipalities.
11.

DURATION OF AGREEMENT

This Agreement shall be in full force and effect for a period of 20 years from the date
hereof. The term stated herein may be extended, renewed or revised at the end of the initial or
extended term thereof by the mutual agreement of the corporate authorities of both
municipalities.
12.

INVALIDITY

In any term or provision of this Agreement or the application thereof to any person or
persons shall to any extent be invalid or unenforceable as finally determined by any court of
competent jurisdiction, this Agreement may, at the option of either party, be canceled and
terminated, and all obligations, undertakings, and liabilities of the parties hereto shall thereupon
automatically be terminated, released, and discharged.
13.

REPRESENTATIONS BY THE PARTIES

The parties represent, warrant, and agree to and with each other that each is a duly
organized and existing municipal corporation under Illinois Law, has taken all necessary
corporate and legal action to authorize the execution, delivery, and performance on their part of
this Agreement, that it has obtained all necessary voter approvals, and that the performance
hereto by each will not be in contravention of any resolutions, ordinances, laws, contracts, or
agreements to which it is a party or to which it is subject. The parties shall deliver to each other
certified copies of all resolutions or ordinances authorizing the execution and performance of this
Agreement. Wilmington shall save and hold harmless Braidwood and its officers, employees,
representatives, and agents from any and all claims, suits, and judgments, including litigation
expense and attorneys’ fees, relating to the authority, propriety, or appropriateness of
Wilmington executing or performing this Agreement, or the ownership and operation by
Wilmington of its wastewater collection systems and Braidwood shall save and hold harmless
Wilmington and its officers, employees, representatives, and agents from any and all claims,
suits, and judgments, including litigation expense and attorneys’ fees, relating to the authority,
propriety, or appropriateness of Braidwood executing or performing this Agreement, or the
ownership and operation by Braidwood of its wastewater collection systems.
14.

FAILURE TO ENFORCE

The failure of any party hereto to enforce any of the provisions of this Agreement, or the
waiver thereof in any instance, shall not be construed as a general waiver thereof in any instance,

6

shall not be construed as a general waiver or relinquishment on its part of any such provision, but
the same shall, nevertheless, be and remain in full force and effect.
15.

CAUSES BEYOND CONTROL

No party to this Agreement shall be liable to another for failure, default, or delay in
performing any of its obligations hereunder, other than for the payment of money obligations
specified herein, in case such failure, default, or delay in performing any of its obligations
specified herein is caused by strikes; by forces of nature; unavoidable accident; fires; acts of
public enemy; interference by civil authorities; passage of laws; orders of court adoption of rules
by a public body having jurisdiction; ordinances, decisions, orders or regulations of any
government or military body or agency, office, or commission having jurisdiction, delays in
receipt of materials which been timely ordered and which are beyond the control of the party
ordering the same, or any other cause, whether of similar nature, not within the control of the
party affected and which, by the exercise of due diligence, such party is unable to prevent to
overcome. Should any of the foregoing occur, the parties hereto agree to proceed with diligence
to do what is reasonable and necessary so that each party may perform its obligations under this
Agreement. Neither party shall incur any liability to the other for consequential or other damages
which may result from delays in initiating service or interruptions or other malfunctions of
service.
16.

ENFORCEMENT

This Agreement shall be enforceable through any appropriate action at law or in equity,
including but not limited to mandamus and actions for specific performance. No action may be
brought to enforce this Agreement unless the party seeking enforcement first notifies the other
party in writing of the nature of the alleged breach, the specific action required to remedy the
breach and the amount of time reasonably required to attain compliance, but not less than fifteen
(15) days. The parties shall bear their own expenses related to the enforcement of this
Agreement.
17.

NOTICES

Any notice required by this Agreement shall be in writing and shall be served by personal
delivery on the municipal clerk and chief administrative officer of the receiving party. In lieu of
personal service, required notices may be served by certified mail, return receipt requested,
addressed to the municipal clerk and chief administrative officer of the receiving party. Notices
shall be deemed served on the day of personal delivery or on the fourth day following mailing.
18.

RESERVATION OF RIGHTS

Nothing in this Agreement is intended to confer a benefit or right of enforcement upon a
third party. Further, both municipalities specifically reserve all rights, privileges, and immunities
upon them by law.

7

19.

AGENCY

Neither party is an agent of the other party and neither shall incur any costs or expenses
on behalf of the other.
20.

COMPLETE AGREEMENT

This Agreement sets forth the complete understanding between Wilmington and
Braidwood relating to the terms hereof and any amendment hereto to be effective must be in
writing and duly authorized and signed by both parties.
21.

SEVERABILITY

If any provisions of this Agreement shall be declared invalid for any reason, such
invalidation shall not affect other provisions of this Agreement which can be given effect without
the invalid provisions and to this end the provisions of this Agreement are to be severable.
22.

REPEALER

All agreements or parts thereof in conflict with the terms of this Agreement are hereby
repealed and of no further force and effect to the extent of such conflict.
23.

PUBLICATION AND RECORDING

This Agreement shall be construed in accordance with the laws of the State of Illinois and
shall be certified as to the adoption by the municipal clerk of each municipality, made available
in the office of each municipal clerk, published by the representative municipalities and recorded
or filed with the Will County Recorder and others as their interest may appear.
24.

EFFECTIVE DATE

This Agreement shall be in full force and effect after its passage, approval and
publication as required by law.

(intentionally blank)

8

IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed
in their respective corporate names by their respective officers thereunto duly authorized and their
respective corporate seals to be hereunto affixed and attested by their respective officers having
custody thereof the day and year first above written.
CITY OF WILMINGTON
an Illinois Municipal Corporation

ATTEST:

By: ____________________
Ben Dietz, Mayor

_____________________
Joie Ziller, Deputy City Clerk

CITY OF BRAIDWOOD
an Illinois Municipal Corporation

ATTEST:

By: _____________________
Todd Lyons, Mayor

_____________________
Sarah Weaver, City Clerk

9

(Seal)

(Seal)

EXHIBIT A
BOUNDARY MAP

11

EXHIBIT B
BOUNDARY LINE LEGAL DESCRIPTION:
Beginning at the intersection of the north line of the Southwest Quarter of Section 32, Township
33 North, Range 9 East of the Third Principal Meridian, Wilmington Township, Will County,
Illinois with the westerly right of way of Interstate 55;
Thence easterly along the north line of the Southwest Quarter of said Section 32, to the east line
of the West Half of the Southwest Quarter of said Section 32;
Thence southerly along the east line of the West Half of the Southwest Quarter of said Section
32, to the south line of the Southwest Quarter of said Section 32, also the north line of the
Northwest Quarter of Section 5, Township 32 North, Range 9 East of the Third Principal
Meridian, Reed Township, Will County, Illinois;
Thence easterly along the north line of said Section 5, the north line of Section 4, Township 32
North, Range 9 East of the Third Principal Meridian, Reed Township, Will County, Illinois, and
the north line of Section 3, Township 32 North, Range 9 East of the Third Principal Meridian,
Custer Township, Will County, Illinois, to the easterly right of way of Illinois Route 129;
Thence southerly, westerly, and southwesterly, along the easterly right of way of Illinois Route
129 to the northwest right of way line of the 100-foot wide Union Pacific Railroad (formerly the
Gulf, Mobile, and Ohio Railroad);
Thence northeasterly along said northwest right of way line of the 100-foot wide Union Pacific
Railroad (formerly the Gulf, Mobile, and Ohio Railroad) to the east line of the Southeast Quarter
of Section 4, Township 32 North, Range 9 East of the Third Principal Meridian, Reed Township,
Will County, Illinois, also the west line of the Southwest Quarter of Section 3, Township 32
North, Range 9 East of the Third Principal Meridian, Custer Township, Will County, Illinois;
Thence northerly along said east line and said west line, to the northeast corner of the Southeast
Quarter of said Section 4, also the northwest corner of the Southwest Quarter of said Section 3;
Thence easterly along the north line of the Southwest Quarter of said Section 3, also the south
line of the Northwest Quarter of said Section 3, to the northwest right of way line of the 100-foot
wide Union Pacific Railroad (formerly the Gulf, Mobile, and Ohio Railroad);
Thence northeasterly along said right of way line of the 100-foot wide Union Pacific Railroad
(formerly the Gulf, Mobile, and Ohio Railroad), to the east line of the Northwest Quarter of said
Section 3, also the west line of the Northeast Quarter of said Section 3;
Thence northerly along said east line and said west line, to the north line of the Northeast Quarter
of said Section 3;

12

Thence easterly along said north line, to the northwest right of way line of the 100-foot wide
Union Pacific Railroad (formerly the Gulf, Mobile, and Ohio Railroad);
Thence northeasterly along said northwest right of way line of the 100-foot wide Union Pacific
Railroad (formerly the Gulf, Mobile, and Ohio Railroad), to the westerly prolongation of the
southerly line of Warranty Deed recorded June 23, 2016 as document number R2016046680,
Will County, Illinois;
Thence easterly along said westerly prolongation, and the southerly line of said document
number R2016046680, to the east line of Lot 3 in Wolniak Subdivision being a subdivision in
the Southeast Quarter of Section 34, Township 33 North, Range 9 East of the Third Principal
Meridian, Wilmington Township, Will County, Illinois a per plat thereof recorded August 18,
1969, as document number R69-15191;
Thence southerly along the east line of Lot 3 in said Wolniak Subdivision, and the southerly
prolongation of said east line, to the south line of the Southeast Quarter of Section 34, Township
33 North, Range 9 East of the Third Principal Meridian, Wilmington Township, Will County,
Illinois, also the north line of the Northeast Quarter of Section 3, Township 32 North, Range 9
East of the Third Principal Meridian, Custer Township, Will County, Illinois;
Thence easterly along said south line and said north line, to the northeast corner of the Northeast
Quarter of said Section 3;
Thence southerly along the east line of the Northeast Quarter of said Section 3 and the east line
of the Southeast Quarter of said Section 3, to the southeast corner of said Section 3, also the
northeast corner of the Northeast Quarter of Section 10, Township 32 North, Range 9 East of the
Third Principal Meridian, Custer Township, Will County, Illinois;
Thence southerly along the east line of the Northeast Quarter of said Section 10 and the east line
of the Southeast Quarter of said Section 10, to the southeast corner of said Section 10, also the
northeast corner of the Northeast Quarter of Section 15, Township 32 North, Range 9 East of the
Third Principal Meridian, Custer Township, Will County, Illinois;
Thence southerly along the east line of the Northeast Quarter of said Section 15 and the east line
of the Southeast Quarter of said Section 15, to the southeast corner of the Southeast Quarter of
said Section 15 and the Point of Terminus.

13

CITY OF WILMINGTON
ORDINANCE NO. 26-09-15-03
AN ORDINANCE APPROVING THE EXECUTION OF A CERTAIN
DOCUMENT IN CONNECTION WITH THE CANCELLATION OF TIF
NOTE R-1 AND THE ISSUANCE OF TIF NOTE R-I/r
WHEREAS, on May 4, 2010, the City Council of the City of Wilmington (the “Corporate
Authorities”) adopted Ordinance No. 10-05-04-06 approving a redevelopment plan and project
prepared by Laube Companies (the “Redevelopment Plan and Project”) for an area consisting of
1,275 acres located at the southeast quadrant near the intersection of Interstate 55 and Lorenzo
Road that are appropriate for industrial and commercial development and use as an Intermodal
Terminal Facility Area (“Redevelopment Project Area”) as defined in the Tax Increment
Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq. (“Act”); and
WHEREAS, the Redevelopment Plan and Project, including the Redevelopment Project
Area as provided therein, were the subject of (i) extensive consideration by a properly convened
joint review board and (ii) a public hearing held in accordance with the Act; and
WHEREAS, on May 4, 2010, the Corporate Authorities adopted Ordinance No. 10-0504-07 designating the Redevelopment Project Area as the Interstate 55 and Lorenzo Road
Redevelopment Project Area pursuant to the Act; and
WHEREAS, on May 4, 2010, the Corporate Authorities adopted Ordinance No. 10-0504-08 approving tax increment allocation financing for the Redevelopment Project Area to carry
out the terms and conditions of the Redevelopment Plan and Project; and
WHEREAS, on May 18, 2010, the City of Wilmington (the “City”) entered into that
certain Redevelopment Agreement with Ridgeport Development Services, LLC and Ridgeport
Logistics Center I, LLC, as amended by (a) that certain First Amendment to Redevelopment
Agreement dated October 19, 2010 (the “First Amendment”), (b) that certain Second Amendment
1099165\330297285.v2

to Redevelopment Agreement dated August 24, 2011 (the “Second Amendment”), (c) that certain
Third Amendment to Redevelopment Agreement dated July 17, 2012 (the “Third Amendment”),
(d) that certain Fourth Amendment to Redevelopment Agreement dated February 2013 (the
“Fourth Amendment”), (e) that certain Fifth Amendment to Redevelopment Agreement dated
June 6, 2014 (the “Fifth Amendment”), (f) that certain Sixth Amendment to Redevelopment
Agreement dated September 2, 2014 (the “Sixth Amendment”), (g) that certain Seventh
Amendment to Redevelopment Agreement dated December 19, 2014 (the “Seventh
Amendment”), (h) that certain Eighth Amendment to Redevelopment Agreement dated March 17,
2015 (the “Eighth Amendment”), (i) that certain Ninth Amendment to Redevelopment Agreement
dated March 17, 2015 (the “Ninth Amendment”), (j) that certain Tenth

Amendment

to

Redevelopment Agreement dated March 29, 2016 (the “Tenth Amendment”), (k) that certain
Eleventh Amendment to Redevelopment Agreement dated April 26, 2016 (the “Eleventh
Amendment”), (l) that certain Twelfth Amendment to Redevelopment Agreement dated
September 2, 2016 (the “Twelfth Amendment”), (m) that certain Thirteenth Amendment to
Redevelopment Agreement dated September 27, 2016 (the “Thirteenth Amendment”) and (n) that
certain Fourteenth Amendment to Redevelopment Agreement dated February 10, 2017 (the
“Fourteenth Amendment”), said Redevelopment Agreement being referred to herein as the
“Original Redevelopment Agreement”); and
WHEREAS, the Original Redevelopment Agreement was amended and restated in full in
that certain Amended and Restated Redevelopment Agreement dated as of January 3, 2018, which
was amended by that certain First Amendment to Amended and Restated Redevelopment
Agreement dated as of September 18, 2018 (collectively, the “Restated Redevelopment
Agreement”), between the City, Adar Ridgeport Industrial Partners, LLC, Ridgeport Partners I,

2

1099165\330297285.v2

LLC, Ridgeport Partners II, LLC, Batory Real Estate Holding, LLC, A-R Ridgeport II, LLC and
Ridge Lego Partners, LLC (“Ridge Lego” or “New Owner I”), pursuant to Ordinance No. 18-0918-01; and
WHEREAS, the Redevelopment Project Area was amended to remove 14.5 acres of land
therefrom (the “2014 Plan Amendment”), which was adopted pursuant to Ordinance Nos. 14-0902-02, 14-09-02-03 and 14-09-02-04 on September 2, 2014, and further amended by the “2016
Amendment to the Tax Increment Financing Redevelopment Plan & Project” for the Ridgeport
Logistics Center Intermodal Terminal Facility Area (the “2016 Plan Amendment”), which was
adopted pursuant to Ordinance No. 17-01-03-01 on January 3, 2017, and the “2019 Amendment
to the Tax Increment Financing Redevelopment Plan & Project” for the Ridgeport Logistics Center
Intermodal Terminal Facility Area (the “2019 Plan Amendment”), which was adopted pursuant to
Ordinances Nos. 19-08-07-02, 19-08-07-03 and 19-08-07-04 on August 8, 2019, and the “2021
Amendment to the Tax Increment Financing Redevelopment Plan & Project” for the Ridgeport
Logistics Center Intermodal Terminal Facility Area (the “2021 Plan Amendment”), which was
adopted pursuant to Ordinances Nos. 21-05-04-01, 25-05-04-02 and 25-05-04-03 on May 4, 2021,
and the “2024 Amendment to the Tax Increment Financing Redevelopment Plan & Project” for
the Ridgeport Logistics Center Intermodal Terminal Facility Area (the “2024 Plan Amendment”),
which was adopted pursuant to Ordinances Nos. 24-12-17-01, 24-12-17-02 and 24-12-17-03 on
December 17, 2024, and the “2026 Amendment to the Tax Increment Financing Redevelopment
Plan & Project” for the Ridgeport Logistics Center Intermodal Terminal Facility Area (the “2026
Plan Amendment”), which was adopted pursuant to Ordinances Nos. 26-05-19-01, 26-05-19-02
and 26-05-19-03 on May 19, 26; and

3

1099165\330297285.v2

WHEREAS, the Original Redevelopment Agreement, as amended and restated by the
Amended and Restated Redevelopment Agreement 1 is referred to herein as the “Redevelopment
Agreement,” and capitalized terms used but not expressly defined herein shall have the meanings
set forth in the Redevelopment Agreement; and
WHEREAS, Ridge Lego, as the owner of the New Owner I Parcels (the “Original
Parcels”) and the New Owner I Expansion Parcel (the “Expansion Parcel” and, together with the
Original Parcels, the “Parcels”), leased the Parcels to Michelin North America, Inc. (the “Tenant”
or “Michelin”) pursuant to the Lease Agreement dated June 6, 2014 by and between Ridge Lego
and the Tenant (“Michelin Lease”); and
WHEREAS, consistent with the terms of the Michelin Lease, (i) the City issued its
Taxable Tax Increment Allocation Revenue Note (Portion of Ridgeport Logistics Center
Intermodal Facility Terminal Area Redevelopment Project) dated May 14, 2014 in the amount of
$26,131,751.00 (the “TIF Note R-1”), pursuant to the Redevelopment Agreement, in favor of
Ridge Lego in order to finance TIF Eligible Expenses constituting Redevelopment Project Costs
that were incurred with respect to the Original Parcels, and (ii) Ridge Lego assigned the TIF Note
R-1 to the Tenant pursuant to the Assignment of Tax Increment Financing Payments Agreement
dated as of May 21, 2014 (the “Assignment of TIF Payments Agreement/TIF Note R-1”) between
Ridge Lego and the Tenant, which is attached hereto as Exhibit A; and
WHEREAS, Ridge Lego has sold the Parcels to US Logistics PropCo, LLC, a Delaware
limited liability company (the “Purchaser”); and

The “Amended and Restated Redevelopment Agreement Between the City of Wilmington and Adar Ridgeport
Industrial Partners, LLC, Ridge Lego Partners, LLC, Ridgeport Partners I, LLC, Ridgeport Partners II, LLC, Batory
Real Estate Holdings, LLC and A-R Ridgeport II, LLC (I-55 and Lorenzo Road)”, recorded at the Will County
Recorder of Deeds on February 13, 2018 and as amended from time to time.
1

4

1099165\330297285.v2

WHEREAS, prior to the sale of the Parcels to the Purchaser, (i) the City issued its Taxable
Tax Increment Allocation Revenue Note (Portion of Ridgeport Logistics Center Intermodal
Facility Terminal Area Redevelopment Project) dated March 5, 2020 in the amount of
$5,182,825.00 (the “TIF Note R-2/S”), pursuant to the Redevelopment Agreement, in favor of
Ridge Lego in order to finance TIF Eligible Expenses constituting Redevelopment Project Costs
that were incurred with respect to the Expansion Parcel, and (ii) Ridge Lego assigned the TIF Note
to the Tenant pursuant to the Assignment of Tax Increment Financing Payments Agreement dated
as of February 3, 2021 (the “Assignment of Payments Agreement/R-2/S”) between Ridge Lego
and the Tenant;
WHEREAS, pursuant to Ordinance 21-03-16-03, and pursuant to the Assignment of
Payments Agreement R-2/S, the City reissued TIF Note R-2/S in the name of Tenant in the
principal amount of $4,863,894.98 (the “Michelin TIF Note R-2/S”);
WHEREAS, although it was the intention of Ridge Lego and Tenant to do so, the City did
not reissue TIF Note R-1 in the name of Tenant;
WHEREAS, the City has previously executed its consent to the Assignment of Payments
Agreement/TIF Note R-1 (the “Consent to Assignment/TIF Note R-1”); and
WHEREAS, Michelin has requested that the City issue a replacement TIF Note R-1, in
the form attached hereto as Exhibit B (the “TIF Note R-1/r”), registered in the name of Michelin,
in substitution for the original TIF Note R-1, which will be surrendered to the City for cancellation
by Michelin as a tenant; and
WHEREAS, the parcels of real estate subject the this reissuance are property tax parcels
to which the County has currently assigned with specific tax parcel index numbers 03-17-16-103-

5

1099165\330297285.v2

005-0000, 03-17-16-301-001-0000 and 03-17-16-401-001-0000 (such numbers, shall be referred
to as the “Subject PINs”)
WHEREAS, the Corporate Authorities have determined that it is advisable, necessary and
in the best interests of the City to reissue TIF Note R-1 as TIF Note R-1/r to Michelin as the
registered owner of said reissued Note;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Wilmington, County of Will, State of Illinois, as follows:
SECTION ONE. Recitals. The foregoing recitals are by this reference incorporated into
and made a part of this Ordinance as if fully set forth.
SECTION TWO. Definitions. Capitalized terms used but not expressly defined herein
shall have the meanings set forth in the Redevelopment Agreement.
SECTION THREE. Findings. It is advisable, necessary, and in the best interests of the
City that the City issue TIF Note R-1/r in the name of Michelin in exchange for the original TIF
Note R-1 which is hereby declared null and void upon request of Michelin.
SECTION FOUR. Form of Michelin TIF Note R-1. In order to easily distinguish the
reissued TIF Note from the Original TIF Note R-1, the newly issued TIF Note shall be entitled
“TIF Note R-1/r” and in substantially the form attached hereto as Exhibit B.
SECTION FIVE. Authorization of Michelin TIF Note R-1/r; Further Actions. The
Mayor and the Deputy City Clerk of the City are hereby authorized to execute and deliver the
Michelin TIF Note R-1/r, and to take all such actions as they deem necessary or desirable in
connection with the issuance of the Michelin TIF Note R-1/r, and to execute, acknowledge and
deliver all such other documents on behalf of City as may in his or her discretion be deemed
6

1099165\330297285.v2

necessary or desirable in connection with the foregoing, and to carry out and comply with the terms
and provisions of this Ordinance.
SECTION SIX. Michelin Acceptance of Redevelopment Agreement Terms with
Respect to Continuing Obligations and Distribution of Available Incremental Property
Taxes. Michelin affirms its acceptance of and will abide by the terms within the Redevelopment
Agreement pertaining to continuing obligations, particularly Subsection 15.2, paragraphs (ii), (iii),
(vii) and (viii), and the provisions governing the payments to “New Owner 1” (now Michelin)
from the Available Incremental Property Taxes, including the schedule of payment limitations as
shown on Exhibit M “New Owner I Annual Limitation. Also, Michelin recognizes that the
payments already made to Michelin with respect to the Available Incremental Property Taxes from
the Subject PINs in 2025 constitute year 10 of the 17-year schedule shown on Attachment M of
the Redevelopment Agreement. Payments made in 2026 (for the 2025 tax year) will constitute
year 11 with respect to the Subject PINs.
SECTION SEVEN. Effective Date. This Ordinance shall be in full force and effect after
its passage, approval, and publication in pamphlet form in the manner provided by law.
SECTION EIGHT. Severability. If any section, paragraph, clause, or provision of this
Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph, clause, or provision shall not affect any of the
remaining provisions of this Ordinance.
SECTION NINE. Repeal. All ordinances, resolutions, or parts thereof in conflict herewith
be and the same hereby are repealed, and this Ordinance shall be in full force and effect forthwith
upon its adoption.
7

1099165\330297285.v2

[SIGNATURE PAGE FOLLOWS]

8

1099165\330297285.v2

PASSED this __ day of __________, 2026.
AYES:

(_)

NAYES:

(_)

ABSENT:

(_)

_________________________________________

APPROVED this __ day of ____________, 2026.

Mayor

ATTEST:

Deputy City Clerk

1099165\330297285.v2

EXHIBIT A
ASSIGNMENT OF PAYMENTS AGREEMENT/TIF NOTE R-1

1099165\330297285.v2

EXHIBIT B
FORM OF MICHELIN TIF NOTE R-1/r

1099165\330297285.v2

TIF Note
REGISTERED
NO. R-1/r

MAXIMUM AMOUNT
$26,131,751

UNITED STATES OF AMERICA
STATE OF ILLINOIS
COUNTY OF WILL
CITY OF WILMINGTON
TAX INCREMENT ALLOCATION REVENUE NOTE
(PORTION OF RIDGEPORT LOGISTICS CENTER INTERMODAL FACILITY
TERMINAL AREA REDEVELOPMENT PROJECT)
Registered Owner: Michelin North America, Inc.
Interest Rate: 5.60% per annum
Issue Date: July , 2026
Maturity Date: December 31, 2034
KNOW ALL PERSONS BY THESE PRESENTS, that the City of Wilmington, Will
County, Illinois (the “City”), hereby acknowledges itself to owe and for value received promises
to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on
or before the Maturity Date identified above, but solely from the sources hereinafter identified, the
principal amount of this Note from time to time representing TIF Eligible Expenses as defined in
a certain Redevelopment Agreement hereinafter defined 1 (the “Redevelopment Agreement”) in
accordance with said Redevelopment Agreement up to the principal amount of $26,131,751.00
and to pay the Registered Owner simple interest on that amount at the Interest Rate per year
specified above from the Issuance Date of May 14, 2014 for the original TIF Note R-1. Interest
shall be computed on the basis of a 360-day year of twelve 30-day months. Any unpaid accrued
interest on the original TIF Note R-1, at the time of the issuance of this TIF Note R-1/r, shall carry
over to and become an obligation of this TIF Note R-1/r.
Principal of and interest on this Note payable from the Available Incremental Property
Taxes (as defined in the Redevelopment Agreement and as further limited below) is due (i)
March 31 of each year until the earlier of the Maturity Date or until this Note is paid in full, and
(ii) on the Maturity Date if this Note is not previously paid in full. Payments shall first be applied
to interest. Principal of and interest on this Note shall be payable from the remainder of Available
Incremental Property Taxes solely with respect to the real property tax parcels to which the County
has currently assigned with specific tax parcel index numbers #03-17-16-103-005-0000, 03-1716-301-001-0000 and 03-17-16-401-001-0000 (such numbers, shall be referred to as the “Subject
The “Amended and Restated Redevelopment Agreement Between the City of Wilmington and Adar Ridgeport
Industrial Partners, LLC, Ridge Lego Partners, LLC, Ridgeport Partners I, LLC, Ridgeport Partners II, LLC, Batory
Real Estate Holdings, LLC and A-R Ridgeport II, LLC (I-55 and Lorenzo Road)”, recorded at the Will County
Recorder of Deeds on February 13, 2018 and as amended from time to time.
1

1099165\330377539.v2

PINs”) and as otherwise described in the payment priorities established under the Redevelopment
Agreement. The principal of and interest on this Note are payable in lawful money of the United
States of America, and shall be made to the Registered Owner hereof as shown on the registration
books of the City maintained by the City Clerk, as registrar and paying agent (the “Registrar”), at
the close of business on the fifteenth (15th) day of the month which is on the fifteenth (15th)
immediately prior to the applicable payment, maturity or redemption date, and shall be paid by
check or draft of the Registrar, payable in lawful money of the United States of America, mailed
to the address of such Registered Owner as it appears on such registration books or at such other
address furnished in writing by such Registered Owner to the Registrar; provided, that the final
installment of principal and accrued but unpaid interest will be payable solely upon presentation
of this Note at the principal office of the Registrar in Wilmington, Illinois or as otherwise directed
by the City. The Registered Owner of this Note shall note on the Payment Record attached hereto
the amount and the date of any payment of the principal of this Note promptly upon receipt of such
payment. In case of a discrepancy, the City’s records shall be controlling, absent manifest error.
The principal of this Note is subject to redemption on any date, as a whole or in part, at a
redemption price of 100% of the principal amount hereof being redeemed. There shall be no
prepayment penalty. Notice of any such redemption shall be sent by registered or certified mail
not less than five (5) days nor more than sixty (60) days prior to the date fixed for redemption to
the Registered Owner of this Note at the address shown of the registration books of the City
maintained by the Registrar or at such other address as is furnished in writing by such Registered
Owner to the Registrar.
This Note is issued by the City in the principal amount of $26,131,751 the aggregate
reimbursement provided for in the Redevelopment Agreement, plus certain interest, as described
in the Redevelopment Agreement, to the Registered Owner in exchange for the Original Note (as
defined below) which was issued for the purpose of paying the costs of certain TIF Eligible
Expenses (as defined in the Redevelopment Agreement) incurred by New Owner I or expressly
assigned to New Owner I as provided in the Redevelopment Agreement in connection with the
acquisition, development and construction of the New Owner I Parcel and New Owner I Tenant
Improvements (as such terms are defined in the Redevelopment Agreement) in the area described
by the Subject PINs in the RidgePort Redevelopment Project Area (the “Project Area”) in the City,
all in accordance with the Constitution and the laws of the State of Illinois, and particularly the
Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (the “TIF Act”), the
Local Government Debt Reform Act (30 TLCS 350/1 et seq.) and the TIF Ordinances adopted by
the City Council of the City on May 10, 2010, as amended from time to time (the “TIF
Ordinances”), in all respects as by law required. This Taxable Tax Increment Allocation Revenue
Note is issued in replacement of the City’s TIF Note R-1 in the original principal amount of
$26,131.751.00 dated May 14, 2014 (the “Original Note”), which was assigned by Ridge Lego
Partners, LLC to the Michelin on May 21, 2014 and which was surrendered to the City and
canceled by the City on ___________________, 2026.
The City has assigned and pledged certain rights, title and interest of the City in and to
certain incremental ad valorem tax revenues from the portion of the Project Area constituted by
the Subject PINs which the City is entitled to receive pursuant to the TIF Act and the
Redevelopment Agreement and the TIF Ordinances, in order to pay the principal and interest of
this Note. Reference is hereby made to the aforesaid TIF Ordinances and Redevelopment
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Agreement for a description, among others, with respect to the determination, custody and
application of said revenues, including priority of payment the nature and extent of such security
with respect to this Note and the terms and conditions under which this Note is issued and secured.
THIS NOTE IS A SPECIAL LIMITED OBLIGATION OF THE CITY AND IS PAYABLE
SOLELY FROM AVAILABLE INCREMENTAL PROPERTY TAXES FROM THE SUBJECT
PINs, AND SHALL BE A VALID CLAIM OF THE REGISTERED OWNER HEREOF ONLY
AGAINST SAID SOURCES AS FURTHER LIMITED, EACH CALENDAR YEAR, BY THE
REGISTERED OWNER ANNUAL LIMITATION DESCRIBED BELOW. AVAILABLE
INCREMENTAL PROPERTY TAXES FROM SOURCES OTHER THAN THE SUBJECT PINs
SHALL NOT BE AVAILABLE TO PAY THIS NOTE. THIS NOTE SHALL NOT BE DEEMED
TO CONSTITUTE AN INDEBTEDNESS OR A LOAN AGAINST THE GENERAL TAXING
POWERS OR CREDIT OF THE CITY, OR MORAL OBLIGATION OF THE CITY, WITHIN
THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION. THE
REGISTERED OWNER OF THIS NOTE SHALL NOT HAVE THE RIGHT TO COMPEL ANY
EXERCISE OF THE TAXING POWER OF THE CITY, THE STATE OF ILLINOIS OR ANY
POLITICAL SUBDIVISION THEREOF TO PAY THE PRINCIPAL OR INTEREST OF THIS
NOTE.
This Note is issued in fully registered form in the denomination of its outstanding principal
amount. This Note may not be exchanged for a like aggregate principal amount of notes of other
denominations.
This Note is transferable by the Registered Owner hereof in person or by its attorney duly
authorized in writing at the principal office of the Registrar in Wilmington, Illinois, but only in the
manner and subject to the limitations provided in the Redevelopment Agreement, and upon
surrender and cancellation of this Note. Upon such transfer, a new Note of authorized
denomination of the same maturity and for the same aggregate principal amount, less any
redemptions, will be issued to the transferee in exchange herefor. The Registrar shall not be
required to transfer this Note during the period beginning at the close of business on the fifteenth
day of the month immediately prior to the maturity date of this Note nor to transfer this Note after
notice calling this Note or a portion hereof for redemption has been mailed, nor during a period of
five (5) days next preceding mailing of a notice of redemption of this Note. Such transfer shall be
in accordance with the form at the end of this Note.
This Note hereby authorized shall be executed and delivered as the Ordinance and the
Redevelopment Agreement provide.
Pursuant to the Redevelopment Agreement and particularly the Fifth Amendment
referenced therein, the New Owner I previously acquired the New Owner I Parcel and constructed
the New Owner I Tenant Improvements and to advance funds for the construction of certain
facilities related to the Project on behalf of the City. The applicable terms of the Redevelopment
Agreement are incorporated herein by reference.
The City and the Registrar may deem and treat the Registered Owner hereof as the absolute
owner hereof for the purpose of receiving payment of or on account of principal hereof and for all
other purposes and neither the City nor the Registrar shall be affected by any notice to the contrary,
unless transferred in accordance with the provisions hereof.
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1099165\330377539.v2

It is hereby certified and recited that all conditions, acts and things required by law to exist,
to happen, or to be done or performed precedent to and in the issuance of this Note did exist, have
happened, have been done and have been performed in regular and due form and time as required
by law; that the issuance of this Note, together with all other obligations of the City, does not
exceed or violate any constitutional or statutory limitation applicable to the City.
This Note shall not be valid or become obligatory for any purpose until the certificate of
authentication hereon shall have been signed by the Registrar.
This Note is assignable pursuant to the terms set forth herein and in the Redevelopment
Agreement. This Note is not a negotiable instrument.
Annual Limitation
Notwithstanding anything the contrary, in no event shall the payments on this note from
Available Incremental Property Taxes for any calendar year exceed the limitations per annum
identified in Schedule 1. Such limitation shall be referred to as the “Annual Limitation”. The
Registered Owner recognizes that the payments already made to Michelin with respect to the
Available Incremental Property Taxes from the Subject PINs in 2025 constitute year 10 of the 17year schedule shown on Schedule 1. Payments made in 2026 (for the 2025 tax year) will constitute
year 11 with respect to the Subject PINs.
Other Limitations and Terms
This note shall be subject to Registered Owner’s compliance with the terms of the
Redevelopment Agreement as it applies to the Subject PINS. Notwithstanding anything to the
contrary, (i) the Available Incremental Property Taxes that are pledged and are the sole source of
repayment of this note are only those Available Incremental Property Taxes generated from the
Subject PINs (and not by the Project Area as a whole), (ii) notwithstanding the principal amount
of this note, the holder shall not receive Available Incremental Property Taxes in any year in excess
of the Annual Limitation, and (iii) any Available Incremental Property Taxes generated from the
PINS.
The City shall not have any responsibility at the end of the term of this Note to pay any
shortfall in the payment of this note due to insufficient Available Incremental Property Taxes
resulting from the Annual Limitation or otherwise. Any payment under this note shall be subject
to Registered Owner’s compliance with the terms of the Redevelopment Agreement, as it applies
to the Subject PINS, including satisfaction of the covenants, terms and conditions of Section 5.4
of the Redevelopment Agreement, except for conditions set forth by reference to subsections (d),
(e) and (f) of Section 5.1 therein.
Reliance by the City
The City shall be entitled to rely, and shall be fully protected in relying, upon any writing,
communication, signature, resolution, representation, notice, consent, certificate, electronic mail
message, affidavit, letter, facsimile, or other written message, statement or other document
believed by it to be genuine and correct and to have been signed, sent or made by the proper person
or persons. The City shall be fully justified in suspending and forfeiting payments and issuing a
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replacement note to Registered Owner (or a subsequent titleholder) in the event of receipt of a
notice referenced in this Note. Registered Owner and any other Registered Owner, by acceptance
of this Note, hereby agree to indemnify, defend and hold the City harmless from any cost, claim,
damage or expense, including reasonable attorney fees, by reason of the City’s actions. Such
obligations shall be joint and several.
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5

1099165\330377539.v2

IN WITNESS WHEREOF, the City of Wilmington, Will County, Illinois, by its City
Council, has caused its official seal to be imprinted by facsimile hereon or hereunto affixed, and
has caused this Note to be signed by the duly authorized signature of the Mayor and attested by
the duly authorized signature of the City Clerk of the City, all as of _____________. 2026.

Mayor

Attest:

Deputy City Clerk

CERTIFICATE
OF
AUTHENTICATION

Registrar and Paying Agent
Treasurer of the
City of Wilmington,
Will County, Illinois

This Note is a replacement to the
TIF Note described in subsection
(ii) of Section 4.3 of the
Redevelopment Agreement and is
the Tax Increment Allocation
Revenue
Note
(Portion
of
RidgePort
Logistics
Center
lntermodal Facility Terminal Area
Redevelopment Project) of the City
of Wilmington, Will County

Treasurer:
Date:

1099165\330377539.v2

TERMS OF NOTE ACCEPTED AND AGREED TO:
REGISTERED OWNER I:
MICHELIN NORTH AMERICA, INC., a
New York corporation

By:

Name:
Its: Authorized Signatory
Authority Warranted

1099165\330377539.v2

Schedule 1
NEW OWNER I ANNUAL LIMITATION
a.

100% for years 1-12, up to a maximum dollar amount per year of $1.06 per square foot;

b.

83.33% for year 13, up to a maximum dollar amount for that year of $0.88 per square foot;

c.

66.67% for year 14, up to a maximum dollar amount for that year of $0.71 per square foot;

d.

50% for year 15, up to a maximum dollar amount for that year of $0.53 per square foot;

e.

33.33% for year 16, up to a maximum dollar amount for that year of $0.35 per square foot;
and

f.

16.67% for year 17, up to a maximum dollar amount for that year of $0.17 per· square foot.

1099165\330377539.v2

PRINCIPAL PAYMENT RECORD
DATE OF PAYMENT

PRINCIPAL PAYMENT

PRINCIPAL BALANCE DUE

1099165\330377539.v2

RESOLUTION NO. 2026-18
A RESOLUTION IN SUPPORT OF AN ILLINOIS TRANSPORTATION ENHANCEMENT
PROGRAM (ITEP) GRANT APPLICATION FOR BICYCLE AND PEDESTRIAN
IMPROVEMENTS
WHEREAS, the City of Wilmington, located in the County of Will, State of Illinois, desires to
participate in the construction of bicycle and pedestrian facilities connecting the Villages of Elwood, IL
and Wilmington, IL to each other and to various points of interest in the surrounding areas (the “Project”);
and
WHEREAS, an Illinois Transportation Enhancement Program (ITEP) Grant will fund 80% of
eligible preliminary engineering, design, construction, and construction engineering costs and 50% of
right-of-way and street lighting costs of the proposed improvements; and
WHEREAS, the City of Wilmington is capable, willing, and able to fund the required local match
during the programmed year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WILMINGTON, WILL
COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: The foregoing recitals are hereby incorporated into, and made part of, this
Resolution.
SECTION 2: The City of Wilmington does hereby commit to being responsible for payment of
any required matching funds and/or ineligible or other costs associated with the Project as determined by
Illinois Department of Transportation.
SECTION 3: This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
PRESENTED and approved by the City Council on a roll call vote on the ______ day of
______________, 2026
AYES:
NAYS:
ABSTENT:
ABSTAIN:
APPROVED this _____ day of __________________, 2026.
____________________________________
Presiding Officer
ATTEST:
____________________________________